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IC 13-18-3-1
Duties of board
Sec. 1. The water pollution control board shall adopt rules for the
control and prevention of pollution in waters of Indiana with any
substance:
(1) that is deleterious to:
(A) the public health; or
(B) the prosecution of any industry or lawful occupation; or
(2) by which:
(A) any fish life or any beneficial animal or vegetable life
may be destroyed; or
(B) the growth or propagation of fish life or beneficial
animal or vegetable life is prevented or injuriously affected.
As added by P.L.1-1996, SEC.8.
IC 13-18-3-2
Adoption of rules; designation of outstanding state or national
resource waters
Sec. 2. (a) The board may adopt rules under IC 4-22-2 that are
necessary to the implementation of:
(1) the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), as in effect January 1, 1988; and
(2) the federal Safe Drinking Water Act (42 U.S.C. 300f
through 300j), as in effect January 1, 1988;
except as provided in IC 14-37.
(b) "Degradation" has the meaning set forth in IC 13-11-2-50.5.
(c) "Exceptional use water" has the meaning set forth in
IC 13-11-2-72.5.
(d) "Outstanding national resource water" has the meaning set
forth in IC 13-11-2-149.5.
(e) "Outstanding state resource water" has the meaning set forth
in IC 13-11-2-149.6.
(f) "Watershed" has the meaning set forth in IC 14-8-2-310.
(g) The board may designate a water body as an outstanding state
resource water by rule if the board determines that the water body
has a unique or special ecological, recreational, or aesthetic
significance.
(h) Before the board may adopt a rule designating a water body as
an outstanding state resource water, the board must consider the
following:
(1) Economic impact analyses, presented by any interested
party, taking into account future population and economic
development growth.
(2) The biological criteria scores for the water body, using
factors that consider fish communities, macro invertebrate
communities, and chemical quality criteria using representative
biological data from the water body under consideration.
(3) The level of current urban and agricultural development in
the watershed.
(4) Whether the designation of the water body as an outstanding
state resource water will have a significant adverse effect on
future population, development, and economic growth in the
watershed, if the water body is in a watershed that has more
than three percent (3%) of its land in urban land uses or serves
a municipality with a population greater than five thousand
(5,000).
(5) Whether the designation of the water body as an outstanding
state resource water is necessary to protect the unique or special
ecological, recreational, or aesthetic significance of the water
body.
(i) Before the board may adopt a rule designating a water body as
an outstanding state resource water, the board must make available
to the public a written summary of the information considered by the
board under subsections (g) and (h), including the board's
conclusions concerning that information.
(j) The commissioner shall present a summary of the comments
received from the comment period and information that supports a
water body designation as an outstanding state resource water to the
environmental quality service council not later than one hundred
twenty (120) days after the rule regarding the designation is finally
adopted by the board.
(k) Notwithstanding any other provision of this section, the
designation of an outstanding state resource water in effect on
January 1, 2000, remains in effect.
(l) For a water body designated as an outstanding state resource
water, the board shall provide by rule procedures that will:
(1) prevent degradation; and
(2) allow for increases and additions in pollutant loadings from
an existing or new discharge if:
(A) there will be an overall improvement in water quality for
the outstanding state resource water as described in this
section; and
(B) the applicable requirements of 327 IAC 2-1-2(1) and 327
IAC 2-1-2(2) and 327 IAC 2-1.5-4(a) and 327 2-1.5-4(b) are
met.
(m) The procedures provided by rule under subsection (l) must
include the following:
(1) A definition of significant lowering of water quality that
includes a de minimis quantity of additional pollutant load:
(A) for which a new or increased permit limit is required;
and
(B) below which antidegradation implementation procedures
do not apply.
(2) Provisions allowing the permittee to choose application of
one (1) of the following for each activity undertaken by the
permittee that will result in a significant lowering of water
quality in the outstanding state resource water or exceptional
use water:
(A) Implementation of a water quality project in the
watershed of the outstanding state resource water or the
exceptional use water that will result in an overall
improvement of the water quality of the outstanding state
resource water or the exceptional use water.
