Section 327IAC5-4-6. Storm water discharges

   (a) The following discharges consisting entirely of storm water 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 storm water effluent limitation guidelines unless the effluent limitations are placed in a general permit under 327 IAC 15.

(4) A discharge associated with the state 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 storm water 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 storm water runoff from any of the following:

(1) Agricultural storm water runoff or return flows from irrigated agriculture.

(2) Storm water 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) Storm water 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 storm water, or if an individual permit is required under 327 IAC 5-2-2 that includes discharge of commingled storm water associated with industrial activity, the department may consider the following in determining the requirements to be contained in the permit:

(1) The provisions in the following:

(A) 327 IAC 15-5, 327 IAC 15-6, and 327 IAC 15-13, as appropriate to the type of storm water discharge.

(B) NPDES Pesticide General Permit for Point Source Discharges to Waters of the State from the Application of Pesticides, Permit Number ING870000, effective October 31, 2011, available at:

http://www.in.gov/idem/files/npdes_permit_pesticide_final_permit.pdf

or from the IDEM Office of Water Quality, Permits Branch, 100 North Senate Avenue, Indianapolis, IN 46204-2251.

(C) 327 IAC 5-2, 327 IAC 5-5, and 327 IAC 5-9 for establishing NPDES permit effluent limitations and conditions.

(2) "Interim Permitting Approach for Water Quality-Based Effluent Limitations in Storm Water Permits", EPA 833-D-96-001, September 1, 1996, available from U.S. EPA/NSCEP, P.O. Box 42419, Cincinnati, Ohio 45242-0419 or from the department.

(3) The nature of the discharges and activities occurring at the site or facility.

(4) Other information relevant to the potential impact on water quality.

  (e) Storm water 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. (Water Pollution Control Division; 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 Oct 9, 2015, 4:07 p.m.: 20151104-IR-327100659FRA; errata filed Dec 30, 2015, 12:37 p.m.: 20160113-IR-327150453ACA)