327 IAC 5-4-6 - Stormwater discharges

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
(C) meets any of the conditions listed in 327 IAC 15-2-9(a).
(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.
(5) A discharge from an MS4 conveyance subject to regulation under 40 CFR 122.26(a)(iii) * or 40 CFR 122.26(a)(iv) *.
(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.


327 IAC 5-4-6
Water Pollution Control Board; 327 IAC 5-4-6; filed Sep 24, 1987, 3:00 p.m.: 11 IR 644; filed Feb 26, 1993, 5:00 p.m.: 16 IR 1764; filed Jul 7, 2003, 2:15 p.m.: 26 IR 3575; errata filed Sep 8, 2003, 3:15 p.m.: 27 IR 191; errata filed Feb 6, 2006, 11:15 a.m.: 29 IR 1936 Filed 10/9/2015, 4:07 p.m.: 20151104-IR-327100659FRA Errata filed 12/30/2015, 12:37 p.m.: 20160113-IR-327150453ACA Filed 11/18/2021, 11:08 a.m.: 20211215-IR-327180238FRA

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