reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 4 - Confidentiality Claims › Section 4-1 - Confidentiality claims

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 13-14-11-3; IC 24-2-3-2
Sec. 1.
(a) A person
				submitting information to the department for which confidential treatment is
				requested shall make a written claim of confidentiality under subsections (c)
				and (d) at the time of submittal of the information.
(b) A person may request confidential
				treatment of information at the time the information is acquired through the
				actions of the department, such as inspections. The written claim for
				confidential treatment may be broad, but must be sufficiently clear to allow
				for accurate identification of the information claimed to be confidential. The
				supporting information required under subsection (d) must be submitted to the
				commissioner within five (5) working days from the time the information claimed
				as confidential is acquired by the department.
(c) A person submitting a claim of
				confidentiality shall designate and segregate the information and the
				supporting information to which the claim applies in a manner that is
				sufficiently clear to allow the department to identify all confidential claim
				materials. One (1) of the following methods shall be used to indicate that the
				information and any of the supporting information under subsection (d) is
				claimed as confidential:
(1) Attaching a
				cover sheet instructing which information is to be treated as
				confidential.
(2) Marking each page
				or item of information as:
(A)
				confidential;
(B) confidential
				claim material;
(C) trade secrets;
				or
(D) confidential business
				information.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 5 - Types of Confidential Information › Section 5-1 - Information accessible by the public

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  5-14-3-4
Sec. 1.
In accordance with IC
				  5-14-3-4(a),
				  the following types of information shall not be determined to be
				  confidential:
(1) Effluent
				data.
(2) A standard or
				limitation.
(3) Information that
				deals with the existence, absence, or level of contaminants in drinking
				water.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 6 - Determinations on Claim of Confidentiality › Section 6-1 - Determinations

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC 4-21.5; IC
				  5-14-3-4;
				  IC 13-14-11
Sec. 1.
The commissioner shall make a determination on a claim of
				  confidentiality submitted after the effective date of this article in
				  accordance with this article. The determination shall be made in accordance
				  with IC
				  5-14-3-4
				  and IC 13-14-11.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 6 - Determinations on Claim of Confidentiality › Section 6-2 - Request for additional supporting information

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 4-21.5-3-1; IC 13-14-11
Sec. 2.
(a) The
				commissioner may request additional supporting information regarding a claim of
				confidentiality. Any additional supporting information claimed as confidential
				shall be treated as confidential until the commissioner makes a determination
				as required by section 1 of this rule.
(b) If the commissioner intends to make a
				determination to deny a claim of confidentiality, the commissioner shall notify
				the person in writing by certified mail, with return receipt requested, stating
				the following:
(1) Additional supporting
				information must be submitted in accordance with
				327 IAC
				12.1-4-1(c).
(2) The person has fifteen (15) days from the
				date of receipt of the notice to respond.
(3) A submission shall be completed in the
				time frames and by the methods specified by IC
				4-21.5-3-1
				(h). The person shall notify the department by telephone or facsimile within
				the fifteen (15) day period under subdivision (2) that additional supporting
				information has been mailed or deposited with a private carrier.
(4) Failure to submit any additional
				supporting information within fifteen (15) days under subdivision (2) or within
				the time allowed under subsection (d) to provide additional information in
				support of the claim, will result in a determination based on the information
				and any supporting information already received.
(5) Any additional supporting information
				claimed as confidential shall be treated as confidential until the commissioner
				makes a determination as required by section 1 of this rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 6 - Determinations on Claim of Confidentiality › Section 6-3 - Approval determination

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 4-21.5; IC 13-14-11
Sec. 3.
(a) If the
				commissioner determines that the information shall be held confidential for the
				full period requested by the person who made the claim under
				327 IAC
				12.1-4-1(d), the commissioner shall
				do all of the following:
(1) Notify the
				person in writing of the determination.
(2) Maintain the information as confidential
				for the period requested under
				327 IAC 12.1-4-1(d)
				 unless ordered by a court of competent
				jurisdiction to permit access to the information for inspection and
				copying.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 6 - Determinations on Claim of Confidentiality › Section 6-4 - Denial of claim

