Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3

Affected: IC 13-18-3-2; IC 13-18-4

Sec. 18. (a) Except as provided in subsection (f), a person who wishes to propose that a waterbody within the Great Lakes system be considered by the commissioner for designation as a limited use water shall submit to the commissioner a written proposal:

1. (1) identifying the waterbody and stating the rationale for the proposal; and
2. (2) including any other supporting documentation.

(b) The commissioner shall evaluate the proposal for limited use water redesignation considering the following:

1. (1) Waters that meet the following conditions may be considered for designation as a limited use water:

   1. (A) Waters that have:

      1. (i) naturally poor physical characteristics (that is, suitable habitat to support a well-balanced fish community is severely limited or absent) including lack of sufficient flow (Q7,10 low flow upstream of any existing or proposed discharge of one-tenth (0.1) cubic foot per second or less);
      2. (ii) naturally poor chemical quality;
      3. (iii) irreversible man-induced conditions that came into existence before January 1, 1983; and
      4. (iv) no unique or exceptional features.
   2. (B) No potential or existing uses made of the waterbody by people in the immediate area would be adversely affected by a limited use designation.
2. (2) The waterbody has been evaluated by a use attainability analysis.

(c) After completion of the evaluation under subsection (b), if the commissioner determines that redesignation of the waterbody is appropriate, the commissioner shall initiate a rulemaking to include the waterbody as a limited use water under section 19(a) of this rule.

(d) All waters that are designated as a limited use water under section 19(a) of this rule must be evaluated for restoration and upgrading at each triennial review of this rule.

(e) Factors that relate to outstanding state resource water classifications shall be in accordance with IC 13-18-3-2(f) through IC 13-18-3-2(j) and may include, but are not limited to, the following:

1. (1) The presence of any of the following:

   1. (A) A unique or exceptional habitat or species in the waterbody.
   2. (B) A rare or endangered species in the waterbody.
   3. (C) Exceptional aesthetic quality in the immediate environs of the waterbody.

2. (2) The waterbody:

   1. (A) is within the boundaries of or flows through a designated natural area, nature preserve, or state or national park or forest;
   2. (B) supports an excellent sports fishery; or
   3. (C) possesses exceptional quality.
3. (3) Intensive recreational use is made of the waterbody.
4. (4) Designation as a natural, scenic, or recreational waterbody by the Indiana department of natural resources.

(f) A person seeking to obtain a CSO wet weather limited use subcategory designation shall do so in accordance with 327 IAC 2-1-3.1.

(Water Pollution Control Division; 327 IAC 2-1.5-18; filed Jan 14, 1997, 12:00 p.m.: 20 IR 1410; errata filed Aug 11, 1997, 4:15 p.m.: 20 IR 3378; filed Sep 6, 2007, 12:25 p.m.: 20071003-IR-327050218FRA; filed May 29, 2012, 3:19 p.m.: 20120627-IR-327080764FRA; filed Nov 10, 2014, 1:51 p.m.: 20141210-IR-327130290FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)