Section 327IAC5-21-7. Applicable discharge limitations and related conditions

   Permits issued under this rule must ensure compliance with the following as applicable:

(1) The most stringent pretreatment standards and requirements specified in 327 IAC 5-18 that are applicable to a particular discharge. For purposes of this section, a pretreatment standard or requirement is applicable if it applies by its terms to the discharge and becomes effective prior to final issuance of an IWP permit.

(2) With respect to an IWP permit to be issued to an industrial user within one (1) of the industrial categories or subcategories listed in 327 IAC 5-18-10, if an applicable categorical pretreatment standard has not yet been promulgated under Section 307(b) or 307(c) of the Clean Water Act (33 U.S.C. 1317(b) or 33 U.S.C. 1317(c)), the permit shall include a condition stating that if such a categorical pretreatment standard is subsequently promulgated that is more stringent than any discharge limit in the permit or controls a pollutant not limited in the permit, the permit shall be promptly modified or revoked and reissued in accordance with such categorical pretreatment standard.

(3) The alternative discharge limitations or standards where warranted by fundamentally different factors under 327 IAC 5-18-5(a).

(4) The best management practices to control or abate the discharge of pollutants where:

(A) numeric effluent limitations are infeasible; or

(B) the practices are reasonably necessary to achieve discharge limitations and standards or to carry out the purposes of the Clean Water Act (33 U.S.C. 1251).

(5) No permit shall be issued for the discharge of any radiological, chemical, or biological warfare agent or high level radioactive waste.

(6) If the promulgated pretreatment standards, listed in 327 IAC 5-18-10, are based on production or equivalent concentration limitations, then equivalent mass limitations may be applied in place of the standard where appropriate in the permit. If equivalent limitations are applied, the permit limitations shall be calculated in accordance with 327 IAC 5-18-4(d).

(7) Discharges that are not continuous shall be particularly described and limited, considering the following factors, as appropriate:

(A) Frequency.

(B) Total mass.

(C) Maximum rate of discharge of pollutants during the discharge.

(D) Prohibition or limitation of specified pollutants by mass, concentration, or other appropriate measure.

(8) If permit effluent limitations or standards imposed at the point of discharge are impractical or infeasible, then effluent limitations or standards for discharges of pollutants may be imposed on internal waste streams prior to mixing with other waste streams or cooling water streams with the following requirements applied:

(A) The monitoring required by section 9 of this rule shall also be applied to the internal waste streams.

(B) The effluent limitations on internal waste streams shall be developed in accordance with the provisions of 327 IAC 5-2-11(h).

(Water Pollution Control Division; 327 IAC 5-21-7; filed Oct 10, 2000, 3:02 p.m.: 24 IR 316)