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 13-18-4; IC 13-18-17
Sec. 7.
(a) Limited
class ground water, classified according to section 4(c) of this rule, must
meet the narrative criteria established in section 5 of this rule.
(b) Limited class ground water, classified
according to section 4(d) of this rule, must meet the following requirements:
(1) A contaminant attributable to activities
associated with coal mining, not including the disposal of coal combustion
waste at a surface coal mine under IC 14-34, must meet the greater of the
following:
(A) The existing contaminant
concentration.
(B) The numeric
criterion established in section 6(a) of this rule.
(2) A contaminant not attributable to
activities associated with coal mining, including the disposal of coal
combustion waste at a surface coal mine under IC 14-34, if the contaminant
concentration exceeds the concentration attributable to a coal mining activity,
must meet the numeric criterion established in section 6(a) or 6(d) of this
rule.
(c) Limited class
ground water, classified according to section 4(e) of this rule, must meet the
following requirements:
(1) A contaminant
attributable to pesticides, crop nutrients, or soil amendments that have been
applied for agricultural purposes and used in a manner consistent with all
applicable regulatory requirements shall meet the greater of the following:
(A) The existing contaminant
concentration.
(B) The numeric
criterion established in section 6(a) of this rule.
(2) A contaminant not attributable to
pesticides, crop nutrients, or soil amendments that have been applied for
agricultural purposes and used in a manner consistent with all applicable
regulatory requirements must meet the numeric criterion established in section
6(a) or 6(d) of this rule.
(d) Limited class ground water, classified
according to section 4(f) of this rule, must meet the following requirements:
(1) A contaminant with a drinking water class
numeric criterion established in section 6(a) of this rule must have a numeric
criterion of ten (10) times the drinking water class numeric criterion
established in section 6(a) of this rule.
(2) If the commissioner determines that a
numeric criterion for a contaminant without a drinking water class numeric
criterion established in subsection 6(a) of this rule is necessary to protect
human health, any natural resource, or the environment, a risk analysis shall
be used to establish a numeric criterion for that contaminant and must:
(A) receive approval from the commissioner;
and
(B) be based on appropriate
toxicological data.
(e) The naturally occurring concentration of
a contaminant in limited class ground water shall be the numeric criterion if
that contaminant occurs at a concentration greater than the limited numeric
criterion established in subsection (b), (c), or (d).
(f) If limited class ground water at a
facility, practice, or activity is determined to have one (1) or more
contaminant concentrations above the numeric criteria established in this
section that are not attributable to the facility, practice, or activity under
consideration, an agency shall manage the facility, practice, or activity or
implement programs such that:
(1) the
facility, practice, or activity causes no further increase in the concentration
of the contaminant determined to be above the numeric criterion established in
this section; and
(2) any design
standard or management requirements that apply to the facility, practice, or
activity are at least as stringent as the design standard and management
requirements that would be applied to a facility, practice, or activity where
ground water does not have one (1) or more contaminant concentrations above the
numeric criteria established in this section.
(g) The commissioner may allow an appropriate
site specific, risk based numeric criterion different from the numeric
criterion established in this section to be applied to limited class ground
water at and beyond the boundary of the ground water management zone
established according to section 9 of this rule.
