reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 10 - Cross Connections; Control; Operation › Section 10-12 - Approval of an organization as a training provider of cross connection control device inspectors; record keeping

Current through July 10, 2024
Authority: IC
				  13-13-5-1;
				  IC 13-14-8; IC
				  13-14-9; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18
Affected: IC 4-21.5; IC
				  13-11-2; IC
				  13-18-11-8
Sec. 12.
(a) The
				commissioner shall approve an organization as a training provider of cross
				connection control device inspectors if the training provider's proposed course
				meets the following requirements:
(1) The
				proposed course instruction and examination have a total duration of at least
				forty (40) hours.
(2) The proposed
				course deals with matters directly related to the cross connection control
				devices that include the following:
(A) Cross
				connection:
(i) identification;
(ii) degree of hazard;
(iii) prevention;
(iv) control devices; and
(v) practices.
(B) Backflow prevention assembly field test
				procedures and gauge accuracy verification by the Foundation for
				Cross-Connection Control and Hydraulic Research.
(C) Cross connection control device:
(i) inspection;
(ii) repair; and
(iii) maintenance.
(D) Content, intent, and related policy of
				this rule.
(E) Responsibilities of
				the:
(i) customer;
(ii) public water system; and
(iii) cross connection control device
				inspector.
(3)
				To teach the assigned subject, each instructor of the proposed course shall:
(A) have recognition from Indiana as a cross
				connection control device inspector; and
(B) be qualified by academic work or
				practical experience directly related to cross connection control device
				inspection.
(4) Includes
				both written and oral examinations that are proctored by different instructors
				and meet the following requirements:
(A) A
				written examination that tests the student's comprehension of the material
				discussed in subdivision (2).
(B)
				An oral examination that tests the student's ability and competency to perform
				cross connection control device:
(i)
				inspections;
(ii) test procedures
				specified under subdivision (2)(B); and
(iii)
				troubleshooting.
(5) The organization submits a written
				request to the commissioner for approval as a training provider of cross
				connection control device inspectors. The request must contain the following:
(A) The:
(i)
				name, address, and telephone number of the organization;
(ii) name of the course;
(iii) specific topics on which there are to
				be presentations;
(iv) time devoted
				to each topic identified under item (iii); and
(v) dates and locations where the course will
				be offered.
(B) All
				instructors':
(i) names;
(ii) registration numbers;
(iii) educational backgrounds;
(iv) professional experiences; and
(v) current professional
				affiliations.
(C)
				Information to demonstrate fulfillment of the requirements of subdivision (2)
				to the satisfaction of the commissioner.
(D) A written class outline.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 11 - Water Purification and Treatment Works; Operation; Requirements › Section 11-1 - Water purification or treatment works; operation; reports

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-13
Affected: IC 13-11-2; IC 13-18-11
Sec. 1.
(a) All
				purification or treatment works producing water to be used or available for
				drinking purposes by the public shall be properly and efficiently operated
				under the supervision of a competent operator or superintendent.
(b) The commissioner may require the
				qualified operator or superintendent in responsible charge to attend training
				whenever, in the opinion of the commissioner, the training is deemed necessary
				for the protection of the public health.
(c) Monthly reports of operation of the
				following system classifications must be submitted by the operator to the
				commissioner:
(1) WT2.
(2) WT3.
(3) WT4.
(4) WT5.
(5) Community public water systems purchasing
				water from WT4 or WT5 systems.
(6)
				Other systems determined by the commissioner to require monthly
				reporting.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-0.3 - Purpose

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-13
Affected: IC 13-18-11
Sec. 0.3.
(a) The
				purpose of this rule is to establish the following:
(1) A classification system for community
				public water system and nontransient noncommunity public water system treatment
				plants and distribution systems.
(2) The criteria by which a person may become
				a water treatment plant and water distribution system certified
				operator.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-0.5 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-13
Affected: IC 13-18-11
Sec. 0.5.
This rule applies to:
(1) a certified operator who works
				at;
(2) a person endeavoring to
				become a certified operator at; and
(3) the owner of; a community public water
				system, nontransient noncommunity public water system, transient noncommunity
				public water system using surface water or ground water under the direct
				influence of surface water, or a transient noncommunity public water system
				that requires complex treatment.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-1 - Definitions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-13
Affected: IC 13-11-2; IC 13-18-11
Sec. 1.
In addition to the definitions contained in IC 13-11-2 and
				  327 IAC 1, the following definitions apply throughout this rule:
(1) "Acceptable experience" means employment
				in the actual hands-on operation of a water treatment plant or water
				distribution system. Experience in:
(A) water
				treatment plant maintenance; or
(B)
				water treatment plant laboratory;
that directly relates to plant operation will be given a
				  maximum of fifty percent (50%) credit for operational experience for those
				  employed solely in that respective area. Acceptable experience shall be
				  obtained under the oversight of a certified operator, as a certified operator,
				  or by otherwise demonstrating to the commissioner that the applicant's
				  experience meets the requirements described by this subdivision.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-1.1 - Responsibilities

