Indiana Administrative Code
Title 327 - WATER POLLUTION CONTROL DIVISION
Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES
Rule 7 - Alternative Thermal Effluent Limitations; Determination
Section 7-4 - Criteria and standards for granting alternate thermal effluent limitations
Current through September 18, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3
Affected: IC 13-18-4; IC 13-18-19
Sec. 4.
(a) If the discharger demonstrates to the satisfaction of the commissioner that thermal effluent limitations required under section 301 or 306 of the CWA are more stringent than necessary to assure the protection and propagation of a balanced, indigenous community of shellfish, fish and wildlife in and on the body of water into which the discharge is made, less stringent alternative thermal limitations may be established for the discharge. This demonstration must show that the alternative effluent limitations desired by the discharger, considering the cumulative impact of its thermal discharge together with all other significant impacts on the species affected, will assure the protection and propagation of a balanced, indigenous community of shellfish, fish and wildlife in and on the body of water into which the discharge is to be made.
(b) In determining whether or not the protection and propagation of the affected species will be assured, the commissioner may consider any information contained or referenced in any applicable thermal water quality criteria and supplemental information published by the administrator under section 304(a) of the CWA, or any other information he deems relevant.
(c)