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 13-30

Sec. 3. (a) A change in the information submitted in the NOI must be reported as soon as practicable to the commissioner. A change that is reasonably expected to alter the characteristics of the discharge regulated under a general permit must be reported prior to the change. Following the change notice, the commissioner may request the person to submit an application for an individual NPDES permit.

(b) Monitoring results must be reported at the intervals and in the form specified in the applicable general permit and this section.

(c) The following are requirements for twenty-four (24) hour reporting:

1. (1) A person regulated by a general permit shall orally report information to the office of water quality at (317) 232-8670 on the following types of noncompliance within twenty-four (24) hours from the time the person becomes aware of the noncompliance:

   1. (A) An unanticipated bypass that exceeds an effluent limitation in the applicable general permit.
   2. (B) Violation of a maximum daily discharge limitation for one (1) or more of the pollutants listed by the commissioner in the applicable general permit to be reported within twenty-four (24) hours.
   3. (C) A noncompliance that may pose a danger to human health or the environment.
   4. (D) An upset that exceeds an effluent limitation in the applicable general permit.

2. (2) A written submission must also be provided to the office of water quality within five (5) business days of the time the person becomes aware of the circumstances. The written submission must contain the following:

   1. (A) A description of the noncompliance and its cause.
   2. (B) The period of noncompliance, including exact dates and times, and, if the noncompliance has not been corrected, the anticipated duration.
   3. (C) Steps taken or planned to reduce and eliminate the noncompliance and prevent its recurrence.
3. The commissioner may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.

(d) A person regulated under a general permit shall report an instance of noncompliance not reported under subsection (c) at the time the pertinent discharge monitoring report is submitted. The report must contain the information specified under subsection (c)(2).

(e) When a person becomes aware that a relevant fact was omitted, or incorrect information was submitted in an NOI, or in a report required to be submitted under an applicable general permit or this article, the person shall promptly submit the omitted fact or corrected information.

(f) Reports required by an applicable general permit or this article and other information requested by the commissioner must be signed by a person or by a duly authorized representative of that person according to the following:

1. (1) For a corporation, by a responsible corporate officer. As used in this section, "responsible corporate officer" means:

   1. (A) a president, secretary, treasurer, a vice president of the corporation in charge of a principal business function, or a person who performs similar policy making or decision making functions for the corporation; or

   2. (B) the manager of one (1) or more manufacturing, production, or operating facilities provided the manager:

      1. (i) is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty to:

         1. (AA) make major capital investment recommendations; and
         2. (BB) initiate and direct other comprehensive measures to ensure long-term environmental compliance with environmental laws and regulations; and
      2. (ii) can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements;
   3. and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. (2) For a partnership or sole proprietorship, by a general partner or the proprietor, respectively.

3. (3) For a municipality, state, federal, or other public agency or political subdivision, by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a federal agency includes:

   1. (A) the chief executive officer of the agency; or
   2. (B) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (for example, Regional Administrators of U.S. EPA).
4. (4) Permit applicants who meet the criteria set forth in this subsection may also utilize agency-approved electronic application mechanisms instead of paper NPDES applications.

(g) A person is a duly authorized representative only if:

1. (1) the authorization is made in writing by a person described under subsection (f);

2. (2) the authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the:

   1. (A) position of plant manager;
   2. (B) operator of a well or a well field; or
   3. (C) superintendent or position of equivalent responsibility;
3. so that a duly authorized representative may be either a named individual or any individual occupying a named position; and
4. (3) the written authorization is submitted to the commissioner.

If an authorization under this subsection is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of this subsection must be submitted to the commissioner prior to or together with the reports, information, or applications to be signed by an authorized representative.

(h) A person signing a document under this section shall make the following certification:

1. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.".

(i) Except for data determined to be confidential under confidentiality rules at 327 IAC 12.1, all reports prepared in accordance with the terms of the applicable general permit must be available for public inspection at the offices of the Indiana department of environmental management and the U.S. Environmental Protection Agency Regional Administrator. As required by the CWA, information contained in the NOI and effluent data is not considered confidential.

(Water Pollution Control Division; 327 IAC 15-4-3; filed Aug 31, 1992, 5:00 p.m.: 16 IR 21; errata filed Apr 10, 2006, 2:46 p.m.: 29 IR 2547; 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)