Section 355IAC8-2-28. "Surface water" defined  


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  •    (a) "Surface water" means waters of the state, as described in IC 13-11-2-265, present on the surface of the earth, including the following:

    (1) Streams.

    (2) Lakes.

    (3) Ponds.

    (4) Rivers.

    (5) Swamps.

    (6) Marshes.

    (7) Wetlands.

      (b) The term does not include the following:

    (1) Temporary ponding in an agricultural crop growing area.

    (2) Temporary puddles.

    (3) Farmed wetlands.

    (4) Private ponds that:

    (A) are under the care, custody, and control of the person applying or ordering the application of fertilizer material; and

    (B) do not have an outfall to other surface waters.

    (State Chemist of the State of Indiana; 355 IAC 8-2-28; filed Feb 16, 2012, 11:50 a.m.: 20120314-IR-355110364FRA)