reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 7 - Alternative Thermal Effluent Limitations; Determination › Section 7-2 - Definitions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-3
Affected: IC 13-18-4; IC 13-18-19
Sec. 2.
For the purpose of this rule ( 327 IAC 5-7 ):
"Alternative effluent limitations" means all effluent
				  limitations or standards of performance for the control of the thermal
				  component of any discharge which are established under section 316(a) of the
				  CWA and this rule ( 327 IAC 5-7 ).
"Balanced, indigenous community" is synonymous with the term
				  "balanced, indigenous population" in the CWA and means a biotic community
				  typically characterized by diversity, the capacity to sustain itself through
				  cyclic seasonal changes, presence of necessary food chain species and by a lack
				  of domination by pollution tolerant species. Such a community may include
				  historically nonnative species introduced in connection with a program of
				  wildlife management and species whose presence or abundance results from
				  substantial, irreversible environmental modifications. Normally, however, such
				  a community will not include species whose presence or abundance is
				  attributable to the introduction of pollutants that will be eliminated by
				  compliance by all sources with section 301(b)(2) of the CWA, and may not
				  include species whose presence or abundance is or would be attributable to the
				  imposition of alternative effluent limitations pursuant to section 316(a) of
				  the CWA in place of otherwise applicable effluent limitations under section 301
				  or section 306 of the CWA.
"Representative important species" means species which are
				  representative, in terms of their biological needs, of a balanced, indigenous
				  community of shellfish, fish and wildlife in the body of water into which a
				  discharge of heat is made.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 7 - Alternative Thermal Effluent Limitations; Determination › Section 7-3 - Early screening of applications

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC
				  13-18-4; IC
				  13-18-19
Sec. 3.
(a) Any
				initial application for a CWA section 316(a) variance shall include the
				following early screening information:
(1) A
				description of the alternative effluent limitations requested.
(2) A general description of the method by
				which the discharger proposes to demonstrate that the otherwise applicable
				thermal discharge effluent limitations are more stringent than
				necessary.
(3) A general
				description of the type of data, studies, experiments, and other information
				which the discharger intends to submit for the demonstration.
(4) Such data and information as may be
				available to assist the commissioner in selecting the appropriate
				representative important species.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 7 - Alternative Thermal Effluent Limitations; Determination › Section 7-4 - Criteria and standards for granting alternate thermal effluent limitations

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC
				  13-18-4; IC
				  13-18-19
Sec. 4.
(a) If the
				discharger demonstrates to the satisfaction of the commissioner that thermal
				effluent limitations required under section 301 or 306 of the CWA are more
				stringent than necessary to assure the protection and propagation of a
				balanced, indigenous community of shellfish, fish and wildlife in and on the
				body of water into which the discharge is made, less stringent alternative
				thermal limitations may be established for the discharge. This demonstration
				must show that the alternative effluent limitations desired by the discharger,
				considering the cumulative impact of its thermal discharge together with all
				other significant impacts on the species affected, will assure the protection
				and propagation of a balanced, indigenous community of shellfish, fish and
				wildlife in and on the body of water into which the discharge is to be
				made.
(b) In determining whether or
				not the protection and propagation of the affected species will be assured, the
				commissioner may consider any information contained or referenced in any
				applicable thermal water quality criteria and supplemental information
				published by the administrator under section 304(a) of the CWA, or any other
				information he deems relevant.
(c)
(1) Existing dischargers may base their
				demonstration upon the absence of prior appreciable harm in lieu of predictive
				studies. Any such demonstrations shall show:
(A) that no appreciable harm has resulted
				from the thermal component of the discharge (taking into account the
				interaction of such thermal component with other pollutants, such as
				oxygen-demanding pollutants and toxic pollutants, and the additive effect of
				other thermal sources) to a balanced, indigenous community of shellfish, fish
				and wildlife in and on the body of water into which the discharge has been
				made; or
(B) that, despite the
				occurrence of such previous harm, the desired alternative effluent limitations
				(or appropriate modifications thereof) will nevertheless preclude the
				occurrence of further appreciable harm and, thus, assure the protection and
				propagation of a balanced, indigenous community of shellfish, fish and wildlife
				in and on the body of water into which the discharge is made.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 9 - Best Management Practices; Establishment › Section 9-1 - Purpose