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-13
Affected: IC 13-18-11
Sec. 1.1.
The owner or governing body of a water treatment plant or
				  water distribution system shall be responsible to accomplish the following:
(1) Place each water treatment
				facility and water distribution system under the direct supervision of a
				certified operator in responsible charge who:
(A) has a valid certification of a grade
				eligible for operation at the classification of water treatment facility or
				water distribution system of responsibility; and
(B) is available to make process control or
				system integrity decisions about water quality or quantity that affect public
				health.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-2 - Classification of water distribution systems and water treatment plants

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-13
Affected: IC 13-18-11
Sec. 2.
(a) A water
				distribution system shall be classified in one (1) of three (3) classifications
				as follows:
(1) Class DSS (distribution
				system small) includes systems that:
(A)
				serve a population of less than three thousand three hundred one (3,301);
				and
(B) have no components other
				than:
(i) pressure tanks; or
(ii) storage tanks.
Nontransient noncommunity public water systems serving a
				  population less than five hundred one (501) utilizing no treatment other than
				  ion exchange or inline filtration are DSS systems.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-2.5 - Reclassification of water treatment plants and water distribution systems

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-13
Affected: IC 13-18-11
Sec. 2.5.
(a) Water
				treatment plants and water distribution systems will be reclassified by the
				commissioner if there are changes in the conditions or circumstances upon which
				the original classification was based.
(b) A water treatment plant or water
				distribution system may be reclassified by the commissioner if one (1) of the
				following situations exists:
(1) The
				treatment plant or water distribution system utilizes:
(A) special or complex equipment;
(B) newly emerging treatment technology;
				or
(C) features of design requiring
				a change in operation.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-3 - Qualifications of a certified operator

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-13
Affected: IC 13-11-2; IC 13-18-11
Sec. 3.
(a) In order
				to become a certified operator of a water treatment plant or a water
				distribution system, a person must do the following:
(1) Meet the minimum qualifications specified
				in subsection (b).
(2) Pass the
				certification examination required by the commissioner unless exempted by
				statute or rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-3.2 - Certified operator grades

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-13
Affected: IC 13-18-11
Sec. 3.2.
(a) Grade
				operator-in-training (O.I.T.) is available under the following guidelines:
(1) To a person meeting the following:
(A) Currently employed at a public water
				system with facilities classified as a Class WT 3, WT 4, or WT 5 water
				treatment plant or a Class DSL water distribution system.
(B) Has fulfilled the qualifications of
				section 3(a)(2) and 3(b)(1) of this rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-3.4 - Grandparenting

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-10.5; IC
				  13-18-11-13
Affected: IC 13-18-11
Sec. 3.4.
(a) For
				purposes of this rule, grandparenting is the process through which the
				commissioner may issue operator certification to a person who has been working
				at a water treatment plant or water distribution system that, before the
				effective date of this rule, was not required to be under the supervision of a
				certified operator. An operator certificate to be conferred through
				grandparenting may be issued if:
(1) the
				owner or governing body meets the criterion of subsection (b); and
(2) the recipient of the certificate abides
				by the requirements of subsection (d).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-3.5 - Facility specific operator

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-13
Affected: IC 13-18-11
Sec. 3.5.
(a)
				Operators of nontransient noncommunity public water systems of the following
				facility classifications may be granted facility specific operator (FSO)
				certifications:
(1) Class DSS
				systems.
(2) Class WT1
				systems.
(3) Noncommunity public
				water systems of other facility classifications may be granted FSO
				certifications for their classifications if the commissioner determines that
				the FSO applicant will adequately perform the tasks necessary for proper
				operation of the system.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-3.6 - Certified operator in responsible charge

