Sec. 10.
(a) Each
NPDES permit must provide for and ensure compliance with all applicable
requirements of the Clean Water Act (CWA), regulations promulgated under the
CWA, and state law. For the purposes of this section, an applicable requirement
is a statutory or regulatory requirement that takes effect under state law
before final administrative disposition of a permit. In addition to the
requirements of sections 6, 8, 9, and 12 of this rule, a permit must contain
terms and conditions that ensure compliance with the following as applicable:
(1) Effluent limitations and standards under
CWA Sections:
(A) 301*;
(B) 304*;
(C) 307(a)*;
(D) 318*; and
(E) 405*.
(2) Standards of performance for new sources
under:
(A) Section 306* of the CWA;
and
(B)
40 CFR
122.44(a)
*.
(3) In the case of a
POTW that primarily is designed and utilized for the treatment of wastewater
from an industry of a particular class or category, effluent limitations or
standards that would apply under Section 301*, 304*, 306*, 307*, 318*, or 405*
of the CWA to the industry if it were a direct discharger. If the POTW receives
sewage from domestic sources as well as industrial wastewater, the permit must
include composite (or hybrid) effluent limitations comprising the effluent
limitations:
(A) or standards applicable to
the industrial wastewater, as specified in this subdivision; and
(B) applicable to the domestic sewage under
Sections 301* and 304* of the CWA.
The composite limitations must be cumulative for mass
limitations and weighted in proportion to respective flows for concentration
limitations.
(4)
An effluent limitation or other requirement in addition to, or more stringent
than, a promulgated effluent limitation guideline or standard under Section
301*, 304*, 306*, 307*, 318*, or 405* of the CWA where necessary to do the
following:
(A) Achieve water quality standards
established by the board or by U.S. EPA in accordance with Sections 118* and
303* of the CWA. Numeric water quality-based effluent limitations must be
established in accordance with sections 11.1 and 11.4 through 11.6 of this
rule.
(B) Attain or maintain a
specified water quality through water quality related effluent limits
established under Section 302* of the CWA.
(C) Incorporate, in accordance with Section
301(b)(1)(C)* of the CWA, more stringent limitations, treatment standards, or
schedules of compliance requirements established under federal or state law or
regulations, including those adopted under interstate agreements or compacts
such as the Ohio River Valley Water Sanitation Commission (ORSANCO).
(D) Ensure consistency with the requirements
of a water quality management plan approved by U.S. EPA under Section 208(b)*
of the CWA.
(E) Incorporate
alternative effluent limitations or standards where warranted by fundamentally
different factors under
327 IAC 5-6.
(5) The following requirements for toxic
pollutant limitations:
(A) Limitations
established under subdivision (1), (2), (3), or (4) to control pollutants
meeting the criteria listed in clause (B). The limitations must be established
in accordance with clause (C).
(B)
Limitations must control all toxic pollutants that the:
(i) commissioner determines (based on
information reported in a permit application or in a notification under section
9 of this rule or on other information) are or may be discharged at a level
greater than the level that is allowed under the technology-based effluent
limitations applicable to the permittee under the CWA (see
327 IAC
5-5-2(c)); or
(ii) discharger does or may use or
manufacture as an intermediate or final product or byproduct; however,
limitations are not required under this subdivision merely because the
discharger does or may use or manufacture a toxic pollutant under research or
laboratory conditions.
(C) The requirement that the limitations
control the pollutants meeting the criteria of clause (B) must be satisfied by
limitations on:
(i) those pollutants;
or
(ii) other pollutants that, in
the judgment of the commissioner, will ensure treatment of the pollutants
specified under clause (B) to the levels required by the CWA.
(D) As used in this subdivision,
"toxic pollutant" means:
(i) a pollutant
listed as toxic under Section 307(a)(1)* of the CWA; or
(ii) a pollutant or a combination of
pollutants determined by the commissioner to have significant toxic
characteristics when discharged into the waters of the state for organisms
reasonably expected to be exposed to the pollutant or pollutants.
(6) For permits issued
before the promulgation by the administrator of applicable effluent limitations
and standards (including best management practices) under Sections 301*, 304*,
307*, 318*, and 405* of the CWA, limitations and other conditions as the
commissioner determines to be necessary to carry out those provisions of the
CWA under
327 IAC 5-5-2(b)
and Section 402(a)(1)* of the CWA.
(7) Best management practices to control or
abate the discharge of pollutants where:
(A)
required under Section 304(e)* of the CWA for the control of toxic and
hazardous pollutants from ancillary industrial activities;
(B) numeric effluent limitations are
infeasible; or
(C) the practices
are reasonably necessary to achieve effluent limitations and standards or to
carry out the purposes and intent of the CWA.