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 4-21.5; IC 13-14-11
Sec. 4.
If the commissioner determines that the information is not
				  confidential based on 327 IAC 12.1-4, the commissioner shall notify the person
				  who submitted the claim of such determination. The notice shall be in writing,
				  sent certified mail, with return receipt requested, and shall state the
				  following:
(1) The basis for the
				determination.
(2) Notice that the
				person may appeal the commissioner's determination.
(3) The procedure for appealing the
				commissioner's determination, including the time period provided by IC
				4-21.5.
(4) Notice that if the
				determination is timely appealed, the information shall be treated as
				confidential until the petition for review is denied or the commissioner is
				ordered not to treat the information as confidential.
(5) Notice that unless the person timely
				appeals the determination, the information shall be made available to the
				public.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 6 - Determinations on Claim of Confidentiality › Section 6-5 - Modification of determinations

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. 5.
(a) The
				commissioner's determination that information is confidential shall continue in
				effect for the period of time specified in the determination under section 3 of
				this rule unless the commissioner issues a revised determination stating that
				the determination under section 1 of this rule no longer accurately describes
				the information's confidentiality due to any of the following:
(1) Change in applicable law.
(2) Newly-discovered or changed
				facts.
(3) A clearly erroneous
				previous determination.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 7 - Appeals › Section 7-1 - Administrative appeal

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  4-21.5-3
Sec. 1.
An appeal of a determination shall be:
(1) in accordance with IC
				4-21.5-3 and rules of the office of
				environmental adjudication; and
(2)
				made by filing a written petition for review with the office of environmental
				adjudication in accordance with IC
				4-21.5-3. A copy of the petition
				shall be served on the commissioner concurrent with such filing.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 7 - Appeals › Section 7-2 - Judicial review

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  4-21.5-5
Sec. 2.
Judicial review of a final order of the environmental law
				  judge shall be in accordance with IC
				  4-21.5-5.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 8 - Authorized Disclosure of Confidential Information › Section 8-1 - Authorized disclosure of confidential information

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  13-14-11-6
Sec. 1.
Confidential information may be disclosed by the department
				  only in accordance with IC
				  13-14-11-6.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 9 - Wrongful Disclosure Penalties › Section 9-1 - Wrongful disclosure penalties

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  5-14-3-3;
				  IC
				  5-14-3-10;
				  IC 13-14-11; IC
				  35-50-3-2
Sec. 1.
Penalties for wrongful disclosure of confidential
				  information are contained in IC
				  5-14-3-10.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 12.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 10 - Confidentiality Agreements › Section 10-1 - Confidentiality agreements

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-14-11-5;
				  IC 13-18-3
Affected: IC
				  5-14-3-10
Sec. 1.
(a) Persons
				employed, contracted, or subcontracted by the department, prior to accessing or
				being granted access to confidential information, must execute a
				confidentiality agreement enforceable by:
(1)
				the state; and
(2) the submitter of
				the information.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 1 - General Provisions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4
Sec. 1.
(a) Except
				as provided in subsection (b), this article applies to a general permit that is
				either:
(1) allowed through compliance with
				the applicable requirements in this article; or
(2) issued administratively by the
				department.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 1 - General Provisions › Section 1-2 - Definitions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4
Sec. 2.
In addition to the definitions contained in IC 13-11-2 and
				  327 IAC 5-1.5, the
				  following definitions apply throughout this article:
(1) "Existing discharge" means any point
				source discharge of process or stormwater that occurs either continuously or
				intermittently from a property at the time coverage under an individual NPDES
				permit or NPDES general permit is sought.
(2) "General permit boundary" means an area
				that, based upon existing geographic or political boundaries, indicates the
				area where a facility affected by an applicable general permit or this article
				is located.
(3) "Individual NPDES
				permit" means an NPDES permit that:
(A) is
				issued to one (1) facility; and
(B)
				contains requirements specific to that facility.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 1 - General Provisions › Section 1-3 - Request for data

