reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-23 - "Significant industrial user" or "SIU" defined

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 23.
(a) Except
				as provided in subsection (b), "significant industrial user" or "SIU" means the
				following:
(1) Industrial users subject to
				categorical pretreatment standards under
				327 IAC
				5-2-1.5.
(2) An industrial user that:
(A) discharges an average of twenty-five
				thousand (25,000) gallons per day or more of process wastewater (excluding
				sanitary, noncontact cooling and boiler blowdown wastewater) to the
				POTW;
(B) contributes a process
				waste stream that makes up five percent (5%) or more of the average dry weather
				hydraulic or organic capacity of the POTW treatment plant; or
(C) is designated as a significant industrial
				user by the control authority on the basis that the industrial user has a
				reasonable potential to:
(i) adversely affect
				the POTW's operation; or
(ii)
				violate a:
(AA) pretreatment standard;
				or
(BB) requirement of
				327 IAC
				5-19-3.
(3) The control authority may determine that
				an industrial user subject to categorical pretreatment standards under
				40 CFR
				403.6 and
				40 CFR Chapter I, Subchapter N is
				a nonsignificant categorical industrial user rather than a significant
				industrial user if the industrial user never discharges more than one hundred
				(100) gallons per day (gpd) of total categorical wastewater, excluding
				sanitary, noncontact cooling and boiler blowdown wastewater, unless
				specifically included in the pretreatment standard and the following conditions
				are met:
(A) The industrial user, prior to
				the control authority's finding, has consistently complied with all applicable
				categorical pretreatment standards and requirements.
(B) The industrial user annually submits the
				certification statement required in
				40 CFR
				403.12(q) together with any
				additional information necessary to support the certification
				statement.
(C) The industrial user
				never discharges any untreated concentrated wastewater.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-24 - "Significant noncompliance" defined

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 24.
"Significant noncompliance" means the status of an industrial
				  user that has caused or allowed a violation that meets one (1) or more of the
				  following criteria:
(1) Chronic
				violations of wastewater discharge limits, defined as those in which sixty-six
				percent (66%) or more of all of the measurements taken during a six (6) month
				period exceed, by any magnitude, a numeric pretreatment standard or
				requirement, including instantaneous limits, as defined by
				40
				CFR 403.3(l).
(2) Technical review criteria (TRC)
				violations, defined as those in which thirty-three percent (33%) or more of all
				of the measurements for each pollutant parameter taken during a six (6) month
				period equal or exceed the product of the numeric pretreatment standard or
				requirement, including instantaneous limits, as defined by
				40
				CFR 403.3(l), multiplied by
				the applicable TRC (TRC equals one and four-tenths (1.4) for biochemical oxygen
				demand, total suspended solids, fats, oil, and grease and one and two-tenths
				(1.2) for all other pollutants except pH).
(3) Any other violation of a pretreatment
				standard or requirement as defined by
				40
				CFR 403.3(l), such as daily
				maximum, long-term average, instantaneous limit, or narrative standard that the
				POTW determines has caused, alone or in combination with other discharges,
				interference or pass through, including endangering the health of POTW
				personnel or the general public.
(4) Any discharge of a pollutant that has:
(A) caused imminent endangerment to human
				health, welfare, or the environment; or
(B) resulted in the POTW's exercise of its
				emergency authority under
				327 IAC
				5-19-3(1)(G)  to halt or prevent such
				a discharge.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-25 - "Sludge requirements" defined

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 25.
"Sludge requirements" means statutory provisions,
				  regulations, or permits issued under the following (or more stringent state or
				  local) regulations:
(1) Section 405 of
				the Clean Water Act (
				33 U.S.C.
				1345 ).
(2) Solid Waste Disposal Act (SWDA) (
				42 U.S.C.
				6901 ), including Title II, also known as the
				Resource Conservation Recovery Act.
(3) Rules contained in a state sludge
				management plan prepared pursuant to subtitle D of SWDA (
				42 U.S.C.
				6941 ).
(4) Clean Air Act (
				42 U.S.C.
				7401 ).
(5) Toxic Substances Control Act (
				15 U.S.C.
				2601 ).
(6) Marine Protection, Research and
				Sanctuaries Act (
				16 U.S.C.
				1431 and
				33 U.S.C.
				1401 ).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 18 - Applicable Pretreatment Standards and Other Pretreatment Requirements › Section 18-1 - Purpose

