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 Part 132, Appendix F, Procedure 2.C; and
   2. (2) rules adopted by the board.

2. (b) 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.
3. (c) Subject to subsection (d), a variance described in subsection (a) may be granted for a period not to exceed the term of the NPDES permit affected by the variance.
4. (d) If an NPDES permit remains in effect beyond its stated term under IC 13-15-3-6 , a variance described in subsection (a) remains in effect for as long as the NPDES permit requirements affected by the variance are in effect.

5. (e) A variance described in subsection (a) may be renewed each time the NPDES permit affected by the variance is renewed if the conditions of subsections (a) and (b) continue to be met.

   [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.