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC 13-11-2; IC
				  13-18-3-15;
				  IC 13-18-4
Sec. 3.
(a) In a
				general permit issued under this article, the commissioner may require a person
				who is subject to this article to:
(1)
				establish and maintain records;
(2)
				make reports;
(3) install, use, and
				maintain monitoring equipment or methods (including, where appropriate,
				biomonitoring methods);
(4) sample:
(A) effluents;
(B) internal wastestreams, where appropriate;
				or
(C) other material;
				and
(5) provide other
				data, including, at a minimum:
(A) raw
				materials;
(B) catalysts;
(C) intermediate products;
(D) byproducts;
(E) production rates; and
(F) related process information; at the
				locations, times, and in the manner that the commissioner may reasonably
				prescribe.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 2 - Basic NPDES General Permit Rule Requirements › Section 2-2 - NPDES general permit requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4; IC 13-18-12-9
Sec. 2.
(a) The
				commissioner may regulate the following discharges under an NPDES general
				permit, consistent with the federal NPDES permit program administered by the
				U.S. EPA:
(1) Stormwater discharges associated
				with industrial activity, as defined in
				40
				CFR 122.26(b)(14) consistent
				with the EPA 2015 NPDES Multi-Sector General Permit for Stormwater Discharges
				Associated with Industrial Activity.
(2) Stormwater discharges associated with
				construction activity consistent with the U.S. EPA 2017 NPDES General Permit
				for Discharges from Construction Activities.
(3) Small municipal separate storm sewer
				system discharges consistent with U.S. EPA's general permit requirements for
				small municipal separate storm sewer systems (MS4s) in 40 CFR 122, Subpart
				B.
(4) Discharges of pesticides to
				waters of the state consistent with U.S. EPA's NPDES Pesticide General Permit
				(PGP) for Point Source Discharges to Waters of the United States from the
				Application of Pesticides.
(5)
				Discharges of treated sewage from on-site residential sewage discharging
				disposal systems within the Allen County on-site waste management district for
				which an operating permit has been issued pursuant to IC 13-18-12-9.
(6) Discharges of wastewater from ground
				water petroleum remediation systems into surface waters of the state.
(7) Discharges of wastewater from hydrostatic
				testing of commercial pipelines into surface waters of the state.
(8) Once through noncontact cooling water
				into surface waters of the state.
(9) Discharges of wastewater from petroleum
				products terminals into surface waters of the state.
(10) Discharges of process wastewater and pit
				dewatering water from facilities involved in sand, gravel, dimension stone, or
				crushed stone operations into surface waters of the state.
(11) Discharges from facilities engaged in
				the mining of coal, coal processing, and reclamation activities.
(12) Categories or subcategories of
				discharges that:
(A) involve the same or
				substantially similar types of operations;
(B) discharge the same types of
				wastes;
(C) require the same
				effluent limitations, or operating conditions; and
(D) require the same or similar monitoring
				requirements.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 2 - Basic NPDES General Permit Rule Requirements › Section 2-2.3 - Public notice and comment

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC 13-11-2; IC
				  13-18-3-15;
				  IC 13-18-4
Sec. 2.3.
The commissioner shall make draft general permits available
				  for public comment for not less than thirty (30) days, consistent with Section
				  402 of the Clean Water Act (
				  33 U.S.C.
				  1342 ).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 2 - Basic NPDES General Permit Rule Requirements › Section 2-3 - Applicability requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC 13-11-2; IC
				  13-18-3-15;
				  IC 13-18-4
Sec. 3.
(a) A
				general permit may regulate all designated categories of discharges for which a
				general permit exists except:
(1) as provided
				under section 6 or 9 of this rule or the applicable general permit;
				and
(2) discharges meeting the
				applicability requirements of a general permit that are already subject to
				individual NPDES permits prior to the effective date of a general
				permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 2 - Basic NPDES General Permit Rule Requirements › Section 2-5 - Notice of intent

