1. (a) A variance from a water quality standard that is at least in part the basis of a National Pollutant Discharge Elimination System (NPDES) permit issued under this title must meet the conditions specified in:

   1. (1) 40 CFR 132, Appendix F, Procedure 2, in the case of waters within the Great Lakes system;
   2. (2) 40 CFR 131.14; and
   3. (3) rules adopted by the board.

2. (b) A variance from a water quality standard issued for waters within the Great Lakes system must meet the requirements of:

   1. (1) 40 CFR 131.14; and

   2. (2) 40 CFR 132;

      as applicable. If two (2) or more inconsistent requirements could apply under 40 CFR 131.14 and 40 CFR 132 to a variance for waters within the Great Lakes system, the more stringent requirement applies to the variance.

3. (c) With respect to a variance relating to an NPDES permit for a combined sewer overflow discharge, this subsection is satisfied if the NPDES permit holder has prepared a long term control plan and is implementing the nine (9) minimum controls pursuant to:

   1. (1) 33 U.S.C. 1342(q); and
   2. (2) 59 FR 18688.

4. (d) A variance may be granted under this section for a period as follows:

   1. (1) For waters within the Great Lakes system, not more than five
   2. (5) years.

   3. (2) For waters outside the Great Lakes system, any period that does not exceed a term authorized under 40 CFR 131.14.

      However, a variance issued under this section for a period of more than five (5) years must be reevaluated in accordance with the requirements of 40 CFR 131.14.

5. (e) Except as provided in subsection (d), if an NPDES permit remains in effect beyond its stated term under IC 13-15-3-6 , a variance issued under this section remains in effect for as long as the NPDES permit requirements affected by the variance are in effect.

6. (f) An application for a variance relating to an NPDES permit may be submitted under this section at any time before or after the issuance, renewal, or modification of the NPDES permit.

   [Pre-1996 Recodification Citation: 13-7-7-6(b), (c) part, (f).]

As added by P.L.1-1996, SEC.4. Amended by P.L.231-2003, SEC.2; P.L.54-2005, SEC.1; P.L.147-2015, SEC.3; P.L.126-2020, SEC.2.