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-3
Affected: IC 13-18-4; IC 13-18-19
Sec. 1.
This rule ( 327 IAC 5-9 ) describes how best management
				  practices (BMPs) for ancillary industrial activities under section 304(e) of
				  the CWA shall be reflected in permits, including best management practices
				  promulgated in effluent limitations guidelines under section 304 of the CWA or
				  established on a case-by-case basis in permits under section 402(a)(1) of the
				  CWA.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 9 - Best Management Practices; Establishment › Section 9-2 - Applicability of best management practices (BMPs)

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC
				  13-18-4; IC
				  13-18-19
Sec. 2.
(a)
				Dischargers who use, manufacture, store, handle, or discharge any pollutant
				listed as toxic under section 307(a)(1) of the CWA, any pollutant listed as
				hazardous under section 311 of the CWA, or on a case-by-case basis, other
				materials which may cause pollution if they are discharged are subject to the
				requirements of this rule for all activities which may result in significant
				amounts of those pollutants reaching waters of the state. These activities are
				ancillary manufacturing operations including the following:
(1) Materials storage areas.
(2) In-plant transfer.
(3) Process and material handling
				areas.
(4) Loading and unloading
				operations.
(5) Plant site
				runoff.
(6) Sludge and waste
				disposal areas.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 9 - Best Management Practices; Establishment › Section 9-3 - Permit terms and conditions

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC
				  13-18-4; IC
				  13-18-19
Sec. 3.
(a) BMPs
				specified by an applicable EPA-promulgated regulation under section 304(e) of
				the CWA shall be expressly incorporated into an NPDES permit.
(b) In establishing BMP requirements in an
				NPDES permit on a case-by-case basis as the commissioner determines to be
				necessary to carry out the provisions under section 402(a)(1) of the CWA, the
				commissioner shall consider the following factors:
(1) toxicity of the pollutant(s);
(2) quantity of the pollutant(s) used,
				produced, or discharged;
(3)
				history of NPDES permit violations;
(4) history of significant leaks or spills of
				toxic or hazardous pollutants;
(5)
				potential for adverse impact on public health, e.g., proximity to a public
				water supply or the environment, e.g., proximity to a sport or commercial
				fishery; and
(6) any other factors
				determined to be relevant to the control of toxic or hazardous pollutants. BMP
				requirements which may be imposed under this subsection include, without
				limitation, dikes and other containment structures, stormwater diversion
				structures, and similar measures as well as operational practices such as
				periodic plant inspections, preventive maintenance, and plant
				housekeeping.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 10 - Additional Treatment Requirements › Section 10-1 - Purpose

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-3
Affected: IC 13-18-4; IC 13-18-19
Sec. 1.
This rule ( 327 IAC 5-10 ) establishes treatment
				  requirements which are applicable to certain discharges of pollutants in
				  addition to any other treatment requirements and effluent limitations imposed
				  under this article (327 IAC 5). Where applicable, such additional treatment
				  requirements shall be implemented through the inclusion of effluent limitations
				  and other appropriate terms and conditions in the discharger's NPDES permit
				  pursuant to section 301(b)(1)(C) of the CWA and
				  327 IAC
				  5-2-10(a)(4).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 10 - Additional Treatment Requirements › Section 10-2 - Phosphorus removal

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC
				  13-18-4; IC
				  13-18-19
Sec. 2.
(a)
				Phosphorus removal or control facilities shall be required for a point source
				discharge where:
(1)
(A) the daily discharge, as a monthly
				average, contains ten (10) pounds or more of total phosphorus (calculated as
				elemental phosphorus - P); and
(B)
(i) the discharge is located within the Lake
				Michigan or Lake Erie Basins; or
(ii) the discharge directly enters a lake or
				reservoir or enters a tributary within forty (40) miles upstream of a lake or
				reservoir; or
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 10 - Additional Treatment Requirements › Section 10-3 - Controlled discharges

