reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 6.1 - Spills; Reporting, Containment, and Response › Section 6.1-7 - Reportable spills; responsibilities

Current through July 10, 2024
Authority: IC
				  13-14-8-7
Affected: IC
				  13-11-2; IC
				  13-18-1; IC
				  13-18-3; IC
				  13-18-8; IC
				  13-18-17
Sec. 7.
Any person who operates, controls, or maintains any mode of
				  transportation or facility from which a spill occurs shall, upon discovery of a
				  reportable spill to the soil or surface waters of the state, do the
				  following:
(1) Contain the spill, if
				possible, to prevent additional spilled material from entering the waters of
				the state.
(2) Undertake or cause
				others to undertake activities needed to accomplish a spill response.
(3) As soon as possible, but within two (2)
				hours of discovery, communicate a spill report to the Department of
				Environmental Management, Office of Land Quality, Emergency Response Section:
				Area Code 1-888-233-7745 for in-state calls
				(toll free), (317) 233-7745 for out-of-state calls. If new or updated spill
				report information becomes known that indicates a significant increase in the
				likelihood of damage to the waters of the state, the responsible party shall
				notify the department as soon as possible but within two (2) hours of the time
				the new or updated information becomes known.
(4) Submit to the Indiana Department of
				Environmental Management, Office of Land Quality, Emergency Response Section
				(MC 66-30), 2525 N. Shadeland Ave., Suite 100, Indianapolis, IN 46219-1787, a
				written copy of the spill report if requested in writing by the department.
(5) Except from modes of
				transportation other than pipelines, exercise due diligence and document
				attempts to notify the following:
(A) For
				spills to surface water that cause damage, the nearest affected downstream
				water user located within ten (10) miles of the spill and in the state of
				Indiana; and
(B) For spills to soil
				outside the facility boundary, the affected property owner or owners, operator
				or operators, or occupant or occupants.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 6.1 - Spills; Reporting, Containment, and Response › Section 6.1-8 - Emergency spill response actions

Current through July 10, 2024
Authority: IC
				  13-14-8-7
Affected: IC
				  13-11-2; IC
				  13-18-1; IC
				  13-18-3; IC
				  13-18-8; IC
				  13-18-17
Sec. 8.
Notwithstanding any other section of this rule, emergency
				  spill response actions take precedence over reporting requirements, and when
				  emergency spill response activities render spill reporting inconsistent with
				  effective response activities, communication of the spill report to the Indiana
				  department of environmental management may be delayed. In situations where the
				  spill report is delayed, the burden of proving the need for the delay shall be
				  upon the responsible person.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 6.1 - Spills; Reporting, Containment, and Response › Section 6.1-9 - Compliance confirmation

Current through July 10, 2024
Authority: IC
				  13-14-8-7
Affected: IC
				  13-11-2; IC
				  13-18-1; IC
				  13-18-3; IC
				  13-18-8; IC
				  13-18-17
Sec. 9.
When spill reporting and response, as provided for in this
				  rule, has occurred, the department shall, upon request, issue a letter
				  confirming compliance with this rule and stating that no further action is
				  required under this rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 10 - Secondary Containment of Aboveground Storage Tanks Containing Hazardous Materials › Section 10-1 - Purpose

Current through July 10, 2024
Authority: IC
				  13-18-5
Affected: IC
				  13-11-2
Sec. 1.
(a) This
				rule provides the requirements for secondary containment structures and spill
				response plans for the purpose of preventing released hazardous materials from
				entering surface water or ground water at facilities storing liquid hazardous
				materials in an aboveground storage tank or storage area, or operating a
				transfer area.
(b) The intent of
				this rule is to provide for short term containment of discharges.
(c) This rule does not reduce or replace the
				secondary containment requirements found in other regulations or laws.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 10 - Secondary Containment of Aboveground Storage Tanks Containing Hazardous Materials › Section 10-2 - Applicability

Current through July 10, 2024
Authority: IC
				  13-18-5
Affected: IC
				  13-11-2
Sec. 2.
(a) The
				secondary containment requirements of this rule apply to owners or operators of
				a facility storing liquid hazardous materials in an aboveground storage tank or
				storage area, or operating a transfer area for liquid hazardous materials as
				defined in section 4 of this rule, if the aboveground tank, storage area, or
				transfer area is constructed after the effective date of this rule and
				includes:
(1) construction activities
				scheduled after the effective date of this rule; or
(2) construction activities scheduled before
				the effective date of this rule only when physical construction did not begin
				within ninety (90) days after the effective date of this rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 10 - Secondary Containment of Aboveground Storage Tanks Containing Hazardous Materials › Section 10-3 - Exclusions

