Section 327IAC15-4-1. General conditions

   (a) The conditions in this section apply to all NPDES general permits issued under 327 IAC 15-5, 327 IAC 15-6, 327 IAC 15-7, 327 IAC 15-13, and 327 IAC 15-14.

  (b) Any violation of this article constitutes a violation of the CWA and environmental management laws and is subject to enforcement under IC 13-30. A person who violates this article may be required to obtain an individual NPDES permit.

  (c) In accordance with IC 13-30-4-1, any person who violates a rule or standard adopted by the board is subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000) per day of such violation. Knowing, willful, or reckless violations of NPDES permit conditions are subject to criminal penalties under IC 13-30-10. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be a fine of not more than fifty thousand dollars ($50,000) per day of violation, or by imprisonment for not more than two (2) years, or both. Except as provided in applicable general permit rule conditions on bypassing under section 2(c) of this rule, and upsets under section 2(d) of this rule, nothing in this article shall be construed to relieve persons in violation of it from civil or criminal penalties for noncompliance.

  (d) Persons in violation of this article shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from their noncompliance.

  (e) Persons regulated by this article shall furnish to the commissioner, within a reasonable time, any information which the commissioner may request to determine whether cause exists for revoking and reapproving or terminating the approval to discharge under this article or to determine compliance with this article. Those persons shall also furnish to the commissioner, upon request, copies of records required to be kept by this article.

  (f) Notwithstanding the provisions of 327 IAC 15-2-9, if a toxic effluent standard, prohibition, or sediment, wet weather, or biological criteria (including any schedule of compliance specified in such effluent standard or prohibition) is established under the CWA for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in an applicable general permit rule, the rule shall be modified to conform to the toxic effluent standard or prohibition. The person shall comply with effluent standards or prohibitions established under the CWA for toxic pollutants injurious to human health within the time provided in the regulations that establish those standards or prohibitions, even if the rule has not yet been modified to incorporate the requirement.

  (g) When cyanide or cyanogen compounds are used in any of the processes at a facility regulated under this article, the person responsible for that facility shall provide approved facilities for the containment of any losses of these compounds in accordance with the requirements under 327 IAC 2-2-1.

  (h) Persons regulated by this article shall have all wastewater treatment facilities, if any, under the direct supervision of an operator certified by the commissioner as required under IC 13-18-11 and 327 IAC 8-12.

  (i) Nothing in this article shall be construed to relieve anyone from any responsibility, liability, or penalty to which they are or may be subject to under the CWA.

  (j) The applicability of this article does not convey any property rights of any sort or any exclusive privileges.

  (k) The provisions of this article are severable and, if any provision of this article or the application of any provision of this article to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of this article shall not be affected thereby.

  (l) Persons regulated by this article shall allow the commissioner, or an authorized representative, (including an authorized contractor or representative of another governmental agency acting as a representative on behalf of the commissioner), at reasonable times, and in a manner to minimize disruption of the business, upon the presentation of credentials and such other documents as may be required by law, to:

(1) enter upon the premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this article;

(2) have access to and copy, at reasonable times, any records that must be kept under the conditions of this article;

(3) inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this article; and

(4) sample or monitor, at reasonable times, for the purposes of assuring compliance with the applicable general permit rule conditions or as otherwise authorized by the CWA any substances or parameters at any location.

  (m) Persons regulated by this article shall not construct, install, or modify any water pollution control facility without a valid construction permit issued by the department under 327 IAC 3-2.

  (n) A person with a new facility to which 327 IAC 15-5, 327 IAC 15-6, 327 IAC 15-7, 327 IAC 15-13, or 327 IAC 15-14 applies must comply with all applicable requirements of this article including the submittal of the appropriate NOI. (Water Pollution Control Division; 327 IAC 15-4-1; filed Aug 31, 1992, 5:00 p.m.: 16 IR 19; errata filed Sep 10, 1992, 12:00 p.m.: 16 IR 65; errata, 16 IR 751; errata, 16 IR 898; filed Oct 9, 2015, 4:07 p.m.: 20151104-IR-327100659FRA; errata filed Dec 30, 2015, 12:37 p.m.: 20160113-IR-327150453ACA)