Section 327IAC5-1.5-35. "New discharger" defined

   (a) "New discharger" means any building, structure, facility, or installation:

(1) from which there is or may be a discharge of pollutants;

(2) that did not commence the discharge of pollutants at a particular site prior to August 13, 1979;

(3) is not a new source; and

(4) that has never received a finally effective NPDES permit for discharges at that site.

  (b) The term includes an indirect discharger that commences discharging into waters of the state after August 13, 1979. It also includes any existing mobile point source that begins discharging at a site for which it does not have a permit. (Water Pollution Control Division; 327 IAC 5-1.5-35; filed Jan 14, 1997, 12:00 p.m.: 20 IR 1416; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA)