reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 1.5 - Definitions › Section 1.5-70 - "Wastewater" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC
				  13-11-2; IC
				  13-18-4
Sec. 70.
"Wastewater" means liquid or water-carried wastes from
				  industrial, municipal, agricultural, or other sources.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 1.5 - Definitions › Section 1.5-71 - "Water pollution treatment or control facility" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC
				  13-11-2; IC
				  13-18-4
Sec. 71.
"Water pollution treatment or control facility" means any
				  equipment, device, unit, or structure that is used to control, prevent,
				  pretreat, or treat any discharge or threatened discharge of pollutants into any
				  waters of Indiana, including surface and subsurface waters and public or
				  private sewerage systems. The term includes, but is not limited to, the
				  following:
(1) Treatment
				facilities.
(2) Combined
				sewers.
(3) Sanitary
				sewers.
(4) Disposal well
				systems.
(5) Animal feeding
				operation treatment facilities.
(6)
				Land application treatment facilities.
(7) Cyanide isolation facilities.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 1.5 - Definitions › Section 1.5-72 - "Waters of the state of Indiana" or "waters of the state" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC
				  13-11-2-265;
				  IC 13-18-4
Sec. 72.
"Waters of the state of Indiana" or "waters of the state"
				  has the meaning set forth in IC
				  13-11-2-265.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-1 - Purpose and scope

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4
Sec. 1.
This rule defines the general programmatic requirements of a
				  pollutant discharge permit system to be administered by the commissioner
				  consistent with the NPDES requirements set forth in Sections 118, 318, 402, and
				  405 of the Clean Water Act and federal regulations adopted pursuant
				  thereto.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-1.6 - Consistency with federal references

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-18-10-4
Affected: IC
				  13-11-2; IC
				  13-14-12; IC 13-18; IC
				  13-30
Sec. 1.6.
The department shall issue NPDES permits consistent with the
				  following:
(1)40 CFR 122 *, EPA
				Administered Permit Programs: The National Pollutant Discharge Elimination
				System.
(2)40 CFR 123 *, State
				Program Requirements.
(3)40 CFR 124
				*, Procedures for Decisionmaking.
(4)40 CFR 131 *, Water Quality Standards.
*These documents are 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, Indiana 46204.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-1.7 - Conversion of federal terms

Current through July 10, 2024
Authority: IC
				  13-14-8-1;
				  IC
				  13-18-10-4
Affected: IC 13-11-2; IC 13-14-12; IC 13-18; IC 13-30
Sec. 1.7.
When used in 40 CFR, as incorporated by reference in this
				  article, substitute the following unless otherwise indicated:
(1) "Administrator" means the commissioner of
				the Indiana department of environmental management.
(2) "Agency" means the Indiana department of
				environmental management.
(3)
				"Director" means the commissioner of the Indiana department of environmental
				management.
(4) "Environmental
				protection agency" or "EPA" means the Indiana department of environmental
				management.
(5) "Water management
				division director" means the commissioner.
(6) "State", "authorized state", "approved
				state", and "approved program" means Indiana.
(7) "United States" means the state of
				Indiana.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-1.8 - Exceptions

Current through July 10, 2024
Authority: IC 13-14-8-1; IC 13-18-10-4
Affected: IC 13-11-2-38.3; IC 13-14-12; IC 13-18; IC 13-30;
				  IC 14-37
Sec. 1.8.
(a) When
				used in a document incorporated by reference in section 1.5 of this rule:
(1) delete
				40
				CFR 122.3; and
(2) substitute the language in subsection
				(b).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-2 - Requirement to have a permit

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC 13-15; IC
				  13-18-3-15;
				  IC 13-18-4
Sec. 2.
Any discharge of pollutants into waters of the state as a
				  point source discharge, except for exclusions in section 1.8 of this rule, is
				  prohibited unless in conformity with a valid NPDES permit obtained prior to the
				  discharge.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-3 - Permit application

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4
Sec. 3.
(a) A person
				required to have an NPDES permit, except for a person covered by a general
				NPDES permit under 327 IAC 15, shall submit a complete application to the
				commissioner in accordance with this section, 327 IAC 5-3, and
				40 CFR
				122.21 *, as amended by 83 FR 730*, using
				the:
(1) forms specified in this section;
				or
(2) equivalent state forms
				provided by the commissioner.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-5 - Effect of permit issuance