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4
Sec. 5.
(a) Except
				as provided in
				40
				CFR 122.28(b)(2)(v) *, a
				person seeking to obtain coverage under a general permit shall submit an NOI in
				accordance with the requirements of the applicable general permit.
(b) An NOI shall be submitted to the
				commissioner by the time specified in the applicable general permit.
*This document is incorporated by reference. Copies may be
				  obtained from the Government Publishing Office,
www.gpo.gov
, or are available for review at the
				  Indiana Department of Environmental Management, Office of Legal Counsel,
				  Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue,
				  Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 2 - Basic NPDES General Permit Rule Requirements › Section 2-6 - Exclusions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4
Sec. 6.
(a) Except
				as provided in subsection (b), an individual NPDES permit issued under 327 IAC
				5 is required for a discharge:
(1) to a
				receiving stream identified as an:
(A)
				outstanding state resource water, as defined in IC 13-11-2-149.6; or
(B) outstanding national resource water, as
				defined in IC 13-11-2-149.5; or
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 2 - Basic NPDES General Permit Rule Requirements › Section 2-8 - Transferability of permit responsibility and coverage

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC 4-22-2; IC 13-11-2; IC 13-18-4
Sec. 8.
(a) Unless
				otherwise stated in an applicable general permit or this article,
				responsibility for the NOI submission requirements and the applicable general
				permit may be transferred if the following occur:
(1) The current permittee notifies the
				commissioner at least thirty (30) days in advance of the proposed transfer date
				in subdivision (2).
(2) A written
				agreement containing a specific date for transfer of permit responsibility and
				coverage between the current permittee and the transferee is submitted to the
				commissioner, including acknowledgment that the:
(A) existing permittee is liable for
				violations up to the date of transfer; and
(B) transferee is liable for violations from
				the date of transfer and afterward.
(3) The transferee certifies in writing to
				the commissioner the intent to operate the facility without making material and
				substantial:
(A) alterations; or
(B) additions; to the facility that would
				significantly change the nature or quantities of pollutants discharged.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 2 - Basic NPDES General Permit Rule Requirements › Section 2-9 - Requirements for an individual permit

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 4-21.5; IC 13-11-2; IC 13-18-3-15; IC
				  13-18-4
Sec. 9.
(a) The
				commissioner may require a person either with an existing discharge subject to
				the requirements of an applicable general permit or this article or who is
				proposing a discharge that would otherwise be subject to the requirements of an
				applicable general permit or this article to apply for and obtain an individual
				NPDES permit if one (1) or more of the following occurs:
(1) The applicable requirements contained in
				the applicable general permit or this article are not adequate to ensure
				compliance with:
(A) water quality standards
				under
				327
				IAC 2-1 or
				327
				IAC 2-1.5; or
(B) the provisions that implement water
				quality standards contained in 327 IAC 5.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 2 - Basic NPDES General Permit Rule Requirements › Section 2-10 - Prohibitions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC 13-11-2; IC
				  13-18-3-15;
				  IC 13-18-4
Sec. 10.
No general permit shall be issued where the terms and
				  conditions of the permit do not comply with the applicable guidelines and
				  requirements of:
(1) the Clean Water
				Act;
(2) effective regulations
				promulgated under the Clean Water Act;
(3) 327 IAC 2;
(4) 327 IAC 5; or
(5) this article.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 3 - NOI Requirements › Section 3-2 - Content requirements of an NOI

