reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-3 - Requests for modification, revocation and reissuance, or termination

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 13-18-3-15; IC 13-18-4
Sec. 3.
(a) If a
				discharger with a permit or an interested person believes that a modification,
				revocation and reissuance, or termination of a permit is justified under the
				standards of
				327
				IAC 5-2-16, he may request such action on the permit
				from the commissioner in writing. The request shall set forth all facts or
				reasons known to the requester which may be relevant to a decision
				thereon.
(b) If the commissioner
				agrees, as a result of a request, that the modification, revocation and
				reissuance, or termination of a permit is warranted, the commissioner shall
				formulate a draft permit under
				327 IAC
				5-3-6.
(c)
				If the commissioner decides that a request submitted under subsection (a) does
				not appear to meet the requirements of
				327
				IAC 5-2-16, the commissioner shall reply in writing to
				the discharger (and the person making the request, if different) briefly
				setting forth in writing the reasons for that decision. Such denials of
				requests for modification, revocation, and reissuance, or termination of a
				permit are not subject to the public notice, comment, and public hearing
				provisions of this rule ( 327 IAC 5-3 ).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-4 - Time deadlines for applications for statutory modifications of and variances from effluent limitations

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15; IC 13-18-3
Affected: IC 13-18-3-15; IC 13-18-4
Sec. 4.
(a) Except
				as provided in subsection (d), applications for variances from and modification
				of effluent limitations under the statutory and regulatory provisions of the
				CWA shall be made as provided in subsections (b) and (c). (b) The following are
				requirements for dischargers other than publicly owned treatment works:
(1) A request for a variance based on the
				presence of factors fundamentally different (
				40 CFR 125.30 )
				from those on which the effluent limitations guideline was based, shall be made
				by the earlier of the following dates:
(A) The
				close of the public comment period provided under section 9 of this
				rule.
(B) One hundred eighty (180)
				days after the date on which a national effluent limitation guideline is
				established or revised by the administrator.
The request shall explain why the requirements of section
				  9(c) of this rule and 327 IAC 5-6 have been met.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-5 - Permits required on a case-by-case basis

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 13-18-3-15; IC 13-18-4
Sec. 5.
(a) Various
				sections of 327 IAC 5-4 allow the commissioner to determine, on a case-by-case
				basis, that certain facilities, e.g., concentrated animal feeding operations
				and particular facilities covered by general permits may be required to obtain
				individual NPDES permits because of their significant contribution to water
				pollution or other reasons.
(b)
				Whenever the commissioner decides that an individual permit should be required
				under this section, he shall inform the discharger in writing of that decision
				and the reasons underlying it and shall include an application form with such
				notice. The discharger must apply for a permit in accordance with
				327 IAC
				5-3-2 and
				327 IAC 5-2-3
				within ninety (90) days of a receipt of such notice.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-6 - Tentative permit decisions and draft permits

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. 6.
(a) If a
				permit has been properly requested under section 2 of this rule, the
				commissioner, after analyzing the data and other information furnished in the
				permit application and any other relevant information, shall tentatively decide
				whether to issue or deny the permit.
(b) If the commissioner tentatively decides
				to issue a permit, a draft permit shall be prepared containing:
(1) all conditions, limitations, or
				requirements specified in
				327 IAC
				5-2-6,
				327 IAC
				5-2-8, and
				327 IAC
				5-2-9;
(2)
				all effluent limitations, standards, prohibitions, and conditions required by
				327 IAC
				5-2-10, including all applicable variances or other
				statutory modifications which have been requested and appear justified under
				these rules;
(3) all compliance
				schedules required by
				327 IAC
				5-2-12 and
				327
				IAC 5-2-12.1; and
(4) all monitoring, recording, and reporting
				requirements specified by
				327 IAC 5-2-13,
				327 IAC
				5-2-14, and
				327 IAC
				5-2-15.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-7 - Statement of basis

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
				  13-18-3-15;
				  IC 13-18-4
Sec. 7.
A statement of basis, or briefing memo, shall be prepared
				  for every draft permit for which a fact sheet is not required. The briefing
				  memo shall briefly describe the derivation of the terms and conditions of the
				  permit and the reasons for them. For instance, if effluent limitations in a
				  permit are based upon the application of water quality standards, the briefing
				  memo shall identify the pertinent standards and the manner in which the
				  effluent limitations in the permit were derived from the
				  standards.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-8 - Fact sheet

