Current through September 18, 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.