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 1.
This rule establishes the pretreatment requirements that
				  apply to discharges of pollutants from industrial users to POTWs, including the
				  following:
(1) Pretreatment standards
				for prohibited discharges.
(2)
				National pretreatment standards for specific industrial subcategories,
				established by
				40 CFR
				403.6.
(3) State pretreatment standards.
(4) More stringent limitations where
				necessary to protect a POTW from interference or to protect applicable water
				quality standards.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 18 - Applicable Pretreatment Standards and Other Pretreatment Requirements › Section 18-2 - Pretreatment standards for prohibited discharges

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 2.
(a) A user of
				a POTW, whether or not the user is subject to national categorical standards or
				state, local, or any other national pretreatment standard or requirement, shall
				not allow the introduction of the following into the POTW:
(1) A pollutant from any source of
				nondomestic wastewaters that could pass through or cause interference with the
				operation or performance of the POTW.
(2) A pollutant that could create a fire or
				explosion hazard in the POTW, including waste streams with a closed cup
				flashpoint of less than one hundred forty (140) degrees Fahrenheit (sixty (60)
				degrees Celsius) using the test methods in
				40 CFR
				261.21.
(3) A pollutant that could cause corrosive
				structural damage to the POTW, including a discharge with pH lower than 5.0,
				unless the POTW is specifically designed to accommodate such a
				discharge.
(4) A solid or viscous
				pollutant in an amount that could cause obstruction to the flow in a sewer or
				other interference with the operation of the POTW.
(5) A pollutant, including an oxygen
				demanding pollutant (such as biochemical oxygen demand) released in a discharge
				at a flow rate or pollutant concentration that could cause interference in the
				POTW.
(6) Heat in an amount that
				could:
(A) inhibit biological activity in the
				POTW and result in interference or damage to the POTW; or
(B) exceed forty (40) degrees Celsius or one
				hundred four (104) degrees Fahrenheit at the POTW treatment plant unless the
				commissioner, upon request of the POTW, approves alternate temperature
				limits.
(7) Petroleum,
				oil, nonbiodegradable cutting oil, or products of mineral oil origin in an
				amount that could cause interference or pass through.
(8) A pollutant that could result in the
				presence of toxic gases, vapors, or fumes within the POTW in a quantity that
				may cause acute worker health and safety problems.
(9) A trucked or hauled pollutant, except:
(A) with the permission of the POTW;
				and
(B) when introduced to the POTW
				at a discharge point designated by the POTW.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 18 - Applicable Pretreatment Standards and Other Pretreatment Requirements › Section 18-3 - Affirmative defense

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 3.
An industrial user shall have an affirmative defense in any
				  action brought against the industrial user alleging a violation of the
				  prohibitions established in section 2 of this rule if the industrial user can
				  demonstrate that:
(1) it did not know
				or have reason to know that its discharge, alone or in conjunction with a
				discharge from another source, would cause pass through or interference;
				and
(2) a local limit designed to
				prevent pass through or interference in accordance with section 2 of this rule:
(A) was developed for each pollutant in the
				industrial user's discharge that caused pass through or interference, and the
				industrial user was in compliance with each such local limit directly prior to
				and during the pass-through or interference; or
(B) was not developed for the pollutant that
				caused the pass through or interference, and the industrial user's discharge,
				directly prior to and during the pass through or interference, had not changed
				substantially in nature or constituents from its usual discharge condition when
				the POTW was regularly in compliance with the applicable:
(i) NPDES permit requirements; and
(ii) requirements for sewage sludge use or
				disposal, in the case of interference.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 18 - Applicable Pretreatment Standards and Other Pretreatment Requirements › Section 18-4 - National categorical pretreatment standards

