Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC 13-15-2-1; IC 13-18- 3

Affected: IC 4-21.5; IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 9. (a) The commissioner may require a person either with an existing discharge subject to the requirements of an applicable general permit or this article or who is proposing a discharge that would otherwise be subject to the requirements of an applicable general permit or this article to apply for and obtain an individual NPDES permit if one (1) or more of the following occurs:

1. (1) The applicable requirements contained in the applicable general permit or this article are not adequate to ensure compliance with:

   1. (A) water quality standards under 327 IAC 2-1 or 327 IAC 2-1.5; or
   2. (B) the provisions that implement water quality standards contained in 327 IAC 5.

2. (2) The person is not in compliance with:

   1. (A) the terms and conditions of the applicable general permit; or
   2. (B) this article.
3. (3) A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants from the discharge.
4. (4) Effluent limitation guidelines that are more stringent than the requirements in the general permit are subsequently promulgated for discharges regulated by the general permit.
5. (5) A water quality management plan containing more stringent requirements applicable to the discharge or discharges regulated by the general permit is approved.

6. (6) Circumstances have changed since the activity regulated under the applicable general permit or this article began so that:

   1. (A) the discharge is no longer appropriately controlled under the general permit; or

   2. (B) either a temporary or permanent:

      1. (i) reduction; or
      2. (ii) elimination;
   3. of the authorized discharge is necessary.
7. (7) The receiving water of the discharge is identified as impaired for a pollutant proposed to be discharged and listed pursuant to Section 303(d) of the Clean Water Act (33 U.S.C. 1313(d))*.
8. (8) The commissioner has revoked the person's coverage under the general permit.

An interested person may petition the commissioner to take action under this subsection.

(b) If, under subsection (a), the commissioner requires an individual NPDES permit, pursuant to 327 IAC 5-3, the commissioner shall notify the person in writing that an individual NPDES permit application is required. This notice shall be issued pursuant to IC 4-21.5 and shall also include the following:

1. (1) A brief statement of the reasons for this decision.
2. (2) An application form.
3. (3) A statement setting a time for the person to file the application.
4. (4) A statement that on the effective date of the individual NPDES permit, the general permit as it applies to the person shall no longer apply.

The commissioner may grant additional time upon request of the applicant for completion of the application.

(c) A person having financial responsibility or operational control for a:

1. (1) facility;
2. (2) project site; or
3. (3) municipal separate storm sewer system area and the associated stormwater discharges;

that meets the applicability requirements of the general permit and is not covered by an existing individual NPDES permit, must submit an application under 40 CFR 122.26 and 327 IAC 5-3 if the operator seeks to cover the discharge under an individual permit.

*Information about impaired waters under Section 303(d) of the Clean Water Act is available from the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204 and at https://www.in.gov/idem/nps/2647.htm.

(Water Pollution Control Division; 327 IAC 15-2-9; filed Aug 31, 1992, 5:00 p.m.: 16 IR 18; errata filed Sep 10, 1992, 12:00 p.m.: 16 IR 65; errata, 16 IR 751; filed Jan 14, 1997, 12:00 p.m.: 20 IR 1476; filed Oct 27, 2003, 10:15 a.m.: 27 IR 831; filed Oct 9, 2015, 4:07 p.m.: 20151104-IR-327100659FRA; filed Nov 18, 2021, 11:08 a.m.: 20211215-IR-327180238FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)