Indiana Administrative Code
Title 327 - WATER POLLUTION CONTROL DIVISION
Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES
Rule 2 - Basic NPDES Requirements
Section 2-1.8 - Exceptions
Universal Citation: 327 IN Admin Code 2-1.8
Current through September 18, 2024
Authority: IC 13-14-8-1; IC 13-18-10-4
Affected: IC 13-11-2-38.3; IC 13-14-12; IC 13-18; IC 13-30; IC 14-37
Sec. 1.8.
(a) When used in a document incorporated by reference in section 1.5 of this rule:
(1) delete
40
CFR 122.3; and
(2) substitute the language in subsection
(b).
(b) The following discharges do not require an NPDES permit:
(1)
Any discharge of sewage from vessels, effluent from properly functioning marine
engines, laundry, shower, and galley sink wastes, or any other discharge
incidental to the normal operation of a vessel. This exclusion does not apply
to rubbish, trash, garbage, or other such materials discharged overboard; nor
to other discharges when the vessel is operating in a capacity other than as a
means of transportation such as when a vessel is being used as an energy or
mining facility, a storage facility, or a seafood processing facility, or is
secured to the bed of the waters of the state for the purpose of mineral or oil
exploration or development.
(2)
Discharges of dredged or fill material into waters of the state and regulated
under Section 404 of the Clean Water Act (33
U.S.C. 1344) , except where the commissioner
determines, on a case-by-case basis, that the discharge threatens to violate
state water quality standards concerning toxic pollutants.
(3) The introduction of sewage, industrial
wastes, or other pollutants into publicly owned treatment works by indirect
dischargers. However, all applicable pretreatment standards promulgated under
Section 307(b) and 307(c) of the Clean Water Act (33 U.S.C.
1317(b) and
33
U.S.C. 1317(c)) must also be complied with, and may be included in the permit
to the publicly owned treatment works. This exclusion does not apply to
discharges through pipes, sewers, or other conveyances owned by a public entity
not leading to treatment works.
(4)
Any introduction of pollutants from nonpoint source agricultural and
silvicultural activities, including runoff from orchards, cultivated crops,
pastures, range lands, and forest lands, except that this exclusion shall not
apply to discharges from:
(A) concentrated
animal feeding operations as defined in IC 13-11-2-38.3 and
40
CFR 122.23; or
(B) silvicultural point sources, as defined
in
40
CFR 122.27, that are point sources subject to
the NPDES permit program.
(5) Any discharge in compliance with the
instructions of an on-scene coordinator pursuant to 40 CFR 300 or 33 CFR
153.10(e) or of a state employee acting in a similar capacity.
(6) Discharges into a privately owned
treatment works, except as the commissioner may otherwise require under section
10(a)(4) of this rule.
(7) Any
discharge by underground injection of salt or sulfur-bearing water or waste
liquids associated with the recovery of oil and natural gas, if the discharge
is pursuant to a valid permit issued by the natural resources commission under
IC 14-37.
(8) Any discharge
consisting entirely of return flows from irrigated agriculture.
(9) Deep injection wells, except in
accordance with
327 IAC
5-4-2.
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