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4
Sec. 2.
The NOI shall include the following:
(1) Name, mailing address, and location of
				the facility for which the notification is submitted.
(2) Standard Industrial Classification (SIC)
				codes, as defined in 327 IAC 5, up to four (4) digits, that best represent the
				principal products or activities provided by the facility.
(3) The person's name, address, telephone
				number, e-mail address (if available), ownership status, and status as federal,
				state, private, public, or other entity.
(4) The latitude and longitude of the
				approximate center of the facility to the nearest fifteen (15) seconds, and, if
				the section, township, and range are provided, the nearest quarter section in
				which the facility is located.
(5)
				The name of receiving water, or, if the discharge is to a municipal separate
				storm sewer, the name of the municipal operator of the storm sewer and the
				ultimate receiving water.
(6) A
				description of how the facility complies with the applicability requirements of
				the applicable general permit.
(7)
				Any additional NOI information required by the applicable general
				permit.
(8) The NOI must be signed
				by a person meeting the signatory requirements in
				327 IAC 15-4-3(g)
				 and
				327 IAC
				15-4-3(h).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 3 - NOI Requirements › Section 3-3 - Deadline for submittal of an NOI; additional requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4
Sec. 3.
A person proposing a new discharge that will be subject to a
				  general permit shall submit an NOI to the department along with additional
				  information as required by the applicable general permit according to one (1)
				  of the following:
(1) On or before the
				submission deadline prescribed by the applicable general permit.
(2) If no deadline is prescribed by the
				applicable general permit, submission must be at least one hundred eighty (180)
				days before the date when the discharge is to commence.
(3) At a later date if it has been granted by
				the commissioner or is established in the applicable general permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 4 - Standard Conditions for NPDES General Permit Rules › Section 4-1 - General conditions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4; IC 13-18-11; IC 13-30-4-1;
				  IC 13-30-10
Sec. 1.
(a) A
				violation of this article constitutes a violation of the CWA and environmental
				management laws and is subject to enforcement under IC 13-30. A person who
				violates this article may be required to obtain an individual NPDES
				permit.
(b) In accordance with IC
				13-30-4-1, a person who:
(1) violates a rule
				or standard adopted by the board is subject to a civil penalty not to exceed
				twenty-five thousand dollars ($25,000) per day of each violation; or
(2) willfully or negligently violates:
(A) an applicable standard or
				limitation;
(B) an NPDES permit
				condition; or
(C) an NPDES filing
				requirement; is subject to criminal penalties under IC 13-30-10.
If the conviction is for a violation committed after a first
				  conviction of a person under this subsection, punishment must be a fine of not
				  more than fifty thousand dollars ($50,000) per day of violation, or by
				  imprisonment for not more than two (2) years, or both. Except as provided in
				  applicable general permit conditions on bypassing under section 2(c) of this
				  rule, and upsets under section 2(b)(3) of this rule, nothing in this article
				  shall be construed to relieve a person in violation of it from civil or
				  criminal penalties for noncompliance.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 4 - Standard Conditions for NPDES General Permit Rules › Section 4-2 - Management requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3; IC 13-18-4
Affected: IC 13-18
Sec. 2.
(a) A person
				regulated by an applicable general permit and this article shall, at all times:
(1) maintain in good working order;
				and
(2) efficiently operate;
				facilities and systems (and related appurtenances) for collection and treatment
				that are installed or used by the person and that are necessary for achieving
				compliance with the terms and conditions of the applicable general permit and
				this article.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 4 - Standard Conditions for NPDES General Permit Rules › Section 4-3 - Reporting requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4; IC 13-30
Sec. 3.
(a) A change
				in the information submitted in the NOI must be reported as soon as practicable
				to the commissioner. A change that is reasonably expected to alter the
				characteristics of the discharge regulated under a general permit must be
				reported prior to the change. Following the change notice, the commissioner may
				request the person to submit an application for an individual NPDES
				permit.
(b) Monitoring results must
				be reported at the intervals and in the form specified in the applicable
				general permit and this section.
(c) The following are requirements for
				twenty-four (24) hour reporting:
(1) A person
				regulated by a general permit shall orally report information to the office of
				water quality at (317) 232-8670 on the following types of noncompliance within
				twenty-four (24) hours from the time the person becomes aware of the
				noncompliance:
(A) An unanticipated bypass
				that exceeds an effluent limitation in the applicable general permit.
(B) Violation of a maximum daily discharge
				limitation for one (1) or more of the pollutants listed by the commissioner in
				the applicable general permit to be reported within twenty-four (24)
				hours.
(C) A noncompliance that may
				pose a danger to human health or the environment.
(D) An upset that exceeds an effluent
				limitation in the applicable general permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 6 - Storm Water Discharges Exposed to Industrial Activity › Section 6-1 - Purpose

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-1-2;
				  IC 13-15-2; IC
				  13-18-3; IC
				  13-18-4
Affected: IC
				  13-12-3-1; IC
				  13-18-1
Sec. 1.
The purpose of this rule is to establish requirements for
				  storm water discharges exposed to industrial activity that are composed
				  entirely of storm water and allowable nonstorm water to protect the public
				  health, existing water uses, and aquatic biota.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 6 - Storm Water Discharges Exposed to Industrial Activity › Section 6-3 - General permit rule boundary

