Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3-1; IC 13-18-4-1

Affected: IC 4-21.5; IC 13-11-2; IC 13-13-5-1; IC 13-18-2

Sec. 4.2. (a) For use in this section, the public water system's capacity shall be calculated by the methods outlined in 327 IAC 8-3.3.

(b) The commissioner may issue an early warning order to a public water system if the public water system's highest daily pumpage, as reported over the previous two (2) year period, on the public water system's monthly report of operations, on record with the department, exceeds ninety percent (90%) of the public water system's capacity.

(c) An early warning order shall require the public water system to submit one (1) of the following within one hundred twenty (120) days of the date of an early warning order:

1. (1) A report regarding the public water system's:

   1. (A) technical, managerial, and financial capacity demonstrating that the public water system can maintain normal operations and remain viable; and
   2. (B) anticipated capacity utilization plans covering, in the minimum, the upcoming twenty-four (24) months.
2. (2) A report regarding the public water system's proposed plans covering, in the minimum, the upcoming twenty-four (24) months to increase the capacity of the public water system or to decrease the customer demand.
3. (3) A report demonstrating that the public water system's current two (2) year average peak does not exceed ninety percent (90%) of the public water system's capacity.

(d) The commissioner may impose a connection ban under circumstances where:

1. (1) one hundred twenty (120) calender days have passed since the issuance date of the early warning order;
2. (2) the public water system's current two (2) year average peak exceeds ninety percent (90%) of the public water system's capacity; and

3. (3) one (1) of the following has occurred:

   1. (A) The public water system has not complied with subsection (c).
   2. (B) The public water system has failed to demonstrate that the public water system's technical, managerial, and financial capacity can maintain normal operations and remain viable.
   3. (C) The public water system has failed to implement the public water system's proposed twenty-four (24) month plan to increase the capacity of the public water system or decrease the customer demand.

(e) The connection ban imposed by the commissioner shall prohibit the connection of additional water main extensions to the public water system.

(f) The commissioner shall give written notification to the public water system, by certified mail with return receipt requested, of the decision to impose an early warning order or a connection ban.

(g) The commissioner may terminate an early warning order or a connection ban only after the commissioner has approved one (1) of the following:

1. (1) A report submitted pursuant to subsection (c).
2. (2) A report demonstrating that the public water system's current two (2) year average peak does not exceed ninety percent (90%) of the public water system's capacity.

(h) A project with a valid construction permit, issued by the commissioner, with an effective date preceding a connection ban issued by the commissioner, is exempt from the connection ban.

(i) An emergency construction permit, as described in section 2(f) of this rule, may be issued by the commissioner to a public water system with a connection ban.

(j) A public water system aggrieved by the imposition of an early warning order, a connection ban, or a denial to terminate an early warning order or a connection ban may appeal the decision of the commissioner at a hearing held in accordance with IC 4-21.5.

(Water Pollution Control Division; 327 IAC 8-3-4.2; filed Mar 31, 1999, 1:50 p.m.: 22 IR 2497; errata filed Aug 30, 1999, 12:06 p.m.: 23 IR 25; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; readopted filed Jun 14, 2019, 1:59 p.m.: 20190710-IR-327190246BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)