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 13-11-2; IC 13-14-10; IC 13-18-3-15; IC 13-18-4; IC 13-30

Sec. 20. (a) Any violation of this article:

1. (1) may subject the person causing or contributing to said violation to administrative or judicial enforcement proceedings, pursuant to IC 13-30;
2. (2) may be cause, pursuant to section 16 of this rule, for modification, revocation and reissuance, or termination of an NPDES permit; and
3. (3) may, in an appropriate case, warrant the invocation of emergency procedures provided in IC 13-14-10.

(b) The three (3) enforcement responses enumerated in subsection (a) are independent and not mutually exclusive. Thus the initiation and prosecution of any particular response to a violation of this article does not exclude the concurrent or subsequent initiation of any other response.

(c) For purposes of this section, a "violation of this article" shall include, but not be limited to:

1. (1) the discharge of pollutants without an NPDES permit or in violation of any effluent limitation in an NPDES permit;
2. (2) the violation of any other term or condition of an NPDES permit;
3. (3) failure to comply with NPDES application requirements under section 3 of this rule or 327 IAC 5-3; or
4. (4) failure to allow entry, inspection, and monitoring by the commissioner when requested in accordance with applicable law or to carry out monitoring, recording, and reporting required under this article.

(d) For violations of a permit for storm water runoff associated with construction activity, the department shall investigate potential violations of the permit to determine which person may be responsible for the violation. The department shall, if appropriate, consider public records of ownership, building permits issued by local units of government, and other relevant information, which may include site inspections, storm water pollution prevention plans, notices of intent, and other information related to the specific facts and circumstances of the potential violation.

(Water Pollution Control Division; 327 IAC 5-2-20; filed Sep 24, 1987, 3:00 p.m.: 11 IR 632; filed Feb 26, 1993, 5:00 p.m.: 16 IR 1756; filed Oct 9, 2015, 4:07 p.m.: 20151104-IR-327100659FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)