Current through July 10, 2024
Authority: IC 13-13-5; IC 13-14-8; IC 13-14-9; IC 13-15-1-2;
				  IC 13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4
Sec. 3.
(a) For all
				new and existing municipal-type wastewater treatment plants (including POTWs,
				state owned facilities, and semipublic facilities) with multiple cell waste
				stabilization ponds operating as controlled discharges (facilities which
				provide treatment by use of constructed wetlands may be included with this
				group, so long as other requirements are met), a discharge may occur at any
				time, provided a minimum dilution ratio with the receiving stream of 10:1 (ten
				(10) parts stream water to one (1) part effluent) is maintained. Dilution ratio
				is to be determined by measuring actual flow of the receiving stream upstream
				of the treatment plant discharge and then regulating the plant's discharge flow
				such that the discharge rate does not exceed one-tenth
				(1/10) of the measured stream
				flow. Plants operated in this manner are subject to the alternative effluent
				limitations contained in
				327 IAC
				5-5-3(b). In addition, water
				quality-based limitations for ammonia or any other toxic substance may be
				included in the permit if ammonia or the toxic substance is or may be
				discharged at a level that will cause, have the reasonable potential to cause,
				or contribute to an excursion above any applicable narrative or numeric water
				quality criteria or value promulgated under 327 IAC 2-1 or 327 IAC
				2-1.5.
(b) Upstream flow is to be
				measured using a gauging station which is calibrated at least annually. If a
				USGS gauging station is not available, the permittee is required to install and
				maintain a gauging station which is calibrated by a temporary or permanent flow
				measuring device.
(c) Treatment
				facilities which are designed and operated as controlled discharge plants
				(multicelled) and which are not either hydraulically or organically overloaded
				are not required to provide disinfection of their effluent due to the natural
				attrition of fecal-type bacteria resulting from the long retention
				time.
(d) The construction of any
				new controlled discharge waste stabilization pond-type treatment plant with a
				discharge either directly to a lake or reservoir (either natural or manmade
				impoundments) or within two (2) miles upstream of such generally will not be
				approved.
(e) It is understood,
				however, that there may be cases in which there is no other treatment
				alternative within the financial capability of the prospective discharger and a
				controlled discharge must be considered. In these cases an in-depth review by
				the office of water management will be necessary to determine which conditions
				are applicable and what effects the discharge will have in each individual
				case.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 10 - Additional Treatment Requirements › Section 10-4 - Lake dischargers and sinkhole dischargers

Current through July 10, 2024
Authority: IC 13-13-5; IC 13-14-8; IC 13-14-9; IC 13-15-1-2;
				  IC 13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4
Sec. 4.
(a) The
				following effluent limitations apply to all POTWs or other sanitary discharges
				directly to lakes or reservoirs (either natural or manmade impoundments) or
				within two (2) miles upstream from such a waterbody, and to discharges of
				sanitary wastewater directly to sinkholes, underground streams, or to surface
				streams within two (2) miles upstream of such features (where a discharge of
				industrial process wastewater contains a sanitary component, these standards
				apply only to the sanitary component of such discharges):
(1) Concentrations table as follows:
Pollutant
Monthly Average Concentrations (mg/l)
Weekly Average Concentrations (mg/l)
CBOD5
10
15
Total Suspended Solids (TSS)
12
18
T. Ammonia, as N
Summer (May through November)
1.1
1.6
Winter (December through April)
1.6
2.4
(2)
				Ammonia nitrogen limitations are derived using conservation of mass principles,
				assuming no stream flow dilution (Q7,10) and using the
				criteria contained in
				327 IAC
				2-1-6(b)(5)(A), using year-round
				stream pH of seven and eight-tenths (7.8) s.u., instream temperature of
				twenty-five degrees Celsius (25°C) summer, ten degrees Celsius (10°C)
				winter, with the results rounded to the nearest one-tenth (0.1) milligram per
				liter. If the receiving stream is regulated by criteria contained in
				327 IAC
				2-1-6(b)(5)(B)  through
				327 IAC
				2-1-6(b)(5)(D)  or
				327 IAC
				2-1.5-8, these criteria will be used to determine
				water quality-based effluent limitations for ammonia in lieu of the criteria in
				subdivision (1) to derive appropriate ammonia nitrogen limitations.
(3) Dissolved oxygen in the effluent from any
				facility deemed to be a lake discharger or sinkhole discharger shall not fall
				below six (6.0) milligrams per liter minimum daily average.
(4) Notwithstanding the provisions of section
				2(a) of this rule, effluent phosphorus for any lake discharger shall not exceed
				one (1.0) milligram per liter.
(5)
				In addition, water quality-based limitations for any other toxic substance may
				be included in the permit if the toxic substance is or may be discharged at a
				level which will cause, have the reasonable potential to cause, or contribute
				to an excursion above any applicable narrative or numeric water quality
				criteria or value promulgated under 327 IAC 2-1 or 327 IAC
				2-1.5.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 10 - Additional Treatment Requirements › Section 10-6 - Disinfection requirements

