Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1
Affected: IC 13-18-4
Sec. 6.
(a) The
following discharges consisting entirely of stormwater require an individual
permit:
(1) A discharge that the commissioner
determines:
(A) contributes to a violation of
a water quality standard;
(B) is a
significant contributor of pollutants to waters or to a regulated municipal
separate storm sewer system (MS4) conveyance; or
(2) A discharge with respect to which a
permit has been issued prior to February 4, 1987.
(3) A discharge that is subject to federal
stormwater effluent limitation guidelines unless the effluent limitations are
placed in a general permit under 327 IAC
15.
(4) A discharge associated with the Indiana
department of transportation.
(b) Discharges
described in
327 IAC
15-2-2 that consist entirely of stormwater require an
NPDES permit and are eligible for coverage under a general permit unless any of
the conditions in subsection (a) for issuance of an individual permit is
met.
(c) The commissioner shall
not, under this section, require a permit for discharges of stormwater runoff
from any of the following:
(1) Agricultural
stormwater runoff or return flows from irrigated agriculture.
(2) Stormwater discharges from mining
operations composed entirely of flows from conveyances or systems of
conveyances used for collecting and conveying precipitation runoff that has not
come into contact with any overburden, raw material, intermediate products,
finished product, byproducts, or waste products located on the site of the
operations. Conveyances include pipes, conduits, ditches, and
channels.
(3) Stormwater discharges
from oil and gas exploration field activities or operations associated with oil
and gas exploration, production, processing or treatment operations or
transmission facilities, including activities necessary to prepare a site for
drilling and the movement and placement of drilling equipment.
(d) If an individual permit is
required under subsection (a) for discharges consisting entirely of stormwater,
or if an individual permit is required under
327 IAC
5-2-2 that includes discharge of commingled stormwater
associated with industrial activity, the department may consider information
from the following in determining the requirements to be contained in the
permit:
(1) The nature of the discharges and
activities occurring at the site or facility.
(2) Information relevant to the potential
impact on water quality.
(3) The
requirements found in the following:
(4) "Interim Permitting Approach for Water
Quality-Based Effluent Limitations in Stormwater Permits", EPA 833-D-96-001,
September 1, 1996**.
(e)
Stormwater runoff discharged into a combined sewer system is not subject to the
provisions of this section.
(f)
Whether a discharge from an MS4 conveyance is subject to regulation under this
section shall have no bearing on whether the owner or operator of the discharge
is eligible for funding under Title II, Title III, or Title VI of the Clean
Water Act.
*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, 100 North Senate Avenue,
Thirteenth Floor, Indianapolis, Indiana 46204.
**This document is available from U.S. EPA/NSCEP, P.O. Box
42419, Cincinnati, OH 45242-0419 or from the Indiana Department of
Environmental Management, Office of Water Quality, Permits Branch, Indiana
Government Center North, 100 North Senate Avenue, Room N1255, Indianapolis,
Indiana 46204.