Current through July 10, 2024
Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC
				  13-7-10-1
Affected: IC 13-1-3; IC 13-7
Sec. 5.
(a)
				Compliance with a permit during its term constitutes compliance with all
				applicable standards and limitations of the CWA and state law, except for any
				standard or prohibition imposed under section 307 of the CWA for a toxic
				pollutant injurious to human health.
(b) The issuance of a permit does not:
(1) convey any property rights of any sort,
				or any exclusive privileges;
(2)
				authorize any injury to persons or private property or invasion of other
				private rights, or any infringement of federal, state, or local laws or
				regulations; or
(3) preempt any
				duty to obtain state or local assent required by law for the discharge or for
				construction or operation of the facility from which the discharge is
				made.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-6 - Duration of permits and transferability of permits

Current through July 10, 2024
Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7
Affected: IC 13-1-3; IC 13-7
Sec. 6.
(a) A permit
				shall be issued for a fixed term not to exceed five (5) years. Permits of less
				than five (5) years duration may be issued in appropriate circumstances at the
				discretion of the commissioner. A permit may be modified, revoked and reissued,
				or terminated prior to the expiration of the term for cause, as specified in
				section 16 of this rule, or in accordance with conditions set forth in the
				permit (as in a reopening clause). In no event may the term of a permit be
				extended beyond five (5) years from its original effective date by
				modification, extension, or other means, except as provided in subsection
				(b).
(b) The terms and conditions
				of an expired permit are automatically extended in full force and effect until
				the effective date of a new permit, if:
(1)
				the permittee has submitted a timely and sufficient application for a new
				permit under section 3 of this rule and
				327 IAC
				5-3-2; and
(2) the commissioner, through no fault of the
				permittee, does not issue a new permit prior to the expiration date of the
				previous permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-7 - Prohibitions

Current through July 10, 2024
Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC
				  13-7-10-1
Affected: IC 13-1-3; IC 13-7
Sec. 7.
No permit shall be issued in the following
				  circumstances:
(a) Where the terms or
				conditions of the permit do not comply with the applicable guidelines and
				requirements of the CWA or effective regulations promulgated under the CWA or
				this article (327 IAC 5).
(b) Where
				the regional administrator has objected to issuance of the proposed permit
				under section 402(d) of the CWA.
(c) Where, in the judgment of the secretary
				of the Army, anchorage and navigation in or on any of the waters of the United
				States would be substantially impaired by the discharge.
(d) For the discharge of any radiological,
				chemical, or biological warfare agent or high-level radioactive
				waste.
(e) For any discharge from a
				point source substantially inconsistent with a plan or plan amendment approved
				under section 208(b) of the CWA.
(f) To a facility which is a new source or a
				new discharger, if the discharge from the construction or operation of the
				facility will cause or contribute to the violation of water quality standards
				in the receiving waters, unless:
(1) The
				commissioner has conducted a pollutant load allocation analysis for the
				pertinent segment of the receiving stream which will result in compliance with
				applicable water quality standards;
(2) Sufficient pollutant load allocations
				remain to accommodate the proposed discharge and the permit contains effluent
				limitations consistent with the remaining allocations.
(3) The commissioner has imposed schedules
				for compliance with the pollutant load allocation upon all existing dischargers
				into the segment.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-8 - Conditions applicable to all permits

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-7-1; IC 13-30-10-1
Sec. 8.
The following conditions apply to all NPDES permits and shall
				  be incorporated into the permits either expressly or by reference:
(1) The permittee must comply with all terms
				and conditions of the permit. Any permit noncompliance constitutes a violation
				of the Clean Water Act and the environmental management laws and is grounds
				for:
(A) enforcement action;
(B) permit termination, revocation and
				reissuance, or modification; or
(C)
				denial of a permit renewal application.
A permittee may claim an affirmative defense to a permit
				  violation if the circumstances of the noncompliance meet the criteria of an
				  upset as defined in subdivision (13).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-9 - Notification requirements for toxic pollutants

