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-IR- Database: Indiana Register

TITLE 327 WATER POLLUTION CONTROL DIVISION

Final Rule
LSA Document #17-563(F)

DIGEST

Amends 327 IAC 8-10-7, 327 IAC 8-10-11, and 327 IAC 8-10-12 to revise the existing rule language regarding where to find reference documents for cross connection control. Repeals 327 IAC 8-10-13. Effective 30 days after filing with the Publisher.


HISTORY
Findings and Determination of the Commissioner Pursuant to IC 13-14-9-7: December 6, 2017, Indiana Register (DIN: 20171206-IR-327170563FDA).
Notice of Public Hearing: December 6, 2017, Indiana Register (DIN: 20171206-IR-327170563PHA).
Change in Notice of Public Hearing: January 24, 2018, Indiana Register (DIN: 20180124-IR-327170563CHA).
Date of First Hearing: April 11, 2018.
Proposed Rule: May 2, 2018, Indiana Register (DIN: 20180502-IR-327170563PRA).
Notice of Second Hearing: May 2, 2018, Indiana Register (DIN: 20180502-IR-327170563PHA).
Change in Notice of Public Hearing: June 13, 2018, Indiana Register (DIN: 20180613-IR-327170563CHA).
Date of Second Hearing: August 8, 2018.


SECTION 1. 327 IAC 8-10-7 IS AMENDED TO READ AS FOLLOWS:

327 IAC 8-10-7 Construction and installation requirements for air gaps or other devices

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

Sec. 7. (a) The discharge pipe of an air gap shall must terminate a minimum of:
(1) two (2) pipe diameters of the discharge pipe or six (6) inches, whichever is less, above the maximum recorded flood level or above the flood level rim of the receiving vessel, whichever is higher; or
(2) three (3) pipe diameters of the discharge pipe or six (6) inches, whichever is less, above the maximum recorded flood level or above the flood level rim of the receiving vessel, whichever is higher, where:
(A) a side wall, rib, or similar obstruction is spaced closer than three (3) diameters from the piping affecting the air gap; or
(B) two (2) intersecting walls are located closer than four (4) pipe diameters from the piping affecting the air gap.

(b) Only those models of Double check valve assemblies, reduced pressure principle backflow preventers, and pressure vacuum breakers that have been listed by the "List of Approved Backflow Prevention Assemblies", by the Foundation for Cross Connection Control and Hydraulic Research of the University of Southern California, February 7, 2012, to be installed must be:
(1) approved by the Foundation for Cross-Connection Control and Hydraulic Research*; or those
(2) acceptable under the Indiana plumbing code under the fire prevention and building safety commission rules at 675 IAC 16 shall be installed. 675 IAC 16-1.4.

(c) Reduced pressure principle backflow preventers shall must be installed according to the following:
(1) Horizontally or vertically as listed determined by the Foundation for Cross Connection Cross-Connection Control and Hydraulic Research of the University of Southern California, February 7, 2012, in accordance with the following:
(1) no (A) A plug or additional piping must not be affixed to the pressure differential relief valve port. and
(2) (B) The pressure differential relief valve port must be a minimum of twelve (12) inches above floor level. Additionally, the device must be installed
(2) At a location where any that allows the following:
(A) Leakage from the pressure differential relief valve port will to be noticed. and that allows
(B) Access to the valve for the following:
(i) Maintenance. and
(ii) Testing from floor level without use of a ladder or other similar temporary apparatus. The device must not be installed below
(3) Above ground grade level. and must not be
(4) In a manner that will not subject to the device to the following:
(A) Flooding.
(B) Excessive heat. or
(C) Freezing.

(d) All double check valve assemblies shall must be installed at a location that:
(1) allows access to the device for maintenance and testing from floor level without use of a ladder or other similar temporary apparatus; and that
(2) will not subject the device to:
(A) flooding;
(B) excessive heat; or
(C) freezing.

(e) Pressure vacuum breakers and spill resistant vacuum breakers shall must be installed according to the following:
(1) As near as possible to the irrigation facility.
(2) At a location that allows access to the device for maintenance and testing from floor or ground level without use of a ladder or other similar temporary apparatus. and
(3) In a manner that will not subject the device to the following:
(A) Flooding.
(B) Excessive heat. or
(C) Freezing. Additionally, the device must be installed
(4) Between two (2) tightly closing shutoff valves, with its center line or datum point a minimum of twelve (12) inches above:
(1) (A) floor level;
(2) (B) the highest downstream piping or shutoff valve; and
(3) (C) the highest downstream overflow rim or discharge point.