Current through July 10, 2024
Authority: IC 13-13-5; IC 13-14-8; IC 13-14-9; IC 13-15-1-2;
				  IC 13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4
Sec. 6.
(a)
				Disinfection is required of all sanitary wastewater discharges on an annual
				basis for the period of April 1 through October 31 except multicelled waste
				stabilization ponds that are:
(1) adequately
				designed and operated;
(2) not
				either hydraulically or organically overloaded; and
(3) in compliance with the provisions of
				section 3(c) of this rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 10 - Additional Treatment Requirements › Section 10-7 - Connection and regionalization

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18
Affected: IC
				  13-18-4; IC
				  13-18-15; IC
				  13-18-19
Sec. 7.
(a) If the
				commissioner finds it is in the interest of the health, safety, convenience,
				and welfare of the residents of any area, any person, publicly or semipublicly
				owned sewage treatment systems may be ordered to connect to and/or receive and
				treat sewage from any other person or from an industry, shopping center, mobile
				home park, school, or housing development when such service and use will not
				result in irreparable injury to the receiving equipment or make impossible the
				rendering of the service previously rendered to the users of such equipment.
				The persons involved shall negotiate the terms for such connection and service,
				in accordance with the terms of IC
				13-18-15.
(b) Any new school, mobile home park, motel,
				motor court, or motor hotel shall dispose of sewage through the use of a public
				sewerage system if the sewerage system is available within a reasonable
				distance from the facility.
(c) Any
				existing school, mobile home park, motel, motor court, or motor hotel with a
				direct discharge of sewage, as authorized by an NPDES permit shall connect to a
				public sewerage system, discontinue the direct discharge, and abandon their
				wastewater treatment plant if a public sewerage system becomes available at any
				time within a reasonable distance from the facility. In this instance,
				"reasonable distance" is related to cost. The intent of this provision is to
				encourage the entities mentioned in this section to compare the cost of
				connecting to a sewerage system against the cost to build or upgrade and
				operate a sewage treatment plant.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 16 - General Provisions › Section 16-1 - Purpose and objectives

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. 1.
(a) The
				pretreatment rules establish a state program to control the discharge of
				industrial pollutants into publicly owned treatment works (POTWs), as defined
				in
				327
				IAC 5-1.5-48, to implement 40 CFR 403 and related
				provisions of the federal Clean Water Act,
				33 U.S.C.
				1251.
(b) The state pretreatment program has the
				following three (3) objectives:
(1) To
				prevent the introduction of pollutants into a POTW that will interfere with the
				operation of a POTW, including interference with the use or disposal of
				municipal sludge.
(2) To prevent
				the introduction of pollutants into a POTW that will pass through the treatment
				works without receiving effective treatment or otherwise be incompatible with
				such works.
(3) To improve
				opportunities to recycle and reclaim municipal and industrial wastewaters and
				sludges.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 16 - General Provisions › Section 16-2 - Local authority

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.
Nothing in the pretreatment rules is intended to affect any
				  pretreatment requirements, including any standards or prohibitions, established
				  by local ordinance of any political subdivision of the state as long as the
				  local requirements are not less stringent than any set forth in national
				  pretreatment standards or any other requirements or prohibitions established
				  under the Clean Water Act or the pretreatment rules.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 16 - General Provisions › Section 16-3 - Public access to information and confidentiality claims

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 5-14-3-8; IC 13-11-2; IC 13-13-5-1; IC
				  13-18-4
Sec. 3.
(a) The
				following shall be available to the public for inspection and copying without
				restriction during normal hours of operation and the fee assessed for copying
				costs shall be in accordance with the uniform copying fee authorized under IC
				5-14-3-8(c):
(1) Applications for IWP
				permits.
(2) Permits (draft and
				final).
(3) Statements of
				basis.
(4) Effluent data from
				industrial users.
(5) Submissions
				from POTWs transmitted to the department under this article.
(6) Public comments on requests for POTW
				pretreatment program approval or for authority to revise discharge limits for
				pollutants consistently removed by the POTW.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 16 - General Provisions › Section 16-4 - Enforcement