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-2; IC
				  13-18-4
Affected: IC 13-15-1-2; IC 13-18-3
Sec. 9.
In addition to the reporting requirements of section 8(10) of
				  this rule, permits issued to any manufacturing, commercial, mining, or
				  silvicultural discharger shall contain conditions requiring the discharger to
				  notify the commissioner as soon as the discharger knows or has reason to know
				  the following:
(1) That any activity
				has occurred or will occur that would result in the discharge of any toxic
				pollutant that is not limited in the permit if that discharge will exceed the
				highest of the following notification levels:
(A) One hundred (100) micrograms per
				liter.
(B) Two hundred (200)
				micrograms per liter for acrolein and acrylonitrile; five hundred (500)
				micrograms per liter for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;
				and one (1) milligram per liter for antimony.
(C) Five (5) times the maximum concentration
				value reported for that pollutant in the permit application in accordance with
				40
				CFR 122.21(g)(7).
(D) A notification level established by the
				commissioner on a case-by-case basis, either at the commissioner's own
				initiative or upon a petition by the permittee. This notification level may
				exceed the levels specified in clause (A), (B), or (C) but may not exceed the
				level which can be achieved by the technology-based treatment requirements
				applicable to the permittee under the CWA (see
				327 IAC
				5-5-2 ).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-10 - Applicable limitations, standards, and conditions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-18-3-2.6
Affected: IC 13-11-2; IC 13-18-4
Sec. 10.
(a) Each
				NPDES permit must provide for and ensure compliance with all applicable
				requirements of the Clean Water Act (CWA), regulations promulgated under the
				CWA, and state law. For the purposes of this section, an applicable requirement
				is a statutory or regulatory requirement that takes effect under state law
				before final administrative disposition of a permit. In addition to the
				requirements of sections 6, 8, 9, and 12 of this rule, a permit must contain
				terms and conditions that ensure compliance with the following as applicable:
(1) Effluent limitations and standards under
				CWA Sections:
(A) 301*;
(B) 304*;
(C) 307(a)*;
(D) 318*; and
(E) 405*.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-11 - Considerations in the calculation and specification of effluent limitations

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4
Sec. 11.
(a) The
				following definitions and averaging procedure apply throughout this section:
(1) "Average monthly discharge" means the
				total mass or flow-weighted concentration of all daily discharges sampled or
				measured during a calendar month on which daily discharges are sampled and
				measured, divided by the number of daily discharges sampled and/or measured
				during such month. The average monthly discharge limitation is the highest
				allowable average monthly discharge for any calendar month.
(2) "Average weekly discharge" means the
				total mass or flow-weighted concentration of all daily discharges during any
				calendar week on which daily discharges are sampled or measured, divided by the
				number of daily discharges sampled and/or measured during such calendar week.
				The average weekly discharge limitation is the maximum allowable average weekly
				discharge for any calendar week.
(3) "Continuous discharge" means a discharge
				that occurs without interruption, except for infrequent shutdowns for
				maintenance, process changes, or other similar activities, throughout the
				operating hours of the facility.
(4) "Daily discharge" means the total mass of
				a pollutant discharged during the calendar day or, in the case of a pollutant
				limited in terms other than mass pursuant to subsection (e), the average
				concentration or other measurement of the pollutant specified over the calendar
				day or any twenty-four (24) hour period that reasonably represents the calendar
				day for the purposes of sampling. The maximum daily discharge limitation is the
				maximum allowable daily discharge for any calendar day.
(5) The average of discharge data shall be
				determined as follows:
(A) For fecal coliform,
				the average monthly discharge and average weekly discharge, as concentrations,
				shall be calculated using a geometric mean.
(B) For E. coli, the average monthly
				discharge, as a concentration, shall be calculated using a geometric
				mean.
(C) For all other parameters,
				calculations that require averaging of sample analyses or measurements of daily
				discharges shall use an arithmetic mean unless otherwise specified or approved
				by the commissioner.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-11.1 - Establishment of water quality-based effluent limitations for dischargers not discharging to waters within the Great Lakes system

