327 IAC 15-6-2 - Applicability of the general permit rule for storm water discharges exposed to industrial activity

Current through March 30, 2022

Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2; IC 13-18-3; IC 13-18-4

Affected: IC 4-21.5; IC 13-12-3-1; IC 13-18-1

Sec. 2.

(a) Except as provided in subsections (c) through (j), the requirements under this rule apply to all facilities that meet the following requirements:
(1) Are not prohibited from regulation under an NPDES general permit rule under 327 IAC 15-2-6.
(2) Meet the NPDES general permit rule applicability requirements under 327 IAC 15-2-3.
(3) Have not received a conditional no exposure exclusion from storm water permitting under section 12 of this rule.
(4) Have a new or existing point source discharge composed entirely of storm water and the following allowable nonstorm water discharges exposed to industrial activity:
(A) Discharges from firefighting activities.
(B) Fire hydrant flushings.
(C) Potable water sources, including waterline flushings.
(D) Irrigation drainage.
(E) Landscape watering provided all pesticides, herbicides, and fertilizer have been applied in accordance with manufacturer's instructions.
(F) Routine external building washdown that does not use detergents.
(G) Pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred, unless all spilled material has been removed, and where detergents are not used.
(H) Uncontaminated ground water or spring water.
(I) Foundation or footing drains where flows are not contaminated with process materials, such as solvents.
(J) Uncontaminated air conditioning or compressor condensate.
(K) Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but not intentional discharges from the cooling tower (for example, piped cooling tower blowdown or drains).
(L) Vehicle washwaters where uncontaminated water, without detergents or solvents, is utilized.
(M) Run-off from the use of dust suppressants approved for use by other program areas within the department. Allowable nonstorm water discharges described under this subdivision may be allowed under this rule provided they have not been identified by the permittee or commissioner as a significant contributor of pollutants to a water of the state. If an allowable nonstorm water discharge is determined to be a significant contributor of pollutants to a water of the state an individual wastewater permit may be required for the discharge.
(5) Have industrial activities classified by one (1) or more of the following categories:
(A) Facilities classified under the following SIC codes:
(i) 20 (food and kindred products).
(ii) 21 (tobacco products).
(iii) 22 (textile mill products).
(iv) 23 (apparel and other textile products).
(v) 24 (lumber and wood products).
(vi) 25 (furniture and fixtures).
(vii) 26 (paper and allied products).
(viii) 27 (printing and publishing).
(ix) 28 (chemicals and allied products).
(x) 29 (petroleum and coal products).
(xi) 30 (rubber and miscellaneous plastic products).
(xii) 31 (leather and leather products).
(xiii) 32 (stone, clay, and glass products).
(xiv) 33 (primary metal industries).
(xv) 34 (fabricated metal products).
(xvi) 35 (industrial machinery and equipment).
(xvii) 36 (electronic and other electric equipment).
(xviii) 37 (transportation equipment).
(xix) 38 (instruments and related products).
(xx) 39 (miscellaneous manufacturing industries).
(B) Except for those facilities identified in subsection (e), mining operations classified under the following SIC codes:
(i) 10 (metal mining).
(ii) 13 (oil and gas extraction).
(iii) 14 (nonmetallic minerals, except fuels).
(C) Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of the Resource Conservation and Recovery Act (RCRA), ( 42 U.S.C. 6921 )**.
(D) Except for those facilities identified in subsection (f), landfills, land application sites, open dumps, and transfer stations that receive, or have received, industrial process wastes, as defined in rules of the board at 329 IAC 10-2-95, from any of the types of facilities described under this subdivision.
(E) Facilities involved in the recycling of materials, including metal scrap yards, battery reclaimers, salvage yards, and automobile junkyards, including those classified under the following SIC codes:
(i) 5015 (motor vehicles parts, used).
(ii) 5093 (scrap and waste materials).
(F) Steam electric power generating facilities except for those facilities identified in subsection (g).
(G) Transportation facilities that have vehicle or aircraft maintenance (including vehicle or aircraft rehabilitation, mechanical repairs, painting, fueling, and lubrication), airport runway or aircraft deicing operations, or industrial equipment cleaning areas and are classified under the following SIC codes:
(i) 40 (railroad transportation).
(ii) 41 (local and interurban passenger transit).
(iii) 42 (trucking and warehousing).
(iv) 43 (United States Postal Service).
(v) 44 (water transportation).
(vi) 45 (transportation by air).
(H) Except for those facilities identified in subsections (i) and (j), treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of one million (1,000,000) gallons per day or more, or that are required to have an approved pretreatment program under 40 CFR 403 ***.
(I) Distribution facilities limited to the portions of the facility that are involved in the material handling of agricultural chemicals (chemical fertilizers and pesticides) or are otherwise identified under this clause shall comply with the requirements of this rule if the following conditions are met:
(i) Have been notified by the department of a determination that the facility is subject to this rule because review of available information shows that:
(AA) the facility had a discharge of a pollutant; or
(BB) there is a likelihood of a discharge of a pollutant to waters of the state. A facility that has been notified by the department according to this item that the facility is subject to this rule may exercise its right granted under IC 4-21.5.
(ii) Are involved in the processing, transfer, or storage of agricultural chemicals (chemical fertilizers and pesticides), which meet any of the following storage capacity criteria:
(AA) Fluid bulk fertilizer in undivided quantities in excess of either two thousand five hundred (2,500) gallons for one (1) vessel or seven thousand five hundred (7,500) gallons total for multiple vessels (3 × 2,500 gallon vessels) at a facility.
(BB) Dry bulk fertilizer in undivided quantities exceeding twelve (12) tons.
(CC) Liquid pesticide in undivided quantities in excess of four hundred (400) gallons.
(DD) Dry pesticide in undivided quantities in excess of one hundred (100) pounds and that is in solid form prior to any application or mixing for application and includes formulations, such as dusts, wettable powders, dry flowable powders, and granules.
(J) Facilities engaged in selling fuel or lubricating oils to the trucking industry, where the facility has on-site vehicle maintenance activities, serves as a truck stop or plaza, and are classified as SIC code 5541 (gasoline service stations). Truck stops and plazas that do not have vehicle maintenance activities and gasoline dispensing facilities, such as automotive service stations, convenience stores, and marinas, are not required to comply with this rule.
(b) When a facility, meeting the applicability requirements of subsection (a), is owned by one (1) person but the regulated industrial activity is conducted by another person, it is the duty of the person conducting the regulated industrial activity to apply for a permit under this rule.
(c) A facility classified in one (1) of the following subcategories of facilities that has storm water effluent guidelines for at least one (1) of its subcategories, in effect on February 12, 1992, shall apply for an individual NPDES storm water permit:
(1) Cement manufacturing ( 40 CFR 411 ).
(2) Feedlots ( 40 CFR 412 ).
(3) Fertilizer manufacturing ( 40 CFR 418 ).
(4) Petroleum refining ( 40 CFR 419 ).
(5) Phosphate manufacturing ( 40 CFR 422 ).
(6) Steam electric power generation ( 40 CFR 423 ).
(7) Coal mining ( 40 CFR 434 ).
(8) Mineral mining and processing ( 40 CFR 436 ).
(9) Ore mining and dressing ( 40 CFR 440 ).
(10) Asphalt ( 40 CFR 443 ).
(d) A facility subject to storm water effluent limitation guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Chapter I, Subchapter N* shall apply for an individual NPDES storm water permit.
(e) A sand, gravel, or dimension stone facility classified under SIC code 14 is not subject to this rule if:
(1) it is regulated under a general permit issued by the department; and
(2) all the regulated facility's storm water discharges are addressed by the general permit issued by the department.
(f) A landfill is not subject to this rule if it has satisfied one (1) or more of the following conditions:
(1) Has completed landfill closure approved by the department.
(2) Is regulated under an individual municipal solid waste landfill permit that:
(A) is issued according to 329 IAC 10; and
(B) includes requirements for addressing the quality of storm water run-off.
(g) Steam electric power generating facilities that are involved in the processing, handling, or storage of coal and associated byproducts are not subject to this rule and must apply for an individual NPDES storm water permit.
(h) Transportation facilities identified by SIC code 5171 (petroleum bulk stations and terminals) are not subject to this rule and shall, if facility conditions meet the applicability requirements for a general permit issued by the department, obtain a "Wastewater Discharge Associated with Petroleum Products Terminals" general permit.
(i) Municipal treatment works are not subject to this rule if the treatment works meet the following conditions:
(1) Treat domestic sewage or any other sewage sludge or wastewater.
(2) Have a design flow equal to or greater than one million (1,000,000) gallons per day.
(3) Are considered part of a municipality regulated under 327 IAC 15-13.
(4) Are adequately covered under the requirements of 327 IAC 15-13-17.
(j) Farmland, domestic gardens, or land used for sludge management is not subject to this rule if the following conditions are met:
(1) Sludge is beneficially reused.
(2) The land is not physically located within:
(A) the confines of a municipal treatment works facility; or
(B) areas that are in compliance with Section 405 of the Clean Water Act ( 33 U.S.C. 1345 )****.

