§ 13-14-8-11.5 — Site-specific limitation for NPDES permit; application process and criteria

Indiana § 13-14-8-11.5

• Jurisdiction: Indiana
• Art. 14: POWERS AND DUTIES OF DEPARTMENT OF
• Ch. 8: Rules and Standards

Text

5. (a) The department shall prepare and
publish in the Indiana Register guidance on the application process and
criteria for obtaining a site-specific limitation for a National Pollutant
Discharge Elimination System (NPDES) permit. Criteria to be
considered must include wet weather events, water effects ratio, and
other site-specific considerations as determined by the department.
Water effects ratio shall be the ratio of the aquatic toxicity of a
parameter in the water of the receiving stream compared to the aquatic
toxicity of the parameter in the laboratory water used to determine the
standard.
(b) Beginning January 1, 1997, the department shall review any
application and make a preliminary determination for a site-specific
limitation not later than one hundred eighty (180) days after receipt of
the application. The department may request additional information
necessary to make the preliminary determination consistent with the
guidance published under subsection (a). The one hundred eighty (180)
day period does not include any days between the date the department
requests additional information and the date the additional information
is received by the department.
(c) The final determination on a site-specific limitation will be part
of the NPDES permit decision under 327 IAC 5.
(d) If the agency does not issue a preliminary determination within
the one hundred eighty (180) days provided for in subsection (b), the
applicant may require that the department hire a qualified outside
consultant to prepare the preliminary determination as expeditiously as
possible.
(e) The department and the applicant may agree to extend the one
hundred eighty (180) day period provided for in subsection (b).

Legislative History

As added by P.L.123-1996, SEC.3.