Current through July 10, 2024
Authority: IC 13-18-5
Affected: IC 13-11-2-160; IC 13-11-2-241; IC 13-23; IC
				  13-24
Sec. 3.
(a) The
				requirements of this rule do not apply to the following:
(1) An aboveground storage tank, storage
				areas, or transfer areas for agricultural chemicals regulated by the office of
				the Indiana state chemist under 355 IAC 2 and 355 IAC 5.
(2) An aboveground storage tank, storage
				areas, or transfer areas regulated by the Indiana fire prevention and building
				safety commission pursuant to 675 IAC 22.
(3) An aboveground storage tank or storage
				areas containing liquids which are solids or gases above sixty (60) degrees
				Fahrenheit and at atmospheric pressure.
(4) An aboveground storage system or
				petroleum facility and other structures, equipment, and appurtenances thereto,
				used or capable of being used to store or transfer oil as defined in and
				regulated by 40 CFR 112 * or petroleum as defined in IC 13-11-2-160.
(5) Underground storage tanks as defined in
				IC 13-11-2-241.
(6) Hazardous
				materials that are stored or transferred as products packaged for distribution
				to, and used by, the public.
(7)
				Aboveground storage tanks, storage areas, and transfer areas containing
				hazardous waste regulated under 329 IAC 3.1 and
				42 U.S.C.
				6991 through
				6991(i)
				*.
(8) Machinery and equipment
				containing integral operating fluids, provided that these fluids are necessary
				for the proper operation of the equipment.
(9) Process tanks.
(10) Piping, with the exception of any
				segment of piping extending from an aboveground storage tank to the point of
				the first fitting.
(11) Aboveground
				storage tanks used to store materials other than oils or petroleum products
				that:
(A) have a capacity of not more than
				six hundred sixty (660) gallons and are not in a delineated wellhead protection
				area as approved by the department under 327 IAC 8-4.1; or
(B) are less than two hundred seventy-five
				(275) gallons if at a facility that has been notified in writing by a water
				utility that it is located in a delineated public water supply wellhead
				protection area as approved by the department under 327 IAC 8-4.1.
(12) Storage areas in which the
				drums and portable containers are considered empty of liquid hazardous
				materials if the standards set forth in
				40 CFR
				261.7 * are met.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 10 - Secondary Containment of Aboveground Storage Tanks Containing Hazardous Materials › Section 10-5 - Storage inside a building

Current through July 10, 2024
Authority: IC
				  13-18-5
Affected: IC
				  13-11-2
Sec. 5.
Aboveground storage tanks or storage areas containing
				  hazardous materials that are located inside a building must have a floor
				  compatible with the material being stored and a system to prevent or impede a
				  spill from entering waters of the state.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 10 - Secondary Containment of Aboveground Storage Tanks Containing Hazardous Materials › Section 10-6 - Storage outside a building

Current through July 10, 2024
Authority: IC
				  13-18-5
Affected: IC
				  13-11-2
Sec. 6.
(a)
				Aboveground storage tanks or storage areas containing hazardous materials that
				are located outside a building must have secondary containment.
(b) Secondary containment must be designed
				and constructed consistent with current engineering standards with materials
				that are compatible with the hazardous materials being stored and which will
				prevent a release from entering waters of the state for a seventy-two (72) hour
				period. The design requirements of secondary containment must be met in one (1)
				of the following ways:
(1) A secondary
				containment area with dikes, berms, retaining walls, or trenches, and a floor
				that must cover the entire area within the dikes, berms, retaining walls, or
				trenches.
(2) A tank designed and
				built with an outer shell and an interstitial space between the tank wall and
				the outer shell that allows for monitoring.
(3) Diversionary systems that direct the
				discharges to treatment or temporary holding areas.
(4) Other methods approved by the
				commissioner that have been demonstrated to be equally protective of human
				health and the environment.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 10 - Secondary Containment of Aboveground Storage Tanks Containing Hazardous Materials › Section 10-7 - Hazardous materials transfer area

Current through July 10, 2024
Authority: IC
				  13-18-5
Affected: IC
				  13-11-2
Sec. 7.
(a) A
				hazardous materials transfer area must be designed and constructed consistent
				with current engineering standards with materials that are compatible with the
				hazardous materials being stored, and that will prevent a release from entering
				waters of the state for a seventy-two (72) hour period during loading and
				unloading of a tank as follows:
(1) A
				hazardous materials transfer area must:
(A)
				contain a minimum of the volume of the hazardous material that could be pumped
				during one (1) minute of transfer operation; or
(B) direct the minimum volume of the
				hazardous material that could be pumped during one (1) minute of transfer
				operation to a diversionary system that treats or temporarily stores the
				hazardous material.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 10 - Secondary Containment of Aboveground Storage Tanks Containing Hazardous Materials › Section 10-8 - Spill response plan

