Current through September 18, 2024
Authority: IC 13-18-3-1; IC 13-18-4-1; IC 13-18-4-3; IC
13-18-4-4; IC 13-18-4-5; IC 13-18-17-5
Affected: IC 4-22-2; IC 13-11-2-82; IC 13-18-4; IC 13-18-17;
IC 14-34-4-7; IC 14-34-6; IC 14-37
Sec. 4.
(a) All
ground water shall be classified, under rules adopted under IC 4-22-2 that
apply the standards established in this rule, to determine the appropriate
narrative and numeric criteria and level of protection to be applied to ground
water.
(b) Ground water shall be
classified as drinking water class ground water unless it is classified as:
(1) limited class ground water under
subsection (c), (d), (e), or (f); or
(2) impaired drinking water class ground
water under subsection (g) or (h).
(c) Ground water shall be limited if it is in
accordance with one (1) of the following conditions:
(1) Contains hydrocarbons that are producible
considering their quantity and location, as has been demonstrated to an
agency.
(2) Located in the
injection zone of or within the physical influence of a Class I, II, or III
injection well operating under a valid underground injection control permit
issued under the Safe Drinking Water Act (
42 U.S.C.
300) and its implementing
regulations.
(3) Located in a zone
within the physical influence of a gas storage well operating under a valid
permit issued under IC 14-37.
(d) Ground water shall be limited if it has
constituent concentrations that are the result of natural processes acting on
post mine hydrology and is located within one (1) of the following:
(1) A coal mine area that:
(A) has satisfied the requirements of IC
14-34 and is fully released from the performance bond required by IC 14-34-6;
and
(B) is within a zone defined by
the coal mine permit as it was formerly approved and regulated by the
department of natural resources unless it is within a demonstrated zone of
influence of a coal mine area as determined by the commissioner in consultation
with the department of natural resources.
(2) The zone of influence, as determined by
the commissioner in cooperation with the department of natural resources, of a
coal mine area mined prior to August 4, 1977.
(e) Ground water shall be limited if it is
located within an agricultural crop root zone. A limited classification under
this subsection shall extend no deeper than ten (10) feet below the land
surface.
(f) The commissioner may
classify ground water as limited class ground water if a person requesting
classification demonstrates, in a written submission, that the following
conditions are met:
(1) The ground water
requested to be classified is as follows:
(A)
Described in three (3) dimensions.
(B) Limited in one (1) of the following ways:
(i) The potential ground water yield is less
than two hundred (200) gallons per day.
(ii) The naturally occurring total dissolved
solids concentration is greater than or equal to ten thousand (10,000)
milligrams per liter.
(C)
Not currently used nor reasonably expected to be used for drinking water in the
future, including the combined use of multiple low yield water bearing
zones.
(D) Not in a state-approved
wellhead protection area established pursuant to
327 IAC
8-4.1.
(2) Notification, using certified mail, was
given, at least forty-five (45) days prior to the submission of the request, to
the following:
(A) An owner and, if one
exists, a lessee of property within or adjacent to the land area above the
ground water requested to be classified.
(B) Any person reasonably expected to be
aggrieved or adversely affected by the classification.
(C) City and county health officers having
jurisdiction within the land area above the ground water requested to be
classified.
(g) Ground water is impaired drinking water
when the following conditions are met:
(1) The
ground water is not in a state-approved wellhead protection area established
pursuant to
327 IAC
8-4.1.
(2)
The ground water has one (1) or more contaminant concentrations above the
numeric criteria established in section 6(a) or 6(d) of this rule.
(3) The commissioner has approved a ground
water remediation, closure, cleanup, or corrective action plan that describes
the nature and extent of contaminants exceeding the criteria established in
section 6(a) or 6(d), and one (1) of the following applies:
(A) A restrictive covenant has been placed on
the property or properties overlying the ground water, and it prohibits the use
of the untreated ground water.
(B)
An alternate institutional control, such as a local ordinance, prohibits the
use of the untreated ground water as a source of residential drinking water,
and the commissioner has approved the alternate institutional control as an
effective means of preventing exposure to the untreated ground
water.
(h) The
commissioner may classify ground water as impaired drinking water class ground
water if it has one (1) or more contaminant concentrations above the numeric
criteria established in section 6(a) or 6(d) of this rule and the person
requesting classification demonstrates to the commissioner's satisfaction, in a
written submission, that the following conditions are met:
(1) The ground water requested to be
classified is as follows:
(A) Described, to
the commissioner's satisfaction, in a hydrogeologic report that must, at a
minimum, contain the following:
(i) A three
(3) dimensional description of ground water flow and direction.
(ii) A description that includes the
concentration of each contaminant that exceeds the criteria established in
section 6(a) or 6(d) of this rule.
(iii) A map indicating the property or
properties overlying the ground water requested to be
classified.
(B) Not
currently used nor reasonably expected to be used for drinking water in the
future unless the following apply:
(i) The
ground water is treated to reduce the contaminant concentration to less than
the numeric criterion established in section 6(a) or 6(d) of this
rule.
(ii) A mechanism is in place
to prevent untreated ground water from being used as drinking water for as long
as a contaminant concentration is above the numeric criterion established in
section 6(a) or 6(d) of this rule.
(C) Not in a state-approved wellhead
protection area established pursuant to
327 IAC
8-4.1.
(2) Notification, using certified mail, was
given, at least forty-five (45) days prior to the submission of the request, to
the following:
(A) An owner and, if one
exists, a lessee of property within or adjacent to the land area above the
ground water requested to be classified.
(B) The following city and county positions
having jurisdiction within the land area above the ground water requested to be
classified:
(i) Government
officials.
(ii) Planners.
(iii) Health officers.
(C) Any person reasonably expected to be
aggrieved or adversely affected by the
classification.
(i) The commissioner may deny a request to
classify ground water as impaired drinking water class ground water if the
exceedance of the numeric criterion established in section 6(a) or 6(d) of this
rule was caused by an unlawful action of the person seeking the classification.
Notwithstanding the impaired drinking water class ground water classification,
a facility, practice, or activity or a ground water contamination assessment or
remediation located within the land area above the ground water classified as
impaired drinking water class ground water must comply with all otherwise
applicable laws, rules, and standards.
(j) The commissioner may reevaluate and
change a ground water classification determination upon the receipt of new or
additional information pertaining to a classification requirement.
