Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2; IC 13-18-3; IC 13-18- 4

Affected: IC 13-12-3-1; IC 13-18-1

Sec. 11. (a) An NOT letter, on a form provided by the commissioner, must be submitted by a permittee regulated under this rule for any of the following:

1. (1) Closure of the facility.
2. (2) Transfer of ownership or operator.
3. (3) No exposure of all facility industrial activities to storm water.
4. (4) All storm water run-off from the facility flows into a combined sewer system.
5. (5) Storm water does not have the potential to impact a water of the state.

(b) An NOT letter for closure of a facility or transfer of ownership or operator must be submitted within thirty (30) days of the date of closure or transfer.

(c) For transfers, the new owner or operator must submit a new NOI letter within sixty (60) days of the date of transfer.

(d) For a permittee to make a claim of termination based on no exposure to industrial activities, a complete "No Exposure Certification" completed in accordance with section 12 of this rule must be submitted with the NOT letter.

(e) For a permittee to make a claim of termination based on all storm water run-off flowing into a combined sewer system, a certification letter from the responsible party of the combined sewer system, on responsible party letterhead, must be submitted with the NOT letter.

(f) The completed NOT will be reviewed by the commissioner within sixty (60) days of the submittal date. The permit remains in effect during the review timeframe.

(g) Upon completion of review the commissioner may:

1. (1) approve the NOT letter request;
2. (2) deny the NOT request; or
3. (3) request an on-site verification inspection.

(h) If the permittee does not receive a notification under subsection (g) within sixty (60) days of the NOT request submittal, the NOT request will be deemed approved.

(i) The commissioner may issue an NOT letter for any of the following occurrences:

1. (1) Effluent standards and limitations are promulgated for discharges subject to this rule.
2. (2) It is determined that a general permit is not adequate to protect water quality.

When a general permit is not adequate, an individual NPDES storm water permit will be issued.

(Water Pollution Control Division; 327 IAC 15-6-11; filed Oct 27, 2003, 10:15 a.m.: 27 IR 860; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; filed Oct 9, 2015, 4:07 p.m.: 20151104-IR-327100659FRA; readopted filed Jun 14, 2019, 1:59 p.m.: 20190710-IR-327190246BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)