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC 13-18-3; IC
				  13-18-4
Affected: IC 13-18
Sec. 3.
Facilities existing within the boundaries of the state of
				  Indiana affected by this rule are regulated under this rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 6 - Storm Water Discharges Exposed to Industrial Activity › Section 6-4 - Definitions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2; IC 13-18-3;
				  IC 13-18-4
Affected: IC 13-11-2; IC 13-12-3-1; IC 13-18-1
Sec. 4.
In addition to the definitions contained in IC 13-11-2, 327
				  IAC 5, and
				  327 IAC 15-1-2, the
				  following definitions apply throughout this rule:
(1) "Best management practices" or "BMPs"
				means any of the following measures to prevent or reduce the pollution of
				waters of the state:
(A) Schedules of
				activities.
(B) Prohibitions of
				practice.
(C) Treatment
				requirements.
(D) Operation and
				maintenance procedures.
(E) Use of
				containment facilities.
(F) Other
				management practices.
BMPs may be employed, for example, to control plant site
				  run-off, spillage or leaks, sludge or waste disposal, or drainage from raw
				  materials storage, resulting from regulated industrial activities.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 6 - Storm Water Discharges Exposed to Industrial Activity › Section 6-5 - Additional NOI letter requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2; IC 13-18-3;
				  IC 13-18-4
Affected: IC 13-12-3-1; IC 13-18-1
Sec. 5.
In addition to the NOI letter requirements under 327 IAC
				  15-3, the following information must be submitted with the NOI letter under
				  this rule:
(1) Name of responsible
				corporate officer or written authorization for an alternate individual or
				position to act as the duly authorized representative for that individual, if
				appropriate, who will be responsible for all signatory responsibilities for the
				facility under
				327 IAC
				15-4-3(g).
(2) Name and contact information of the
				individual who can provide assistance with information pertaining to the
				facility's permit.
(3) A brief
				narrative description of the industrial processes performed at the
				facility.
(4) Identification of the
				number and location of each outfall where storm water exposed to industrial
				activity discharges to a water of the state, including a narrative description
				of the industrial activity associated with the drainage area of each identified
				outfall.
(5) Identification of
				substantially similar outfalls of storm water identified in subdivision (4) and
				the outfall to be monitored as representative of all such discharges. Include
				an explanation of the rationale used to identify why certain outfalls are
				similar.
(6) The identification of
				past and present NPDES permits, if applicable.
(7) The identification of the regulated MS4
				entity receiving the storm water discharge, if applicable.
(8) Proof of publication of the following
				statement in the newspaper of largest circulation in the area of the discharge:
				"(Facility name, address, address of the location of the discharging facility,
				and the stream(s) receiving the discharge(s)) is submitting an NOI letter to
				notify the Indiana Department of Environmental Management of our intent to
				comply with the requirements under 327 IAC 15-6 to discharge storm water
				exposed to industrial activities.".
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 6 - Storm Water Discharges Exposed to Industrial Activity › Section 6-6 - Deadline for submittal of an NOI letter; additional information

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2; IC 13-18-3;
				  IC 13-18-4
Affected: IC 13-12-3-1; IC 13-18-1
Sec. 6.
All information required under 327 IAC 15-3 and section 5 of
				  this rule shall be submitted to the commissioner in accordance with
				  327
				  IAC 15-3-3. For newly constructed industrial
				  facilities, the NOI letter shall be submitted ninety (90) days prior to start
				  up of industrial operations. For existing industrial facilities regulated by
				  this rule, the NOI letter must be submitted in accordance with
				  327 IAC
				  15-2-9. For existing industrial facilities that have
				  not been regulated by this rule but now meet the applicability requirements of
				  this rule, the NOI letter must be submitted within ninety (90) days of the
				  effective date of this rule unless permission for a later date has been granted
				  by the commissioner.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 6 - Storm Water Discharges Exposed to Industrial Activity › Section 6-7 - General requirements for a storm water pollution prevention plan (SWP3)