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. 8.
(a) The
				department shall prepare a fact sheet for every draft permit for a major
				discharger, any draft permit that incorporates a statutory variance or
				modification or requires explanation under subsection (b)(5), general permits,
				and every draft permit that the commissioner finds is the subject of widespread
				public interest or raises major issues. The fact sheet shall briefly set forth
				the major facts and the significant factual, legal, methodological, and policy
				questions considered in preparing the draft permit. The commissioner shall send
				this fact sheet to the following:
(1) The
				applicant.
(2) EPA Region
				5.
(3) The district engineer of the
				Corps of Engineers.
(4) The
				regional director of the U.S. Fish and Wildlife Service.
(5) Other interested state and federal
				agencies.
(6) Any other person on
				request.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-9 - Public comments and public hearings

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. 9.
(a) A
				comment period of at least thirty (30) days following the date of public notice
				of the formulation of a draft permit shall be provided. During this period any
				interested persons may submit written comments on the draft permit and may
				request a public hearing in accordance with subsection (b). All comments,
				including those submitted in a public hearing, shall be considered by the
				commissioner in preparing the final permit and shall be responded to as
				provided in
				327 IAC
				5-3-15.
(b) A public hearing on a draft permit may be
				held by the commissioner in appropriate cases, either on the commissioner's own
				initiative or in response to a request or requests for public hearing submitted
				during the public comment period. A public hearing and a request to hold one
				shall meet the following:
(1) The public
				hearing shall be held where the commissioner finds there is a significant
				public interest in the draft permit. Instances of doubt will be resolved in
				favor of holding a hearing. Public notice of a public hearing shall be given as
				specified in
				327
				IAC 5-3-12.
(2) A request for a public hearing shall be
				in writing and shall state the nature of the issues to be raised and the
				reasons why a hearing is warranted.
(3) Any hearing conducted pursuant to this
				section shall be held in the geographical area of the proposed discharge, or
				other appropriate area where significant public interest exists in the
				discretion of the commissioner, and may, when appropriate, consider two or more
				related draft permits.
(4) Any
				person appearing at such a hearing may submit oral or written statements and
				data concerning the draft permit. Reasonable limits may be set upon the time
				allowed for oral statements, and the submission of statements in writing may be
				required. A hearing conducted under this section shall not constitute an
				"administrative adjudication" for purposes of IC
				4-22-1 or IC 4-21.5.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-10 - Terms requested by the corps of engineers and other governmental agencies

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 13-18-3-15; IC 13-18-4
Sec. 10.
(a) If the
				district engineer of the corps of engineers advises the commissioner in writing
				during the public comment period that anchorage and navigation of any of the
				waters of the United States would be substantially impaired by the granting of
				a permit, the permit shall be denied and the applicant so notified. If the
				district engineer advises the commissioner that imposing specified conditions
				upon the permit is necessary to avoid any substantial impairment of anchorage
				or navigation, then the commissioner shall include the specified conditions in
				the permit. Review or appeal of a denial of a permit or of conditions specified
				by the district engineer shall be made through the applicable procedures of the
				corps of engineers, and may not be made through the procedures provided in this
				rule ( 327 IAC 5-3 ).
(b) If during
				the comment period the U.S. fish and wildlife service or any state or other
				federal agency with jurisdiction over fish, wildlife, or public health advises
				the commissioner in writing that the imposition of specified conditions upon
				the permit is necessary to avoid substantial impairment of fish, shellfish, or
				wildlife resources, the commissioner may include the specified conditions in
				the permit to the extent the commissioner determines they are necessary to
				carry out the provisions of the CWA and applicable state law.
(c) In appropriate cases the commissioner may
				consult with one (1) or more of the agencies referred to in this section before
				issuing a draft permit and may reflect their views in the statement of basis,
				the fact sheet, or the draft permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-11 - Reopening of the comment period

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 13-18-3-15; IC 13-18-4
Sec. 11.
If any information or arguments submitted during the public
				  comment period appears to raise substantial new questions concerning a permit,
				  the commissioner may conclude that one or more of the following actions is
				  necessary for an informed decision:
(1) formulation of a new draft permit,
				appropriately modified;
(2)
				preparation of a fact sheet or revised fact sheet and reopening the comment
				period under
				327 IAC
				5-3-9; or
(3) Reopening or extending the comment period
				to give interested persons an opportunity to comment on the information or
				arguments submitted. In each case the notice required by
				327
				IAC 5-3-12 shall be given.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-12 - Public notice of comment period; public hearings concerning permit determinations