(B) Payment of a fee, not to exceed five hundred thousand
dollars ($500,000) based on the type and quantity of
increased pollutant loadings, to the department for deposit in
the outstanding state resource water improvement fund
established under section 14 of this chapter.
(3) Criteria for the submission and timely approval of projects
described in subdivision (2)(A).
(4) A process for public input in the approval process.
(5) Use of water quality data that is less than seven (7) years old
and specific to the outstanding state resource water.
(6) Criteria for using the watershed improvement fees to fund
projects in the watershed that result in improvement in water
quality in the outstanding state resource water or exceptional
use water.
(n) For a water body designated as an outstanding state resource
water after June 30, 2000, the board shall provide by rule
antidegradation implementation procedures before the water body is
designated in accordance with this section.
(o) A water body may be designated as an outstanding national
resource water only by the general assembly after recommendations
for designation are made by the board and the environmental quality
service council.
(p) Before recommending the designation of an outstanding
national resource water, the department shall provide for an adequate
public notice and comment period regarding the designation. The
commissioner shall present a summary of the comments and
information received during the comment period and the
department's recommendation concerning designation to the
environmental quality service council not later than ninety (90) days
after the end of the comment period. The council shall consider the
comments, information, and recommendation received from the
department, and shall convey its recommendation concerning
designation to the general assembly within six (6) months after
receipt.
As added by P.L.1-1996, SEC.8. Amended by P.L.140-2000, SEC.17;
P.L.1-2001, SEC.16.
IC 13-18-3-2.3
Designated use change to CSO wet weather category; long term
control plans
Sec. 2.3. (a) This subsection applies if a use attainability analysis
is performed and approved to change the designated use of a water
body receiving wet weather discharges from combined sewer
overflows from the recreational use designation that applied to the
waters immediately before the application to the waters of the CSO
wet weather subcategory established in section 2.5 of this chapter to
that subcategory. Upon implementation of the approved long term
control plan, the plan fulfills the water quality goals of the state with
respect to wet weather discharges that are a result of overflows from
the combined sewer system addressed by the plan.
(b) A long term control plan must meet the requirements of:
(1) Section 402(q) of the federal Clean Water Act (33 U.S.C.
1342(q)); and
(2) 59 FR 18688.
(c) An approved long term control plan shall be incorporated into:
(1) the NPDES permit holder's NPDES permit; or
(2) an order of the commissioner under IC 13-14-2-6.
(d) If a use attainability analysis is performed, the department
shall:
(1) review a use attainability analysis submitted under this
chapter concurrently with a long term control plan submitted
under this chapter; and
(2) use the approved long term control plan to satisfy the
requirements of the use attainability analysis.
As added by P.L.140-2000, SEC.18. Amended by P.L.54-2005,
SEC.2.
IC 13-18-3-2.4
Review of feasibility of implementing additional or new control
alternatives to attain water quality standards
Sec. 2.4. An NPDES permit holder shall review the feasibility of
implementing additional or new control alternatives to attain water
quality standards. The NPDES permit holder shall conduct such a
review periodically, but not less than every five (5) years after
approval of the long term control plan by the department. The
NPDES permit holder shall:
(1) document to the department that the long term control plan
has been reviewed;
(2) update the long term control plan as necessary;
(3) submit any amendments to the long term control plan to the
department for approval; and
(4) implement control alternatives determined to be cost
effective and affordable.
Cost effectiveness may be determined, at the option of the NPDES
permit holder, by using a knee of the curve analysis in accordance
with section 402(q) of the federal Clean Water Act (33 U.S.C.
1342(q)) and 59 FR 18688.
As added by P.L.140-2000, SEC.19. Amended by P.L.1-2001,
SEC.17; P.L.54-2005, SEC.3.