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-13
Affected: IC 13-18-11
Sec. 3.6.
(a) A
				certified operator may be in responsible charge of more than one (1) water
				treatment plant or water distribution system if the following conditions are
				met:
(1) The certified operator will be able
				to provide adequate supervision to all units involved.
(2) Before undertaking multiple operator
				positions of responsible charge, a letter signed by the certified operator is
				submitted to the owner or governing body of each water treatment plant and
				water distribution system to be under the responsible charge of the certified
				operator providing the following information:
(A) The name and location of each water
				treatment plant and water distribution system to be under the responsible
				charge of the certified operator.
(B) The number of hours per week the
				certified operator shall work at each water treatment plant and water
				distribution system.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-3.8 - Certification transition

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-13
Affected: IC 13-18-11
Sec. 3.8.
(a) A
				certified operator whose certification is valid on the effective date of this
				rule shall transition to a grade of certification according to the following:
(1) A Grade DS certified operator shall
				transition to a Grade DSM certification.
(2) A Grade DS certified operator shall
				transition to a Grade DSL certification if the certified operator has
				experience in the operation of a distribution system that:
(A) serves a population of more than ten
				thousand one (10,001); or
(B) is
				classified as DSL according to section 2 of this rule.
(3) A Grade DS-L certified operator shall
				transition to a Grade DSL certification.
(4) A Grade CT certified operator shall
				transition to a Grade WT 2 certification.
(5) A Grade PF certified operator shall
				transition to a Grade WT 3 certification.
(6) A Grade GF certified operator shall
				transition to a Grade WT 4 certification.
(7) A Grade GF certified operator shall
				transition to a Grade WT 5 certification if the certified operator has
				experience in the operation of a water treatment plant that is classified as
				Class WT 5 according to section 2 of this rule.
(8) A Grade AT certified operator shall
				transition to a Grade WT 3 and Grade WT 5 certification.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-4 - Examination of applicants to become a certified operator of a water treatment plant or water distribution system

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-13
Affected: IC 13-18-11
Sec. 4.
(a) A
				standardized examination prepared to reflect the duties and responsibilities
				required of each grade of water treatment plant and water distribution system
				certified operator shall be as follows:
(1)
				Used to test knowledge, ability, and judgment of an applicant to become a water
				treatment plant or water distribution system certified operator.
(2) Conducted at least annually.
(3) Held at places and times established by
				the commissioner:
(A) with at least sixty
				(60) days advanced announcement; and
(B) except in such cases as may be declared
				necessary exceptions by the commissioner.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-4.5 - Demonstration of proficiency for applicants to become a facility specific operator

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-13
Affected: IC 13-18-11
Sec. 4.5.
(a) A
				person may become certified as a facility specific operator (FSO) by a
				demonstration of proficiency:
(1) through an
				examination;
(2) based on
				completion of an approved training course; or
(3) through another method approved by the
				commissioner.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-5 - Certification fees

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-6.5; IC
				  13-18-11-13
Affected: IC 13-18-11
Sec. 5.
(a) Fees for
				water treatment plant and water distribution system operator certification
				shall be as follows:
(1) Certification, including certificate
$30
(2) Certification by examination for a new
						  classification
$30
(3) Triennial renewal fee
$30
(4) Duplicate or replacement certificate
$15
(5) Replacement card
$15
(b)
				An application fee will not be returned to an applicant:
(1) who is deemed by the commissioner to be
				ineligible for water treatment plant or water distribution system certification
				examination;
(2) who does not
				receive a minimum score of seventy percent (70%) as required by section 4(e)(1)
				of this rule; or
(3) whose
				examination is voided for cheating according to section 4(d)(2)(B) of this
				rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-6 - Certification; reciprocity; provisional certificate

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-13
Affected: IC 13-18-11-9
Sec. 6.
(a) The
				commissioner shall issue a certificate designating competency in the
				appropriate certified operator's grade to each person who makes proper
				application if the applicant:
(1) meets the
				necessary requirements of education and experience; and
(2) successfully completes a grade
				appropriate examination.
Upon successful completion of examination according to
				  section 4 of this rule, the commissioner shall issue a certification in the
				  certified operator grade that the applicant was examined.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-7 - Certificates and certification cards; renewal; duplicates

