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 person
required to have an NPDES permit, except for a person covered by a general
NPDES permit under 327 IAC
15, shall submit a complete application to the
commissioner in accordance with this section, 327 IAC
5-3, and
40 CFR
122.21 *, as amended by 83 FR
730*, using
the:
(1) forms specified in this section;
or
(2) equivalent state forms
provided by the commissioner.
(b) An application for a permit must be
submitted to the commissioner according to the time requirement in one (1) of
the following:
(2)
327
IAC 5-3-4 for an application for either of the
following:
(A) A statutory modification of an
effluent limitation.
(B) A variance
from an effluent limitation.
(c) The application must be submitted and a
permit obtained by the:
(1) owner of the
facility or operation from which a discharge of pollutants occurs; or
(2) operator of the facility or operation
from which a discharge of pollutants occurs, if the facility or operation is
operated by a person other than an employee of the owner.
(d) An applicant for an NPDES permit, other
than a POTW, shall submit to the commissioner a completed Application Form 1,
General Information EPA Form 3510-1, revised August 1990**.
(e) Existing industrial facilities, including
a:
(1) manufacturing;
(2) commercial;
(3) mining; or
(4) silvicultural;
operation, applying for an NPDES permit shall provide the
commissioner with the additional information specified in Application Form 2C,
Wastewater Discharge Information, EPA Form 3510-2C, revised August
1990**.
(f) A
new or existing concentrated animal feeding operation or a concentrated aquatic
animal production facility shall provide the commissioner with the additional
information specified in Form 2B NPDES, Applications for Permit to Discharge
Wastewater, Concentrated Animal Feeding Operations and Aquatic Animal
Production Facilities, EPA Form 3510-2B, revised November 2008**.
(g) A new or existing POTW shall provide the
additional information specified by
40 CFR
122.21(j) *, as amended by
83 FR
730*, on NPDES Form 2A, Application Overview, EPA Form 3510-2A, revised
January 1999**. Under
40 CFR
122.21(j) *, as amended by
83 FR
730*, the commissioner may waive any requirement of Form 2A** that is not
of material concern for a specific permit, if approved by U.S. EPA. The
following POTWs shall provide the results of valid whole effluent biological
toxicity testing to the commissioner:
(1) A
POTW with a design influent flow equal to or greater than one million
(1,000,000) gallons per day.
(2) A
POTW with an approved pretreatment program or a POTW required to develop a
pretreatment program.
(h) In addition to a POTW listed in
subsection (g), the commissioner may require other POTWs to submit the results
of toxicity tests with their permit applications, based on consideration of the
following factors:
(1) The variability of the
pollutants or pollutant parameters in the POTW effluent based on
chemical-specific information and the type of industrial
contributors.
(2) The dilution of
the effluent in the receiving water as the ratio of effluent flow to receiving
stream flow.
(3) Existing controls
on a point or nonpoint source, including:
(A)
TMDL calculations for the waterbody segment; and
(B) the relative contribution of load from
the POTW.
(4) Receiving
stream characteristics, including:
(A)
possible or known water quality impairments; and
(B) a determination whether the POTW
discharges to:
(i) one (1) of the Great Lakes;
or
(ii) a water designated as an
outstanding state resource.
(5) Other considerations that the
commissioner determines could cause or contribute to adverse water quality
impacts, including, at a minimum, a history of:
(A) toxic impact from the POTW; or
(B) compliance problems at the
POTW.
(i) For
a POTW required under subsection (g) or (h) to conduct toxicity testing, the
POTW shall:
(1) use U.S. EPA's methods or
other established protocols that are:
(A)
scientifically defensible; and
(B)
sufficiently sensitive to detect aquatic toxicity; and
(2) perform the toxicity testing more
recently than the last NPDES permit:
(A)
reissuance; or
(B) modification;
under
40
CFR 122.62(a) *, whichever
occurred later.
