§ 13-18-2-3 — Department preparation of list of impaired waters; posting of list to web site; link in Indiana Register; methodology; establishing total maximum daily load for a surface water

Indiana § 13-18-2-3

• Jurisdiction: Indiana
• Art. 18: WATER POLLUTION CONTROL
• Ch. 2: Water Pollution Agency Under Federal Law

Text

(a) The department shall prepare a list of
impaired waters for the purpose of complying with federal regulations
implementing Section 303(d) of the federal Clean Water Act (33
U.S.C. 1313(d)). In determining whether a water body is impaired, the
department shall consider all existing and readily available water
quality data and related information. The department, before submitting
the list to the United States Environmental Protection Agency, shall:
(1) post the list to the department's Internet web site;
(2) publish in the Indiana Register a link to the list posted to the
department's Internet web site;
(3) make the list available for public comment for at least
forty-five (45) days; and
(4) provide information about the list to the board.
(b) The board shall adopt a rule that:
(1) establishes the methodology to be used in identifying waters
as impaired; and
(2) specifies the methodology and criteria for including and
removing waters from the list of impaired waters.
(c) In the establishment of the total maximum daily load for a
surface water under Section 303(d)(1)(C) of the federal Clean Water
Act (33 U.S.C. 1313(d)(1)(C)), the department shall, in identifying the
surface water under Section 303(d)(1)(A) of the federal Clean Water
Act (33 U.S.C. 1313(d)(1)(A)), make every reasonable effort to identify
the pollutant or pollutants under consideration for the establishment of
the total maximum daily load.
(d) The department shall comply with subsection (e) if either of the
following applies:
(1) The department:
(A) is unable, in identifying the surface water as described in
subsection (c), to identify the pollutant or pollutants under
consideration for the establishment of the total maximum daily
load; and
(B) determines, after identifying the surface water as described
in subsection (c), that one (1) or more pollutants should be
under consideration for establishment of the total maximum
daily load.
(2) The department:
(A) in identifying the surface water as described in subsection
(c), identifies the pollutant or pollutants under consideration for
the establishment of the total maximum daily load; and
(B) determines, after identifying the pollutant or pollutants as
described in clause (A), that one (1) or more other pollutants
should be under consideration for establishment of the total
maximum daily load.
(e) The department complies with subsection (d) if the department
does the following before making a pollutant or pollutants the subject
of consideration for the establishment of the total maximum daily load:
(1) Determines and demonstrates that either or both of the
following apply:
(A) The surface water does not attain water quality standards
(as established in 327 IAC 2-1 and 327 IAC 2-1.5) due to an
individual pollutant, multiple pollutants, pollution, or an
unknown cause of impairment.
(B) The surface water:
(i) receives a thermal discharge from one (1) or more point
sources; and
(ii) does not have or maintain a balanced indigenous
population of shellfish, fish, and wildlife.
(2) Posts on the department's Internet web site the determination
referred to in subdivision (1).
(3) Makes the determination referred to in subdivision (1)
available for public comment for at least forty-five (45) days.
(4) Presents the determination referred to in subdivision (1) to the
commissioner for final approval after the comment period under
subdivision (3).

Legislative History

As added by P.L.140-2000, SEC.16. Amended by P.L.78-2009, SEC.14; P.L.100-2021, SEC.7.