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-13
Affected: IC 13-18-11-6.5
Sec. 7.
(a) A water
				treatment plant and water distribution system operator's certificate shall be
				as follows:
(1) Be issued after an applicant's
				successful completion of the grade appropriate examination.
(2) Specify the following:
(A) The month and year that the applicant
				qualified.
(B) The issuance date of
				the certificate.
(3) Be
				permanent in nature but will be effective only when validated by a current
				certification card.
(4) Not be
				valid if obtained:
(A) through fraud or
				deceit; or
(B) by the submission of
				inaccurate data on the application.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-7.1 - Continuing education credit; criteria for approval

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-6.5; IC
				  13-18-11-13
Affected: IC 13-18-11
Sec. 7.1.
(a)
				Continuing education contact hour credit shall be given only for completed
				course work that has been approved by the commissioner according to the
				following:
(1) A training provider has
				submitted an application and received continuing education course approval from
				the commissioner prior to publicly offering a water treatment plant or water
				distribution system continuing education course. The application must:
(A) be submitted on a form approved by the
				commissioner;
(B) be submitted no
				less than sixty (60) days before the first date when the course is
				conducted;
(C) be accompanied by a
				written course outline or brochure; and
(D) contain the following information:
(i) Name, address, and telephone number of a
				course sponsor, training provider, or other contact person.
(ii) Name of course.
(iii) Specific topics that are included in
				the course presentations.
(iv)
				Amount of time devoted to each topic.
(v) Instructor's name and qualifications,
				including the following:
(AA) Educational
				background.
(BB) Professional
				experience.
(CC) Current
				professional affiliation.
(vi) Dates and locations where the course
				will be offered.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-7.5 - Continuing education requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-6.5; IC
				  13-18-11-13
Affected: IC 13-18-11
Sec. 7.5.
(a) All
				water treatment plant and water distribution system certified operators shall
				fulfill continuing education requirements in amounts specified in Table 7.5(b)
				in subsection (b):
(1) during each three (3)
				year period following the issuance of the certification card; and
(2) before having that certification card
				renewed.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-7.6 - Continuing education credit; training provider responsibilities

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-6.5; IC
				  13-18-11-13
Affected: IC 13-18-11
Sec. 7.6.
(a) A
				training provider shall generate records of each water treatment plant or water
				distribution system continuing education course conducted that include the
				following:
(1) The date of the water
				treatment plant or water distribution system continuing education
				course.
(2) The name of each person
				attending the water treatment plant or water distribution system continuing
				education course.
(3) The length of
				time of the course.
(4) The
				instructor's name.
(5) The course
				content.
(6) The name of the
				organization sponsoring the course.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 8 - PUBLIC WATER SUPPLY › Rule 12 - Classification of Community Public Water System and Nontransient Noncommunity Public Water System Treatment Plants and Distribution Systems; Examination and Certification of Operators › Section 12-8 - Suspension or revocation of certification

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-11-1.5; IC 13-18-11-8; IC
				  13-18-11-13
Affected: IC 4-21.5; IC 13-18-11
Sec. 8.
The commissioner may suspend or revoke the certificate of a
				  water treatment plant or water distribution system certified operator,
				  following a hearing pursuant to IC 4-21.5, if it is found that the certified
				  operator has violated any provision of IC 13-18-11-8.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 11 - STATE ENVIRONMENTAL POLICY › Rule 1 - Environmental Assessment; Activities of State Agencies › Section 1-2 - Purpose

Current through July 10, 2024
Authority: IC
				  13-12-4; IC
				  13-14-8
Affected: IC
				  13-12-4
Sec. 2.
The purpose of this article is to:
(1) designate which actions:
(A) are within the scope of IC
				13-12-4; and
(B) constitute a major state action
				significantly affecting the quality of the human environment;
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 11 - STATE ENVIRONMENTAL POLICY › Rule 1 - Environmental Assessment; Activities of State Agencies › Section 1-3 - Applicability; exemptions; other requirements not superseded

Current through July 10, 2024
Authority: IC
				  13-12-4; IC
				  13-14-8
Affected: IC
				  13-12-4-8
Sec. 3.
(a) This
				article applies to all state agencies.
(b) This article does not supersede or set
				aside any other:
(1) assessment;
(2) review; or
(3) determination; required by federal or
				state statute, rule, or regulation.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 11 - STATE ENVIRONMENTAL POLICY › Rule 1 - Environmental Assessment; Activities of State Agencies › Section 1-4 - General considerations for preparing environmental assessment forms

