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 13-11-2; IC 13-13-5-1; IC 13-18-2

Sec. 3. (a) A PWS's daily capacity is determined by adding together the production capacity determined under subsection (b) and the purchase capacity, if any, determined under subsection (c).

(b) The production capacity is the lesser of the following amounts:

(1) The "design daily production" in gallons per day as reported on the most recent Public Water System Sanitary Survey conducted by the commissioner under 40 CFR 141.401*, 40 CFR 21(d)*, and 327 IAC 8-2.8.

(2) The sum of the rated daily capacity of all primary pumps utilized by a public water supplier less the primary pump with the largest rated capacity.

(c) A PWS that supplements its own capacity by purchasing water may add the amount of the purchase capacity to the PWS daily capacity. The purchase capacity is one (1) of the following amounts:

(1) The contractual amount, expressed as a daily quantity, of water purchased from a separate PWS.

(2) The commissioner's approved amount expressed as a daily quantity of water purchased from a separate PWS. The commissioner's approval of the purchase capacity is required when no:

(A) purchase water contract exists; or

(B) finite daily quantity of water is specified in the purchase water contract.

*This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204.

(Water Pollution Control Division; 327 IAC 8-3.3-3; filed Mar 31, 1999, 1:50 p.m.: 22 IR 2510; 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; filed Nov 24, 2025, 9:07 a.m.: 20251224-IR-327240428FRA)