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 13-18-4
Sec. 5.
(a) In
addition to the NOI letter requirements contained in 327 IAC
15-3, a person
regulated under this rule must submit with the NOI letter requirements under
this rule the following information:
(1) The
discharge location of each outfall, including each outfall regulated under
section 7(b)(6) of this rule and its associated receiving stream.
(2) An identifying outfall number. The
numbering shall start at 001 for the first outfall, 002 for the second outfall,
and continue in that manner until all outfalls are numbered. The sequential
number assigned to any outfall identified under section 7(b)(6) of this rule
shall be preceded by an "S".
(3)
For each numbered outfall, identify the mine drainage status regulated under
section 7(a)(1) through 7(a)(4) of this rule. For numbered outfalls regulated
under section 7(b)(6) of this rule, identify the outfall as discharging storm
water.
(4) The dry weather base
flow value for each numbered outfall regulated under section 7(a)(1) through
7(a)(4) of this rule.
(5) A
topographical map identifying the location of the coal mining operation, the
receiving streams, and the location of each numbered outfall.
(b) The NOI letter must also
include proof of publication of the following statement in a newspaper of
largest circulation in the area of the discharge:
"(Your facility name, address, address of the location of the
discharging facility, and the stream(s) receiving the discharge(s)) is
submitting a Notice of Intent letter to notify the Indiana Department of
Environmental Management of our intent to comply with the requirements under
327 IAC 15-7 to discharge wastewater associated with the mining of coal, coal
processing, and/or reclamation activities. Any person aggrieved by this action
may appeal in writing to the Environmental Law Judge of the Office of
Environmental Adjudication for an adjudicatory hearing on the question of
whether this facility should operate under this NPDES general permit rule. An
appeal must be postmarked no later than fifteen (15) days from the date of this
public notice. Such a written request for an adjudicatory hearing must:
(A) state the name and address of the person
making the request;
(B) identify
the interest of the person making the request;
(C) identify any persons represented by the
person making the request;
(D)
state with particularity the reasons for the request;
(E) state with particularity the issues
proposed for consideration at the hearing; and
(F) state with particularity the reasons why
the NPDES general permit rule should not be available to the discharger
identified in this notice.
Any such request shall be mailed or delivered to:
Office of Environmental Adjudication
Indiana Government Center-North
100 North Senate Avenue, Room N501
Indianapolis, Indiana 46204".
(c) Following submittal of an NOI letter to
IDEM and publication in the newspaper by the person requesting coverage under
subsection (b), IDEM shall do the following:
(1) Review the NOI for applicability pursuant
to section 3 of this rule and for compliance with the requirements of
subsection (a).
(2) List this
facility, the NPDES general permit tracking number, and the information
contained in this notice in a monthly publication to be distributed by IDEM to
all persons who have asked to receive NPDES general permit rule notification.
This monthly publication shall be issued by IDEM on the fifteenth day of every
month and shall identify all facilities which met both the NOI and newspaper
publication requirements in the preceding month. Requests to be placed on the
NPDES general permit rule notification list shall be mailed or delivered to the
address at
327 IAC 15-3-1. IDEM's
monthly publication will also contain the following instructions:
"Any person aggrieved by this action may appeal in writing to
the Environmental Law Judge of the Office of Environmental Adjudication for an
adjudicatory hearing on the question of whether this facility should operate
under this NPDES general permit rule. An appeal must be postmarked no later
than fifteen (15) days from the publication date of this public notice. Such a
written request for an adjudicatory hearing must:
(A) state the name and address of the person
making the request;
(B) identify
the interest of the person making the request;
(C) identify any persons represented by the
person making the request;
(D)
state with particularity the reasons for the request;
(E) state with particularity the issues
proposed for consideration at the hearing; and
(F) identify the NPDES general permit rule
terms and conditions which, in the judgment of the person making the request,
would be appropriate to satisfy the requirements of the law governing this
NPDES general permit rule. If any person filing such objections desires any
part of this NPDES general permit rule to be stayed pending the outcome of the
appeal, a specific request for such must be included in the request identifying
those parts of the rule to be stayed.
Any such request shall be mailed or delivered to:
Office of Environmental Adjudication
Indiana Government Center-North
100 North Senate Avenue, Room N501
Indianapolis, Indiana 46204".
(d) An amended NOI letter
containing the information required in 327 IAC
15-3 and subsection (a) shall be
submitted for active or post mining areas and coal preparation plants and
associated areas prior to initiating one (1) of the following events:
(1) A point source discharge is added or
deleted.
(2) A change is made in
mine drainage status to a point source discharge.
(3) The point source discharge location is
changed to a different receiving stream.
(e) A copy of the NOI letter and the amended
NOI letter required under this section shall also be sent to the following
address:
Indiana Department of Natural Resources
Division of Reclamation
14619 West State Road 48
Jasonville, Indiana 47438-7056