Current through July 10, 2024
Authority: IC
				  13-12-4; IC
				  13-14-8
Affected: IC
				  13-12-4-5
Sec. 4.
(a) In
				accordance with IC
				13-12-4-5,
				each state agency must determine whether an action it is considering
				constitutes a major state action significantly affecting the quality of the
				human environment. Such an action requires the completion of an environmental
				impact statement. The definitions from this rule and the preparation of an
				environmental assessment will aid state agencies in making a determination of
				the necessity for an environmental impact statement. The department shall
				develop guidance to further aid state agencies in this assessment, including
				the following:
(1) A state form for an
				environmental assessment.
(2)
				Guidance on completion of an environmental impact
				statement.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 11 - STATE ENVIRONMENTAL POLICY › Rule 3 - Definitions › Section 3-1 - Definitions

Current through July 10, 2024
Authority: IC
				  13-12-4-5;
				  IC 13-14-8
Affected: IC
				  13-11-2; IC
				  13-12-4
Sec. 1.
The definitions in IC
				  13-11-2 and this rule apply
				  throughout this article.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 11 - STATE ENVIRONMENTAL POLICY › Rule 3 - Definitions › Section 3-2 - "Environmental assessment" defined

Current through July 10, 2024
Authority: IC
				  13-12-4-5;
				  IC 13-14-8
Affected: IC
				  13-12-4
Sec. 2.
(a)
				"Environmental assessment" means a concise public document for which a state
				agency is responsible that does the following:
(1) Briefly provides sufficient evidence and
				analysis for determining whether to prepare:
(A) an environmental impact statement;
				or
(B) a finding of no significant
				impact.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 11 - STATE ENVIRONMENTAL POLICY › Rule 3 - Definitions › Section 3-3 - "Environmental impact statement" defined

Current through July 10, 2024
Authority: IC
				  13-12-4-5;
				  IC 13-14-8
Affected: IC
				  13-12-4-5
Sec. 3.
"Environmental impact statement" means the detailed written
				  statement made by the responsible official of a state agency that plans or
				  undertakes a major state action significantly affecting the quality of the
				  human environment that is required by IC
				  13-12-4-5.
				  The environmental impact statement describes the following:
(1) The potential environmental impact of the
				proposed action.
(2) Any adverse
				environmental impact that cannot be avoided should the proposal be
				implemented.
(3) Alternatives to
				the proposed action.
(4) The
				relationship between local, short-term uses of the environment and the
				maintenance and enhancement of long-term productivity.
(5) Any irreversible and irretrievable
				commitments of resources that would be involved if the proposed action should
				be implemented.
The environmental impact statement is prepared after
				  consulting with and obtaining the comment of each state agency that has
				  jurisdiction by law or special expertise with respect to any environmental
				  impact involved.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 11 - STATE ENVIRONMENTAL POLICY › Rule 3 - Definitions › Section 3-4 - "Major state action" defined

Current through July 10, 2024
Authority: IC
				  13-12-4-5;
				  IC 13-14-8
Affected: IC
				  2-2.1-1; IC
				  4-22-2; IC
				  13-12-4; IC
				  13-14-9
Sec. 4.
"Major state action" means any of the following that are
				  planned or undertaken by a state agency:
(1) Actions, including new and continuing
				activities, including projects and programs entirely or partly:
(A) financed;
(B) assisted;
(C) implemented;
(D) conducted;
(E) regulated; or
(F) approved; by state agencies.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 11 - STATE ENVIRONMENTAL POLICY › Rule 3 - Definitions › Section 3-5 - "Responsible official" or "responsible state official" defined

Current through July 10, 2024
Authority: IC
				  13-12-4-5;
				  IC 13-14-8
Affected: IC
				  13-12-4
Sec. 5.
"Responsible official" or "responsible state official" means
				  the person established by law as the head of the state agency that plans or
				  undertakes a major state action significantly affecting the quality of the
				  human environment:
(1) who is required
				to make the environmental impact statement required by IC
				13-12-4; or
(2) to whom that responsibility is delegated
				in writing.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 11 - STATE ENVIRONMENTAL POLICY › Rule 3 - Definitions › Section 3-6 - "Significantly affecting the quality of the human environment" defined

