Section 327IAC15-13-22. Inspection and enforcement

   (a) The commissioner may inspect an MS4 entity regulated under this rule at any time. Any documentation required in sections 6 through 20 of this rule or related to implementation of this rule must be available at the physical address corresponding to the MS4 operator or the primary contact individual for review by the commissioner during normal business hours.

  (b) At a minimum, records shall be established and maintained at the address referenced in subsection (a) for the five (5) years of the permit term. The five (5) year period will be extended:

(1) automatically during the course of any unresolved litigation regarding the discharge of pollutants by the MS4 operator, or other MS4 entity regulated by the MS4 area permit, or regarding promulgated effluent guidelines applicable to the MS4 area; or

(2) as requested by the regional administrator of the United States Environmental Protection Agency or the commissioner.

  (c) The commissioner may request data to facilitate the identification or quantification of pollutants that may be released to the environment from an MS4 conveyance or to determine effectiveness of the MCMs.

  (d) The commissioner, or an authorized representative, upon providing appropriate credentials, may inspect an MS4 entity regulated under this rule at any time. Record keeping and reporting requirements for sections 15 and 16 of this rule shall conform to 327 IAC 15-5.

  (e) All persons or MS4 entities responsible for the MS4 conveyances shall be responsible for complying with the SWQMP for the MS4 area and the provisions of this rule. Any person or MS4 entity causing or contributing to a violation of any provisions of this rule shall be subject to IC 13-30 and IC 13-14-10.

  (f) All projects within a regulated MS4 area meeting the applicability requirements of 327 IAC 15-5 are subject to inspection and enforcement by the department or their designated representative for violations associated with 327 IAC 15-5. (Water Pollution Control Division; 327 IAC 15-13-22; filed Jul 7, 2003, 2:15 p.m.: 26 IR 3594; filed Oct 9, 2015, 4:07 p.m.: 20151104-IR-327100659FRA)