Current through July 10, 2024
Authority: IC
				  13-18-5
Affected: IC
				  13-11-2
Sec. 8.
(a) The
				owner or operator of each facility with an aboveground storage tank, storage
				area, or transfer area subject to this rule must be prepared to prevent and
				control pollution that could result from an aboveground storage tank, storage
				area, or transfer area discharge or spill.
(b) Within twelve (12) months of the
				effective date of this rule, the owner or operator of each facility with an
				aboveground storage tank, storage area, or transfer area subject to this rule
				shall prepare a response plan for the facility. The response plan must be
				available for inspection at the facility and, if requested in writing by the
				department, submitted to the Indiana Department of Environmental Management,
				Office of Land Quality, 100 North Senate Avenue, Indianapolis, Indiana 46204,
				Attention: Emergency Response. The response plan must provide, at a minimum,
				the following information:
(1) The name and
				telephone number of the contact person responsible for the facility.
(2) A description of the procedures that will
				be taken to provide an immediate response to a discharge or spill, including
				the identification of facility response personnel who will implement a response
				action.
(3) The identification of
				facility personnel or outside contractor who are
[sic., is]
capable of cleaning up the discharge or spill.
(4) A method for determining the location of
				storm sewers that reasonably may be expected to be affected by a
				spill.
(5) The telephone numbers of
				the following:
(A) The facility emergency
				response personnel or outside contractor.
(B) The local fire department.
(C) The Indiana department of environmental
				management at
				1-888-233-7745 (in-state, toll
				free) or 317-233-7745.
(D) The community emergency coordinator
				designated by the local emergency planning committee.
(E) The National Response Center at
				1-800-424-8802.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 11 - Ground Water Quality Standards › Section 11-1 - Goal

Current through July 10, 2024
Authority: IC
				  13-18-3-1; IC
				  13-18-4-1;
				  IC
				  13-18-4-3;
				  IC
				  13-18-4-4;
				  IC
				  13-18-4-5;
				  IC
				  13-18-17-5
Affected: IC 13-18-4; IC 13-18-17
Sec. 1.
The goal of this rule is to maintain and protect the quality
				  of Indiana's ground water and ensure that exposure to the ground water will not
				  pose a threat to human health, any natural resource, or the
				  environment.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 11 - Ground Water Quality Standards › Section 11-2 - Applicability

Current through July 10, 2024
Authority: IC
				  13-18-3-1; IC
				  13-18-4-1;
				  IC
				  13-18-4-3;
				  IC
				  13-18-4-4;
				  IC
				  13-18-4-5;
				  IC
				  13-18-17-5
Affected: IC 4-22-2; IC 13-18-4; IC 13-18-17; IC 13-22; IC
				  13-23; IC 13-24; IC 13-25-4; IC
				  13-25-5-8.5;
				  IC 13-30
Sec. 2.
(a) The
				following agencies shall adopt rules under IC 4-22-2 to apply the standards
				established in this rule to the facilities, practices, and activities they
				regulate:
(1) The department of environmental
				management.
(2) The department of
				natural resources.
(3) The Indiana
				state department of health.
(4) The
				state chemist of the state of Indiana.
(5) The office of the state fire
				marshal.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 11 - Ground Water Quality Standards › Section 11-3 - Definitions

Current through July 10, 2024
Authority: IC 13-18-3-1; IC 13-18-4-1; IC 13-18-4-3; IC
				  13-18-4-4; IC 13-18-4-5; IC 13-18-17-5
Affected: IC 13-11-2-71; IC 13-18-4; IC 13-18-17; IC
				  14-34
Sec. 3.
The following definitions apply throughout this rule:
(1) "Agency" means one (1) or more of the
				following:
(A) The department of environmental
				management.
(B) The department of
				natural resources.
(C) The Indiana
				state department of health.
(D) The
				state chemist of the state of Indiana.
(E) The office of the state fire
				marshal.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 11 - Ground Water Quality Standards › Section 11-4 - Ground water classification plan

Current through July 10, 2024
Authority: IC 13-18-3-1; IC 13-18-4-1; IC 13-18-4-3; IC
				  13-18-4-4; IC 13-18-4-5; IC 13-18-17-5
Affected: IC 4-22-2; IC 13-11-2-82; IC 13-18-4; IC 13-18-17;
				  IC 14-34-4-7; IC 14-34-6; IC 14-37
Sec. 4.
(a) All
				ground water shall be classified, under rules adopted under IC 4-22-2 that
				apply the standards established in this rule, to determine the appropriate
				narrative and numeric criteria and level of protection to be applied to ground
				water.
(b) Ground water shall be
				classified as drinking water class ground water unless it is classified as:
(1) limited class ground water under
				subsection (c), (d), (e), or (f); or
(2) impaired drinking water class ground
				water under subsection (g) or (h).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 11 - Ground Water Quality Standards › Section 11-5 - Criteria for all ground water