(f) Atmospheric vacuum breaker backsiphonage prevention assemblies must be installed according to the following:
(1) At a location that allows access to the device for maintenance and testing from floor or ground level without use of a ladder or other similar apparatus. and
(2) In a manner that will not subject the device to the following:
(A) Flooding.
(B) Excessive heat. or
(C) Freezing. Additionally, the device must be installed as follows:
(1) (3) With a minimum of six (6) inches clearance above the overflow rim or downstream piping.
(2) Absolutely no (4) Without means of shutoff on the discharge side of vacuum breaker.
(3) Must not be (5) Without being under continuous pressure for more than twelve (12) hours in any twenty-four (24) hour period.

*A list of approved backflow prevention assemblies may be obtained from the Foundation for Cross-Connection Control and Hydraulic Research at http://fccchr.usc.edu/list.html or is 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, Indiana 46204.
(Water Pollution Control Division; 327 IAC 8-10-7; filed Sep 24, 1987, 3:00 p.m.: 11 IR 717; filed Mar 31, 1999, 1:50 p.m.: 22 IR 2518; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; filed Nov 13, 2012, 11:39 a.m.: 20121212-IR-327100414FRA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; errata filed Jul 31, 2017, 11:06 a.m.: 20170809-IR-327170349ACA; errata filed Sep 22, 2017, 11:46 a.m.: 20171004-IR-327170437ACA; filed Oct 24, 2018, 3:24 p.m.: 20181121-IR-327170563FRA)


SECTION 2. 327 IAC 8-10-11 IS AMENDED TO READ AS FOLLOWS:

327 IAC 8-10-11 Registration of inspectors; list of registered inspectors; list of approved devices

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

Sec. 11. (a) Upon reviewing and finding the information certified by the training provider acceptable, the commissioner shall issue a registration number to each person whose training provider has certified that the applicant has met the following requirements of education and examination:
(1) The information supplied by the applicant must be reviewed and acceptable to the training provider.
(2) Each applicant must shall attend forty (40) hours of education and successfully complete a written and oral examination for cross connection device inspectors administered by a training provider.

(b) The commissioner may revoke the registration of any cross connection control inspector, following a hearing under IC 4-21.5, when if it is found that the inspector has violated:
(1) any of the provisions set out in this rule; or

(c) The commissioner shall maintain a list entitled "Indiana Registered Cross Connection Control Device Inspectors, All Inspectors", which is comprised of cross connection control device inspectors registered in Indiana.

(d) The commissioner shall maintain a list entitled "Indiana Registered Cross Connection Control Device Inspectors, Active Inspectors", which is comprised of cross connection control device inspectors:
(1) that are registered in Indiana in accordance with subsection (a); and
(2) who have requested their inclusion on this list in writing to the commissioner during the previous two (2) years.

(e) The commissioner shall maintain a list entitled "List of Approved Backflow Prevention Assemblies, February 7, 2012, by the Foundation for Cross Connection Control and Hydraulic Research, University of Southern California", which is comprised of a listing of cross connection control devices from the Foundation for Cross Connection Control and Hydraulic Research of the University of Southern California.

(f) (e) The commissioner shall make the following lists as described in this section subsections (c) and (d) available to the public upon request.
(1) Indiana Registered Cross Connection Control Device Inspectors, All Inspectors.
(2) Indiana Registered Cross Connection Control Device Inspectors, Active Inspectors.
(3) List of Approved Backflow Prevention Assemblies, February 7, 2012, Foundation for Cross Connection Control and Hydraulic Research, University of Southern California.
(Water Pollution Control Division; 327 IAC 8-10-11; filed Sep 24, 1987, 3:00 p.m.: 11 IR 718; filed Mar 31, 1999, 1:50 p.m.: 22 IR 2519; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; filed Nov 13, 2012, 11:39 a.m.: 20121212-IR-327100414FRA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; filed Oct 24, 2018, 3:24 p.m.: 20181121-IR-327170563FRA)


SECTION 3. 327 IAC 8-10-12 IS AMENDED TO READ AS FOLLOWS:

327 IAC 8-10-12 Approval of an organization as a training provider of cross connection control device inspectors; record keeping

Authority: IC 13-13-5-1; IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC 13-15-2-1; IC 13-18

