Ind. Admin. Code tit. 327, r. 2-11-4 – Ground water classification plan

Authority: IC 13-18-3-1; IC 13-18-4-1; IC 13-18-4-3; IC 13-18-4-4; IC 13-18-4-5; IC 13-18-17-5

Affected: IC 4-22-2; IC 13-11-2-82; IC 13-18-4; IC 13-18-17; IC 14-34-4-7; IC 14-34-6; IC 14-37

Sec. 4. (a) All ground water shall be classified, under rules adopted under IC 4-22-2 that apply the standards established in this rule, to determine the appropriate narrative and numeric criteria and level of protection to be applied to ground water.

(b) Ground water shall be classified as drinking water class ground water unless it is classified as:

(1) limited class ground water under subsection (c), (d), (e), or (f); or
(2) impaired drinking water class ground water under subsection (g) or (h).

(1) Contains hydrocarbons that are producible considering their quantity and location, as has been demonstrated to an agency.
(2) Located in the injection zone of or within the physical influence of a Class I, II, or III injection well operating under a valid underground injection control permit issued under the Safe Drinking Water Act (42 U.S.C. 300) and its implementing regulations.
(3) Located in a zone within the physical influence of a gas storage well operating under a valid permit issued under IC 14-37.

(d) Ground water shall be limited if it has constituent concentrations that are the result of natural processes acting on post mine hydrology and is located within one (1) of the following:

(1) A coal mine area that:
1. (A) has satisfied the requirements of IC 14-34 and is fully released from the performance bond required by IC 14-34-6; and
2. (B) is within a zone defined by the coal mine permit as it was formerly approved and regulated by the department of natural resources unless it is within a demonstrated zone of influence of a coal mine area as determined by the commissioner in consultation with the department of natural resources.
(2) The zone of influence, as determined by the commissioner in cooperation with the department of natural resources, of a coal mine area mined prior to August 4, 1977.

(e) Ground water shall be limited if it is located within an agricultural crop root zone. A limited classification under this subsection shall extend no deeper than ten (10) feet below the land surface.

(f) The commissioner may classify ground water as limited class ground water if a person requesting classification demonstrates, in a written submission, that the following conditions are met:

(1) The ground water requested to be classified is as follows:
1. (A) Described in three (3) dimensions.
2. (B) Limited in one (1) of the following ways:
  1. (i) The potential ground water yield is less than two hundred (200) gallons per day.
  2. (ii) The naturally occurring total dissolved solids concentration is greater than or equal to ten thousand (10,000) milligrams per liter.
3. (C) Not currently used nor reasonably expected to be used for drinking water in the future, including the combined use of multiple low yield water bearing zones.
4. (D) Not in a state-approved wellhead protection area established pursuant to 327 IAC 8-4.1.
(2) Notification, using certified mail, was given, at least forty-five (45) days prior to the submission of the request, to the following:
1. (A) An owner and, if one exists, a lessee of property within or adjacent to the land area above the ground water requested to be classified.
2. (B) Any person reasonably expected to be aggrieved or adversely affected by the classification.
3. (C) City and county health officers having jurisdiction within the land area above the ground water requested to be classified.

(g) Ground water is impaired drinking water when the following conditions are met:

(1) The ground water is not in a state-approved wellhead protection area established pursuant to 327 IAC 8-4.1.
(2) The ground water has one (1) or more contaminant concentrations above the numeric criteria established in section 6(a) or 6(d) of this rule.
(3) The commissioner has approved a ground water remediation, closure, cleanup, or corrective action plan that describes the nature and extent of contaminants exceeding the criteria established in section 6(a) or 6(d), and one (1) of the following applies:
1. (A) A restrictive covenant has been placed on the property or properties overlying the ground water, and it prohibits the use of the untreated ground water.
2. (B) An alternate institutional control, such as a local ordinance, prohibits the use of the untreated ground water as a source of residential drinking water, and the commissioner has approved the alternate institutional control as an effective means of preventing exposure to the untreated ground water.

(h) The commissioner may classify ground water as impaired drinking water class ground water if it has one (1) or more contaminant concentrations above the numeric criteria established in section 6(a) or 6(d) of this rule and the person requesting classification demonstrates to the commissioner's satisfaction, in a written submission, that the following conditions are met:

(1) The ground water requested to be classified is as follows:
1. (A) Described, to the commissioner's satisfaction, in a hydrogeologic report that must, at a minimum, contain the following:
  1. (i) A three (3) dimensional description of ground water flow and direction.
  2. (ii) A description that includes the concentration of each contaminant that exceeds the criteria established in section 6(a) or 6(d) of this rule.
  3. (iii) A map indicating the property or properties overlying the ground water requested to be classified.
2. (B) Not currently used nor reasonably expected to be used for drinking water in the future unless the following apply:
  1. (i) The ground water is treated to reduce the contaminant concentration to less than the numeric criterion established in section 6(a) or 6(d) of this rule.
  2. (ii) A mechanism is in place to prevent untreated ground water from being used as drinking water for as long as a contaminant concentration is above the numeric criterion established in section 6(a) or 6(d) of this rule.
3. (C) Not in a state-approved wellhead protection area established pursuant to 327 IAC 8-4.1.
(2) Notification, using certified mail, was given, at least forty-five (45) days prior to the submission of the request, to the following:
1. (A) An owner and, if one exists, a lessee of property within or adjacent to the land area above the ground water requested to be classified.
2. (B) The following city and county positions having jurisdiction within the land area above the ground water requested to be classified:
  1. (i) Government officials.
  2. (ii) Planners.
  3. (iii) Health officers.
3. (C) Any person reasonably expected to be aggrieved or adversely affected by the classification.

(i) The commissioner may deny a request to classify ground water as impaired drinking water class ground water if the exceedance of the numeric criterion established in section 6(a) or 6(d) of this rule was caused by an unlawful action of the person seeking the classification. Notwithstanding the impaired drinking water class ground water classification, a facility, practice, or activity or a ground water contamination assessment or remediation located within the land area above the ground water classified as impaired drinking water class ground water must comply with all otherwise applicable laws, rules, and standards.

(j) The commissioner may reevaluate and change a ground water classification determination upon the receipt of new or additional information pertaining to a classification requirement.

(Water Pollution Control Division; 327 IAC 2-11-4; filed Feb 4, 2002, 11:00 a.m.: 25 IR 1877; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA; readopted filed May 27, 2020, 11:52 a.m.: 20200624-IR-327200186BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)