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 13-14-10; IC 13-18-4;
				  IC 13-30-3; IC 13-30-4
Sec. 4.
(a) A
				violation of the pretreatment rules may:
(1)
				subject a person causing or contributing to the violation to administrative or
				judicial enforcement proceedings, under IC 13-30-3, and the penalties provided
				under IC 13-30-4;
(2) be cause for:
(A) modification;
(B) revocation and reissuance; or
(C) termination;
of an industrial waste pretreatment permit or an NPDES
				  permit; and
(3)
				warrant the invocation of emergency procedures under IC 13-14-10.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 16 - General Provisions › Section 16-5 - Reporting requirements for POTWs and industrial users

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
Sec. 5.
(a) All POTWs
				and industrial users shall comply with the applicable reporting requirements of
				40 CFR
				403.12.
(b) The reporting requirements for an
				industrial user upon the effective date of a categorical pretreatment standard
				are as follows:
(1) An existing industrial
				user subject to the categorical pretreatment standards and currently
				discharging to or scheduled to discharge to a POTW shall submit to the control
				authority a baseline report that contains the information listed in subsection
				(c) within one hundred eighty (180) days after the:
(A) effective date of a categorical
				pretreatment standard; or
(B) final
				administrative decision made upon a category determination submission under
				40 CFR
				403.6(a)(4); whichever is
				later.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 16 - General Provisions › Section 16-5.3 - Additional reporting requirements for POTWs and industrial users

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; IC 13-18-11
Sec. 5.3.
(a) The
				reports required by
				40 CFR
				403.12 or
				327 IAC
				5-21-10 must be signed by one (1) of the following:
(1) A responsible corporate officer. As used
				in this section, "responsible corporate officer" means either of the following:
(A) A:
(i)
				president;
(ii)
				secretary;
(iii) treasurer;
				or
(iv) vice president; of the
				corporation in charge of a principal business function or any other person who
				performs similar policymaking or decision making functions for the
				corporation.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 16 - General Provisions › Section 16-5.5 - Annual POTW reports

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; IC
				  13-18-11
Sec. 5.5.
POTWs with approved pretreatment programs shall provide the
				  approval authority with an annual report that briefly describes the POTW's
				  program activities, including activities of all participating agencies, if more
				  than one (1) jurisdiction is involved in the local program. The report required
				  by this section must be submitted not later than one (1) year after approval of
				  the POTW's pretreatment program, and at least annually thereafter, and must
				  include, at a minimum, the following:
(1) An updated list of the POTW's industrial
				users, including their names and addresses, or a list of deletions and
				additions keyed to a previously submitted list. The POTW shall provide a brief
				explanation of each deletion. This list must:
(A) identify which industrial users are
				subject to categorical pretreatment standards;
(B) specify which standards are applicable to
				each industrial user; and
(C)
				indicate which industrial users are subject to local standards that are more
				stringent than the categorical pretreatment standards.
The POTW shall also list the industrial users that are
				  subject only to local requirements.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 16 - General Provisions › Section 16-6 - Upset

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) As used
				in this section, "upset" means an exceptional incident in which there is
				unintentional and temporary noncompliance with any pretreatment standards or
				requirements in 327 IAC 5-2 because of factors beyond the reasonable control of
				the industrial user. An upset does not include:
(1) noncompliance to the extent caused by
				operational error;
(2) improperly
				designed treatment facilities;
(3)
				inadequate treatment facilities;
(4) lack of preventive maintenance;
				or
(5) careless or improper
				operation.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 16 - General Provisions › Section 16-7 - Bypass

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) The
				following definitions apply throughout this section:
(1) "Bypass" means the intentional diversion
				of waste streams from any portion of an industrial user's treatment
				facility.
(2) "Severe property
				damage" means substantial physical damage to property, damage to the treatment
				facilities that causes them to become inoperable, or substantial and permanent
				loss of natural resources that can reasonably be expected to occur in the
				absence of a bypass. Severe property damage does not mean economic loss caused
				by delays in production.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-1 - Applicability