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. 12.
(a) Notice
				of every proposed determination on a permit issuance or denial and of a public
				hearing concerning such a proposed determination shall be circulated in a
				manner designed to inform interested persons. Notice of a proposed permit
				determination shall allow at least thirty (30) days for public comment, as
				specified in section 9 of this rule, and notice of a public hearing shall be
				given at least thirty (30) days before the hearing.
(b) Public notices required by subsection (a)
				shall be given by the commissioner as follows:
(1) By transmitting a copy to the applicant,
				to EPA, to the U.S. Army Corps of Engineers, to federal and state agencies with
				jurisdiction over fish, shellfish, and wildlife resources (including the U.S.
				Fish and Wildlife Service and the Indiana department of natural resources), to
				other appropriate governmental authorities including any affected state, to any
				person on request, and to all persons on a mailing list for receipt of such
				notices.
(2) By publication of a
				notice in a daily or weekly newspaper in general circulation throughout the
				area affected by the discharge or, at the commissioner's discretion, by any
				other method reasonably calculated to give actual notice of the proposed permit
				action to persons potentially affected by it, including the use of press
				releases or by posting a copy of the information required under subsection (c)
				at the principal office of the municipality or political subdivision affected
				by the facility or discharge.
Any person otherwise entitled to receive notice under
				  subdivision (1) may waive the right to receive notice for any classes and
				  categories of permits.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-13 - Special procedures for decisions on thermal issues

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-151-2; IC 13-15-2-1; IC 13-18-3;
				  IC 13-18-4-3
Affected: IC 13-18-3-15; IC 13-18-4
Sec. 13.
(a) Permit
				applicants who wish a final decision, prior to issuance of a final permit, on
				whether alternative thermal effluent limitations would be justified under
				section 316(a) of the CWA and whether cooling water intake structures employ
				the best available technology under section 316(b) of the CWA should request
				such an early decision and furnish supporting reasons at the time their
				applications are filed under
				327
				IAC 5-3-4(b)(5). The commissioner
				may, in the commissioner's discretion, grant or deny such a request. If it is
				granted, both the early decision on CWA section 316(a) or (b) issues and the
				determination on the balance of the permit shall be considered permit issuance
				under these rules ( 327 IAC 5-3 ), and shall be subject to the same
				requirements of public notice and comment and the same opportunity for an
				adjudicatory hearing.
(b) If the
				commissioner, on review of the administrative record, determines that the
				information necessary to decide whether or not an alternative effluent
				limitation under section 316(a) of the CWA should be granted to a source is not
				likely to be available by the time a decision on permit issuance must be made,
				the commissioner may issue a permit for a term of up to five (5) years without
				making the CWA section 316(a) decision. This permit shall require that the
				point source achieve the effluent limitations initially proposed for the
				control of the thermal component of the discharge no later than the date
				otherwise required by applicable legal requirements. However, the permit shall
				also afford the permittee an opportunity to file a demonstration under section
				316(a) of the CWA after conducting such studies as are required by 327 IAC
				5-7.
(c) Whenever the commissioner
				defers the CWA section 316(a) determination pursuant to subsection (b), any
				determination under section 316(b) of the CWA may also be deferred.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-14 - Issuance and effective date of a 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
				  4-21.5-3-7;
				  IC 13-11-2; IC 13-15; IC
				  13-18-3-15;
				  IC 13-18-4
Sec. 14.
(a) After
				the close of:
(1) the public comment period
				required by section 9(a) of this rule on a draft permit; and
(2) any public hearing held under section
				9(b) of this rule; the commissioner, except as provided in subsection (c),
				shall issue a final permit decision and shall serve notice of that action on
				the applicant and on each person who has submitted written comments or
				requested notice of the final permit decision. This notice shall include
				reference to the procedures available to contest the permit terms by requesting
				an adjudicatory hearing. For the purposes of this section, "final permit
				decision" means a final decision to issue, deny, modify, revoke and reissue, or
				terminate a permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-15 - Response to comments

