Section 327IAC15-13-7. SWQMP-Part B: baseline characterization and report

   (a) An MS4 operator shall characterize the water quality of all known waters that receive storm water outfall discharges within the MS4 area. This characterization may begin with the receiving waters identified in the NOI letter submittal, and, as receiving waters are identified, the characterization shall be expanded to those additional receiving waters and the subsequent information presented in the corresponding annual report required under section 18 of this rule. The water quality characterization must utilize existing or new information that may describe the chemical, biological, or physical condition of the MS4 area water quality. If monitoring is conducted as part of the characterization, the monitoring of receiving waters shall be either at, or in proximity to, all known, or representative, storm water outfall discharges. After the baseline characterization data is collected, the MS4 operator shall evaluate the data in the baseline characterization to determine which identified areas or specific discharge points are in need of additional water quality measures. This baseline characterization must include the following:

(1) An investigation of land usage and assessment of structural and nonstructural storm water BMP locations and conclusions, such as key observation or monitoring locations in the MS4 conveyances, derived from the land usage investigation.

(2) The identification of known sensitive areas, such as public swimming areas, surface drinking water intakes, waters containing endangered or threatened species and their habitat, or outstanding state resource waters. The identified sensitive areas should be given the highest priority for the selection of BMPs and the prohibition of new or significantly increased MS4 discharges.

(3) A review of known existing and available monitoring data of the MS4 area receiving waters, including, as applicable, data that can be correlated from SRCERs.

(4) The identification of areas having a reasonable potential for or actually causing storm water quality problems based on the available and relevant chemical, biological, physical, land use, and complaint data.

(5) Assessment results of BMP locations and, as appropriate, the structural condition of the BMP related to the BMP's effectiveness in improving storm water quality. As appropriate, this assessment should include recommendations for placement and implementation of additional BMPs within the MS4 area.

  (b) An SWQMP-Part B: Baseline Characterization and Report addressing the requirements of subsection (a) must be developed and submitted to the department at the address specified in section 9(b) of this rule. The SWQMP-Part B: Baseline Characterization and Report and completed corresponding certification form must be submitted no later than one hundred eighty (180) days from the date the initial NOI letter submittal was received by the department or the expiration date of the previous five (5) year permit term.

  (c) The department shall review the SWQMP-Part B: Baseline Characterization and Report for adequacy, and a written NOS letter or NOD letter shall be issued to the MS4 operator. If no letter is issued within ninety (90) days of submittal, the SWQMP-Part B: Baseline Characterization and Report is deemed sufficient.

  (d) Responses to NOD letters shall be made by the recipient within thirty (30) days of the date on the NOD letter.

  (e) Ongoing data collection related to the SWQMP-Part B: Baseline Characterization and Report must be submitted to the department with the corresponding annual report.

  (f) A qualified professional and the MS4 operator shall certify, with the stated paragraph found in 327 IAC 15-4-3(g)(3), a submitted SWQMP-Part B: Baseline Characterization and Report checklist form. (Water Pollution Control Division; 327 IAC 15-13-7; filed Jul 7, 2003, 2:15 p.m.: 26 IR 3584; filed Nov 10, 2014, 1:51 p.m.: 20141210-IR-327130290FRA)