*Copies of the Code of Federal Regulations (CFR) 40 CFR Chapter I, Subchapter N referenced in this section may be obtained from the Government Printing Office, Washington, D.C. 20402 or the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204.

**Copies of the Subtitle C of the Resource Conservation and Recovery Act (RCRA), ( 42 U.S.C. 6921 ) referenced in this section may be obtained from the Government Printing Office, Washington, D.C. 20402 or the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204.

***Copies of the Code of Federal Regulations (CFR) 40 CFR 403 referenced in this section may be obtained from the Government Printing Office, Washington, D.C. 20402 or the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204.

****Copies of Section 405 of the Clean Water Act ( 33 U.S.C. 1345 ) referenced in this section may be obtained from the Government Printing Office, Washington, D.C. 20402 or the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204.

Notes

327 IAC 15-6-2
Water Pollution Control Board; 327 IAC 15-6-2; filed Aug 31, 1992, 5:00 p.m.: 16 IR 26; errata, 16 IR 751; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; filed Oct 27, 2003, 10:15 a.m.: 27 IR 845; errata filed Feb 4, 2004, 1:45 p.m.: 27 IR 2284; errata filed Feb 6, 2006, 11:15 a.m.: 29 IR 1938; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; Filed 10/9/2015, 4:07 p.m.: 20151104-IR-327100659FRA Readopted filed Jun 14, 2019, 1:59 p.m.: 20190710-IR-327190246BFA

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