Current through July 10, 2024
Authority: IC
				  13-18-3-1; IC
				  13-18-4-1;
				  IC
				  13-18-4-3;
				  IC
				  13-18-4-4;
				  IC
				  13-18-4-5;
				  IC
				  13-18-17-5
Affected: IC 13-18-4; IC 13-18-17
Sec. 5.
Each class of ground water described in section 4 of this
				  rule shall meet the following protective criteria:
(1) Ground water quality shall be maintained,
				at a minimum, to protect the current and reasonably expected future use of the
				ground water.
(2) Ground water
				shall be maintained and protected to ensure that a contaminant concentration
				attributable to human activity does not increase in a drinking water
				well.
(3) For waters of the state,
				surface water quality standards shall be met in the surface water at the ground
				water-surface water interface.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 11 - Ground Water Quality Standards › Section 11-7 - Criteria for limited class ground water

Current through July 10, 2024
Authority: IC
				  13-18-3-1; IC
				  13-18-4-1;
				  IC
				  13-18-4-3;
				  IC
				  13-18-4-4;
				  IC
				  13-18-4-5;
				  IC
				  13-18-17-5
Affected: IC 13-18-4; IC 13-18-17
Sec. 7.
(a) Limited
				class ground water, classified according to section 4(c) of this rule, must
				meet the narrative criteria established in section 5 of this rule.
(b) Limited class ground water, classified
				according to section 4(d) of this rule, must meet the following requirements:
(1) A contaminant attributable to activities
				associated with coal mining, not including the disposal of coal combustion
				waste at a surface coal mine under IC 14-34, must meet the greater of the
				following:
(A) The existing contaminant
				concentration.
(B) The numeric
				criterion established in section 6(a) of this rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 11 - Ground Water Quality Standards › Section 11-8 - Criteria for impaired drinking water class ground water

Current through July 10, 2024
Authority: IC
				  13-18-3-1; IC
				  13-18-4-1;
				  IC
				  13-18-4-3;
				  IC
				  13-18-4-4;
				  IC
				  13-18-4-5;
				  IC
				  13-18-17-5
Affected: IC 13-18-4; IC 13-18-17
Sec. 8.
Impaired drinking water class ground water, classified
				  according to section 4(g) or 4(h) of this rule, shall meet the following
				  requirements:
(1) A contaminant not
				identified in the classification as being in excess of the numeric criterion of
				section 6(a) or 6(d) of this rule shall meet the numeric criterion established
				in section 6(a) or 6(d) of this rule.
(2) A contaminant identified in the
				classification as being in excess of the numeric criterion established in
				section 6(a) or 6(d) of this rule shall meet the existing contaminant
				concentration if it is greater than the numeric criterion established in
				section 6(a) or 6(d) of this rule and results from a source of contamination
				that:
(A) was from a previously unregulated
				facility, practice, or activity;
(B) was discovered after those who caused the
				contamination abandoned the site and those who caused the contamination cannot
				be found; or
(C) cannot be
				identified due to the nature of the specific constituent.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 11 - Ground Water Quality Standards › Section 11-9 - Ground water management zones

Current through July 10, 2024
Authority: IC
				  13-18-3-1; IC
				  13-18-4-1;
				  IC
				  13-18-4-3;
				  IC
				  13-18-4-4;
				  IC
				  13-18-4-5;
				  IC
				  13-18-17-5
Affected: IC 4-22-2; IC 13-18-4; IC 13-18-17
Sec. 9.
(a) The
				criteria established in sections 5, 6, 7, and 8 of this rule must be met at and
				beyond the boundary of the ground water management zone.
(b) An agency, having jurisdiction over a
				facility, practice, or activity that is subject to the criteria of this rule,
				may establish an appropriate program specific or site specific three (3)
				dimensional ground water management zone and shall determine its boundary
				location and duration considering the following factors:
(1) Regulatory program
				requirements.
(2) Design
				standards.
(3) Monitoring
				frameworks.
(4) Hydrogeologic
				conditions.
(5) Risks of human
				exposure.
(6) Impacts to any
				natural resource and the environment.
(7) Property controls.
(8) Physical and chemical properties of
				potential contaminants.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 1 - General Provisions › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC
				  13-14-8; IC 13-15; IC
				  13-18-3
Affected: IC
				  13-14-8-7; IC
				  13-15; IC 13-18-12; IC
				  13-30-2-1
Sec. 1.
This article (327 IAC 3) prescribes definitions, policies,
				  procedures, and technical criteria for the following programs: the issuance of
				  permits for the construction of water pollution treatment/control facilities;
				  agency approval of completed construction prior to use; the issuance of permits
				  for the operation of water pollution treatment/control facilities; and
				  miscellaneous administrative provisions.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 2 - State Permits for Construction › Section 2-1.5 - Valid permit requirement

