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 4-21.5; IC 13-11-2; IC 13-18-3-15; IC
commissioner may require a person either with an existing discharge subject to
the requirements of an applicable general permit or this article or who is
proposing a discharge that would otherwise be subject to the requirements of an
applicable general permit or this article to apply for and obtain an individual
NPDES permit if one (1) or more of the following occurs:
The applicable requirements contained in
the applicable general permit or this article are not adequate to ensure
the provisions that implement water
quality standards contained in 327 IAC 5
The person is not in compliance with:
(A) the terms and conditions of the
applicable general permit; or
change has occurred in the availability of demonstrated technology or practices
for the control or abatement of pollutants from the discharge.
(4) Effluent limitation guidelines that are
more stringent than the requirements in the general permit are subsequently
promulgated for discharges regulated by the general permit.
(5) A water quality management plan
containing more stringent requirements applicable to the discharge or
discharges regulated by the general permit is approved.
Circumstances have changed since the
activity regulated under the applicable general permit or this article began so
(A) the discharge is no longer
appropriately controlled under the general permit; or
either a temporary or permanent:
(i) reduction; or
(ii) elimination; of the authorized discharge
The receiving water of the discharge is
identified as impaired for a pollutant proposed to be discharged and listed
pursuant to Section 303(d) of the Clean Water Act (33 U.S.C.
The commissioner has revoked the person's
coverage under the general permit.
An interested person may petition the commissioner to take
action under this subsection.
If, under subsection (a), the
commissioner requires an individual NPDES permit, pursuant to
, the commissioner shall notify the person in
writing that an individual NPDES permit application is required. This notice
shall be issued pursuant to IC 4-21.5 and shall also include the following:
(1) A brief statement of the reasons for this
(2) An application
(3) A statement setting a
time for the person to file the application.
A statement that on the effective date of
the individual NPDES permit, the general permit as it applies to the person
shall no longer apply.
The commissioner may grant additional time upon request of
the applicant for completion of the application.
A person having financial responsibility
or operational control for a:
(2) project site;
municipal separate storm
sewer system area and the associated stormwater discharges; that meets the
applicability requirements of the general permit and is not covered by an
existing individual NPDES permit, must submit an application under
if the operator seeks to cover the discharge under
an individual permit.
*Information about impaired waters under Section 303(d) of
the Clean Water Act is available from the Indiana Department of Environmental
Management, Office of Water Quality, Indiana Government Center North, 100 North
Senate Avenue, Room N1255, Indianapolis, Indiana 46204 and at