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 13-18-3-15; IC 13-18-4
Sec. 15.
Contemporaneously with the issuance of a final permit under
				  327 IAC
				  5-3-14, the commissioner shall transmit a response to
				  each person having commented on the draft permit. This response to comments
				  shall contain:
(1) a brief description
				of and response to all significant comments on the draft permit raised during
				the public comment period, or during any hearing;
(2) a specific indication of which provisions
				of the draft permit have been changed in the final permit, and the reasons for
				the change; and
(3) a brief
				explanation of the right to request an adjudicatory hearing on the final
				permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-16 - Judicial review

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-1-2;
				  IC
				  13-15-2-1;
				  IC
				  13-15-6-6;
				  IC 13-18-3
Affected: IC
				  4-21.5-5
Sec. 16.
Any person aggrieved by final agency action on an
				  adjudicatory hearing or affirming the denial of a request for adjudicatory
				  hearing may seek judicial review of said action pursuant to the provisions of
				  IC 4-21.5-5.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3 - Procedures for the Issuance of NPDES Permits › Section 3-17 - NPDES application and annual fees

Current through July 10, 2024
Authority: IC 13-13-5-2; IC 13-14-8; IC 13-16; IC 13-18-4-1;
				  IC 13-18-18
Affected: IC 36-1-2-23
Sec. 17
(a) The fees
				in this section apply to NPDES permit applications and annual operations as
				follows:
(1) Fees are not refundable once
				staff review and processing of the permit application has commenced.
(2) Application and annual operating fees are
				as follows:
(A) NPDES industrial permits as in
				subsection (b).
(B) NPDES coal mine
				facility permits as in subsection (c).
(C) NPDES stone quarry permits as in
				subsection (d).
(D) NPDES municipal
				permits as in subsection (e).
(E)
				NPDES state facility permits as in subsection (f).
(F) NPDES federal facility permits as in
				subsection (g).
(G) NPDES
				semipublic facility permits as in subsection (h).
(H) NPDES public water system permits as in
				subsection (i).
(I) NPDES
				stormwater general permits as in subsection (j).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3.5 - Streamlined Mercury Variance Requirements and Application Process › Section 3.5-1 - Purpose

Current through July 10, 2024
Authority: IC
				  13-13-5-1; IC
				  13-13-5-2; IC
				  13-14-8; IC
				  13-14-9; IC
				  13-15-1-2; IC
				  13-15-2-1; IC 13-18
Affected: IC
				  13-18-4
Sec. 1.
The purpose of this rule is to establish a streamlined
				  process and application requirements for obtaining a variance from a water
				  quality criterion used to establish a water quality-based effluent limitation
				  for mercury in an NPDES permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3.5 - Streamlined Mercury Variance Requirements and Application Process › Section 3.5-2 - Applicability

Current through July 10, 2024
Authority: IC 13-13-5-1; IC 13-13-5-2; IC 13-14-8; IC
				  13-14-9; IC 13-15-1-2; IC 13-15-2-1; IC 13-18
Affected: IC 13-14-8-9; IC 13-18-4
Sec. 2.
(a) An SMV
				shall be available for the duration of the NPDES permit issued to a wastewater
				discharging facility that has an NPDES permit in effect containing a discharge
				limitation for mercury that cannot be achieved consistently by the
				facility.
(b) Application for a
				variance under this rule meets the requirements for a variance under IC
				13-14-8-9 and rules adopted by the board.
(c) An SMV is not available for the
				following:
(1) New or recommencing Great
				Lakes system dischargers except as provided under
				327 IAC
				2-1.5-17(a)(3).
(2) Applicants seeking an interim limit whose
				effluent contains mercury at an average concentration, as determined under
				section 8(a) of this rule, greater than thirty (30) ng/l (parts per
				trillion).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3.5 - Streamlined Mercury Variance Requirements and Application Process › Section 3.5-3 - Definitions