Current through July 10, 2024
Authority: 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
				  13-18-2
Sec. 1.5.
No person shall cause or allow the construction,
				  installation, or modification of any water pollution treatment/control facility
				  or sanitary sewer without a valid construction permit issued by the
				  commissioner.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 2 - State Permits for Construction › Section 2-2.5 - Preventing conflict of interest

Current through July 10, 2024
Authority: IC
				  13-13-5; IC
				  13-14-8; IC
				  13-14-9; IC
				  13-15-1-2; IC
				  13-15-2-1; IC
				  13-18-2
Affected: IC
				  13-11-2; IC 13-15; IC 13-18
Sec. 2.5.
(a) An
				application, plan, or specification submitted for construction permit approval
				shall not be prepared or certified, partially or entirely, by the same person,
				firm, or organization that has permit review and issuance authority unless in
				accordance with subsection (b).
(b)
				An application, plan, or specification submitted for construction permit
				approval may be prepared or certified by noncontracted personnel of a unit if
				the following conditions are met:
(1) The
				unit has permit review and issuance authority.
(2) The unit owns and operates the receiving
				water pollution treatment/control facility where the wastewater from the
				proposed sanitary sewer project will be treated or
				controlled.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 2 - State Permits for Construction › Section 2-3.5 - Conditions of approval

Current through July 10, 2024
Authority: 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 13-18-2
Sec. 3.5.
(a) The
				permit may specify expiration dates by which the construction must be started
				and completed, which dates shall be compatible with any federal or state, or
				both, grants or grant funds impacted. The commissioner may grant an extension
				of time for start and completion of construction if the commissioner believes
				the extension is necessary and justified.
(b) The commissioner shall have the authority
				to specify the limits and conditions necessary to ensure proper design and ease
				of operation of water pollution treatment/control facilities.
(c) Sanitary sewers that have been issued
				construction permits shall be tested for infiltration/exfiltration in a method
				approved by the commissioner. All force mains shall be tested for leakage in an
				approved method. Results of the infiltration/exfiltration test for sanitary
				sewers and leakage test for force mains shall be submitted for approval within
				ninety (90) days of completion of construction. Failure to submit test results
				within the allotted time period or failure to meet guidelines for
				infiltration/inflow and leakage would be subject to enforcement proceedings as
				provided by
				327 IAC 3-5-3.
(d) Sanitary sewers that are flexible in type
				and that are issued construction permits shall be tested for vertical
				deflection. The tests shall be conducted after the final backfill has been in
				place at least thirty (30) days. No flexible sewer shall exceed a vertical
				deflection of five percent (5%).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 2 - State Permits for Construction › Section 2-4 - Exclusions

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 13-18-3-1; IC 13-18-4-1
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-2; IC
				  14-37
Sec. 4.
A construction permit shall not be required under this
				  article for the following:
(1) A storm
				sewer that transports only surface run-off.
(2) Construction of a house connection for a
				single-family dwelling or residence.
(3) Construction of a building connection for
				a multiunit residence building, commercial, manufacturing, or industrial
				building, provided that no toxic or other pollutants that are incompatible with
				the publicly-owned treatment works and collection system are present in the
				wastewater served by the sewer or that are incapable of being treated to an
				acceptable quality.
(4) All
				residential on-site wastewater disposal facilities subject to
				410 IAC 6-8.1 governing the
				construction, installation, and modification of residential on-site wastewater
				disposal facilities.
(5) All
				commercial on-site wastewater disposal facilities subject to
				410 IAC 6-10 governing the
				construction, installation, and modification of commercial on-site wastewater
				disposal facilities.
(6) Any animal
				confinement operation, whether or not it is a confined feeding
				operation.
(7) On-site storage
				lagoons at land application sites that are governed under 327 IAC
				6.1.
(8) Ground water remediation
				systems utilizing either carbon absorption or air stripping as the mode of
				treatment.
(9) Wells for the
				disposal of salt or sulfur-bearing water and waste liquids if such disposal is
				pursuant to a valid permit issued by the following:
(A) The Indiana natural resources commission
				under IC 14-37 for Class II wells as described in
				40 CFR
				146.
(B) The United States Environmental
				Protection Agency for Class I, Class III, Class IV, and Class V wells as
				described in 40 CFR
				146.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 2 - State Permits for Construction › Section 2-5.5 - Nonsite-specific permit