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4
Sec. 11.1.
(a) The
				water quality standards established through the criteria set forth in
				327 IAC
				2-1-6 and
				327 IAC
				2-1-8.9 or under the procedures described in
				327 IAC
				2-1-8.2 through
				327
				IAC 2-1-8.6 and
				327 IAC
				2-1-8.9 shall:
(1)
				be the basis for water quality-based effluent limitations (WQBELs) applicable
				to point source dischargers, not discharging to waters within the Great Lakes
				system, through NPDES permits (except for instances where a variance has been
				approved under
				327 IAC
				2-1-8.8 and
				327
				IAC 5-3-4.1 ); and
(2) not be enforceable against point source
				dischargers until translated into effluent limitations that are incorporated in
				NPDES permits in accordance with this article.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-11.2 - Public notice of comment period and public meetings for site-specific modification of water quality criteria and values; an antidegradation demonstration; a water quality improvement project; an alternate mixing zone demonstration; a variance

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-15-4-1; IC 13-15-5-1; IC 13-18-4;
				  IC 13-18-7; IC 13-23-13; IC 13-24-1; IC 13-25-5
Sec. 11.2.
(a) This
				section is applicable to the following:
(1)
				Site-specific modification to water quality criteria under
				327 IAC
				2-1-8.9 and Tier I water quality criteria and Tier II
				water quality values under
				327
				IAC 2-1.5-16.
(2) An antidegradation demonstration under
				327 IAC
				2-1.3-5.
(3) A water quality improvement project under
				327
				IAC 2-1.3-7.
(4) An alternate mixing zone under section
				11.4(b)(4)(F) of this rule.
(5) A
				variance under
				327
				IAC 5-3-4.1(c).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-11.4 - Great Lakes system dischargers total maximum daily loads; wasteload allocations for point sources; load allocations for nonpoint sources; preliminary wasteload allocations

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4-7; IC 13-18-4-8
Sec. 11.4.
(a) This
				subsection applies to the establishment of TMDLs for all pollutants and
				pollutant parameters in the Great Lakes system. Where specified, the following
				conditions also apply to WLAs calculated in the absence of TMDLs and to
				preliminary WLAs:
(1) At a minimum, TMDLs
				shall be established in accordance with the listing and priority setting
				process established in Section 303(d) of the Clean Water Act (CWA) and at
				40
				CFR 130.7. Where water quality standards
				cannot be attained immediately, TMDLs must reflect reasonable assurances that
				water quality standards will be attained in a reasonable period of time. TMDLs
				may be based on attaining water quality standards over a period of time, with
				specific controls on individual sources being implemented in stages.
				Determining the reasonable period of time in which water quality standards will
				be met is a case-specific determination considering a number of factors,
				including, but not limited to, the following:
(A) Receiving water
				characteristics.
(B) Persistence,
				behavior, and ubiquity of pollutants of concern.
(C) Type of remediation activities
				necessary.
(D) Available regulatory
				and nonregulatory controls.
(E)
				Requirements for attainment of water quality standards.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-11.5 - Great Lakes system dischargers determination of reasonable potential to exceed water quality standards

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4
Sec. 11.5.
(a) If
				the commissioner determines that a pollutant or pollutant parameter (either
				conventional, nonconventional, a toxic substance, or whole effluent toxicity
				(WET)) is or may be discharged into the Great Lakes system at a level that will
				cause, have the reasonable potential to cause, or contribute to an excursion
				above any applicable narrative criterion or numeric water quality criterion or
				value under 327 IAC 2-1.5, the commissioner shall incorporate water
				quality-based effluent limitations (WQBELs) in an NPDES permit that will ensure
				compliance with the criterion or value. The commissioner shall exercise best
				professional judgment, taking into account the:
(1) source and nature of the
				discharge;
(2) existing controls on
				point and nonpoint sources of pollution;
(3) variability of the pollutant or pollutant
				parameter in the effluent; and
(4)
				where appropriate, dilution of the effluent in the receiving water.
In all cases, the commissioner shall use any valid, relevant,
				  representative information pertaining to the discharge of the pollutant.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-12 - Schedules of compliance