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-1-2;
				  IC 13-15-2; IC
				  13-18-3; IC
				  13-18-4
Affected: IC
				  13-12-3-1; IC
				  13-18-1
Sec. 7.
(a) The
				person having financial responsibility or operational control for a facility
				regulated under this rule shall develop implement, update, and maintain a SWP3
				that:
(1) identifies potential sources of
				pollution that may reasonably be expected to affect the quality of storm water
				discharges exposed to industrial activity from the facility;
(2) describes practices and measures to be
				used in reducing the potential for pollutants to be exposed to storm
				water;
(3) assures compliance with
				the terms and conditions of this rule;
(4) lists, by position title, the member or
				members of a facility storm water pollution prevention team, who will be
				responsible for developing the storm water pollution prevention plan and
				assisting the facility or plant manager in its implementation, maintenance, and
				revision; and
(5) clearly
				identifies the responsibilities of each storm water pollution prevention team
				member.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 6 - Storm Water Discharges Exposed to Industrial Activity › Section 6-7.5 - Annual reports

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-1-2;
				  IC 13-15-2; IC
				  13-18-3; IC
				  13-18-4
Affected: IC
				  13-12-3-1; IC
				  13-18-1
Sec. 7.5.
A permittee regulated under this rule shall submit an annual
				  report to the commissioner that contains the following information:
(1) Any changes to the original NOI
				letter.
(2) Any changes to the
				facility, the facility's operations or industrial activities.
(3) During the second through fifth years of
				permit coverage, a copy of the comparison of all sampling data results included
				in the facility's SWP3 and required under section 7(b)(9) of this
				rule.
(4) Any additional BMPs
				implemented, or corrective measures taken, as a result of sampling data
				results.
The annual report must contain information obtained during
				  the previous year of regulation and be submitted initially no later than three
				  hundred sixty-five (365) days from the initial NOI submittal date or the
				  expiration date of the previous five (5) year permit term. Subsequent annual
				  report submittals shall be provided no later than three hundred sixty-five
				  (365) days from the previous report in years two (2) through five
				  (5).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 6 - Storm Water Discharges Exposed to Industrial Activity › Section 6-8 - Standard 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; IC 13-18-4
Affected: IC 13-18
Sec. 8.
In addition to the conditions set forth in this rule, the
				  standard conditions for the NPDES general permit rule under 327 IAC 15-4 shall
				  apply also to this rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 6 - Storm Water Discharges Exposed to Industrial Activity › Section 6-8.5 - Permit compliance schedule

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-1-2;
				  IC 13-15-2; IC
				  13-18-3; IC
				  13-18-4
Affected: IC
				  13-12-3-1; IC
				  13-18-1
Sec. 8.5.
The following compliance schedule must be followed:
Permit Compliance Schedule
To apply for coverage
Submit a completed NOI letter
1st year of permit coverage
Submit results of sampling data
Develop and implement the SWP3
Submit SWP3 certification checklist
Submit annual report
2nd year of permit coverage
Submit results of sampling data
Submit annual report
3rd year of permit coverage
Submit results of sampling data
Submit annual report
4th year of permit coverage
Submit results of sampling data
Submit annual report
5th year of permit coverage
Submit results of sampling data
Submit annual report
90 days before permit expires
Resubmit a completed NOI letter
Permit renewals
Repeat annual sampling schedule
Submit SWP3 certification checklist during the first
							 year of renewal coverage only if substantial changes have been made on site or
							 to the plan since its inception Submit annual reports
The compliance schedule begins from the date on the initial
				  NOI letter submittal or the expiration date of the previous five (5) year
				  permit term. All submittals to the commissioner must be sent to:
Indiana Department of Environmental Management
Office of Water Quality
100 North Senate Avenue, Room N1255
Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 6 - Storm Water Discharges Exposed to Industrial Activity › Section 6-9 - Inspection and enforcement