IC 13-18-3-2.5
CSO wet weather limited use subcategory established; application
after approval of long term control plan; other requirements; EPA
approval; monitoring and review; rules
Sec. 2.5. (a) A CSO wet weather limited use subcategory is
established for waters affected by receiving combined sewer
overflows, as specified in an approved long term control plan. The
CSO wet weather limited use subcategory applies to a specific water
body after implementation of an approved long term control plan for
the combined sewer system whose overflow discharges affect those
waters is implemented and the conditions of subsection (b) are
satisfied. The following requirements apply to the CSO wet weather
limited use subcategory:
(1) The water quality based requirements associated with the
CSO wet weather limited use subcategory that apply to waters
affected by wet weather combined sewer overflows are
determined by an approved long term control plan for the
combined sewer system. The water quality based requirements
remain in effect during the time and to the physical extent that
the recreational use designation that applied to the waters
immediately before the application to the waters of the CSO wet
weather limited use subcategory is not attained, but for not
more than four (4) days after the date the overflow discharge
ends.
(2) At all times other than those described in subdivision (1),
the water quality criteria associated with the appropriate
recreational use designation that applied to the waters
immediately before the application to the waters of the CSO wet
weather limited use subcategory apply unless there is a change
in the use designation as a result of a use attainability analysis.
(b) The CSO wet weather limited use subcategory applies if:
(1) the department has approved a long term control plan for the
NPDES permit holder for the combined sewer system;
(2) the approved long term control plan:
(A) is incorporated into:
(i) the NPDES permit holder's NPDES permit; or
(ii) an order of the commissioner under IC 13-14-2-6;
(B) satisfies the requirements of section 2.3 of this chapter;
and
(C) specifies the water quality based requirements that apply
to combined sewer overflows during and immediately
following wet weather events, as provided in subsection
(a)(1);
(3) the NPDES permit holder has implemented the approved
long term control plan; and
(4) subject to subsection (c), 40 CFR 131.10, 40 CFR 131.20,
and 40 CFR 131.21 are satisfied.
(c) For purposes of subsection (b)(4), 40 CFR 131.10 may be
satisfied by including appropriate data and information in the long
term control plan.
(d) The department shall implement the CSO wet weather limited
use subcategory and associated water quality based requirements
under this section when the subcategory and requirements are
approved by the United States Environmental Protection Agency.
The department shall seek approval of the United States
Environmental Protection Agency in a timely manner.
(e) The NPDES permit holder shall monitor its discharges and the
water quality in the affected receiving stream periodically as
provided in the long term control plan. The NPDES permit holder
shall provide all such information to the department.
(f) In conjunction with a review of its long term control plan
under section 2.4 of this chapter, the NPDES permit holder shall
review information generated after the use attainability analysis was
approved by the department to determine whether the conclusion of
the use attainability analysis is still valid. The NPDES permit holder
shall provide the results of the review to the department.
(g) The board shall adopt rules under IC 13-14-8 and IC 13-14-9
to implement this section before October 1, 2006.
As added by P.L.140-2000, SEC.20. Amended by P.L.54-2005,
SEC.4.
IC 13-18-3-2.6
Permit schedules of compliance
Sec. 2.6. (a) Where appropriate, permits shall contain schedules
of compliance requiring the permittee to take specific steps to
achieve expeditious compliance with applicable standards,
limitations, and other requirements.
(b) The schedule of compliance shall require compliance as soon
as reasonably possible, but may remain in effect as long as the
National Pollutant Discharge Elimination System (NPDES) permit
requirements are in effect.
(c) The department shall, at the request of the NPDES permit
holder, incorporate in the permit a schedule of compliance for
meeting the water quality based requirements associated with
combined sewer overflows during the period of development,
approval, and implementation of the long term control plan. The
schedules of compliance:
(1) may exceed time frames authorized under 327 IAC; and
(2) may not exceed the period specified for implementation in
an approved long term control plan.
(d) If the term of a schedule of compliance exceeds the term of an
NPDES permit, the department shall continue to implement the
schedule of compliance continuously before and during each
successive permit term, to the maximum duration as provided in
subsection (c). The permit shall specify that the schedule of
compliance lasts beyond the term of the permit.
(e) Upon request of the permittee, the department shall modify
NPDES permits containing water quality based requirements
associated with combined sewer overflows to provide schedules of
compliance as provided in subsection (c).
(f) The board shall adopt rules under IC 13-14-8 and IC 13-14-9
to implement this section before October 1, 2006.
As added by P.L.54-2005, SEC.5.
IC 13-18-3-4
Orders; review by environmental law judge
Sec. 4. (a) The commissioner may enter into agreed orders as
provided in IC 13-30-3-6.