Sec. 12. (a) The commissioner shall approve an organization as a training provider of cross connection control device inspectors if the training provider's proposed course meets the following requirements:
(1) The proposed course instruction and examination have a total duration of at least forty (40) hours.
(2) The proposed course deals with matters directly related to the cross connection control devices that include but are not limited to, the following:
(A) Cross connection:
(i) identification;
(ii) degree of hazard;
(iii) prevention;
(iv) control devices; and
(v) practices.
(B) Backflow prevention assembly field test procedures and gage gauge accuracy verification Section 9 from the "Manual of Cross Connection Control", Tenth Edition, published October 2009, by the Foundation for Cross Connection Cross-Connection Control and Hydraulic Research. University of Southern California.
(C) Cross connection control device:
(i) inspection;
(ii) repair; and
(iii) maintenance.
(D) Content, intent, and related policy of this rule.
(E) Responsibilities of the:
(i) customer;
(ii) public water system; and
(iii) cross connection control device inspector.
(3) To teach the assigned subject, each instructor of the proposed course must be recognized by shall:
(A) have recognition from Indiana as a cross connection control device inspector; and
(B) be qualified by academic work or practical experience directly related to cross connection control device inspection.
to teach the assigned subject.
(4) Includes both a written and oral examinations that are proctored by different instructors and meets meet the following requirements:
(A) A written examination that tests the student's comprehension of the material discussed in subdivision (2).
(B) An oral examination that tests the student's ability and competency to perform cross connection control device:
(i) inspections;
(ii) test procedures specified under subdivision (2)(B); and
(iii) troubleshooting.
on cross connection control devices.
(5) The organization submits a written request to the commissioner for approval as a training provider of cross connection control device inspectors. The request shall must contain the following:
(A) The:
(i) name, address, and telephone number of the organization;
(ii) name of the course;
(iii) specific topics on which there are to be presentations;
(iv) time devoted to each topic identified under item (iii); and
(v) dates and locations where the course will be offered.
(B) All instructors':
(i) names;
(ii) registration numbers;
(iii) educational backgrounds;
(iv) professional experiences; and
(v) current professional affiliations.
(C) Information to demonstrate fulfillment of the requirements of subdivision (2) to the satisfaction of the commissioner.
(D) A written class outline.

(b) The commissioner's approval of an organization as a training provider of cross connection control device inspectors shall be is valid for a duration of five (5) years.

(c) All training providers must shall maintain records for five (5) years on the following:
(1) The dates of all courses.
(2) The names of all individuals attending the course.
(3) The duration of the course.
(4) All instructors' names.
(5) The program content.
These records shall be maintained for five (5) years.

(d) Training providers must shall submit to the commissioner a record of individuals attending courses within thirty (30) days of the conclusion of the course. These records shall must be maintained for a five (5) year period. The records shall must contain the following:
(1) The name of the course.
(2) The name, address, and current phone number of the individual attending the course.
(3) The date of the course.
(4) Performance on the written and oral examinations required by subsection (a)(4).

(e) The commissioner may revoke the approval of a training provider, following a hearing under IC 4-21.5, when if it is found that the training provider has violated:
(1) any of the provisions set out in the approval of the training provider's cross connection control device inspectors course; in
(2) this rule; or
(3) the conditions of IC 13-18-11-8.
(Water Pollution Control Division; 327 IAC 8-10-12; filed Mar 31, 1999, 1:50 p.m.: 22 IR 2520; 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; filed Nov 13, 2012, 11:39 a.m.: 20121212-IR-327100414FRA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; filed Oct 24, 2018, 3:24 p.m.: 20181121-IR-327170563FRA)


SECTION 4. 327 IAC 8-10-13 IS REPEALED.

LSA Document #17-563(F)
Proposed Rule: 20180502-IR-327170563PRA
Hearing Held: August 8, 2018
Approved by Attorney General: October 9, 2018
Approved by Governor: October 24, 2018
Filed with Publisher: October 24, 2018, 3:24 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Angela Taylor, IDEM Small Business Regulatory Coordinator/CTAP Small Business Liaison, IGCN 1316, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 233-0572 or (800) 988-7901, ctap@idem.in.gov
Small Business Assistance Program Ombudsman: Erin Moorhous, IDEM Small Business Assistance Program Ombudsman/Business, Agricultural, and Legislative Liaison, IGCN 1301, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8921 or (800) 451-6027, emoorhous@idem.in.gov

Posted: 11/21/2018 by Legislative Services Agency

DIN: 20181121-IR-327170563FRA
Composed: Apr 19,2024 8:02:38AM EDT
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