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 13-11-2; IC 13-18-4; IC 13-18-11; IC 13-30-4-1; IC 13-30- 10

Sec. 1. (a) A violation of this article constitutes a violation of the CWA and environmental management laws and is subject to enforcement under IC 13-30. A person who violates this article may be required to obtain an individual NPDES permit.

(b) In accordance with IC 13-30-4-1, a person who:

1. (1) violates a rule or standard adopted by the board is subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000) per day of each violation; or

2. (2) willfully or negligently violates:

   1. (A) an applicable standard or limitation;
   2. (B) an NPDES permit condition; or
   3. (C) an NPDES filing requirement;
3. is subject to criminal penalties under IC 13-30-10.

If the conviction is for a violation committed after a first conviction of a person under this subsection, punishment must be a fine of not more than fifty thousand dollars ($50,000) per day of violation, or by imprisonment for not more than two (2) years, or both. Except as provided in applicable general permit conditions on bypassing under section 2(c) of this rule, and upsets under section 2(b)(3) of this rule, nothing in this article shall be construed to relieve a person in violation of it from civil or criminal penalties for noncompliance.

(c) A person in violation of this article shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from the person's noncompliance.

(d) The following conditions apply to a person subject to this article:

1. (1) Compliance with an applicable general permit does not:

   1. (A) authorize:

      1. (i) injury to a person or private property;
      2. (ii) invasion of other private rights; or

      3. (iii) infringement of federal, state, or local:

         1. (AA) laws; or
         2. (BB) regulations; or

   2. (B) preempt a duty to obtain state or local consent required by law for:

      1. (i) the discharge; or
      2. (ii) construction or operation of the facility from which the discharge is made.
2. (2) Nothing in this article shall be construed to relieve a person from responsibility, liability, or penalty that the person is or may be subject to under the CWA.
3. (3) The applicability of this article does not convey property rights or exclusive privileges.

(e) A person regulated by this article shall furnish to the commissioner, within a reasonable time, the information that the commissioner may request to determine whether cause exists for modifying, revoking and reapproving, or terminating the approval to discharge under this article or to determine compliance with this article. A person shall also furnish to the commissioner, upon request, copies of records required to be kept by this article.

(f) A person shall comply with effluent standards or prohibitions established under the CWA for toxic pollutants injurious to human health within the time provided in the regulations that establish those standards or prohibitions, even if the general permit has not yet been modified to incorporate the requirement. The commissioner shall modify the general permit to include the requirement.

(g) A person regulated by this article shall have all wastewater treatment facilities, if any, under the direct supervision of an operator certified by the commissioner as required under IC 13-18-11 and 327 IAC 8-12.

(h) The provisions of this article are severable and, if a provision of this article or the application of a provision of this article to a circumstance is held invalid, the application of the provision to other circumstances and the remainder of this article shall not be affected.

(i) A person regulated by this article shall allow the commissioner, or an authorized representative (including an authorized contractor or representative of another governmental agency acting as a representative on behalf of the commissioner), at reasonable times, and in a manner to minimize disruption of the business, upon the presentation of credentials and other documents as may be required by law, to:

1. (1) enter upon the premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of the applicable general permit or this article;
2. (2) have access to and copy, at reasonable times, records that must be kept under the conditions of the applicable general permit or this article;
3. (3) inspect, at reasonable times, facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the applicable general permit or this article; and
4. (4) sample or monitor substances or parameters at locations and at reasonable times, for the purposes of ensuring compliance with the applicable general permit conditions or as otherwise authorized by the CWA.

(j) A person regulated by this article shall not:

1. (1) construct;
2. (2) install; or
3. (3) modify;

a water pollution control facility without a valid construction permit issued by the department under 327 IAC 3-2.

(k) A person with a new discharge or facility to which a general permit applies must comply with the applicable requirements of the applicable general permit and this article including the submittal of the appropriate NOI.

(l) The following standard permit conditions are applicable to a general permit:

1. (1) Duty to comply according to 40 CFR 122.41(a)*.
2. (2) Duty to reapply according to 40 CFR 122.41(b)*.
3. (3) Need to halt or reduce activity not a defense according to 40 CFR 122.41(c)*.
4. (4) Duty to mitigate according to 40 CFR 122.41(d)*.
5. (5) Proper operation and maintenance according to 40 CFR 122.41(e)*.
6. (6) Permit actions according to 40 CFR 122.41(f)*.
7. (7) Property rights according to 40 CFR 122.41(g)*.
8. (8) Duty to provide information according to 40 CFR 122.41(h)*.
9. (9) Inspection and entry according to 40 CFR 122.41(i)*.
10. (10) Monitoring and records according to 40 CFR 122.41(j)*.
11. (11) Signatory requirements according to 40 CFR 122.41(k)*.
12. (12) Reporting requirements according to 40 CFR 122.41(l)*.
13. (13) Bypass reporting according to 40 CFR 122.41(m)*.
14. (14) Upset reporting according to 40 CFR 122.41(n)*.
15. (15) Additional reporting requirement for existing manufacturing, commercial, mining, and silvicultural dischargers according to 40 CFR 122.42(a)*.

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.

(Water Pollution Control Division; 327 IAC 15-4- 1; filed Aug 31, 1992, 5:00 p.m.: 16 IR 19; errata filed Sep 10, 1992, 12:00 p.m.: 16 IR 65; errata, 16 IR 751; errata, 16 IR 898; filed Oct 9, 2015, 4:07 p.m.: 20151104-IR-327100659FRA; errata filed Dec 30, 2015, 12:37 p.m.: 20160113-IR-327150453ACA; filed Nov 18, 2021, 11:08 a.m.: 20211215-IR-327180238FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR- 327230810RFA)