(b) An environmental law judge under IC 4-21.5-7 shall review
orders and determinations of the commissioner.
As added by P.L.1-1996, SEC.8.
IC 13-18-3-5
Additional duties
Sec. 5. The board shall carry out other duties imposed by law.
As added by P.L.1-1996, SEC.8.
IC 13-18-3-6
Enforcement
Sec. 6. The water pollution control laws may be enforced under
IC 13-30-3 or IC 13-14-2-6.
As added by P.L.1-1996, SEC.8.
IC 13-18-3-7
Orders to acquire, construct, repair, alter, or extend plants
Sec. 7. The commissioner may order any person to acquire,
construct, repair, alter, or extend the plants that are necessary for the
disposal or treatment of organic or inorganic matter that is:
(1) causing;
(2) contributing to; or
(3) about to cause or contribute to;
a polluted condition of the waters of Indiana.
As added by P.L.1-1996, SEC.8.
IC 13-18-3-8
Sealing of mines and wells
Sec. 8. The commissioner may require the sealing of mines, oil
and gas wells, brine wells, or any other subterranean strata that are:
(1) causing;
(2) contributing to; or
(3) about to cause or contribute to;
a polluted condition of the waters of Indiana.
As added by P.L.1-1996, SEC.8.
IC 13-18-3-9
Entry upon property; purposes
Sec. 9. The department may, through any authorized agent, enter
at all reasonable times in or upon any private or public property for
the purpose of inspecting and investigating conditions relating to the
pollution of any water of Indiana.
As added by P.L.1-1996, SEC.8.
IC 13-18-3-10
Assistance from other state departments, agencies, or institutions
Sec. 10. The department may call upon:
(1) any state officer, board, department, school, university, or
other state institution; and
(2) the officers or employees of an individual entity described
in subdivision (1);
for any assistance necessary to carry out the water pollution control
laws.
As added by P.L.1-1996, SEC.8.
IC 13-18-3-11
Liberal construction
Sec. 11. Since the water pollution control laws are necessary for
the public health, safety, and welfare, the water pollution control
laws shall be liberally construed to effectuate the purposes of the
water pollution control laws.
As added by P.L.1-1996, SEC.8.
IC 13-18-3-12
Adoption of rules waiving requirement of submission of plans
Sec. 12. The water pollution control board shall adopt rules
providing that whenever a person submits plans to a unit concerning
the design or construction of:
(1) a sanitary sewer or public water main, if:
(A) a professional engineer who is registered under IC 25-31
prepared the plans;
(B) the unit provided for review of the plans by a qualified
engineer and subsequently approved the plans; and
(C) all other requirements specified in rules adopted by the
water pollution control board are met; or
(2) a sanitary sewer extension for and within a subdivision, if:
(A) a qualified land surveyor who is registered under
IC 25-21.5 prepared the plans;
(B) the subdivision is being laid out or having been laid out
by the land surveyor subject to IC 25-21.5-7;
(C) the unit provided for review of the plans by a qualified
engineer and subsequently approved the plans; and
(D) all other requirements specified in rules adopted by the
water pollution control board are met;
the plans are not required to be submitted to any state agency for a
permit, permission, or review, unless required by federal law.
As added by P.L.104-1998, SEC.1. Amended by P.L.241-1999,
SEC.1.
IC 13-18-3-14
Outstanding state resource water improvement fund
Sec. 14. (a) The outstanding state resource water improvement
fund is established. All money collected under section 2 of this
chapter and any money accruing to the fund are continuously
appropriated to the fund to carry out the purposes of section 2 of this
chapter. Money in the fund at the end of a state fiscal year does not
revert to the state general fund, unless the outstanding state resource
water improvement fund is abolished.
(b) The outstanding state resource water improvement fund shall
be administered as follows:
(1) The fund may be used by the department of environmental
management to fund projects that will lead to overall
improvement to the water quality of the affected exceptional
use water or outstanding state resource water.
(2) The treasurer of state may invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(3) Any interest received accrues to the fund.
(4) The expenses of administering the fund shall be paid from
the fund.
As added by P.L.140-2000, SEC.21.