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 4-22-2; IC 13-11-2; IC 13-13-5-1; IC 13-18-3-15;
				  IC 13-18-4
Sec. 4.
(a) General
				provisions for the categorical pretreatment standards are as follows:
(1) Unless specifically noted otherwise,
				categorical pretreatment standards are:
(A)
				enforceable by the commissioner against an industrial user upon the
				incorporation by reference of the standards in
				327 IAC
				5-2-1.5 in accordance with IC 4-22-2; and
(B) in addition to all applicable
				pretreatment standards and requirements in the pretreatment rules.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 18 - Applicable Pretreatment Standards and Other Pretreatment Requirements › Section 18-5 - Variance from a categorical pretreatment standard for fundamentally different factors

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC
				  13-13-5-1;
				  IC
				  13-18-3-15;
				  IC 13-18-4
Sec. 5.
(a) The
				requirements for requesting a variance from a categorical pretreatment standard
				for fundamentally different factors are as follows:
(1) Any interested person may request a
				fundamentally different factors variance under this section for the following
				reasons:
(A) Factors relating to an
				industrial user are fundamentally different from the factors considered during
				development of a categorical pretreatment standard applicable to that
				industrial user.
(B) The existence
				of the differing factors justifies a different discharge limit from that
				specified in the applicable categorical pretreatment standard.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 18 - Applicable Pretreatment Standards and Other Pretreatment Requirements › Section 18-6 - Intake water pollutant credits

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 6.
Categorical pretreatment standards may be adjusted to reflect
				  the presence of pollutants in the industrial user's intake water in accordance
				  with the following provisions:
(1) An
				industrial user wishing to obtain a credit for intake pollutants must file an
				application with the control authority. Upon request of the industrial user,
				the applicable categorical standard shall be calculated on a net basis, meaning
				that it shall be adjusted to reflect credit for pollutants in the intake water
				if the:
(A) applicable categorical
				pretreatment standards contained in 40 CFR Subchapter N specifically provide
				that they shall be applied on a net basis; or
(B) industrial user demonstrates that the
				control system it proposes or uses to meet applicable categorical pretreatment
				standards would, if properly installed and operated, meet the standards in the
				absence of pollutants in the intake waters.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 18 - Applicable Pretreatment Standards and Other Pretreatment Requirements › Section 18-8 - State pretreatment standards

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-14-8-7; IC
				  13-18-4
Sec. 8.
(a) An
				industrial user shall comply with applicable pretreatment standards and
				requirements adopted by the board under IC 13-14-8-7(a)(8). If state
				pretreatment standards and national pretreatment standards are applicable to an
				industrial user, the industrial user shall comply with the more stringent
				standards.
(b) Compliance with a
				state pretreatment standard that does not expressly state a final date for
				compliance must be attained no later than three (3) years from the effective
				date of the standard.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 18 - Applicable Pretreatment Standards and Other Pretreatment Requirements › Section 18-9 - Other pretreatment requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 9.
In addition to applicable pretreatment standards, an
				  industrial user shall comply with the following:
(1) An effluent limitation more stringent
				than the applicable pretreatment standard that is necessary to prevent:
(A) interference in the POTW receiving the
				discharge; or
(B) violation of a
				provision of section 2(a) of this rule or a state or federal water quality
				standard that is applicable to the state waters ultimately receiving the
				discharge from the industrial user after discharge from the POTW.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 19 - POTW Pretreatment Programs › Section 19-1 - POTWs required to have a pretreatment program

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 1.
(a) A POTW,
				or a combination of POTWs operated by the same authority, that meets at least
				one (1) of the following conditions must establish a POTW pretreatment program:
(1) Has a total design flow greater than five
				(5) million gallons per day (mgd) and receives pollutants, from one (1) or more
				industrial users, that may pass through or interfere with the operation of the
				POTW.
(2) Receives flow subject to
				pretreatment standards or requirements under 327 IAC 5-18.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 19 - POTW Pretreatment Programs › Section 19-2 - Development of a POTW pretreatment program