Examples of best management practices that may be appropriate
under clause (B) include proper operation and maintenance criteria and
sludge-handling requirements. Examples of best management practices that may be
appropriate under clause (C) include the construction of sheds over material
storage piles to prevent rainfall from leaching materials from these piles and
creating a source of pollution, ditching and diversion of rainfall run-off to
minimize or prevent contamination from a discharger's manufacturing operations,
and the use of solid, absorbent materials for cleaning up leaks and drips as
opposed to washing these materials down a floor drain creating additional
sources of pollution.
(8) Twenty-four (24) hour reporting.
Pollutants for which the permittee must report violations of maximum daily
discharge limitations under section 8(11)(C)(ii) of this rule (twenty-four (24)
hour reporting) must be listed in the permit. This list must include any:
(A) toxic pollutant or hazardous substance;
or
(B) pollutant specifically
identified as the method to control a toxic pollutant or hazardous
substance.
(9) Any
conditions that the Secretary of the Army considers necessary to ensure that
navigation and anchorage will not be substantially impaired in accordance with
327 IAC
5-3-10(a).
(10) Additional conditions applicable to a
POTW are as follows:
(A) Any conditions
imposed in grants made by the administrator to a POTW under Sections 201* and
204* of the CWA that are reasonably necessary for the achievement of effluent
limitations required under Section 301* of the CWA.
(B) Requirements under Section 405* of the
CWA governing the disposal of sewage sludge from a POTW or any other treatment
works treating domestic sewage for any use for which rules have been
established in accordance with any applicable rules.
(C) A POTW shall identify, in terms of
character and volume of pollutants, any significant indirect discharges into
the POTW that are subject to pretreatment standards under Section 307(b)* and
307(c)* of the CWA.
(D) A POTW must
provide adequate notice to the commissioner of the following:
(i) Any new introduction of pollutants into
the POTW from an indirect discharger that would be subject to Section 301* or
306* of the CWA if it were directly discharging those pollutants.
(ii) Any substantial change in the volume or
character of pollutants being introduced into that POTW by any source where the
change would:
(AA) render the source subject
to pretreatment standards under Section 307(b)* and 307(c)* of the CWA;
or
(BB) result in a modified
application of the standards.
As used in this clause, "adequate notice" includes
information on the quality and quantity of effluent introduced into the POTW
and any anticipated impact of the change on the quantity or quality of effluent
to be discharged from the POTW.
(E) A POTW must develop and submit to the
commissioner a POTW pretreatment program when required by 40 CFR 403 * and
327 IAC 5-19-1 in order to ensure
compliance by industrial users of the POTW with applicable pretreatment
standards established under Section 307(b)* and 307(c)* of the CWA. The
pretreatment program must:
(i) meet the
criteria of
327 IAC 5-19-3; and
(ii) once approved, be incorporated into the
POTW's permit.
(11) Antibacksliding requirements are as
follows:
(A) In the case of effluent
limitations established on the basis of Section 402(a)(1)(B)* of the CWA, a
permit may not be renewed, reissued, or modified on the basis of effluent
guidelines promulgated under Section 304(b)* of the CWA subsequent to the
original issuance of the permit to contain effluent limitations that are less
stringent than the comparable effluent limitations in the previous permit. In
the case of effluent limitations established on the basis of Section
301(b)(1)(C)*, 303(d)*, or 303(e)* of the CWA, a permit may not be renewed,
reissued, or modified to contain effluent limitations that are less stringent
than the comparable effluent limitations in the previous permit except in
compliance with Section 303(d)(4)* of the CWA.
(B) A permit, in which clause (A) applies,
may be renewed, reissued, or modified to contain less stringent effluent
limitations applicable to a pollutant if:
(i)
material and substantial alterations or additions to the permitted facility
occurred after permit issuance that justify the application of a less stringent
effluent limitation;
(ii)
information is available that:
(AA) was not
available at the time of permit issuance (other than revised regulations,
guidance, or test methods); and
(BB) would have justified the application of
a less stringent effluent limitation at the time of permit issuance;
or the commissioner determines that technical mistakes or
mistaken interpretations of law were made in issuing the permit under Section
402(a)(1)(B)* of the CWA;
(iii) a less stringent effluent limitation is
necessary because of events:
(AA) over which
the permittee has no control; and
(BB) for which there is no reasonably
available remedy;
(iv)
the permittee has received a permit modification under Section 301(c)*, 301(g)*
through 301(i)*, 301(k)*, 301(n)*, or 316(a)* of the CWA; or
(v) the permittee has installed the treatment
facilities required to meet the effluent limitations in the previous permit and
has properly operated and maintained the facilities, but has nevertheless been
unable to achieve the previous effluent limitations, in which case the
limitations in the reviewed, reissued, or modified permit may reflect the level
of pollutant control actually achieved (but must not be less stringent than
required by effluent guidelines in effect at the time of permit renewal,
reissuance, or modification).
