Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 17. (a) "Best technology currently available" means equipment, devices, systems, methods, or techniques that will:

1. (1) prevent, to the extent possible, additional contributions of suspended solids to stream flow or run-off outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable Indiana or federal laws; and
2. (2) minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife, and their habitats and achieve enhancement of those resources where practicable.

(b) Included within best technology currently available are equipment, devices, systems, methods, or techniques that are currently available anywhere as determined by the director even if not in routine use. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, scheduling of activities, and design of siltation structures. The director shall have the discretion to determine the best technology currently available on a case-by-case basis, as authorized by IC 14-34 and this article.

(Natural Resources Commission; 312 IAC 25-1-17; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3404, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA; readopted filed Mar 26, 2019, 3:40 p.m.: 20190424-IR-312190011RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)