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 2.
(a) The
				purpose of a POTW pretreatment program is to provide the POTW with the
				administrative and technical capability to ensure that industrial users of the
				POTW comply with applicable pretreatment standards and requirements specified
				in 327 IAC 5-18.
(b) For a POTW
				required to develop a POTW pretreatment program under section 1 of this rule, a
				compliance schedule specifying the program development will be incorporated
				into the POTW's NPDES permit. The compliance schedule shall not extend more
				than twelve (12) months after notification of the requirement to the
				POTW.
(c) In addition to any other
				provisions of this article, any of the following circumstances shall be
				considered adequate cause to modify or revoke and reissue a POTW's NPDES permit
				to incorporate a compliance schedule for development of a POTW pretreatment
				program as described in subsection (b):
(1)
				The addition of pollutants into a POTW by an industrial user or combination of
				industrial users presents a substantial hazard to the functioning of the
				treatment works, quality of the receiving waters, human health, or the
				environment.
(2) The permit must be
				reissued or modified to coordinate the issuance of a construction grant under
				Section 201 of the Clean Water Act (
				33 U.S.C.
				1281 ) with the incorporation into the NPDES
				permit of a compliance schedule for a POTW pretreatment program.
(3) A modification of the NPDES permit is
				approved under Section 301(i)(1) of the Clean Water Act (
				33 U.S.C.
				1311(i)(1) ).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 19 - POTW Pretreatment Programs › Section 19-4 - Requests for approval of POTW pretreatment programs

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 4.
(a) A POTW
				requesting approval of a POTW pretreatment program shall develop and submit to
				the commissioner three (3) copies of the POTW pretreatment program description,
				including the following:
(1) A statement from
				the municipal attorney or the attorney for those POTW's that have independent
				legal counsel providing the following:
(A)
				Proof that the POTW has authority adequate to carry out the approved POTW
				pretreatment program described in section 3 of this rule, including
				identification of the legal authority that provides the basis for each
				procedure specified in subdivision (2).
(B) A copy of any ordinances, regulations,
				agreements, or other authorities relied upon by the POTW for its administration
				of the approved POTW pretreatment program.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 19 - POTW Pretreatment Programs › Section 19-5 - Approval procedures for POTW pretreatment programs or requests for authority to revise categorical pretreatment standards due to POTW consistent removal

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 5.
(a) The
				commissioner shall review each submission for a POTW pretreatment program
				approval or request to revise a categorical pretreatment standard to
				preliminarily determine whether the submission complies with the requirements
				of section 3, 4(a), or 4(b) of this rule or this section. After preliminary
				review, the commissioner shall act according to the following:
(1) If the submission meets the applicable
				requirements, the commissioner shall notify the POTW and commence permit
				procedures set forth in 327 IAC 5-3.
(2) If the submission does not comply with
				applicable requirements, the commissioner shall provide written notice to the
				POTW and to each person who has requested individual notice. This notification
				shall identify any defects in the submission and advise the POTW how it can
				comply with the applicable requirements.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 19 - POTW Pretreatment Programs › Section 19-6 - Revision of an existing approved POTW pretreatment program

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 6.
The criteria and procedures in
				  40 CFR
				  403.18 * govern the revisions to an existing
				  approved POTW pretreatment program.
*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, 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 19 - POTW Pretreatment Programs › Section 19-7 - POTWs not required to have an approved POTW pretreatment program

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 7.
A POTW not required to develop an approved POTW pretreatment
				  program shall be required to meet the following:
(1) Comply with a decision of the
				commissioner who has the responsibility of implementing a POTW pretreatment
				program that will achieve the objectives stated in
				327 IAC 5-16-1(b)
				 if the commissioner determines that a need
				exists for such a POTW pretreatment program. Generally, such a state
				pretreatment program will be implemented at the local POTW through the use of
				procedures comparable to those described under section 3(2) of this rule and,
				ultimately, the issuance of appropriate industrial wastewater pretreatment
				permits under 327 IAC 5-21.
(2)
				Develop, adopt, and enforce a sewer use ordinance that implements the standards
				for prohibited discharges in accordance with
				327 IAC
				5-18-2.
(3) Comply with any requirements of the
				commissioner specified in the POTW's NPDES permit to perform certain elements
				of an approved POTW pretreatment program, such as monitoring for industrial
				pollutants in the discharges from the POTW's industrial users.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 20 - Removal Credits › Section 20-1 - Prerequisites for revision of categorical pretreatment standards by a POTW