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4
Sec. 12.
(a) Where
				appropriate, permits shall contain schedules of compliance requiring the
				permittee to take specific steps to achieve expeditious compliance with
				applicable standards and limitations and other requirements, including water
				quality-based limitations and requirements in accordance with this section,
				except for schedules of compliance for water quality-based effluent limitations
				for discharges within the Great Lakes system that are governed under section
				12.1 of this rule. A schedule of compliance shall require compliance as soon as
				reasonably possible, but not later than the earlier of the following:
(1) An applicable statutory
				deadline.
(2) A deadline specified
				in a rule establishing applicable limitations, standards, or other
				requirements.
(3) If no statutory
				or regulatory deadline is expressly applicable, three (3) years from the date
				applicable standards, limitations, or other requirements are incorporated into
				the permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-12.1 - Great Lakes systems dischargers; schedules of compliance

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4
Sec. 12.1.
(a) When
				a permit issued to a new Great Lakes discharger contains a WQBEL, the permittee
				shall comply with such a limitation upon the commencement of the
				discharge.
(b) Any existing permit
				that is reissued or modified to contain a new or more restrictive WQBEL or a
				more restrictive limit of quantitation (LOQ) (when an LOQ is used as the
				compliance value for a WQBEL below an LOQ) may allow a reasonable period of
				time, up to five (5) years from the date of permit issuance or modification,
				for the permittee to comply with that limit in accordance with the following
				conditions:
(1) When the compliance schedule
				established under this subsection goes beyond the term of the permit, an
				interim permit limit effective upon the expiration date shall be included in
				the permit and addressed in the permit's fact sheet or statement of basis. The
				permit shall reflect the final limit and its compliance date.
(2) If a permit establishes a schedule of
				compliance under this subsection, which exceeds one (1) year from the date of
				permit issuance or modification, the schedule shall set forth interim
				requirements and dates for their achievement as follows:
(A) The time between such interim dates may
				not exceed one (1) year.
(B) If the
				time necessary for completion of any interim requirement is more than one (1)
				year and is not readily divisible into stages for completion, the permit shall
				require, at a minimum, specified dates for annual submission of progress
				reports on the status of any interim requirements.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-13 - Monitoring

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4
Sec. 13.
(a) To
				assure compliance with permit terms and conditions, all permittees shall
				monitor, as required in the permit, the following:
(1) The mass, concentration, or other
				measurement specified in sections 11, 11.1, and 11.6 of this rule for each
				pollutant specified in the permit.
(2) The volume of wastewater flow at
				monitoring points specified in the permit, including the final effluent flow
				from each point source.
(3) Other
				parameters and conditions as specifically required in the permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-14 - Recording of monitoring results

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC 13-11-2; IC
				  13-14-4-3;
				  IC 13-18-4
Sec. 14.
(a) Any
				permittee required to monitor under
				327 IAC 5-2-13 shall
				maintain records of all monitoring information and monitoring activities,
				including:
(1) the date, exact place, and
				time of sampling or measurements;
(2) the person or persons who performed the
				sampling or measurements;
(3) the
				date or dates analyses were performed;
(4) the person or persons who performed the
				analyses;
(5) the analytical
				techniques or methods used; and
(6)
				the results of such measurements and analyses.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-16 - Permit modification, revocation and reissuance, and termination

Current through July 10, 2024
Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC
				  13-7-10-1
Affected: IC 13-1-3; IC 13-7
Sec. 16.
(a) An
				issued permit may be modified, in whole or in part, revoked and reissued, or
				terminated during its term for cause as specified in this section. Such action
				may be taken at the commissioner's own initiative or upon the request of any
				interested person. If the commissioner determines that cause exists for
				modification or revocation and reissuance of a permit, an updated application
				or a pertinent portion of an application may be requested if needed to provide
				sufficient information to prepare the draft permit.
(b) Causes for modification, revocation and
				reissuance, or termination of a permit include the following:
(1) Violation of any term or condition of the
				permit.
(2) Failure of the
				permittee to disclose fully all relevant facts or misrepresentation of any
				relevant facts by the permittee in the application or during the permit
				issuance process.
(3) A change in
				any condition that requires either a temporary or a permanent reduction or
				elimination of any discharge controlled by the permit, e.g., plant closure,
				termination of discharge by connection to a POTW, a change in state law that
				requires the reduction or elimination of the discharge, or information
				indicating that the permitted discharge poses a substantial threat to human
				health or welfare.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-17 - New sources and new dischargers