Current through July 10, 2024
Authority: IC
				  13-12-4-5;
				  IC 13-14-8
Affected: IC
				  13-12-4
Sec. 6.
"Significantly affecting the quality of the human
				  environment" means, in relation to a major state action, the following:
(1) An action that, when analyzed according
				to the context and intensity of the action, has an adverse, rather than
				beneficial, impact on the natural and physical environment and the relationship
				of people with that environment.
(2) Impacts may be direct, meaning they occur
				at the same time and place, or indirect, meaning the impacts caused by the
				action occur later in time or farther removed in distance, but are still
				reasonably foreseeable.
(3) The
				significance of an action may vary with the setting of the proposed action.
				Both short-term and long-term effects are relevant.
(4) The intensity of an action means the
				severity of the impact on the environment. Considerations include the
				following:
(A) The degree to which the
				proposed action affects human health or safety.
(B) Unique characteristics of the geographic
				area such as proximity to one (1) or more of the following:
(i) Historic or cultural resources.
(ii) Park lands.
(iii) Prime farmlands.
(iv)  Wetlands.
(v) Karst areas.
(vi) Other ecologically critical areas,
				including the habitat of endangered or threatened species.
(C) The degree to which the action may cause
				loss, impairment, or destruction of significant:
(i) scientific
(ii) cultural; or
(iii) historical;
				resources.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 11 - STATE ENVIRONMENTAL POLICY › Rule 3 - Definitions › Section 3-7 - "State agency" defined

Current through July 10, 2024
Authority: IC
				  13-12-4-5;
				  IC 13-14-8
Affected: IC
				  13-12-4
Sec. 7.
"State agency", as used in this article, means any:
(1) department;
(2) board;
(3) commission;
(4) bureau; or
(5) council; created by the legislature
				having statewide jurisdiction, the operation of which is financed from
				appropriations of the general assembly. Local government units at the town,
				city, township, or county level are not included.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 1 - Purpose and Applicability › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  5-14-3; IC
				  13-14-11-5
Sec. 1.
The purpose of this article is to provide the
				  following:
(1) The policy of the
				board, to be followed by the department, in making public records available for
				public review and copying in accordance with IC
				5-14-3 unless the information is
				determined to be confidential.
(2)
				The provisions for protecting legitimate interests in the confidentiality of
				certain information.
(3) The
				criteria to be used for determining the legitimacy of confidentiality claims in
				accordance with IC
				5-14-3.
(4) The procedures that the commissioner
				shall use in making determinations on the confidentiality of
				information.
(5) The form of
				confidentiality agreements required by IC
				13-14-11-5
				from employees of the department and from persons under contract to the
				department.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 1 - Purpose and Applicability › Section 1-2 - Applicability

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  13-14-11
Sec. 2.
This article applies to the following:
(1) Information received on or after the
				effective date of this article from a person requesting confidential treatment
				of that information. The information may be either:
(A) treated as a single unit of information
				even if the information is comprised of a collection of individual items of
				information; or
(B) separated into
				two (2) or more categories to afford different treatment to the information in
				each category because the claim covers only a portion of the
				information.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  13-11-2
Sec. 1.
The definitions in this rule apply throughout this
				  article.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-2 - "Available to the public" defined

