IDE M INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

Mitchell E. Daniels Jr. 100 North Senate Avenue 

Governor Indianapolis, Indiana 46204 

(317) 232-8603 

Thomas W. Easterly Toll Free (800) 451-6027 

Commissioner www.idem.IN.gov 

Augsu t 29 , 2012 

VIA CERTIFIED MAIL 91 7190 0005 2710 0023 1581 

Ms. Tinka Hyde, Director, Water Division 

U.S. Environmental Protection Agency, Region 5 

77 West Jackson Boulevard 

Chicago, IL 60604-3590 

Dear Director Hyde: 

Re: Section 401 Water Quality Certification 

Project: Small Vessel General Permit 

IDEM No.: 2012-251-00-JWR-A 

C O E No.: N/A 

County: Statewide 

The Office of Water Quality has reviewed your request for Section 401 Water 

Quality Certification for the proposed permit issuance of the National Pollutant 

Discharge Elimination System (NPDES) Small Vessel General Permit (sVGP) published 

in the Federal Register December 8, 2011. This general permit, titled Small Vessel 

General Permit for Discharges Incidental to the Normal Operation of Vessels Less than 

79 Feet (sVGP), would authorize discharges from or associated with the normal 

operation of al! non-recreational, non-military vessels less than 79 feet in length. 

Based on available information, it is the judgment of this office that the proposed 

general permit will comply with the applicable provisions of 327 IAC 2 and Sections 301, 

302, 303, 306, and 307 ofthe Clean Water Act if the recipient ofthe certification 

complies with the conditions set forth below. Therefore, subject to the following 

conditions, the Indiana Department of Environmental Management (IDEM) hereby 

grants Section 401 Water Quality Certification for this federal permit. 

CONDITIONS OF THE SECTION 401 WATER QUALITY CERTIFICATION: 

The following conditions shall apply to any activity that qualifies under this general 

permit. 

1) Permittee shall allow the commissioner or an authorized representative of the 

commissioner (including an authorized contractor), upon the presentation of 

credentials: 

a) to enter and inspect covered vessels; 

b) to have access to and copy at reasonable times any records that must be kept 

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E PA Small Vessel General Permit 

Page 2 

under the conditions of this certification; 

c) to inspect, at reasonable times, any monitoring or operational equipment or 

method; collection, treatment, pollution management or discharge facility or 

device; practices required by this certification; and 

d) to sample or monitor any discharge of pollutants from covered vessels. 

2) This granting of WQ C does not relieve the permitee from the responsibility of 

obtaining any other permits or authorizations that may be required for this project or 

related activities from the IDEM or any other agency or person. 

3) This certification does not: 

a) Authorize impacts or activities outside the scope of this certification; 

b) Authorize any injury to permittees or private property or invasion of other private 

rights, or any infringement of federal, state or local laws or regulations; 

c) Convey any property rights of any sort, or any exclusive privileges; or 

d) Preempt any duty to obtain federal, state or local permits or authorizations 

required by law. 

4) The IDEM, for any vessel that qualifies under the terms and conditions of this 

certification, may choose to require an individual WQC if it determines that the 

vessel would have more than minimal impacts to water quality, either viewed 

individually or collectively with other activities that may affect the same waterbody. 

5) Activities authorized by this general permit shall not violate or exceed Indiana's 

Water Quality Standards at 327 IAC 2. 

The IDEM retains the right to review, modify, terminate, replace or amend this 

certification as needed to ensure that the federal permits or licenses certified do not 

result in violations of Indiana's Water Quality Standards or other applicable state laws. 

In the absence of another action by the IDEM that would alter the termination date of 

this certification, this certification shall expire with the expiration of the federal permits it 

certifies. 

This certification does not relieve the recipient of the responsibility of obtaining 

any other permits or authorizations that may be required for this project or related 

activities from IDEM or any other agency or person. 

Failure to comply with the terms and conditions of this Section 401 Water Quality 

Certification or the permits certified may result in enforcement action against you. If an 

enforcement action is pursued, you could be assessed up to $25,000 per day in civil 

penalties. You may also be subject to criminal liability if it is determined that the Section 

401 Water Quality Certification was violated willfully or negligently. 
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This certification is effective eighteen (18) days from the mailing of this notice 

unless a petition for review and a petition for stay of effectiveness are filed within this 

18-day period. If a petition for review and a petition for stay of effectiveness are filed 

within this period, any part ofthe certification within the scope ofthe petition for stay is 

stayed for fifteen (15) days, unless or until an Environmental Law Judge further stays 

the certification in whole or in part. 

This decision may be appealed in accordance with IC 4-21.5, the Administrative 

Orders and Procedures Act. The steps that must be followed to qualify for review are: 

1) You must petition for review in writing that states facts demonstrating that you 

are either the person to whom this decision is directed, a person who is 

aggrieved or adversely affected by the decision, or a person entitled to review 

under any law. 

2) You must file the petition for review with the Office of Environmental Adjudication 

(OEA) at the following address: 

Office of Environmental Adjudication 

100 North Senate Avenue 

IGCN Room N1049 

Indianapolis, IN 46204 

3) You must file the petition within eighteen (18) days of the mailing date of this 

decision. If the eighteenth day fails on a Saturday, Sunday, legal holiday, or 

other day that the OEA offices are closed during regular business hours, you 

may file the petition the next day that the OEA offices are open during regular 

business hours. The petition is deemed filed on the earliest ofthe following 

dates: the date it is personally delivered to OEA; the date that the envelope 

containing the petition is postmarked if it is mailed by United States mail; or, the 

date it is shown to have been deposited with a private carrier on the private 

carrier's receipt, if sent by private carrier. 

Identifying the certification, decision, or other order for which you seek review by 

number, name of the applicant, location, or date of this notice will expedite review of the 

petition. 

Note that if a petition for review is granted pursuant to IC 4-21.5-3-7, the 

petitioner will, and any other person may, obtain notice of any prehearing conferences, 

preliminary hearings, hearings, stays, and any orders disposing ofthe proceedings by 

requesting copies of such notices from OEA. 

If you have procedural questions regarding filing a petition for review you may 

contact the Office of Environmental Adjudication at 317-232-8591. 
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If you have any questions about this certification, please contact Jason 

Randolph, Project Manager, of my staff at 317-233-0467, or you may contact the Office 

of Water Quality through the IDEM Environmental Helpline (1-800-451-6027). 

Sincerely, 

Mary E. Hollingsworth, Branch Chief 

Surface Water, Operations & Enforcement Branch 

Office of Water Quality 

cc: Sean Ramach, USEPA 

Mike Molnar, IDNR 

Scott Pruitt, USFWS 

R ED 

S E P o 4 

NPDESraoGRAM S BRANC H 

tPA, REGION 5