Section 327IAC5-3-2. Application requirements

   (a) Persons currently discharging pollutants under an existing NPDES permit shall submit a new application:

(1) Under subsection (b) where facility expansions, production increases, or process modifications will:

(i) result in new or substantially increased discharges of pollutants or a change in the nature of the discharge of pollutants; or

(ii) violate the terms and conditions of the existing permit.

(2) At least one hundred eighty (180) days prior to the expiration date of the existing permit, unless a later date is allowed by the commissioner.

  (b)(1) A person proposing a new discharge of pollutants shall submit an application at least one hundred eighty (180) days before the date on which the discharge is to commence, unless a later date is allowed by the commissioner.

  (2) Persons planning to operate a facility which is a new source or a new discharger and which may fall within the coverage of an existing general permit shall submit an NPDES application under this section and state that such existing general permit may cover the facility's discharge. The commissioner will review the application and, if he concludes that the applicant's proposed discharge falls within the coverage of the general permit, he will so notify the applicant of that fact and suspend further processing of the application. If the general permit does not apply to the applicant's proposed discharge, the commissioner shall process the application as for an individual NPDES permit.

  (c) All applications required under this section shall be completed in accordance with 327 IAC 5-2-3 and applicable instructions, signed pursuant to 327 IAC 5-2-22, and submitted with the appropriate fee to the department of environmental management.

  (d) Except for decisions to modify, revoke and reissue, or terminate a permit, no NPDES permit other than a general permit shall be issued until the applicant has filed a complete application that complies with the filing requirements in this rule (327 IAC 5-3). If an applicant fails or refuses to correct deficiencies in its NPDES application form, the permit may be denied or appropriate enforcement action may be taken under 327 IAC 5-2-20.

  (e) If the commissioner determines that further information or a site visit is necessary in order to evaluate the discharge completely and accurately, the applicant shall be notified and a date shall be scheduled for receipt of the requested information and for any necessary site visit.

  (f) Special procedures for applications for variances and statutory modifications are provided in 327 IAC 5-3-4 and 327 IAC 5-3-13.

  (g) In the case of a person discharging or proposing to discharge pollutants from more than one point source, an appropriate application form shall be submitted for each point source discharge. (Water Pollution Control Division; 327 IAC 5-3-2; filed Sep 24, 1987, 3:00 pm: 11 IR 634; 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)