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) Whenever investigation by the commissioner shall show:

1. (1) any public water system, water treatment works, or any part thereof to be inadequate or to be improperly located, constructed, or operated and by reason thereof to be causative of disease; or
2. (2) that the water obtained therefrom fails to meet the drinking water standards of 327 IAC 8-2;

the person, firm, corporation or municipality owning or operating, or both, the public water system or water treatment works, upon receipt of an official order from the commission, shall proceed within such time as is therein provided to carry out the changes, extensions, or improvements or to institute the changes in the methods of operation of the public water system or water treatment works as may be necessary to abate the conditions.

(b) Any order of the commissioner shall:

1. (1) be a written order; and
2. (2) establish a time within which the steps contemplated in the order shall be carried out.

(c) The official order shall 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 public water system or water treatment works, at which hearing the facts as shown by the investigation made by the commissioner shall be presented to the person, firm, corporation, or municipality. Notice of the hearing shall 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)