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 1.
(a) Any POTW
				receiving wastewater from an industrial user that is required to meet a
				categorical pretreatment standard may revise the discharge limits specified by
				the standard for any specific pollutant or pollutants if the POTW has:
(1) applied for and received authorization
				from the commissioner to revise the discharge limits for a specific pollutant
				in accordance with this rule and
				327
				IAC 5-19-5; and
(2) a POTW pretreatment program approved
				under 327 IAC 5-19.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 20 - Removal Credits › Section 20-2 - Application for authorization to revise categorical standards

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 2.
(a) An
				application to revise discharge limits for specific pollutants for an
				industrial user that is, or in the future may be, subject to categorical
				pretreatment standards must be submitted to the commissioner by a POTW pursuant
				to this section. The initial application must be submitted after or
				concurrently with the POTW's request for approval of its POTW pretreatment
				program. Subsequent applications, if needed, may be submitted by a POTW no more
				than once every six (6) months upon the occurrence of one (1) or more of the
				following:
(1) Promulgation of a categorical
				pretreatment standard since the previous application.
(2) An industrial user with new or modified
				facilities or production changes results in the discharge of a pollutant to the
				POTW that was not previously discharged and is subject to a categorical
				standard.
(3) Any significant
				increase in removal efficiency attributable to specific identifiable
				circumstances or corrective measures, such as:
(A) improvements in operation and maintenance
				practices;
(B) new treatment or
				treatment capacity; or
(C) a
				significant change in the influent to the POTW treatment plant.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 20 - Removal Credits › Section 20-3 - Conditional and provisional authorization to revise categorical standards

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 3.
(a) The
				requirements for conditional and provisional authorization to revise
				categorical standards are as follows:
(1) A
				POTW may submit an application to the commissioner for conditional authority to
				revise discharge limits contained in categorical pretreatment standards prior
				to approval of its POTW pretreatment program. The application must conform to
				the requirements of section 2 of this rule.
(2) The commissioner may approve an
				application for conditional authority to revise discharge limits if the
				commissioner determines that consistent removal has been adequately
				demonstrated for the specific pollutant proposed for discharge limit revision.
				The public notice and comment procedures of
				327
				IAC 5-19-5 may be omitted by the commissioner in
				approving an application under this section. However, at the time the
				commissioner gives public notice of the POTW's request for approval of its POTW
				pretreatment program, the commissioner shall also give public notice of the
				intent to ratify or not ratify the conditional authorization to revise
				discharge limits.
(3) If the
				commissioner approves the application for conditional authorization, the POTW
				may proceed to revise the discharge limits for the specific pollutants
				identified in the application subject to the following conditions:
(A) Except for section 1(a)(2) of this rule,
				the conditions specified by section 1 of this rule.
(B) The POTW must submit to the commissioner
				an application for a POTW pretreatment program approval meeting the
				requirements of
				327 IAC
				5-19-2,
				327 IAC
				5-19-3, and
				327
				IAC 5-19-4 in a timely manner, not to exceed the time
				limitation set forth in a compliance schedule for development of a POTW
				pretreatment program included in the POTW's NPDES permit.
(C) If a POTW grants a conditional revision
				and the commissioner subsequently makes a final determination, after notice and
				an opportunity for a hearing, that the POTW failed to comply with the
				conditions stated in this section, the following shall occur:
(i) The conditional revision shall be
				terminated by the commissioner.
(ii) An industrial user to whom the revised
				discharge limits had been applied shall achieve compliance with the applicable
				categorical pretreatment standard within a reasonable time, though not in
				excess of the time period prescribed in the applicable categorical pretreatment
				standard, as specified by the commissioner.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 21 - Industrial Wastewater Pretreatment Permit Program › Section 21-1 - Purpose

