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 13-18-4

Sec. 5. (a) In addition to the NOI letter requirements contained in 327 IAC 15-3, a person regulated under this rule must submit with the NOI letter requirements under this rule the following information:

1. (1) The discharge location of each outfall, including each outfall regulated under section 7(b)(6) of this rule and its associated receiving stream.
2. (2) An identifying outfall number. The numbering shall start at 001 for the first outfall, 002 for the second outfall, and continue in that manner until all outfalls are numbered. The sequential number assigned to any outfall identified under section 7(b)(6) of this rule shall be preceded by an "S".
3. (3) For each numbered outfall, identify the mine drainage status regulated under section 7(a)(1) through 7(a)(4) of this rule. For numbered outfalls regulated under section 7(b)(6) of this rule, identify the outfall as discharging storm water.
4. (4) The dry weather base flow value for each numbered outfall regulated under section 7(a)(1) through 7(a)(4) of this rule.
5. (5) A topographical map identifying the location of the coal mining operation, the receiving streams, and the location of each numbered outfall.

(b) The NOI letter must also include proof of publication of the following statement in a newspaper of largest circulation in the area of the discharge:

1. "(Your facility name, address, address of the location of the discharging facility, and the stream(s) receiving the discharge(s)) is submitting a Notice of Intent letter to notify the Indiana Department of Environmental Management of our intent to comply with the requirements under 327 IAC 15-7 to discharge wastewater associated with the mining of coal, coal processing, and/or reclamation activities. Any person aggrieved by this action may appeal in writing to the Environmental Law Judge of the Office of Environmental Adjudication for an adjudicatory hearing on the question of whether this facility should operate under this NPDES general permit rule. An appeal must be postmarked no later than fifteen (15) days from the date of this public notice. Such a written request for an adjudicatory hearing must:

   1. (A) state the name and address of the person making the request;
   2. (B) identify the interest of the person making the request;
   3. (C) identify any persons represented by the person making the request;
   4. (D) state with particularity the reasons for the request;
   5. (E) state with particularity the issues proposed for consideration at the hearing; and
   6. (F) state with particularity the reasons why the NPDES general permit rule should not be available to the discharger identified in this notice.

2. Any such request shall be mailed or delivered to:

   1. Office of Environmental Adjudication
   2. Indiana Government Center-North
   3. 100 North Senate Avenue, Room N501
   4. Indianapolis, Indiana 46204".

(c) Following submittal of an NOI letter to IDEM and publication in the newspaper by the person requesting coverage under subsection (b), IDEM shall do the following:

1. (1) Review the NOI for applicability pursuant to section 3 of this rule and for compliance with the requirements of subsection (a).

2. (2) List this facility, the NPDES general permit tracking number, and the information contained in this notice in a monthly publication to be distributed by IDEM to all persons who have asked to receive NPDES general permit rule notification. This monthly publication shall be issued by IDEM on the fifteenth day of every month and shall identify all facilities which met both the NOI and newspaper publication requirements in the preceding month. Requests to be placed on the NPDES general permit rule notification list shall be mailed or delivered to the address at 327 IAC 15-3-1. IDEM's monthly publication will also contain the following instructions:

   1. "Any person aggrieved by this action may appeal in writing to the Environmental Law Judge of the Office of Environmental Adjudication for an adjudicatory hearing on the question of whether this facility should operate under this NPDES general permit rule. An appeal must be postmarked no later than fifteen (15) days from the publication date of this public notice. Such a written request for an adjudicatory hearing must:

      1. (A) state the name and address of the person making the request;
      2. (B) identify the interest of the person making the request;
      3. (C) identify any persons represented by the person making the request;
      4. (D) state with particularity the reasons for the request;
      5. (E) state with particularity the issues proposed for consideration at the hearing; and
      6. (F) identify the NPDES general permit rule terms and conditions which, in the judgment of the person making the request, would be appropriate to satisfy the requirements of the law governing this NPDES general permit rule. If any person filing such objections desires any part of this NPDES general permit rule to be stayed pending the outcome of the appeal, a specific request for such must be included in the request identifying those parts of the rule to be stayed.

   2. Any such request shall be mailed or delivered to:

      1. Office of Environmental Adjudication
      2. Indiana Government Center-North
      3. 100 North Senate Avenue, Room N501
      4. Indianapolis, Indiana 46204".

(d) An amended NOI letter containing the information required in 327 IAC 15-3 and subsection (a) shall be submitted for active or post mining areas and coal preparation plants and associated areas prior to initiating one (1) of the following events:

1. (1) A point source discharge is added or deleted.
2. (2) A change is made in mine drainage status to a point source discharge.
3. (3) The point source discharge location is changed to a different receiving stream.

(e) A copy of the NOI letter and the amended NOI letter required under this section shall also be sent to the following address:

1. Indiana Department of Natural Resources
2. Division of Reclamation
3. 14619 West State Road 48
4. Jasonville, Indiana 47438-7056

(Water Pollution Control Division; 327 IAC 15-7-5; filed May 25, 1994, 11:00 a.m.: 17 IR 2285; errata filed Jul 11, 1994, 3:00 p.m.: 17 IR 2657; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; errata filed Feb 6, 2006, 11:15 a.m.: 29 IR 1938; 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; errata filed Dec 30, 2015, 12:37 p.m.: 20160113-IR- 327150453ACA; readopted filed Jun 14, 2019, 1:59 p.m.: 20190710-IR-327190246BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)