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.
In addition to the applicable definitions contained in 327
				  IAC 5-1.5 and
				  327
				  IAC 5-2-11(a), the definitions in
				  this rule apply to the pretreatment rules.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-1.5 - "Approval authority" 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; IC
				  13-18-11
Sec. 1.5.
"Approval authority" means the appropriate regional
				  administrator in a NPDES state without an approved state pretreatment
				  program.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-2 - "Approved POTW pretreatment program" 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. 2.
"Approved POTW pretreatment program" means a program
				  administered by a publicly owned treatment works that meets the criteria
				  established in
				  327 IAC
				  5-19-3 and that has been approved by the regional
				  administrator or the commissioner in accordance with
				  327
				  IAC 5-19-5.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-2.5 - "Best management practices" or "BMP" 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; IC
				  13-18-11
Sec. 2.5.
"Best management practices" or "BMP" means the
				  following:
(1) Schedules of
				activities.
(2) Prohibitions of
				practices.
(3) Maintenance
				procedures and other management practices to implement the prohibitions listed
				in
				40 CFR
				403.5(a)(1) and
				40 CFR
				403.5(b).
(4) Treatment requirements.
(5) Operating procedures.
(6) Practices to control any of the
				following:
(A) Plant site runoff.
(B) Spillage or leaks.
(C) Sludge or waste disposal.
(D) Drainage from raw materials
				storage.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-3 - "Categorical pretreatment standards" 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. 3.
"Categorical pretreatment standards" means national
				  pretreatment standards, specifying quantities or concentrations of pollutants
				  or pollutant properties that may be discharged or introduced to a POTW by an
				  existing or new industrial user in a specific industrial subcategory, that are
				  established by U.S. EPA, 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)) as separate regulations under the appropriate subpart of 40 CFR
				  Chapter I, Subchapter N. The categorical pretreatment standards are
				  incorporated by reference at
				  327 IAC
				  5-2-1.5.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-4 - "Commissioner" 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. 4.
"Commissioner" means the commissioner of the Indiana
				  department of environmental management.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-5 - "Control authority" 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. 5.
"Control authority" means the commissioner or, in the case of
				  a POTW with an approved POTW pretreatment program, the POTW.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-6 - "Discharge" 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. 6.
"Discharge" means the introduction of pollutants into a POTW
				  from any nondomestic source regulated under Section 307(b), 307(c), or 307(d)
				  of the Clean Water Act (
				  33 U.S.C.
				  1317(b),
				  33 U.S.C.
				  1317(c), or
				  33 U.S.C.
				  1317(d) ).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-7 - "Existing source" 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. 7.
"Existing source" means an industrial user that is not a new
				  source.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-8 - "Four (4) day average discharge" 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. 8.
"Four (4) day average discharge" means the calculated result
				  of totaling the mass or average concentration of all daily discharges sampled
				  or measured during four (4) consecutive sampling days, though not necessarily
				  consecutive calendar days, divided by the number of daily discharges sampled or
				  measured.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-9 - "Industrial user" 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. 9.
"Industrial user" means an indirect discharger pursuant to
				  327 IAC
				  5-1.5-25.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-10 - "Industrial wastewater pretreatment permit" or "IWP permit" 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. 10.
"Industrial wastewater pretreatment permit" or "IWP permit"
				  means a permit issued directly by the commissioner to an industrial user. An
				  IWP permit is not a permit issued by a POTW to an industrial
				  user.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-11 - "Interference" 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. 11.
(a)
				"Interference" means a discharge that, alone or in conjunction with a discharge
				or discharges from other sources, inhibits or disrupts the:
(1) treatment processes or
				operations;
(2) sludge processes;
				or
(3) selected sludge:
(A) use; or
(B) disposal methods;
of a POTW.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-12 - "National pretreatment standard" 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. 12.
"National pretreatment standard" means any regulation that
				  applies to industrial users and contains pollutant discharge limits promulgated
				  by U.S. EPA in accordance with Section 307(b) and 307(c) of the federal Clean
				  Water Act (
				  33 U.S.C.
				  1317(b) * and
				  33 U.S.C.
				  1317(c) )*.
*These documents are incorporated by reference. Copies of
				  these publications 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 17 - Definitions; Pretreatment Rules › Section 17-13 - "New source" 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. 13.
(a) "New