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 1.
The purpose of this rule is to establish an administrative
				  program for the issuance of a permit that specifies a minimum acceptable degree
				  of pretreatment required for the discharge of certain industrial wastewater
				  into a POTW. The applicability of these permits and the procedures for their
				  issuance are defined.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 21 - Industrial Wastewater Pretreatment Permit Program › Section 21-2 - Applicability of industrial wastewater pretreatment permits

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 2.
(a) An
				industrial user shall be required to obtain an IWP permit for a discharge of
				wastewater into a POTW if one (1) of the following situations exists:
(1) The discharge is from a significant
				industrial user as defined in
				327
				IAC 5-17-23 and is discharged into a POTW that is not
				required to have an approved POTW pretreatment program under
				327 IAC
				5-19-1.
(2) The commissioner determines that an IWP
				permit is needed for effective control of an industrial discharge.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 21 - Industrial Wastewater Pretreatment Permit Program › Section 21-3 - Permit application submission 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 13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 3
An application for an IWP permit must conform to the
				  following:
(1) Be completed on a form
				prescribed by the commissioner.
(2)
				Be signed in accordance with
				327 IAC
				5-2-22(a).
(3) Be submitted to the commissioner
				according to the following time requirements:
(A) Not later than one hundred eighty (180)
				days prior to the expiration date of an existing permit if the industrial user
				intends to continue discharging to the POTW.
(B) Not later than one hundred eighty (180)
				days prior to the date when a new industrial discharger intends to commence
				discharging to a POTW.
(C) In the
				case of an initial issuance of an IWP permit to a significant industrial user
				or to an industrial user determined by the commissioner to be subject to the
				IWP permit requirements, not later than one hundred twenty (120) days after the
				latter of:
(i) the promulgation of an
				applicable categorical pretreatment standard; or
(ii) the date of notification by the
				commissioner of a determination made according to section 2(a)(2) of this rule.
				(D) Not later than one hundred twenty (120) days prior to a planned expansion
				or modification of production or treatment facilities or processes that are
				likely to cause a significant increase in quantity of pollutants or a change in
				the nature of pollutants discharged to the POTW by an industrial user with an
				existing IWP permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 21 - Industrial Wastewater Pretreatment Permit Program › Section 21-4 - Effect of permit issuance

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 4.
An IWP permit holder shall comply with the requirements of
				  the following:
(1) The IWP permit as
				issued or modified.
(2) The POTW
				receiving the permitted industrial discharge.
(3) The local government having jurisdiction
				over the industrial discharge or the construction or operation of the
				discharging facility.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 21 - Industrial Wastewater Pretreatment Permit Program › Section 21-5 - Duration and transferability of an IWP permit

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 5.
The provisions of
				  327 IAC
				  5-2-6 concerning the duration, continuation, and
				  transferability of NPDES permits also apply to IWP permits issued under this
				  rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 21 - Industrial Wastewater Pretreatment Permit Program › Section 21-6 - Conditions applicable to all permits