Current through July 10, 2024
Authority: 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
				  13-18-2
Sec. 5.5.
The commissioner may grant a nonsite-specific construction
				  permit for the following category of discharger: Short term drainage/sediment
				  control lagoons.
(1) Said lagoons are
				those constructed according to approved general plans and specifications;
				however, the specific site location changes with time.
(2) Any request for issuance of such a
				nonsite-specific, ongoing construction permit shall be made by the applicant in
				conjunction with the application information presented in section 2 of this
				rule.
(3) It shall be the
				responsibility of the recipient of such a permit to notify the commissioner
				each time of a change in location of the permitted facility.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 2 - State Permits for Construction › Section 2-6 - Construction setback distances

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
				  13-18-3-1; IC
				  13-18-4-1
Affected: IC
				  13-11-2; IC
				  13-13-5-1; IC
				  13-18-2
Sec. 6.
(a) Setback
				distances for new wastewater treatment sites must comply with the following:
(1) No less than five hundred (500) feet
				shall separate a water pollution treatment/control facility, including aerated
				lagoon systems, from a dwelling, unless that dwelling is an office owned,
				occupied by, and located on the property of the owners of the water pollution
				treatment/control facility, as measured from the outside edge of the equipment
				involved with the treatment/control of water pollution to the outside edge of
				the dwelling.
(2) No less than
				one-fourth (¼) of a mile shall separate a nonaerated facultative
				treatment lagoon from a dwelling, unless that dwelling is an office owned,
				occupied by, and located on the property of the owners of the nonaerated
				facultative treatment lagoon, as measured from the outside edge of the
				nonaerated facultative treatment lagoon to the outside edge of the
				dwelling.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 2.1 - Permitting Authority of Units for Sanitary Sewer Construction › Section 2.1-1 - Definitions

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
				  13-18-3-1; IC
				  13-18-3-12;
				  IC
				  13-18-4-1
Affected: IC
				  13-11-2; IC
				  13-13-5-1;
				  IC 13-18-2; IC 25-31; IC
				  36-1-2-23
Sec. 1.
In addition to the applicable definitions contained in IC
				  13-11-2, the following definitions
				  apply throughout this rule:
(1)
				"Professional engineer" means a person registered as a professional engineer by
				the Indiana state board of registration for professional engineers under IC
				25-31.
(2) "Qualified engineer"
				means a person with a bachelor of science degree in engineering from an
				accredited college or university program or a professional engineer as defined
				in subdivision (1).
(3) "Sanitary
				sewer" means a sewer that conveys liquid and water-carried wastes from
				residences, commercial buildings, industrial plants, and institutions and to
				which storm, surface, and ground waters are not intentionally allowed to
				enter.
(4) "Storm water" means
				water resulting from rain, melting or melted snow, hail, or sleet.
(5) "Unit" means county, municipality, or
				township as set forth in IC
				36-1-2-23.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 2.1 - Permitting Authority of Units for Sanitary Sewer Construction › Section 2.1-3 - Permitting authority and responsibilities

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 13-18-3-1; IC 13-18-3-12; IC 13-18-4-1
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-2
Sec. 3.
(a) The
				plans for a sanitary sewer extension are not required to be submitted to any
				state agency for a permit, permission, or review, unless required by federal
				law, if the following are met:
(1) A person
				submits plans to a unit concerning the design or construction of a sanitary
				sewer.
(2) A professional engineer
				prepared the plans.
(3) The unit
				provided a review of the plans by a qualified engineer and subsequently
				approved the plans.
(4) All other
				requirements specified in this rule and all other rules adopted by the board
				are met.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 3 - Approval of Completed Construction › Section 3-1 - Requirement to submit as-built plans

Current through July 10, 2024
Authority: IC
				  13-14-8; IC 13-15; IC
				  13-18-3
Affected: IC 13-15; IC
				  13-18-12; IC
				  13-30-2-1
Sec. 1.
If the commissioner determines it is necessary to review the
				  as-built plans for a project requiring a construction permit, the applicant
				  shall submit those plans upon request. The commissioner shall approve or
				  disapprove those plans not more than thirty (30) days after they have been
				  submitted.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 4 - Operational Permits; Facilities not Covered by Other Permit Programs › Section 4-1 - Purpose

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15; IC 13-18-3
Affected: IC 13-14-8-7; IC 13-15; IC 13-18-12; IC
				  13-30-2-1
Sec. 1.
The purpose of this rule ( 327 IAC 3-4 ) is to define the
				  applicability of permits for the operation of water pollution control
				  facilities, to specify criteria for establishing terms and conditions of such
				  permits, and to specify procedures for the issuance of such permits.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 4 - Operational Permits; Facilities not Covered by Other Permit Programs › Section 4-2 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15; IC 13-18-3
Affected: IC 13-15; IC 13-18-12; IC 13-30-2-1
Sec. 2.
(a) Any
				person who owns or operates a water pollution treatment/control facility which
				is not subject to the NPDES permit program ( 327 IAC 5-1 through 327 IAC 5-10 )
				or the industrial waste pretreatment permit program ( 327 IAC 5-15 ) may be
				required, at the commissioner's discretion, to obtain a permit to operate the
				water pollution control facility. Generally, such permits will be required only
				where the operation of the facility is considered by the commissioner to pose a
				significant threat to the environment.
(b) A permit is not required under this rule
				( 327 IAC 3-4 ) for the discharge, by underground injection, of salt or
				sulfur-bearing water and waste liquids associated with the recovery of oil and
				natural gas, if the discharge is pursuant to a valid permit issued under IC
				13-4-7-12
[Repealed by
				P.L. 109-1988, SECTION 23.]
.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 4 - Operational Permits; Facilities not Covered by Other Permit Programs › Section 4-3 - Terms and conditions of operation permits