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4
Sec. 17.
(a) A new
				source determination shall be made that construction of a new source has
				commenced if the owner or operator has:
(1)
				begun, or caused to begin as part of a continuous on-site construction program:
(A) any placement, assembly, or installation
				of facilities or equipment; or
(B)
				significant site preparation work including clearing, excavation, or removal of
				existing buildings, structures, or facilities which is necessary for the
				placement, assembly, or installation of new source facilities or equipment;
				or
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-18 - Basic NPDES requirements; public access to information

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 5-14-3; IC 13-14-11
Sec. 18.
(a) All:
(1) permit applications;
(2) effluent data;
(3) certifications issued under section 401
				of the CWA;
(4) public comments
				(including comments of all governmental agencies) submitted under
				327 IAC
				5-3-9 on a draft permit;
(5) general correspondence;
(6) permits (drafts and final);
(7) statements of basis (briefing memos);
				and
(8) fact sheets;
shall be available to the public for inspection and copying
				  at a reasonable charge without restriction.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-19 - Transmission of information to EPA

Current through July 10, 2024
Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC
				  13-7-10-1
Affected: IC 13-1-3; IC 13-7
Sec. 19.
(a) The
				commissioner shall transmit to the regional administrator copies of NPDES
				program forms and any other relevant information to the extent and in the
				manner agreed to in the memorandum of agreement between the commissioner and
				EPA.
(b) Any other information
				obtained or used pursuant to the state NPDES program shall be available to EPA
				upon request without restriction.
(c) Any information which has been submitted
				to the commissioner under a claim of confidentiality and is subsequently
				transmitted to EPA under subsections (a) or (b) will be subject to EPA
				regulations concerning business confidentiality (40 CFR Part 2).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-20 - Enforcement

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC 13-11-2; IC 13-14-10; IC
				  13-18-3-15;
				  IC 13-18-4; IC 13-30
Sec. 20.
(a) Any
				violation of this article:
(1) may subject
				the person causing or contributing to said violation to administrative or
				judicial enforcement proceedings, pursuant to IC 13-30;
(2) may be cause, pursuant to section 16 of
				this rule, for modification, revocation and reissuance, or termination of an
				NPDES permit; and
(3) may, in an
				appropriate case, warrant the invocation of emergency procedures provided in IC
				13-14-10.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-22 - Signatories to permit applications and reports

Current through July 10, 2024
Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC
				  13-7-10-1
Affected: IC 13-1-3; IC 13-7
Sec. 22.
(a) All
				permit applications shall be signed as follows:
(1) For a corporation by a responsible
				corporate officer. For purposes of this section, "a responsible corporate
				officer" means either of the following:
(A) A
				president, secretary, treasurer, any vice president of the corporation in
				charge of a principal business function, or any other person who performs
				similar policymaking or decision making functions for the
				corporation.
(B) The manager of one
				(1) or more manufacturing, production, or operating facilities provided the
				manager is authorized to make management decisions that govern the operation of
				the regulated facility including having the explicit or implicit duty to make
				major capital investment recommendations, and initiating and directing other
				comprehensive measures to assure long-term environmental compliance with
				environmental laws and regulations; the manager can ensure that the necessary
				systems are established or actions taken to gather complete and accurate
				information for permit application requirements; and where authority to sign
				documents has been assigned or delegated to the manager in accordance with
				corporate procedures.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2 - Basic NPDES Requirements › Section 2-23 - Primary industrial point source categories

