1. (a) For purposes of this section, "responsible person" means the person responsible for the operation of a public water system that uses surface water as a source of drinking water.

2. (b) A responsible person shall do the following or ensure that the following are done:

   1. (1) Develop, maintain, and update a surface water quality threat minimization and response plan for the public water system for which the person is responsible. A plan developed under this subdivision must include the following:

      1. (A) An identification of critical drinking water intake facilities, including specific locations of wells, intake structures, and critical drinking water distribution infrastructure.
      2. (B) An identification of potential threats to raw water quality.
      3. (C) An assessment of the risks posed by potential threats identified in clause (B).
      4. (D) A communication, education, and risk minimization plan.

      5. (E) An incident response plan.

         A plan described in this subdivision, as well as its component parts, is confidential under IC 5-14-3-4 (b)(19).

   2. (2) With respect to a plan described in subdivision (1):

      1. (A) Submit the plan to the department when the plan is developed.
      2. (B) Submit an updated plan to the department every five (5) years thereafter.
3. (c) A responsible person may gather information from potential sources of contamination for the purpose of developing or updating a surface water quality threat minimization and response plan required by subsection (b)(1). The information gathered under this subsection may be excepted from inspection and copying under IC 5-14-3-4 (a)(1), IC 5-14-3-4 (a)(4), IC 5-14-3-4 (a)(8), and IC 5-14-3-4 (b)(19), depending on the circumstances pertaining to the information.

As added by P.L.112-2015, SEC.12. Amended by P.L.72-2017, SEC.10.