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15; IC 13-18-3
Affected: IC 13-15; IC 13-18-12; IC 13-30-2-1
Sec. 3.
A permit issued under this rule ( 327 IAC 3-4 ) shall
				  contain such terms and conditions as the commissioner determines necessary to
				  assure that the water pollution control facility will be operated in such a
				  manner that any pollutants released or threatened to be released by the
				  facility into the environment will not cause or contribute to violations of
				  applicable water quality standards, or otherwise cause a significant adverse
				  impact on the environment or the public health.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 4 - Operational Permits; Facilities not Covered by Other Permit Programs › Section 4-4 - Procedures for issuance of operation permits

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15; IC 13-18-3
Affected: IC 13-15; IC 13-18-12; IC 13-30-2-1
Sec. 4.
(a) Whenever
				the commissioner determines that a permit should be required under this rule (
				327 IAC 3-4 ) the commissioner shall notify the owner, or operator if different
				from the owner, in writing, of that determination and the reasons underlying it
				and shall include an application form with such notice. The owner or operator
				must complete the application and return it to the commissioner within sixty
				(60) days of such notice.
(b)
									327 IAC
				5-3-2,
				327
				IAC 5-3-3,
				327 IAC
				5-3-6,
				327 IAC 5-3-7,
				327 IAC
				5-3-14,
				327 IAC
				5-3-15, and
				327 IAC 5-3-16
				shall apply to the issuance of an operation permit under this rule.
(c) Prior to issuance of a permit, the permit
				applicant and any interested person shall be supplied with a notice containing
				the information specified in
				327
				IAC 5-3-12(c)  and a copy of the
				statement of basis and shall be allowed a 30-day period to comment on the draft
				permit. Comments received by the commissioner during this period will be duly
				considered in his final determination on the issuance of the permit. For
				purposes of this section, a person may express his interest by specifically
				requesting the notice and statement of basis for a particular draft permit or
				by requesting to be placed on a mailing list for receipt of such information on
				all operation permits proposed for issuance.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 5 - Miscellaneous Administrative Provisions › Section 5-1 - Duration of permits

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15; IC 13-18-3
Affected: IC 13-15-3-2; IC 13-18-12
Sec. 1.
Except as specifically provided for elsewhere in these rules
				  ( 327 IAC 3-5 ), permits may be issued by the commissioner for any period of
				  time not to exceed five (5) years.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 5 - Miscellaneous Administrative Provisions › Section 5-2 - Transferability

Current through July 10, 2024
Authority: IC
				  13-14-8; IC 13-15; IC
				  13-18-3
Affected: IC 13-15; IC
				  13-18-12
Sec. 2.
A permit issued under this article (327 IAC 3) may be
				  transferred to another person by a permittee without modification or revocation
				  and reissuance being required, if:
(1)
				The permittee notifies the commissioner of the proposed transfer.
(2) The transferee certifies in writing to
				the commissioner that he does not intend to significantly alter the permitted
				activity.
(3) A written agreement
				containing a specific date for transfer of permit responsibility and coverage
				between the current and new permittee (including acknowledgement that the
				existing permittee is liable for violations from that date on) is submitted to
				the commissioner.
(4) The
				commissioner within thirty (30) days does not notify the current permittee and
				the new permittee of his or her intent to modify, revoke and reissue, or
				terminate the permit and to require that a new permit be filed rather than
				agreeing to the transfer of the permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 5 - Miscellaneous Administrative Provisions › Section 5-3 - Enforcement

Current through July 10, 2024
Authority: IC
				  13-14-8; IC 13-15; IC
				  13-18-3
Affected: IC
				  13-14-1-12;
				  IC 13-14-10; IC
				  13-15-7; IC
				  13-18-3-6;
				  IC 13-18-12; IC
				  13-24-2; IC
				  13-30-3
Sec. 3.
This article (327 IAC 3) shall be enforced through the
				  provisions of IC
				  13-15-7, IC
				  13-30-3, or IC
				  13-14-10 and IC
				  13-24-2, or any combination
				  thereof, as appropriate.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 5 - Miscellaneous Administrative Provisions › Section 5-4 - Penalties