Current through July 10, 2024
Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC
				  13-7-10-1
Affected: IC 13-1-3; IC 13-7
Sec. 23.
Primary industrial point source categories include the
				  following:
Adhesives
Aluminum Forming
Auto and Other Laundries
Battery Manufacturing
Coal Mining
Coil Coating
Copper Forming
Electric and Electronic Components
Electroplating
Explosives Manufacturing
Foundries
Gum and Wood Chemicals
Inorganic Chemicals
Iron & Steel
Leather Tanning and Finishing
Mechanical Products
Nonferrous Metals
Ore Mining
Organic Chemicals
Paint and Ink
Pesticides
Petroleum Refining
Pharmaceuticals
Photographic Supplies
Plastic and Synthetic Materials
Plastics Processing
Porcelain Enameling
Printing and Publishing
Pulp and Paper Mills
Rubber Processing
Soaps and Detergents
Steam Electric Power Plants
Textile Mills
Timber Products
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2.1 - Combined Sewer Overflow Public Notification › Section 2.1-2 - Applicability

Current through July 10, 2024
Authority: IC 13-14-1-5; IC 13-14-8; IC 13-14-9; IC
				  13-18-4-1
Affected: IC 13-18-3
Sec. 2.
This rule applies to a person:
(1) required to possess a National Pollutant
				Discharge Elimination System (NPDES) permit; and
(2) having one (1) or more combined sewer
				overflow outfalls into waters of the state; unless the person is required to
				comply with 40 CFR 122.38 *, as added by 83 FR 730*, and 327 IAC 5-2.2.
*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, Thirteenth Floor, 100 North Senate Avenue,
				  Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2.1 - Combined Sewer Overflow Public Notification › Section 2.1-3 - Definitions

Current through July 10, 2024
Authority: IC
				  13-14-1-5;
				  IC 13-14-8; IC
				  13-14-9; IC
				  13-18-4-1
Affected: IC
				  13-11-2-158;
				  IC
				  13-11-2-265;
				  IC 13-18-3
Sec. 3.
The following definitions apply throughout this rule:
(1) "Affected public" means those persons who
				may be exposed to waterborne pathogens through direct contact with or ingestion
				of water affected by a combined sewer overflow discharge and is limited to:
(A) residents on or adjacent to affected
				waters;
(B) public and private
				schools on or adjacent to affected waters;
(C) owners or operators of facilities that
				provide access to or recreational opportunities in or on affected waters;
				and
(D) owners or operators of
				public drinking water systems with surface intakes in or on affected
				waters.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2.1 - Combined Sewer Overflow Public Notification › Section 2.1-4 - CSO notification procedure

Current through July 10, 2024
Authority: IC
				  13-14-1-5;
				  IC 13-14-8; IC
				  13-14-9; IC
				  13-18-4-1
Affected: IC
				  13-18-3
Sec. 4.
(a) A CSO
				community shall:
(1) develop a CSO
				notification procedure that meets the requirements of this rule; and
(2) incorporate the CSO notification
				procedure into its CSO operational plan.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2.1 - Combined Sewer Overflow Public Notification › Section 2.1-5 - Notification

Current through July 10, 2024
Authority: IC
				  13-14-1-5;
				  IC 13-14-8; IC
				  13-14-9; IC
				  13-18-4-1
Affected: IC
				  13-18-3
Sec. 5.
(a) A CSO
				community shall provide notification to:
(1)
				affected public;
(2) other persons
				within the CSO community who request to be notified in response to the public
				notice required by section 6(a)(1) of this rule; and
(3) local health departments and drinking
				water suppliers having surface water intakes located within ten (10) river
				miles downstream of each CSO outfall experiencing or about to experience a CSO
				discharge.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2.1 - Combined Sewer Overflow Public Notification › Section 2.1-6 - Community notification methods

Current through July 10, 2024
Authority: IC
				  13-14-1-5;
				  IC 13-14-8; IC
				  13-14-9; IC
				  13-18-4-1
Affected: IC
				  13-18-3
Sec. 6.
(a) A CSO
				community shall do the following unless alternative procedures are identified
				by the community that are equivalently effective:
(1) Provide public notice in a newspaper of
				general circulation in March of each year to allow the following to request
				receipt of CSO notification:
(A) Media
				sources, such as newspapers, television, or radio.
(B) Affected public.
(C) Other interested persons in the CSO
				community.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2.1 - Combined Sewer Overflow Public Notification › Section 2.1-7 - Record keeping and reporting