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-1-2;
				  IC 13-15-2; IC
				  13-18-3; IC
				  13-18-4
Affected: IC
				  13-12-3-1; IC
				  13-14-10; IC
				  13-15-7; IC
				  13-18-1; IC 13-30
Sec. 9.
(a) The
				commissioner or designated representative may inspect any facility regulated
				under this rule at any time. The storm water pollution prevention plan as
				required by section 7 of this rule and monitoring records as required by
				section 7.3 of this rule must be available on-site for review by the
				commissioner. The department or its designated representatives may make
				recommendations to the facility owner or its representative to install
				appropriate measures beyond those specified in the storm water pollution
				prevention plan to achieve compliance.
(b) The department shall investigate
				potential violations of this rule to determine which person may be responsible
				for the violation. The department shall, if appropriate, consider public
				records of ownership and other relevant information, which may include site
				inspections, storm water pollution prevention plans, notices of intent,
				contracts, and other information, related to the specific facts and
				circumstances of the potential violation.
(c) Any person causing or contributing to a
				violation of any provision of this rule shall be subject to enforcement and
				penalty as set forth under IC
				13-14-10, IC
				13-15-7, and IC 13-30.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 6 - Storm Water Discharges Exposed to Industrial Activity › Section 6-10 - Duration of coverage and renewal

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2; IC 13-18-3;
				  IC 13-18-4
Affected: IC 13-12-3-1; IC 13-18-1
Sec. 10.
A permit issued under this rule is valid for a period of
				  five (5) years from the date that the commissioner receives an original NOI
				  letter. To obtain renewal of coverage under this rule, the information required
				  under 327 IAC 15-3 and section 5 of this rule must be submitted to the
				  commissioner ninety (90) days prior to the expiration of coverage under this
				  rule unless the commissioner determines that a later date is acceptable.
				  Coverage under renewal NOI letters will begin on the date of expiration from
				  the previous five (5) year permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 6 - Storm Water Discharges Exposed to Industrial Activity › Section 6-11 - Termination of coverage; permit not transferable

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-1-2;
				  IC 13-15-2; IC
				  13-18-3; IC
				  13-18-4
Affected: IC
				  13-12-3-1; IC
				  13-18-1
Sec. 11.
(a) An NOT
				letter, on a form provided by the commissioner, must be submitted by a
				permittee regulated under this rule for any of the following:
(1) Closure of the facility.
(2) Transfer of ownership or
				operator.
(3) No exposure of all
				facility industrial activities to storm water.
(4) All storm water run-off from the facility
				flows into a combined sewer system.
(5) Storm water does not have the potential
				to impact a water of the state.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 15 - NPDES GENERAL PERMITS AND SPECIFIC CATEGORY INDIVIDUAL PERMIT REQUIREMENTS › Rule 6 - Storm Water Discharges Exposed to Industrial Activity › Section 6-12 - Conditional no exposure exclusion

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2; IC 13-18-3;
				  IC 13-18-4
Affected: IC 13-11-2; IC 13-12-3-1; IC 13-18-1
Sec. 12.
(a) In
				addition to the definitions contained in IC 13-11-2, 327 IAC 5,
				327 IAC 15-1-2, and
				section 4 of this rule, the following definitions apply throughout this
				section:
(1) "Adequately maintained vehicle"
				means a vehicle (truck, automobile, forklift, trailer, or other general purpose
				vehicle) found on facility property that is not industrial machinery and not
				leaking or otherwise a potential source of contaminants.
(2) "Final product" means a product that is
				not used in producing other products and is built and intended for use
				outdoors, provided the final product has not deteriorated or has otherwise
				become a potential source of contaminants.
(3) "Industrial materials and activities"
				means:
(A) material handling equipment or
				activities;
(B) industrial
				machinery;
(C) raw materials,
				intermediate products, byproducts, and final products; or
(D) waste products.
(4) "Intermediate product" means a product
				that is used in the composition of yet another product.
(5) "Material handling activity" means the
				storage, loading and unloading, transportation, or conveyance of any raw
				material, intermediate product, finished product, byproduct, or waste product.
				The term does not include activities conducted on facility property separate
				from the facility's industrial activities, such as office buildings and
				accompanying parking lots, as long as the drainage from the excluded areas is
				not mixed with storm water drained from the included areas.
(6) "Sealed container" means a container that
				has been banded or otherwise secured, without operational taps or valves,
				provided the container is not deteriorated and does not leak.
(7) "Storm-resistant shelter" means a
				completely roofed and walled building or structure, as well as a structure with
				only a top cover but no side coverings, provided material under the structure
				is not otherwise subject to any run-on and subsequent run-off of storm
				water.