(j) A POTW with an approved pretreatment
program shall provide, to the commissioner, a written technical evaluation of
the need to revise local limits under
40 CFR
403.5(c)(1) *.
(k) Except for stormwater discharges, an
existing industrial facility engaged in a:
(1) manufacturing;
(2) commercial;
(3) mining; or
(4) silvicultural;
operation shall provide the additional information specified
in Application Form 2C, Wastewater Discharge Information, EPA Form 3510-2C,
revised August 1990**.
(l) Except for stormwater discharges, a new
industrial facility engaged in a:
(1)
manufacturing;
(2)
commercial;
(3) mining;
or
(4) silvicultural;
operation shall provide the additional information specified
in Application Form 2D, New Sources and New Dischargers: Application for Permit
to Discharge Process Wastewater, EPA Form 3510-2D, revised August
1990**.
(m)
Except for stormwater discharges, a discharger engaged in a:
(1) manufacturing;
(2) commercial;
(3) mining; or
(4) silvicultural;
operation that is applying for an NPDES permit that
discharges only nonprocess wastewater not regulated by an effluent limitations
guideline or new source performance standard shall provide the commissioner
with the additional information specified in Application Form 2E, Facilities
Which Do Not Discharge Process Wastewater, revised August 1, 1990**.
(n) A discharger of
stormwater associated with new or existing industrial activity as defined in
40
CFR
122.26(b)(14) * shall
provide additional information specified in NPDES Form 2F, Application for
Permit to Discharge Storm Water Discharges Associated with Industrial Activity,
EPA Form 3510-2F, revised January 1992**.
(o) An applicant shall keep records of:
(1) data used to complete permit
applications; and
(2) supplemental
information;
submitted under this section for a period of at least three
(3) years from the date the application is signed.
(p) In the case of an application for permit
reissuance by a manufacturing, commercial, mining, or silvicultural discharger
who has previously submitted an application in accordance with subsection (e)
or (l), the permittee may request a waiver of the submission of analytical data
for toxic pollutants that may be required as part of the application if:
(1) analyses reported in the previous
application or applications of at least two (2) samples of the effluent did not
detect the presence of the toxic pollutants; and
(2) the permittee certifies that, to the best
of his or her knowledge, no change in the operation has occurred since the
previous application or applications that would give reason to believe the
previous results would no longer be applicable.
The commissioner may grant or deny, at the commissioner's
discretion, a request for a waiver under this subsection.
(q) For discharges to waters
within the Great Lakes system, in addition to the other requirements of this
section, the following must be met:
(1)
Applicants requesting a permit renewal shall complete the following:
(A) Submit valid, representative receiving
waterbody monitoring data for every metal monitored or limited in the
applicant's existing permit.
(B)
Submit receiving waterbody monitoring data for:
(i) hardness, if the existing permit contains
monitoring for:
(AA) cadmium;
(BB) chromium (III);
(CC) copper;
(DD) lead;
(EE) nickel; or
(FF) zinc; and
(ii) additional substances, if the
commissioner requires the information because the data are necessary to process
the permit application.
If valid, representative, monitoring data in the waterbody
for these parameters are already available, the applicant may request that this
existing data substitute for the monitoring required under this subdivision.
The commissioner may require the submission of this additional receiving
waterbody monitoring data for applicants requesting a new, renewal of, or
modification of an NPDES permit if these additional data are necessary to draft
an NPDES permit.
(2) A permittee authorized to discharge a
combined sewer overflow to the Great Lakes Basin as defined in
40
CFR
122.2 *, as amended by 83 FR
730*, shall
submit a public notification plan as part of its permit application that:
(A) is developed in accordance with 327 IAC
5-2.2 and
40 CFR 122.38 *, as added by 83 FR
730*; and
(B) describes any significant updates to the
plan that may have occurred since the last plan submission.
*These documents are 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.
**The permit application forms described in this section are
available by contacting the IDEM Office of Water Quality, Indiana Government
Center North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204
or owqwwper@idem.in.gov.
