Indiana Administrative Code (Last Updated: December 20, 2016) |
Title 327. WATER POLLUTION CONTROL DIVISION |
Article 327IAC12.1. PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS |
Rule 327IAC12.1-2. Definitions |
Section 327IAC12.1-2-9. "Effluent data" defined
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(a) "Effluent data" means, with reference to any source of discharge of any pollutant, the following:
(1) Information necessary to determine the identity, amount, frequency, concentration, temperature, or other characteristics, to the extent related to water quality, of any pollutant that has been discharged by the source, or of any pollutant resulting from any discharge from the source, or any combination of the foregoing.
(2) Information necessary to determine the identity, amount, frequency, concentration, temperature, or other characteristics, to the extent related to water quality, of the pollutants that, under an applicable standard or limitation, the source was authorized to discharge, including, to the extent necessary for such purpose, a description of the manner or rate of operation of the source.
(3) A general description of the location or nature, or both, of the source to the extent necessary to identify the source and to distinguish it from other sources, including, to the extent necessary for such purposes, a description of the device, installation, or operation constituting the source.
(b) Notwithstanding subsection (a), the following information shall be considered to be effluent data only to the extent necessary to allow the department to disclose publicly that a source is or is not in compliance with an applicable standard or limitation, or to allow the department to demonstrate the feasibility, practicality, or attainability, or lack thereof, of an existing or proposed standard or limitation:
(1) Information concerning research, or the results of research, on any product, method, device, or installation, or any component thereof, that was produced, developed, installed, and used only for research purposes.
(2) Information concerning any product, method, device, or installation, or any component thereof, designed and intended to be marketed or used commercially but not yet so marketed or used.
(Water Pollution Control Division; 327 IAC 12.1-2-9; filed Mar 9, 2000, 7:47 a.m.: 23 IR 1632; readopted filed Aug 17, 2006, 10:31 a.m.: 20060830-IR-327060183BFA; readopted filed Jul 18, 2012, 2:25 p.m.: 20120815-IR-327120261BFA)