				source" means any building, structure, facility, or installation that is
				discharging or may discharge pollutants, and its construction commenced after
				the publication of proposed pretreatment standards under Section 307(c) of the
				Clean Water Act (
				33 U.S.C.
				1317(c) ) that will be
				applicable to the source, if those standards are thereafter promulgated in
				accordance with Section 307(c) of the Clean Water Act, provided one (1) of the
				following conditions is met:
(1) The
				building, structure, facility, or installation is constructed at a site where
				no other source is located.
(2) The
				building, structure, facility, or installation totally replaces the process or
				production equipment that causes the discharge of pollutants at an existing
				source.
(3) The production of
				wastewater generating processes of the building, structure, facility, or
				installation is substantially independent of an existing source at the same
				site. In determining whether these processes are substantially independent, the
				following factors will be considered:
(A) The
				extent to which the new facility is integrated with the existing
				plant.
(B) The extent to which the
				new facility is engaged in the same general type of activity as the existing
				source.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-14 - "Overflow" 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. 14.
"Overflow" means the intentional or unintentional diversion
				  of wastewater flow from a POTW prior to the wastewater entering the POTW
				  treatment plant.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-15 - "Pass through" 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. 15.
"Pass through" means a discharge proceeding through a POTW
				  into waters of the state in quantities or concentrations that, alone or in
				  conjunction with a discharge or discharges from other sources, are a cause of a
				  violation of any requirement of the POTW's NPDES permit, including an increase
				  in the magnitude or duration of a violation.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-16 - "Pollutant removal" 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. 16.
"Pollutant removal" means, with respect to a pollutant in the
				  influent to a POTW, reduction in the amount of the pollutant or alteration in
				  the nature of the pollutant to a less toxic or a more harmless state in the
				  effluent. The reduction or alteration can be obtained by physical, chemical, or
				  biological means and may be the result of specifically designed POTW
				  capabilities or it may be incidental to the operation of the treatment system.
				  Removal shall not mean dilution or volatilization of a pollutant in the POTW or
				  its sewer system.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-17 - "POTW" or "publicly owned treatment works" 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. 17.
"POTW" or "publicly owned treatment works" means a treatment
				  works as defined by Section 212(2) of the Clean Water Act owned by the state or
				  a municipality (as defined by Section 502(4) of the Clean Water Act), except
				  that it does not include pipes, sewers, or other conveyances not connected to a
				  facility providing treatment. The term includes any devices and systems used in
				  the storage, treatment, recycling, and reclamation of municipal sewage or
				  compatible industrial wastes. It also includes sewers, pipes, and other
				  conveyances only if they convey wastewater to a POTW treatment plant. The term
				  also means the municipality, as defined by Section 502(4) of the Clean Water
				  Act, that has jurisdiction over the indirect discharges to and the discharges
				  from such a treatment works.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-18 - "Pretreatment" 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. 18.
"Pretreatment" means the reduction of the amount of
				  pollutants, the elimination of pollutants, or the alteration of the nature of
				  pollutant properties in wastewater prior to, or in lieu of, discharging or
				  otherwise introducing such pollutants into a POTW. The reduction or alteration
				  can be obtained by physical, chemical, or biological processes, process
				  changes, or by other means, except dilution, as prohibited by
				  327 IAC
				  5-18-4(f).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-19 - "Pretreatment 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. 19.
"Pretreatment requirements" means any substantive or
				  procedural requirement related to pretreatment, other than a pretreatment
				  standard, imposed on an industrial user.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-20 - "Pretreatment rules" 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. 20.
"Pretreatment rules" means the rules contained in 327 IAC
				  5-16, this rule, and 327 IAC 5-18 through 327 IAC 5-21.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-21 - "Pretreatment standards" 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. 21.
"Pretreatment standards" means:
(1) state pretreatment standards as
				established in
				327 IAC
				5-18-8;
(2) pretreatment standards for prohibited
				discharges, as established in
				327 IAC
				5-18-2; and
(3) national categorical pretreatment
				standards incorporated by reference in
				327 IAC
				5-2-1.5.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 17 - Definitions; Pretreatment Rules › Section 17-22 - "Removal credit" 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. 22.
"Removal credit" means a revision in a discharge limit from a
				  categorical standard to reflect consistent removal of a pollutant under the
				  pretreatment rules.