Sec. 327 IAC 2-11-3 - Definitions

ยง 327 IAC 2-11-3. Definitions

Authority: IC 13-18-3-1; IC 13-18-4-1; IC 13-18-4-3; IC 13-18-4-4; IC 13-18-4-5; IC 13-18-17-5

Affected: IC 13-11-2-71; IC 13-18-4; IC 13-18-17; IC 14-34

Sec. 3.

The following definitions apply throughout this rule:

(1) "Agency" means one (1) or more of the following:

(A) The department of environmental management.

(B) The department of natural resources.

(C) The Indiana state department of health.

(D) The state chemist of the state of Indiana.

(E) The office of the state fire marshal.

(2) "Commissioner" means the commissioner of the department of environmental management.

(3) "Contaminant" means any solid, semisolid, liquid, or gaseous matter, or any odor, radioactive material, pollutant as defined by the federal Water Pollution Control Act (33 U.S.C. 1362(6))*, hazardous waste as defined in the federal Solid Waste Disposal Act (42 U.S.C. 6903(5))*, any constituent of a hazardous waste, or any combination of the items described in this subdivision, from whatever source, that:

(A) is injurious to human health, plant or animal life, or property;

(B) interferes unreasonably with the enjoyment of life or property; or

(C) otherwise violates:

(i) environmental management laws; or

(ii) rules adopted under environmental management laws.

(4) "Criterion" means a numeric value or a narrative statement established to maintain and protect the quality of ground water.

(5) "Drinking water well" means a bored, drilled, or driven shaft or a dug hole that meets the following:

(A) Supplies ground water for human consumption.

(B) Has a depth greater than its largest surface dimension.

(C) Is not permanently abandoned in accordance with 312 IAC 13-10-2.

(6) "Environmental management laws" has the meaning set forth in IC 13-11-2-71.

(7) "Ground water" means water located below the ground surface in interconnected voids and pore spaces in the zone of saturation.

(8) "Ground water management zone" means a three (3) dimensional region of ground water around a potential or existing contaminant source, where a contaminant is or was managed to prevent or mitigate deterioration of ground water quality so that the criteria established in this rule are met at and beyond the boundary of the region.

(9) "Naturally occurring concentration" means a constituent concentration in ground water that is not attributable to human activity.

(10) "Preventative action level" means a measured concentration of a chemical constituent that is:

(A) established on a site-specific or program-specific basis;

(B) used to evaluate sample analysis data from ground water monitoring systems;

(C) statistically measurable using standard laboratory analyses; and

(D) used to determine if further action is necessary to ensure the standards established in this rule are not violated.

(11) "Property boundary" means the edge of a contiguous parcel of land owned or leased by a common owner or lessee. Contiguous land includes land separated by a public right-of-way, if that land would otherwise be contiguous.

(12) "Standards", when used without qualification, means:

(A) the numeric and narrative criteria;

(B) the classification plan; and

(C) the method of determining where the criteria must apply; established by this rule.

(13) "Surface water quality standards" means the water quality standards established in 327 IAC 2-1 and 327 IAC 2-1.5.

*Copies of these publications 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.

(Water Pollution Control Board; 327 IAC 2-11-3; filed Feb 4, 2002, 11:00 a.m.: 25 IR 1877; errata filed Feb 5, 2002, 1:52 p.m.: 25 IR 1906; errata filed Feb 6, 2006, 11:15 a.m.: 29 IR 1936; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA Filed 9/6/2018, 11:50 a.m.: 20181003-IR-327170278FRA Readopted filed 5/27/2020, 11:52 a.m.: 20200624-IR-327200186BFA)

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