Section 327IAC5-21-6. Conditions applicable to all permits

   (a) The following conditions apply to all IWP permits and must be expressly incorporated into the permit or incorporated by reference:

(1) Permit conditions specified in 327 IAC 5-2-8(1) through 327 IAC 5-2-8(3), 327 IAC 5-2-8(7) through 327 IAC 5-2-8(9), and 327 IAC 5-2-8(13).

(2) The upset provision according to 327 IAC 5-16-6.

(3) The bypass provision according to 327 IAC 5-16-7.

(4) The enforcement provision according to 327 IAC 5-16-4.

  (b) An IWP permit may be modified in whole or in part, revoked and reissued, or terminated during its term for cause in accordance with the pertinent provisions of 327 IAC 5-2-16. An IWP permittee must:

(1) report to the commissioner plans for or information about any activity that has occurred or will occur that would constitute cause for modification or revocation and reissuance under this section;

(2) comply with the existing IWP permit until it is modified or reissued; and

(3) abide by the commissioner’s decision:

(A) to modify or revoke and reissue the permit; and

(B) require submission of a new application as required by section 3 of this rule.

  (c) If the permittee does not or will not be able to comply for any reason with any discharge limitation specified in the IWP permit, the permittee shall provide the commissioner with the following information within twenty-four (24) hours of an event of permit noncompliance:

(1) A description of the discharge and cause of noncompliance.

(2) The period of noncompliance, including exact dates and times of the noncomplying event and the anticipated time when the discharge will return to compliance.

(3) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge.

  (d) The permittee shall take all reasonable steps to minimize any adverse impact to the POTW or to waters of the state resulting from noncompliance with the IWP permit. (Water Pollution Control Division; 327 IAC 5-21-6; filed Oct 10, 2000, 3:02 p.m.: 24 IR 315)