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 6.
(a) The
				following conditions apply to all IWP permits and must be expressly
				incorporated into the permit or incorporated by reference into the permit:
(1) Permit conditions specified in
				327 IAC
				5-2-8(1)  through
				327 IAC
				5-2-8(3),
				327 IAC
				5-2-8(7)  through
				327 IAC
				5-2-8(9), and
				327 IAC
				5-2-8(13).
(2) The upset provision according to
				327 IAC 5-16-6.
(3) The bypass provision according to
				327 IAC 5-16-7.
(4) The enforcement provision according to
				327 IAC
				5-16-4.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 21 - Industrial Wastewater Pretreatment Permit Program › Section 21-7 - Applicable discharge limitations and related conditions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 7.
Permits issued under this rule must ensure compliance with
				  the following as applicable:
(1) The
				most stringent pretreatment standards and requirements specified in 327 IAC
				5-18 that are applicable to a particular discharge. For purposes of this
				section, a pretreatment standard or requirement is applicable if it applies by
				its terms to the discharge and becomes effective prior to final issuance of an
				IWP permit.
(2) With respect to an
				IWP permit to be issued to an industrial user within one (1) of the industrial
				categories or subcategories listed in
				327 IAC
				5-2-1.5, if an applicable categorical pretreatment
				standard has not yet been promulgated under Section 307(b) or 307(c) of the
				Clean Water Act (
				33 U.S.C.
				1317(b) or
				33
				U.S.C. 1317(c)), the permit shall include a condition stating that if such a
				categorical pretreatment standard is subsequently promulgated that is more
				stringent than any discharge limit in the permit or controls a pollutant not
				limited in the permit, the permit shall be promptly modified or revoked and
				reissued in accordance with such categorical pretreatment standard.
(3) The alternative discharge limitations or
				standards where warranted by fundamentally different factors under
				327
				IAC 5-18-5(a).
(4) The best management practices to control
				or abate the discharge of pollutants where:
(A) numeric effluent limitations are
				infeasible; or
(B) the practices
				are reasonably necessary to achieve discharge limitations and standards or to
				carry out the purposes of the Clean Water Act (
				33 U.S.C.
				1251 ).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 21 - Industrial Wastewater Pretreatment Permit Program › Section 21-8 - Schedules of compliance

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 8.
If necessary, an IWP permit shall contain a schedule of
				  compliance established in accordance with
				  327 IAC
				  5-2-12(a),
				  327 IAC
				  5-2-12(b),
				  327 IAC
				  5-2-12(d),
				  327
				  IAC 5-2-12.1,
				  327 IAC
				  5-18-4(c), and
				  327 IAC
				  5-18-8.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 21 - Industrial Wastewater Pretreatment Permit Program › Section 21-9 - Monitoring

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 9.
Monitoring requirements shall be specified in an IWP
				  permit:
(1) to assure compliance with
				discharge limitations and other terms and conditions of the permit;
(2) in accordance with the provisions of
				327 IAC 5-2-13(c)
				 through
				327 IAC
				5-2-13(e); and
(3) may include monitoring for one (1) or
				more of the following:
(A) Pollutant
				mass.
(B) Pollutant
				concentration.
(C) Other
				appropriate measurement for each pollutant as well as other parameters and
				conditions specified in the permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 21 - Industrial Wastewater Pretreatment Permit Program › Section 21-10 - Recording and reporting of monitoring results

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 10.
An IWP permittee shall record and report the results of
				  monitoring required under section 9 of this rule according to the
				  requirements:
(1) specified in the IWP
				permit; and
(2) of
				327 IAC
				5-2-14 and
				327 IAC
				5-2-15.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 21 - Industrial Wastewater Pretreatment Permit Program › Section 21-11 - Public notice procedures for IWP permit issuance

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 11.
An IWP permit shall be issued by the commissioner in
				  accordance with the following:
(1)
				Prior to permit issuance, a public notice containing the information specified
				in
				327
				IAC 5-3-12(a)  through
				327
				IAC 5-3-12(c)  and a copy of the
				briefing memo shall be provided to the following:
(A) The permit applicant.
(B) The POTW receiving the
				discharge.
(C) Any interested
				person who has:
(i) specifically requested the
				notice and statement of basis for a particular draft permit; or
(ii) requested to be placed on a mailing list
				for receipt of such information on all IWP permits proposed for
				issuance.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 21 - Industrial Wastewater Pretreatment Permit Program › Section 21-12 - IWP permit application and annual 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. 12.
(a) The
				fees in this section apply to IWP permit applications and annual operations as
				follows:
(1) Fees are not refundable after
				staff review and processing of the permit application has commenced.
(2) Application fees must be submitted with
				the application according to the time requirements in section 3 of this
				rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 22 - Classification of Wastewater Treatment Plants; Examination and Certification of Operators › Section 22-1 - Purpose