Current through July 10, 2024
Authority: IC
				  13-13-5-1; IC
				  13-13-5-2; IC
				  13-14-8; IC
				  13-14-9; IC
				  13-15-1-2; IC
				  13-15-2-1; IC 13-18
Affected: IC
				  13-11-2; IC
				  13-18-4
Sec. 3.
In addition to the definitions contained in IC
				  13-11-2 and this article, the
				  following definitions apply throughout this rule:
(1) "Department" means the Indiana department
				of environmental management.
(2)
				"Facility" means any NPDES point source or any other facility or activity
				(including land or appurtenances thereto) that is subject to regulation under
				the NPDES program. For a municipality, "facility" means a POTW.
(3) "Pollutant minimization program" or "PMP"
				means a program developed by an SMV applicant to identify and minimize the
				discharge of mercury into the environment.
(4) "Pollutant minimization program plan" or
				"PMPP" means the plan for development and implementation of the PMP.
(5) "Publicly owned treatment works" or
				"POTW" means a treatment works as defined by Section 212(2) of the Federal
				Water Pollution Control Act owned by the state or a municipality as defined by
				Section 502(4) of the Federal Water Pollution Control Act.
(6) "Streamlined mercury variance" or "SMV"
				means a process established under this rule for obtaining a variance from the
				water quality criterion used to establish a water quality-based effluent
				limitation (WQBEL) established for mercury in an NPDES permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3.5 - Streamlined Mercury Variance Requirements and Application Process › Section 3.5-4 - Initial SMV application

Current through July 10, 2024
Authority: IC
				  13-13-5-1; IC
				  13-13-5-2; IC
				  13-14-8; IC
				  13-14-9; IC
				  13-15-1-2; IC
				  13-15-2-1; IC 13-18
Affected: IC
				  13-18-4
Sec. 4.
(a) The
				initial SMV application shall be submitted on forms provided by the
				department.
(b) An applicant for an
				SMV may submit the application as a part of an application for a:
(1) new;
(2) renewed; or
(3) modified; NPDES
				permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3.5 - Streamlined Mercury Variance Requirements and Application Process › Section 3.5-5 - Public notice of SMV application

Current through July 10, 2024
Authority: IC
				  13-13-5-1; IC
				  13-13-5-2; IC
				  13-14-8; IC
				  13-14-9; IC
				  13-15-1-2; IC
				  13-15-2-1; IC 13-18
Affected: IC 4-21.5; IC
				  13-18-4
Sec. 5.
(a) The
				department shall publish notice of each complete SMV application for public
				comment:
(1) in the newspaper with the
				greatest circulation in the city or county of the applicant's location;
				and
(2) with a thirty (30) day
				public comment period.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3.5 - Streamlined Mercury Variance Requirements and Application Process › Section 3.5-6 - Issuance of SMV

Current through July 10, 2024
Authority: IC
				  13-13-5-1; IC
				  13-13-5-2; IC
				  13-14-8; IC
				  13-14-9; IC
				  13-15-1-2; IC
				  13-15-2-1; IC 13-18
Affected: IC
				  13-14-8-9; IC
				  13-18-4
Sec. 6.
When an SMV is issued under this rule, the SMV shall be
				  incorporated as a condition of the applicant's NPDES permit through issuance,
				  renewal, or modification of the NPDES permit. The SMV remains in effect until
				  the NPDES permit expires under IC
				  13-14-8-9. The NPDES permit shall
				  include the requirements of the PMPP and any applicable interim discharge
				  limitation.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3.5 - Streamlined Mercury Variance Requirements and Application Process › Section 3.5-7 - Renewal of SMV

Current through July 10, 2024
Authority: IC
				  13-13-5-1; IC
				  13-13-5-2; IC
				  13-14-8; IC
				  13-14-9; IC
				  13-15-1-2; IC
				  13-15-2-1; IC 13-18
Affected: IC
				  13-14-8-9; IC
				  13-18-4
Sec. 7.
(a) An
				eligible applicant may apply for a renewal of the SMV:
(1) one hundred eighty (180) days prior to
				the expiration of its NPDES permit; or
(2) within one hundred eighty (180) days
				after issuance of a revised NPDES permit that establishes a revised mercury
				discharge limit based on the water quality criteria.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3.5 - Streamlined Mercury Variance Requirements and Application Process › Section 3.5-8 - SMV interim discharge limit

