Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.5 - Water Quality Standards Applicable to All State Waters Within the Great Lakes System › Section 1.5-8 - Minimum surface water quality criteria

Current through July 10, 2024
Authority: IC 13-14-8-2; IC 13-14-8-3; IC 13-18-4-3
Affected: IC 13-11-2-258; IC 13-18-4; IC 13-30-2-1; IC
				  14-22-9
Sec. 8.
(a) All
				surface water quality criteria in this section, except those provided in
				subsection (b)(1), are not applicable when the stream flows are less than the
				applicable stream design flow for the particular criterion as determined under
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				IAC 5-2-11.4.
(b) The following are minimum surface water
				quality conditions:
(1) All surface waters
				within the Great Lakes system, including waters within a mixing zone, must be
				free from substances, materials, floating debris, oil, or scum attributable to
				municipal, industrial, agricultural, and other land use practices, or other
				discharges that do any of the following:
(A)
				Settle to form putrescent or otherwise objectionable deposits.
(B) Occur in amounts sufficient to be
				unsightly or deleterious.
(C)
				Produce:
(i) color;
(ii) visible oil sheen;
(iii) odor; or
(iv) other conditions; to an extent that
				creates a nuisance.
(D)
				Occur in concentrations or combinations that will cause or contribute to the
				growth of aquatic plants or algae to a degree as to:
(i) create a nuisance;
(ii) be unsightly; or
(iii) otherwise impair the designated uses of
				the surface waters.
(E)
				Occur in amounts sufficient to be acutely toxic to, or to otherwise severely
				injure or kill, aquatic life, other animals, plants, or humans. To ensure
				protection of aquatic life, the surface waters must meet the following
				requirements:
(i) Concentrations of toxic
				substances must not exceed the CMC or SMC outside the zone of initial dilution
				or the final acute value (FAV = 2 (CMC) or 2 (SMC)) in the undiluted discharge
				unless, for a discharge to a receiving stream or Lake Michigan, an alternate
				mixing zone demonstration is conducted and approved in accordance with
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				IAC 5-2-11.4(b)(4), in which case,
				the CMC or SMC must be met outside the applicable alternate mixing zone. The
				following apply where applicable:
(AA) For
				certain substances, a CMC is specified in:
(aa) subdivision (3), Table 8-1, which
				incorporates subdivision (4), Table 8-2; and
(bb) subdivision (5).
(BB) For substances for which a CMC is not
				specified in subdivision (3), Table 8-1, subdivision (4), Table 8-2, or
				subdivision (5):
(aa) a CMC must be calculated
				by the commissioner using the procedures in section 11 of this rule;
				or
(bb) if the minimum data
				requirements to calculate a CMC are not met, an SMC must be calculated using
				the procedures in section 12 of this rule.
(CC) The CMC or SMC determined under subitem
				(AA) or (BB) may be modified on a site-specific basis to reflect local
				conditions in accordance with section 16 of this rule.
(ii) A discharge must not cause acute
				toxicity, as measured by whole effluent toxicity tests, at any point in the
				waterbody. Compliance with this criterion is demonstrated if a discharge does
				not exceed one and zero-tenths (1.0) TUa in the
				undiluted discharge. For a discharge into a receiving stream or Lake Michigan,
				for which an alternate mixing zone demonstration is conducted and approved in
				accordance with
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				IAC 5-2-11.4(b)(4), compliance with
				this criterion is demonstrated if three-tenths (0.3) TUa
				is not exceeded outside the applicable alternate mixing
				zone.
(F) Clause (E) does
				not apply to the chemical control of plants and animals when that control is
				performed in compliance with approval conditions specified by the Indiana
				department of natural resources as provided by IC 14-22-9.