1. (a) "Surface water" means waters, as defined in IC 13-11-2-265 , that are present on the surface of the earth, including the following:

   1. (1) Streams.
   2. (2) Lakes.
   3. (3) Ponds.
   4. (4) Rivers.
   5. (5) Swamps.
   6. (6) Marshes.
   7. (7) Wetlands.

2. (b) The term does not include the following:

   1. (1) Temporary ponding in an agricultural crop growing area.
   2. (2) Temporary puddles.
   3. (3) Farmed wetlands.

   4. (4) Private ponds that:

      1. (A) are under the care, custody, and control of the person applying or ordering the application of fertilizer material; and
      2. (B) do not have an outfall to other surface waters.

As added by P.L.98-2026, SEC.2.