Section 327IAC15-2-2. NPDES general permit requirements

   (a) The commissioner may regulate the following discharges under an NPDES general permit:

(1) Storm water discharges associated with industrial activity, as defined in 40 CFR 122.26(b)(14) consistent with the EPA 2008 NPDES Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity, as modified, effective May 27, 2009.

(2) Storm water discharges associated with construction activity consistent with the EPA 2012 NPDES General Permit for Discharges from Construction Activities effective February 16, 2012.

(3) Small municipal separate storm sewer system discharges consistent with EPA's general permit requirements for small municipal separate storm sewer systems (MS4s) in 40 CFR 122, Subpart B.

(4) Discharges of pesticides to waters of the state consistent with EPA's NPDES Pesticide General Permit (PGP) for Point Source Discharges to Waters of the United States from the Application of Pesticides, effective October 31, 2011.

(5) Discharges of treated sewage from on-site residential sewage discharging disposal systems within the Allen County on-site waste management district for which an operating permit has been issued pursuant to IC 13-18-12-9.

(6) Such other categories or subcategories of discharges or sludge use or disposal practices or facilities, sites, and entities operating within the state that:

(A) involve the same or substantially similar types of operations;

(B) discharge the same types of wastes;

(C) require the same effluent limitations, or operating conditions; and

(D) require the same or similar monitoring requirements;

consistent with the federal NPDES permit program administered by the EPA.

  (b) The commissioner may determine that an individual permit must be obtained under section 9 of this rule.

  (c) Each general permit issued by the commissioner must meet the criteria for general permits in 40 CFR 122.28.

  (d) As provided in 40 CFR 122.28(b)(2)(v), the commissioner may authorize a person to discharge under a general permit without submitting a notice of intent if the commissioner finds that a notice of intent would be inappropriate. However, this provision does not apply to discharges from:

(1) publicly owned treatment works;

(2) combined sewer overflows;

(3) municipal separate storm sewer systems;

(4) primary industrial facilities; and

(5) storm water discharges associated with industrial activity.

(Water Pollution Control Division; 327 IAC 15-2-2; filed Aug 31, 1992, 5:00 p.m.: 16 IR 16; errata filed Sep 10, 1992, 12:00 p.m.: 16 IR 65; filed Oct 9, 2015, 4:07 p.m.: 20151104-IR-327100659FRA)