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

Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4

Sec. 5. (a) The commissioner shall review each submission for a POTW pretreatment program approval or request to revise a categorical pretreatment standard to preliminarily determine whether the submission complies with the requirements of section 3, 4(a), or 4(b) of this rule or this section. After preliminary review, the commissioner shall act according to the following:

1. (1) If the submission meets the applicable requirements, the commissioner shall notify the POTW and commence permit procedures set forth in 327 IAC 5-3.
2. (2) If the submission does not comply with applicable requirements, the commissioner shall provide written notice to the POTW and to each person who has requested individual notice. This notification shall identify any defects in the submission and advise the POTW how it can comply with the applicable requirements.

(b) A POTW with an approved POTW pretreatment program shall promptly inform the commissioner of any change in legal authority, staffing, or funding that may significantly affect the ability of the POTW to operate its approved POTW pretreatment program. Whenever this information is submitted and whenever the POTW's NPDES permit is under consideration for reissuance, the commissioner shall review the POTW's ongoing capability to operate its approved POTW pretreatment program. If the commissioner determines that the POTW no longer possesses the capability to adequately run its approved POTW pretreatment program, the commissioner shall promptly notify the POTW of the deficiencies identified.

(Water Pollution Control Division; 327 IAC 5-19-5; filed Oct 10, 2000, 3:02 p.m.: 24 IR 308; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)