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. 1. (a) If the commissioner determines a PWS, water treatment works, or part of a PWS or water treatment works is:

(1) inadequate;

(2) improperly located or constructed;

(3) operated in a manner to cause disease; or

(4) supplying water that fails to meet the drinking water standards of 327 IAC 8-2.7;

the person, firm, corporation, or municipality owning or operating, or both, the PWS or water treatment works, after receiving an official order from the commissioner, must comply with the order to abate the conditions.

(b) An order of the commissioner shall:

(1) be a written order; and

(2) establish a time within which the steps contemplated in the order must be carried out.

(c) The official order must not be issued by the commissioner until an opportunity for a hearing has been given to the person, firm, corporation, or municipality owning or operating, or both, the PWS or water treatment works. At the hearing, the facts as shown by the investigation made by the commissioner must be presented to the person, firm, corporation, or municipality. Notice of the hearing must be given not less than ten (10) days before the date set for the hearing.

(Water Pollution Control Division; 327 IAC 8-6-1; filed Sep 24, 1987, 3:00 p.m.: 11 IR 712; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; filed Apr 24, 2006, 3:00 p.m.: 29 IR 2974; readopted filed Jul 18, 2012, 2:25 p.m.: 20120815-IR-327120261BFA; readopted filed Jun 6, 2018, 1:59 p.m.: 20180704-IR-327180171BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA; filed Nov 24, 2025, 9:07 a.m.: 20251224-IR-327240428FRA)