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 5-14-3
Sec. 2.
"Available to the public" means a public record, as defined
				  by IC 5-14-3, but excluding public records described in
				  327 IAC
				  12.1-3-1(b), that the department
				  shall furnish to any member of the public upon request, or may otherwise make
				  public.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-4 - "Claim of confidentiality" or "claim" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  5-14-3-4;
				  IC 13-14-11
Sec. 4.
"Claim of confidentiality" or "claim" means a claim or
				  assertion that information be treated as confidential because the information
				  is excepted from disclosure under IC
				  5-14-3-4(a)
				   or IC
				  5-14-3-4(b).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-5 - "Commissioner" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  13-11-2-35
Sec. 5.
"Commissioner" means the commissioner of the
				  department.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-6 - "Contaminant" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  13-14-11
Sec. 6.
"Contaminant" means any physical, chemical, biological, or
				  radiological substance or matter in water.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-7 - "Contractor" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  13-14-11
Sec. 7.
"Contractor" means:
(1) any:
(A) person;
(B) association;
(C) partnership;
(D) corporation;
(E) business;
(F) educational institution;
(G) governmental body; or
(H) other entity;
performing work under contract as an authorized
				  representative of the department; and
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-8 - "Department" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  13-11-2-51
Sec. 8.
"Department" means the department of environmental
				  management.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-9 - "Effluent data" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  13-11-2-51
Sec. 9.
(a)
				"Effluent data" means, with reference to any source of discharge of any
				pollutant, the following:
(1) Information
				necessary to determine the identity, amount, frequency, concentration,
				temperature, or other characteristics, to the extent related to water quality,
				of any pollutant that has been discharged by the source, or of any pollutant
				resulting from any discharge from the source, or any combination of the
				foregoing.
(2) Information
				necessary to determine the identity, amount, frequency, concentration,
				temperature, or other characteristics, to the extent related to water quality,
				of the pollutants that, under an applicable standard or limitation, the source
				was authorized to discharge, including, to the extent necessary for such
				purpose, a description of the manner or rate of operation of the
				source.
(3) A general description
				of the location or nature, or both, of the source to the extent necessary to
				identify the source and to distinguish it from other sources, including, to the
				extent necessary for such purposes, a description of the device, installation,
				or operation constituting the source.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-10 - "Information" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  5-14-3; IC
				  13-14-11
Sec. 10.
"Information" means any of the following, regardless of
				  physical form or characteristics, without limitation:
(1) Written or printed material.
(2) Data processing card decks, printouts,
				and tapes.
(3) Maps.
(4) Charts.
(5) Paintings.
(6) Photographs.
(7) Drawings.
(8) Engravings.
(9) Sketches.
(10) Samples.
(11) Working notes and papers.
(12) Reproductions of such things by any
				means or process.
(13) Sound,
				voice, or electronic recordings in any form, in the possession of the
				department by which knowledge has been preserved and may be retrieved;
				and
(14) Any other
				material.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-11 - "Person" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  13-11-2-158
Sec. 11.
"Person" has the meaning set forth in IC
				  13-11-2-158(a).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-12 - "Pollutant" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  5-14-3
Sec. 12.
"Pollutant" means dredged spoil, solid waste, incinerator
				  residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological
				  materials, radioactive materials, heat, wrecked or discarded equipment, rock,
				  sand, cellar dirt, and industrial, municipal, and agricultural waste discharged
				  into water. The term does not mean the following:
(1) Sewage from vessels or a discharge
				incidental to normal operation of a vessel of the Armed Forces as defined in
				Section 1322 of the Clean Water Act.
(2) Water, gas, or other material that is
				injected into a well to facilitate production of oil or gas, or water derived
				in association with oil or gas production and disposed of in a well, if the
				well used either to facilitate production or for disposal purposes is approved
				by Indiana only after determining that such injection or disposal will not
				result in the degradation of ground or surface water resources.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-13 - "Public record" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  5-14-3-2
Sec. 13.
"Public record" has the meaning set forth in IC
				  5-14-3-2.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-14 - "Standard or limitation" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  5-14-3
Sec. 14.
"Standard or limitation" means any:
(1) prohibition;
(2) effluent limitation; or
(3) toxic, pretreatment, or new source
				performance standard;
established or publically
[sic.]
proposed
				  pursuant to the Clean Water Act or regulations under the Clean Water Act,
				  including limitations or prohibitions in a permit issued or proposed by the
				  department.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-15 - "Trade secret" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  24-2-3-2
Sec. 15.
"Trade secret" has the meaning set forth in IC
				  24-2-3-2.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 3 - Access to Public Records › Section 3-1 - Access to public records

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  5-14-3-4;
				  IC
				  5-14-3-8; IC
				  13-14-11
Sec. 1.
(a) The
				provisions of IC
				5-14-3 apply to all public records.
				All information received by the department is considered a public
				record.
(b) Public records are
				available to the public, except for any of the following public records:
(1) Received under or supporting a claim of
				confidentiality.
(2) Under review
				or appeal to determine if confidential under IC
				5-14-3-4(a)
				 or IC
				5-14-3-4(b).
(3) The commissioner has determined to be
				confidential under IC
				5-14-3-4(a)
				 or IC
				5-14-3-4(b).