Current through December 25, 2024
Authority: IC 13-13-5-1; IC 13-13-5-2; IC 13-18
Affected: IC 13-18-3-14; IC 13-23-13; IC 13-24-1; IC
13-25-5
Sec. 7.
(a) A
discharger proposing to cause a significant lowering of water quality in an
OSRW shall:
(1) implement a water quality
improvement project in the watershed of the affected OSRW; or
(2) fund a water quality improvement project
in the watershed of the affected OSRW by payment of a fee into the OSRW
improvement fund established under IC 13-18-3-14; for each activity undertaken
that will result in a significant lowering of water quality in an OSRW.
(b) To implement a water
quality improvement project in the watershed of the affected OSRW, the
following apply:
(1) A person proposing to
implement a water quality improvement project in the watershed of the OSRW that
will result in an overall improvement of the water quality of the OSRW shall
submit information on the proposed water quality improvement project to the
commissioner simultaneously with the submission of the antidegradation
demonstration required under section 5 of this rule. The water quality
improvement project information must include the following:
(A) A detailed description of the project,
including:
(i) the type and quantity of
pollutants that will be reduced or eliminated as a result of the project;
and
(ii) a project implementation
timeline.
(B) Sufficient
information to clearly demonstrate that the project will result in an overall
improvement in water quality in the OSRW.
(C) Any data used to assess overall water
quality improvement must be less than seven (7) years old and specific to the
OSRW.
(2) Upon receipt of
the water quality improvement project information, the commissioner shall do
the following:
(A) Provide notice and request
comment according to
327 IAC
5-2-11.2(b).
(B) Hold a public meeting in accordance with
327 IAC 5-2-11.2(b)(3)
on the water quality improvement project
information concurrently with the public meeting held on the antidegradation
demonstration.
(3) Once
the commissioner determines that the information provided by the person
submitting the proposed water quality improvement project is administratively
complete, the commissioner shall make a determination as to whether the
project, based on the information submitted by the applicant, will result in an
overall improvement in water quality in the OSRW.
(4) The commissioner shall approve or deny a
water quality improvement project considering the following factors:
(A) Whether the project can be successfully
implemented.
(B) Whether the
project will offset the lowering of water quality caused by new or increased
loadings of regulated pollutants.
(c) A person proposing to fund a water
quality improvement project in the watershed of the affected OSRW by payment of
a fee into the OSRW improvement fund established under IC
13-18-3-14 prior to issuance of a
permit, shall pay an amount that:
(1) shall
not exceed five hundred thousand dollars ($500,000); and
(2) is determined by the department based on
the:
(A) type and quantity of increased
pollutant loadings;
(B) estimated
initial capital cost; and
(C) costs
of operation and maintenance; for the treatment system or other alternative
that would be necessary to offset the proposed significant lowering of water
quality caused by the increased pollutant loadings to the
OSRW.
(d) The
commissioner, prior to utilizing the funds in the OSRW improvement fund, shall
solicit input from interested parties on the identification and selection of
the water quality improvement projects to be funded with the funds in the OSRW
improvement fund.
(e) The
commissioner shall utilize the funds in the OSRW improvement fund to implement
water quality improvement projects considering the following factors:
(1) Whether the project can be successfully
implemented.
(2) Whether the
project will offset the lowering of water quality caused by new or increased
loadings of a regulated pollutant.
(3) Cost-effectiveness of the
project.