Current through July 10, 2024
Authority: IC
				  13-14-1-5;
				  IC 13-14-8; IC
				  13-14-9; IC
				  13-18-4-1
Affected: IC
				  13-18-3
Sec. 7.
(a) A CSO
				community shall document its public notification efforts on its monthly CSO
				discharge monitoring report (DMR).
(b) A CSO community shall maintain a record
				of reports submitted according to subsection (a) that is:
(1) kept at the wastewater treatment plant;
				and
(2) available to the
				commissioner's representatives during the department's normal working hours.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2.2 - Public Notification Requirements for Combined Sewer Overflows to the Great Lakes Basin › Section 2.2-1 - Applicability

Current through July 10, 2024
Authority: IC 13-13-5; IC 13-14-8; IC 13-18-3; IC 13-18-16-8;
				  IC 13-18-16-9
Affected: IC 13-18-2; IC 13-18-16
Sec. 1.
(a) The
				requirements of this rule and 40 CFR 122.38 * apply to a permittee authorized
				to discharge a combined sewer overflow to the Great Lakes Basin.
(b) A permittee described under subsection
				(a) must comply with the requirements of this rule and 40 CFR 122.38 * for both
				authorized and unauthorized CSO outfalls listed in the permit.
(c) A reference to a provision of the Code of
				Federal Regulations (CFR) means the July 1, 2018, edition.
*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, Thirteenth Floor, 100 North Senate Avenue,
				  Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 2.2 - Public Notification Requirements for Combined Sewer Overflows to the Great Lakes Basin › Section 2.2-2 - Definitions

Current through July 10, 2024
Authority: IC 13-13-5; IC 13-14-8; IC 13-18-3; IC 13-18-16-8;
				  IC 13-18-16-9
Affected: IC 13-18-2; IC 13-18-16
Sec. 2.
When used in 40 CFR 122.38 *, the following definitions
				  apply:
(1) "Combined sewer overflow"
				or "CSO" means a discharge from a combined sewer system (CSS) at a point prior
				to the publicly owned treatment works (POTW) treatment plant, as defined at
				40
				CFR 403.3(r) * and
				327 IAC
				5-1.5-43.
(2) "Combined sewer system" or "CSS" means a
				wastewater collection system owned by a state or municipality, as defined by
				Section 502(4) of the Clean Water Act, that conveys sanitary wastewaters
				(domestic, commercial, and industrial wastewater) and stormwater through a
				single-pipe system to a POTW treatment plant, as defined at
				40
				CFR 403.3(r) * and
				327 IAC
				5-1.5-43.
(3) "Great Lakes Basin" means the waters
				defined as "Great Lakes" and "Great Lakes System" as defined in
				40
				CFR 132.2 *. *These documents are
				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, Thirteenth Floor, 100
				North Senate Avenue, Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-1 - Purpose

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-3
Affected: IC 13-18
Sec. 1.
This rule ( 327 IAC 5-3 ) prescribes procedures for the
				  issuance of NPDES permits by the commissioner. For purposes of this rule ( 327
				  IAC 5-3 ), "issuance" includes the issuance, denial, modification, revocation
				  and reissuance, or termination of an NPDES permit. The respective roles of the
				  agency and EPA in the issuance of permits are defined to the extent necessary
				  for clarification. Generally, the issuance of an NPDES permit involves the
				  following steps:
(1) the preparation
				and submission of an application by the person proposing a discharge;
(2) the preparation of a draft permit by the
				commissioner;
(3) the establishment
				of a public comment period during which the public may comment on the draft
				permit;
(4) after, or concurrent
				with, consideration of public comment, the submission by the commissioner of a
				proposed permit to EPA for concurrence where necessary;
(5) the issuance of a permit; and
(6) the conducting of an adjudicatory
				hearing, when properly requested, on objections to the permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-2 - Application requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC 13-16;
				  IC 13-18-3
Affected: IC 13-18
Sec. 2.
(a) A person
				currently discharging pollutants under an existing NPDES permit shall submit a
				new application as follows:
(1) Under
				subsection (b) where facility expansions, production increases, or process
				modifications will:
(A) result in new or
				substantially increased discharges of pollutants or a change in the nature of
				the discharge of pollutants; or
(B)
				violate the terms and conditions of the existing permit.