Section 327IAC15-13-9. Submittal of an NOI letter and other documents

   (a) All information required under section 6 of this rule must be submitted to the commissioner. An MS4 entity that meets the designation criteria under section 3 of this rule shall submit the NOI letter, SWQMP-Part A: Initial Application, and other required documentation no later than ninety (90) days from the effective date of this rule unless:

(1) written permission for a later date has been granted by the commissioner; or

(2) the MS4 entity was not notified in writing at least one hundred eighty (180) days prior to the effective date of this rule.

  (b) A termination request, the NOI letter, Parts A, B, and C of the SWQMP, and any other required information must be submitted to:

  Indiana Department of Environmental Management

  Office of Water Quality, Urban Wet Weather Section

  100 North Senate Avenue, Room N1255

  Indianapolis, Indiana 46204

Attention: Rule 13 Storm Water Coordinator

  (c) The permit and the compliance schedules of this rule become effective upon receipt of the initial NOI letter by the department.

  (d) The commissioner may deny coverage under this rule and require submittal of an application for an individual NPDES permit based on a review of the NOI letter or other information. This review may consider the location and size of the discharge, the quantity and nature of the pollutants discharged, and other relevant factors. Before completing the review, the department will inform the MS4 entity as to what information is being used for the review and provide the MS4 entity an opportunity to respond if the MS4 entity believes the information used is inaccurate or incomplete.

  (e) An MS4 entity that either was not notified in writing at least one hundred eighty (180) days prior to the effective date of this rule or meets the designation criteria of section 3 of this rule after the effective date of this rule due to changing conditions or new facility construction shall submit the required information under section 6 of this rule within three hundred sixty-five (365) days of either:

(1) the date of receivership on the written notification;

(2) becoming aware of the relevant changed conditions; or

(3) upon the initiation of facility operations;

unless written permission for a later date has been granted by the commissioner.

  (f) Any person who knowingly makes any false statement, representation, or certification in any document submitted or required to be maintained under this rule is subject to 327 IAC 15-4-3(i). (Water Pollution Control Division; 327 IAC 15-13-9; filed Jul 7, 2003, 2:15 p.m.: 26 IR 3587; errata filed Feb 6, 2006, 11:15 a.m.: 29 IR 1939)