327 IAC 5-2-3 - Permit application

Current through March 30, 2022

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.

Notes

327 IAC 5-2-3
Water Pollution Control Board; 327 IAC 5-2-3; filed Sep 24, 1987, 3:00 p.m.: 11 IR 618; filed Feb 26, 1993, 5:00 p.m.: 16 IR 1738; filed Jan 14, 1997, 12:00 p.m.: 20 IR 1422; errata filed Aug 11, 1997, 4:15 p.m.: 20 IR 3378 Filed 10/9/2015, 4:07 p.m.: 20151104-IR-327100659FRA Filed 8/9/2019, 11:58 a.m.: 20190904-IR-327180271FRA Errata Filed 9/10/2019, 9:11 a.m.: 20190925-IR-327190461ACA

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