§ 13-18-3-15 — Terms and conditions of NPDES general permits

Indiana § 13-18-3-15

• Jurisdiction: Indiana
• Art. 18: WATER POLLUTION CONTROL
• Ch. 3: Powers and Duties Concerning Water Pollution Control

Text

(a) Subject to subsection (c), the board shall
amend 327 IAC 5 and 327 IAC 15 to eliminate:
(1) the requirement that NPDES general permit terms and
conditions be contained in a rule; and
(2) the terms and conditions of each NPDES general permit that
is:
(A) contained in that article; and
(B) in effect on the effective date of this section.
(b) The department may develop and issue NPDES general permits
in accordance with 40 CFR 122.28.
(c) After 327 IAC 5 and 327 IAC 15 are amended under subsection
(a), the terms and conditions of an NPDES general permit under that
article as they existed before the amendment remain in effect and are
binding on any person regulated under the NPDES general permit until
the person submits a notice of intent to be covered by an NPDES
general permit developed and issued under subsection (b).
(d) Any person regulated under an NPDES general permit on the
effective date of the amendment required by subsection (a) must:
(1) submit a notice of intent described in subsection (c) not later
than ninety (90) days after the department makes the form of the
notice of intent available to the person; or
(2) apply for an NPDES individual permit under 327 IAC 5 to
maintain permit coverage required under the Clean Water Act.
(e) This section does not affect the authority of the board to adopt
rules that authorize NPDES general permits.

Legislative History

As added by P.L.81-2011, SEC.2.