Current through July 10, 2024
Authority: IC
				  13-13-5-1; IC
				  13-13-5-2; IC
				  13-14-8; IC
				  13-14-9; IC
				  13-15-1-2; IC
				  13-15-2-1; IC 13-18
Affected: IC
				  13-18-4
Sec. 8.
(a) The
				interim limit for mercury discharge for the duration of an SMV shall be based
				on representative effluent data that have been analyzed using Analytical Method
				1631 or any analytical method approved by the department. The interim limit
				shall be expressed as the highest daily value for mercury from a data set that
				includes a minimum of six (6) daily values that are generally evenly spaced
				over the most recent twelve (12) to twenty-four (24) month period and
				representative of the four (4) seasons. The highest daily value will become the
				value for the interim limit. Compliance with the interim limit is achieved if
				the average of the measured effluent daily values over the rolling twelve (12)
				month period is less than the interim limit. An SMV is not available to an
				applicant that requests an interim limit greater than thirty (30) ng/l (parts
				per trillion).
(b) The interim
				discharge limit shall be evaluated upon receipt of a renewal SMV application
				based upon available, valid, and representative data of the effluent levels for
				mercury collected and analyzed over the most recent two (2) year period. Data
				collection and analyses must be done according to Analytical Method 1631 or the
				analytical method approved by the department.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3.5 - Streamlined Mercury Variance Requirements and Application Process › Section 3.5-9 - PMPP requirements

Current through July 10, 2024
Authority: IC
				  13-13-5-1; IC
				  13-13-5-2; IC
				  13-14-8; IC
				  13-14-9; IC
				  13-15-1-2; IC
				  13-15-2-1; IC 13-18
Affected: IC
				  13-18-3-15; IC
				  13-18-4; IC
				  13-20-17.5
Sec. 9.
(a) A PMPP
				for a facility must be submitted with an application for an SMV. The PMPP must
				contain the following:
(1) Results of a
				preliminary inventory of potential uses and sources of mercury in all buildings
				and departments and a plan and schedule for providing the department results of
				a complete inventory.
(2)
				Preliminary identification of known mercury-bearing equipment, wastestreams,
				and mercury storage sites.
(3) A
				list of planned activities to be conducted to eliminate or minimize the release
				of mercury to the water. The list of planned activities may consider technical
				and economic feasibility and must include, at a minimum, the following:
(A) A review of purchasing policies and
				procedures.
(B) Necessary training
				and awareness for facility staff.
(C) Evaluation of alternatives to the use of
				any mercury-containing equipment or materials.
(D) Other specific activities designed to
				reduce or eliminate mercury loadings.
(E) An identification of the facility's
				responsibilities under IC
				13-20-17.5.
(4) For each activity specified in
				subdivision (3), the plan must contain the following:
(A) The goal to be accomplished.
(B) A measure of performance.
(C) A schedule for
				action.
(5) All available
				mercury monitoring data and any information on mercury in biosolids, if
				required by an NPDES permit or land application permit, for the two (2) year
				period preceding the SMV application.
(6) Identification of the resources and staff
				necessary to implement the PMPP.
(7) Proof of completion of public notice
				activities required under this section.
(8) Annual reports according to a schedule in
				the PMPP. Each annual report must describe the following:
(A) The facility's progress toward fulfilling
				each of the requirements of the PMPP.
(B) The results of mercury
				monitoring.
(C) The steps taken to
				implement each planned activity developed under this subsection and subsection
				(b) to reduce or eliminate mercury from the facility's
				water.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 3.5 - Streamlined Mercury Variance Requirements and Application Process › Section 3.5-10 - Transitional mercury effluent limitation

Current through July 10, 2024
Authority: IC 13-13-5-1; IC 13-13-5-2; IC 13-14-8; IC
				  13-14-9; IC 13-15-1-2; IC 13-15-2-1; IC 13-18
Affected: IC 4-21.5-3; IC 13-14-1-9; IC 13-18-4
Sec. 10.
(a) Either
				at the time a discharging facility applies for or when it receives a renewal of
				an NPDES permit with a previously established mercury limit from a prior NPDES
				permit for which a compliance schedule for mercury is not established in the
				renewed permit and the discharging facility has not had a prior SMV, then the
				following may be done to assure compliance with the renewed permit:
(1) In a written document to the department,
				the discharging facility should:
(A) indicate
				that the discharging facility is planning to apply for an SMV in accordance
				with this rule; and
(B) provide
				information to establish a transitional limit consistent with section 8 of this
				rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 4 - Special NPDES Programs › Section 4-1 - Purpose

Current through July 10, 2024
Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC
				  13-7-10-1
Affected: IC 13-1-3; IC 13-7
Sec. 1.
This rule ( 327 IAC 5-4 ) describes NPDES program
				  requirements for certain categories of point source dischargers.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 4 - Special NPDES Programs › Section 4-2 - Underground injection of pollutants

