Section 327IAC5-2-7. Prohibitions

   No permit shall be issued in the following circumstances:

  (a) Where the terms or conditions of the permit do not comply with the applicable guidelines and requirements of the CWA or effective regulations promulgated under the CWA or this article (327 IAC 5).

  (b) Where the regional administrator has objected to issuance of the proposed permit under section 402(d) of the CWA.

  (c) Where, in the judgment of the secretary of the Army, anchorage and navigation in or on any of the waters of the United States would be substantially impaired by the discharge.

  (d) For the discharge of any radiological, chemical, or biological warfare agent or high-level radioactive waste.

  (e) For any discharge from a point source substantially inconsistent with a plan or plan amendment approved under section 208(b) of the CWA.

  (f) To a facility which is a new source or a new discharger, if the discharge from the construction or operation of the facility will cause or contribute to the violation of water quality standards in the receiving waters, unless:

(1) The commissioner has conducted a pollutant load allocation analysis for the pertinent segment of the receiving stream which will result in compliance with applicable water quality standards;

(2) Sufficient pollutant load allocations remain to accommodate the proposed discharge and the permit contains effluent limitations consistent with the remaining allocations.

(3) The commissioner has imposed schedules for compliance with the pollutant load allocation upon all existing dischargers into the segment.

(Water Pollution Control Division; 327 IAC 5-2-7; filed Sep 24, 1987, 3:00 pm: 11 IR 620)