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-18-11-13
Affected: IC 13-18-11
Sec. 1.
The purpose of this rule is to establish the
				  following:
(1) A classification system
				of wastewater treatment plants.
(2)
				The criteria by which a person may become a wastewater treatment:
(A) apprentice; or
(B) certified operator.
The intended result of this rule is to facilitate the entry
				  of individuals into the occupation of wastewater treatment through an
				  apprenticeship opportunity and promote excellence among wastewater treatment
				  operators for the ultimate goal of protecting Indiana waters receiving treated
				  wastewater discharged from wastewater treatment
				  plants.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 22 - Classification of Wastewater Treatment Plants; Examination and Certification of Operators › Section 22-2 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-18-11-13
Affected: IC 13-18-11
Sec. 2.
This rule applies to:
(1) a certified operator who works
				at;
(2) a person endeavoring to
				become a wastewater treatment apprentice or a certified operator at;
				and
(3) the owner or governing body
				of; a wastewater treatment plant.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 22 - Classification of Wastewater Treatment Plants; Examination and Certification of Operators › Section 22-3 - Definitions

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-18-11-13
Affected: IC
				  13-11-2-258;
				  IC 13-18-11
Sec. 3.
The definitions in IC 13-11-2 and 327 IAC 1 and the
				  following definitions apply throughout this rule:
(1) "Acceptable experience" means employment
				in the actual hands-on operation, maintenance, management, or supervision of a
				wastewater treatment plant. Acceptable experience shall be obtained under the
				supervision of a certified operator or by otherwise demonstrating to the
				commissioner that the applicant's experience meets the requirements described
				in this rule.
(2) "Applicant" means
				a:
(A) person seeking:
(i) classification as a wastewater treatment
				apprentice; or
(ii) certification
				as a wastewater treatment operator; whether or not the person is currently
				employed at a wastewater treatment plant; or
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 22 - Classification of Wastewater Treatment Plants; Examination and Certification of Operators › Section 22-4 - Classification of wastewater treatment plants; nonindustrial treatment plants

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-18-11-2;
				  IC
				  13-18-11-13
Affected: IC 13-18-11
Sec. 4.
A nonindustrial wastewater treatment plant shall be
				  classified into one (1) of five (5) classifications based on the design
				  population equivalent of the plant according to the following:
(1) Class I-SP includes all waste
				stabilization ponds, whether controlled discharge or continuous discharge,
				regardless of flow.
(2) Class I
				includes wastewater treatment plants having a design population equivalent of
				less than two thousand (2,000).
(3)
				Class II includes wastewater treatment plants having a design population
				equivalent:
(A) equal to or greater than two
				thousand (2,000); and
(B) less than
				ten thousand (10,000).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 22 - Classification of Wastewater Treatment Plants; Examination and Certification of Operators › Section 22-5 - Classification of wastewater treatment plants; industrial treatment plants

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-18-11-2;
				  IC
				  13-18-11-13
Affected: IC 13-18-11
Sec. 5.
(a) An
				industrial wastewater treatment plant shall be classified into one (1) of five
				(5) classifications based on the type of treatment provided, design population
				equivalent, and the average daily flow according to the following:
(1) Class A-SO includes wastewater treatment
				plants having one (1) or more of the following:
(A) Primary solids removal facilities, such
				as:
(i) settling tanks;
(ii) settling ponds;
(iii) sand filters; or
(iv) screens; used only for removal of
				settleable inorganic solids.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 22 - Classification of Wastewater Treatment Plants; Examination and Certification of Operators › Section 22-6 - Classification of wastewater treatment plants; reclassification

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-18-11-2;
				  IC
				  13-18-11-13
Affected: IC 13-18-11
Sec. 6.
(a) A
				wastewater treatment plant may be reclassified by the commissioner if a change
				occurs to the wastewater treatment plant's operation, treatment process, or
				influent wastewater. The commissioner shall do the following:
(1) Consider reclassification of a wastewater
				treatment plant based upon information supplied by the governing body or owner
				in a construction permit application for modification.
(2) Give written notice of a reclassification
				to the governing body or owner and to the responsible charge operator
				indicating the following:
(A) The
				classification of certified operator that is necessary to supervise the
				reclassified wastewater treatment plant.
(B) A date by which time a certified operator
				required according to clause (A) must be in responsible charge of the
				reclassified wastewater treatment plant.