Current through July 10, 2024
Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC
				  13-7-10-1
Affected: IC 13-1-3; IC 13-7
Sec. 2.
(a) If an
				applicant for an NPDES permit proposes to dispose of pollutants by underground
				injection as part of the overall effort to meet the requirements of the NPDES
				program, the commissioner shall deny the request, as this function now lies
				with EPA as part of the requirements of the SWDA, unless it is determined by
				the commissioner to be necessary to specify additional terms and conditions in
				the final NPDES permit which shall:
(1)
				prohibit the proposed disposal; or
(2) control the proposed disposal in order to
				prevent pollution of ground and surface water resources of such character and
				degree as would endanger or threaten to endanger the public health and
				welfare.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 4 - Special NPDES Programs › Section 4-4 - Concentrated aquatic animal production facilities

Current through July 10, 2024
Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC
				  13-7-10-1
Affected: IC 13-1-3; IC 13-7
Sec. 4.
Concentrated aquatic animal production facilities, as defined
				  at
				  40
				  CFR 122.24, are point sources subject to
				  NPDES permit requirements.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 4 - Special NPDES Programs › Section 4-5 - Aquaculture projects

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.
Discharges into aquaculture projects, as defined in
				  40
				  CFR 122.25, are subject to the NPDES permit
				  program in accordance with the criteria specified in 40 CFR 125, Subpart
				  B.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 4 - Special NPDES Programs › Section 4-6 - Stormwater discharges

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1
Affected: IC 13-18-4
Sec. 6.
(a) The
				following discharges consisting entirely of stormwater require an individual
				permit:
(1) A discharge that the commissioner
				determines:
(A) contributes to a violation of
				a water quality standard;
(B) is a
				significant contributor of pollutants to waters or to a regulated municipal
				separate storm sewer system (MS4) conveyance; or
(C) meets any of the conditions listed in
				327 IAC
				15-2-9(a).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 4 - Special NPDES Programs › Section 4-7 - Silvicultural activities

Current through July 10, 2024
Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC
				  13-7-10-1
Affected: IC 13-1-3; IC 13-7
Sec. 7.
Silvicultural point sources, as defined in
				  40
				  CFR 122.27, are point sources subject to the
				  NPDES permit program.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 5 - NPDES Criteria and Standards for Technology-Based Treatment Requirements › Section 5-1 - Purpose and scope

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
Sec. 1.
This rule ( 327 IAC 5-5 ) establishes criteria and standards
				  for the imposition of technology-based treatment requirements in permits under
				  327 IAC
				  5-2-10, including the application of EPA-promulgated
				  effluent limitations and standards under sections 301(b) and 306 of the CWA,
				  and case-by-case determinations of effluent limitations 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 5 - NPDES Criteria and Standards for Technology-Based Treatment Requirements › Section 5-2 - Technology-based treatment 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
Affected: IC 13-18
Sec. 2.
(a)
				Technology-based treatment requirements under sections 301(b) and 306 of the
				CWA represent the minimum level of control that must be imposed in an NPDES
				permit issued under section 402 of the CWA for an existing source and a new
				source, respectively. Compliance with these technology-based treatment
				requirements is required within the times prescribed in section 301(b)(2) of
				the CWA and
				40 CFR
				123.3(a)(2). Notwithstanding
				these minimum technology-based requirements, more stringent treatment
				requirements may be imposed under section 301(b)(1)(C), 302, or 307(a)(2) of
				the CWA.
(b) Technology-based
				treatment requirements may be imposed through one (1) of the following methods:
(1) Application of EPA-promulgated effluent
				limitations developed under section 304 or 306 of the CWA to discharges by
				category or subcategory. These effluent limitations are not applicable to the
				extent that they have been remanded or withdrawn. However, in the case of a
				court remand, determinations underlying effluent limitations shall be binding
				in permit issuance proceedings where those determinations are not required to
				be reexamined by a court remanding the regulations. In addition, dischargers
				may seek fundamentally different factors variances from these effluent
				limitations under 327 IAC 5-6. If a fundamentally different factors variance is
				approved by EPA under 40 CFR 125, Subpart D, the resulting effluent limitations
				are technology-based treatment requirements for purposes of this
				article.
(2) On a case-by-case
				basis under section 402(a)(1) of the CWA, to the extent that EPA-promulgated
				effluent limitations are unavailable. Standards of performance for new sources
				cannot be developed on an ad hoc basis under section 402(a)(1) of the CWA. By
				statutory definition, a source is a new source only if standards of performance
				applicable to such source have been promulgated by EPA. The commissioner shall
				apply the appropriate factors listed in section 304 of the CWA and shall
				consider the following:
(A) The appropriate
				technology for the category or class of point sources of which the applicant is
				a member, based upon all available information (including EPA draft or proposed
				development documents or guidance).
(B) Any unique factors relating to the
				applicant.
(3) Through a
				combination of the methods in subdivisions (1) and (2). Where promulgated
				effluent limitations guidelines only apply to certain aspects of the
				discharger's operation, or to certain pollutants, other aspects or activities
				are subject to regulation on a case-by-case basis in order to carry out the
				provisions of the CWA.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 5 - NPDES Criteria and Standards for Technology-Based Treatment Requirements › Section 5-3 - Secondary treatment requirements for POTWs