Current through July 10, 2024
Authority: IC
				  13-14-8; IC 13-15; IC
				  13-18-3
Affected: IC
				  13-14-1-12;
				  IC 13-18-12; IC 13-30
Sec. 4.
Penalties for violation of this article (327 IAC 3) shall be
				  governed by IC 13-30.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 5 - Miscellaneous Administrative Provisions › Section 5-5 - Fees

Current through July 10, 2024
Authority: IC
				  13-13-5-2;
				  IC 13-14-8; IC 13-16; IC
				  13-18-4-1
Affected: IC
				  36-1-2-23
Sec.5.
(a) The
				following governmental entities shall remit with each construction permit
				application made under this article a fee of one hundred dollars ($100) but are
				excluded from payment of the fees in subsection (b)(1):
(1) County, municipality, or township, which
				is defined as a unit under IC
				36-1-2-23.
(2) A nonprofit organization.
(3) A conservancy district.
(4) A school corporation that operates a
				sewage treatment facility.
(5) A
				regional water or sewage district.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 5 - Miscellaneous Administrative Provisions › Section 5-6 - Agency requests for data

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-4-3
Affected: IC
				  13-14-4-1;
				  IC 13-18-12
Sec. 6.
(a) Whenever
				necessary to carry out the provisions of this article (327 IAC 3), any person
				who is or may be reasonably expected to be subject to such regulatory
				provisions shall:
(1) establish and maintain
				records;
(2) make
				reports;
(3) install, use, and
				maintain monitoring equipment or method (including, where appropriate,
				biomonitoring methods);
(4) sample
				effluents, internal wastestreams where appropriate, or other material;
				and
(5) provide other data,
				including, but not limited to, raw materials, catalysts, intermediate products,
				by-products, production rates, and related process information;
at such locations, at such times, and in such a manner, as
				  the commissioner may reasonably prescribe.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 6 - Technical Standards for Sanitary Collection Systems › Section 6-1 - Definitions

Current through July 10, 2024
Authority: IC 13-13-5; IC 13-14-8; IC 13-14-9; IC 13-15-1-2;
				  IC 13-15-2-1; IC 13-18-2
Affected: IC 13-11-2; IC 13-15; IC 13-18
Sec. 1.
In addition to the definitions contained in IC 13-11-2 and
				  327 IAC 3-1, the following
				  definitions apply throughout this rule:
(1) "Accessories" means the constituent
				elements of a sanitary collection system.
(2) "American National Standards" means the
				recommended standards certified by the American Water Works
				Association.
(3) "AWWA/ANS
				standards" means the American National Standard approved by the American Water
				Works Association.
(4) "Authorized
				representative" means a person as described by at least one (1) of the
				following:
(A) A principal executive officer
				or ranking elected official of a local governmental unit.
(B) The holder of a position of
				responsibility for the overall operation of the unit's water pollution
				treatment/control facility.
(C) A
				named individual for whom authorization has been submitted in writing to the
				commissioner by one (1) of the individuals of clause (A) or (B).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 6 - Technical Standards for Sanitary Collection Systems › Section 6-3 - Applicability

Current through July 10, 2024
Authority: IC
				  13-13-5; IC
				  13-14-8; IC
				  13-14-9; IC
				  13-15-1-2; IC
				  13-15-2-1; IC
				  13-18-2
Affected: IC
				  13-11-2; IC 13-15; IC 13-18
Sec. 3.
The technical standards established in this rule are
				  applicable to the design and construction of all new or modified sanitary
				  collection systems subject to this article that are constructed in the state of
				  Indiana and to the applications, plans, and specifications of the new or
				  modified collection system.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 3 - WASTEWATER TREATMENT FACILITIES; ISSUANCE OF PERMITS; CONSTRUCTION AND PERMIT REQUIREMENTS › Rule 6 - Technical Standards for Sanitary Collection Systems › Section 6-5 - Additional information on construction permit applications

Current through July 10, 2024
Authority: IC 13-13-5; IC 13-14-8; IC 13-14-9; IC 13-15-1-2;
				  IC 13-15-2-1; IC 13-18-2
Affected: IC 13-11-2; IC 13-15; IC 13-18
Sec. 5.
(a) In
				addition to the information on the application for a construction permit
				required by
				327 IAC
				3-2-2(c), the following information
				shall be provided with each application for a collection system:
(1) A design summary signed, dated, and
				sealed by a professional engineer or a registered land surveyor in conformance
				with section 4 of this rule, on forms provided by the commissioner, completed
				with the following information:
(A) The
				proposed number of service connections to single-family homes, apartments, and
				commercial or industrial customers with the following details of design flow
				data:
(i) Design average daily flow.
(ii) Peaking factor.
(iii) Peak daily flow.