Item (ii) does not apply to any revised waste load
allocations or any alternative grounds for translating water quality standards
into effluent limitations, except where the cumulative effect of the revised
allocations results in a decrease in the amount of pollutants discharged into
the concerned waters, and the revised allocations are not the result of a
discharger eliminating or substantially reducing its discharge of pollutants
due to complying with the requirements of the CWA or for reasons otherwise
unrelated to water quality.
(C) In no event may a permit in which clause
(A) applies be renewed, reissued, or modified to contain an effluent limitation
that is less stringent than required by effluent guidelines in effect at the
time the permit is renewed, reissued, or modified. In no event may a permit to
discharge into waters be renewed, reissued, or modified to contain a less
stringent effluent limitation if the implementation of the limitation would
result in a violation of a water quality standard under Section 303* of the
CWA, 327 IAC 2-1, or
327 IAC 2-1.5 applicable to the
waters.
(12) For a POTW,
any conditions expressly applicable to any user, as a limited co-permittee,
that may be necessary in the permit issued to the treatment works to ensure
compliance with applicable requirements under this subdivision. Alternatively,
the commissioner may issue separate permits to the treatment works and to its
users or may require a separate permit application from any user. The
commissioner's decision to:
(A) issue a permit
with no conditions applicable to any user;
(B) impose conditions on one (1) or more
users;
(C) issue separate permits;
or
(D) require separate
applications;
and the basis for that decision, must be stated in the fact
sheet for the draft permit for the treatment works.
(b) In addition to the
requirements of this section, where appropriate, an NPDES permit for a
community with an approved long term control plan (LTCP) that is consistent
with the federal CSO policy must contain a schedule of compliance for meeting
final water quality-based effluent limitations for CSOs, provided the permit:
(1) requires compliance with applicable
standards and water quality-based effluent limitations as soon as possible in
accordance with 40 CFR
122.47(a)(1) * and in no
event beyond the period specified in the approved LTCP for implementation of
the LTCP;
(2) contains interim
requirements, milestones, and final water quality-based effluent limitations
and dates certain when those requirements, milestones, and limitations will be
met, even if these dates are beyond the term of the permit;
(3) complies in all other respects with the
requirements of 40 CFR
122.47 *; and
(4) requires implementation of the approved
LTCP.
(c) The department
shall, where appropriate, and upon the request of the permittee, incorporate
into the NPDES permit that contains water quality-based effluent limitations
associated with CSOs a schedule of compliance provided that all the conditions
in subsection (b) are met.
(d) A
permit issued authorizing the discharge of a CSO to the Great Lakes Basin must
include the following:
(1) A requirement to
implement the public notification requirements in
327 IAC 5-2.2 and
40 CFR
122.38(a) *, as added by 83
FR 730*.
(2) The specific
information that must be included on discharge point signage, which, at a
minimum, must include the elements included in
327 IAC 5-2.2 and
40 CFR
122.38(a)(1)(ii) *, as added
by 83 FR 730*.
(3) The locations of
discharge points and public access areas where signs are required in accordance
with 327 IAC 5-2.2 and
40 CFR
122.38(a)(1)(i) *, as added
by 83 FR 730*.
(4) Information
regarding the timing and minimum content required for initial and supplemental
notifications to be provided to the following:
(A) Local public health departments and other
potentially affected entities in accordance with
327 IAC 5-2.2 and
40 CFR
122.38(a)(2) *, as added by
83 FR 730*.
(B) The public in
accordance with
327 IAC 5-2.2 and
40 CFR
122.38(a)(3) *, as added by
83 FR 730*.
(5) The
location of each CSO discharge:
(A) that must
be monitored for volume and discharge duration; and
(B) where the CSO volume and duration may be
estimated.
(6) Submission
of an annual notice in accordance with
327 IAC 5-2.2 and
40 CFR
122.38(b) *, as added by 83
FR 730*.
(7) Protocols for
providing the annual notice required in accordance with
327 IAC 5-2.2 and
40 CFR
122.38(b) *, as added by 83
FR 730* available to the public.
*These documents are incorporated by reference. Copies may be
obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the
Indiana Department of Environmental Management, Office of Legal Counsel,
Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue,
Indianapolis, Indiana 46204.