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
Sec. 3.
(a)
				Secondary treatment and corresponding effluent limitations applicable to
				discharges from POTWs under section 301(b)(1)(B) of the CWA are defined by EPA
				at 40 CFR 133.
(b) Notwithstanding
				subsection (a), attainment of the following alternative effluent limitations
				shall be deemed as compliance with secondary treatment requirements under
				section 301(b)(1)(B) of the CWA for POTWs where a waste stabilization pond
				constitutes the sole means of providing secondary treatment and the design
				population equivalent is less than ten thousand (10,000):
Parameter
Monthly Average
Weekly Average
Carbonaceous BOD5
25 mg/l (or 85% removal, whichever is more stringent)
40 mg/l
Total suspended solids
70 mg/l
105 mg/l
(c)
				For purposes of this section, "POTWs" also includes semipublic entities, which
				are defined as public and private entities that provide sewage treatment to a
				group of people having a quasi-public character, e.g., municipal school
				corporations, private utilities serving mobile home parks and residential
				developments, etc.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 6 - Criteria and Standards for Determining Fundamentally Different Factors › Section 6-1 - 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.
(a) This
				rule establishes the criteria and standards to be used in determining whether
				ad hoc effluent limitations or standards alternative to those required by
				effluent limitations guidelines or standards promulgated under sections 301,
				304, and 307(b) of the CWA (hereinafter referred to as national limits) should
				be imposed on a discharger because factors relating to the discharger's
				facilities, equipment, processes, or other matters affecting the discharge are
				fundamentally different from the factors considered by EPA in development of
				the national limits. This rule applies to all national limits promulgated under
				sections 301, 304, and 307(b) of the CWA, except for those contained in 40 CFR
				423 concerning steam electric generating point source category.
(b) Such a fundamentally different factor
				variance may be requested by a permit applicant in accordance with
				327
				IAC 5-3-4(b)  or may be proposed by
				the commissioner on his own initiative in the draft permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 6 - Criteria and Standards for Determining Fundamentally Different Factors › Section 6-2 - Criteria

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) A
				variance from national limits shall be proposed by the commissioner to EPA for
				approval, whether at the commissioner's own initiative or upon the request of
				the permit applicant, only if:
(1) there is an
				applicable national limit which specifically controls the pollutant for which
				alternative effluent limitations or standards have been proposed;
(2) the factors relating to the discharge
				upon which the variance request is based are fundamentally different from those
				considered by EPA in establishing the national limits and were in existence
				prior to EPA's promulgation of such national limits; and
(3) the request for alternative effluent
				limitations or standards is made in accordance with the procedural requirements
				of 327 IAC 5-3.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 6 - Criteria and Standards for Determining Fundamentally Different Factors › Section 6-3 - Burden of persuasion

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.
The burden is on the person requesting the variance to
				  explain that:
(1) factor(s) listed in
				327 IAC 5-6-2(d)
				 regarding the discharger's facility are
				fundamentally different from the factors EPA considered in establishing the
				national limits;
(2) the
				alternative limitations requested are justified by the fundamental difference
				alleged in subdivision (1); and
(3)
				the appropriate requirements of
				327 IAC 5-6-2 have been
				met.
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 7-1 - 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 5-7 ) describes the factors, criteria
				  and standards for the establishment of alternative thermal effluent limitations
				  under section 316(a) of the CWA.