Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC 13-16; IC 13-18-3

Affected: IC 13-18

Sec. 2. (a) A person currently discharging pollutants under an existing NPDES permit shall submit a new application as follows:

1. (1) Under subsection (b) where facility expansions, production increases, or process modifications will:

   1. (A) result in new or substantially increased discharges of pollutants or a change in the nature of the discharge of pollutants; or
   2. (B) violate the terms and conditions of the existing permit.
2. (2) At least one hundred eighty (180) days prior to the expiration date of the existing permit, unless a later date is allowed by the commissioner.

(b) A person proposing a new discharge of pollutants shall submit an application according to the following:

1. (1) The application must be submitted at least one hundred eighty (180) days before the date when the discharge is to commence, unless a later date is allowed by the commissioner.
2. (2) A person planning to operate a facility that is a new source or a new discharger and that may fall under the coverage of an existing general permit shall submit an NPDES application under this section and state that an existing general permit may cover the facility's discharge.

(c) The commissioner shall review the application under subsection (b)(2) and:

1. (1) if the applicant's proposed discharge falls within the coverage of the general permit, the commissioner shall:

   1. (A) notify the applicant that coverage under the general permit applies; and
   2. (B) suspend further processing of the application; or
2. (2) if coverage under a general permit does not apply to the applicant's proposed discharge, the commissioner shall process the application as for an individual NPDES permit according to this article.

(d) All applications required under this section must be:

1. (1) completed in accordance with 327 IAC 5-2-3 and applicable instructions;
2. (2) signed pursuant to 327 IAC 5-2-22; and
3. (3) submitted with the appropriate fee under section 17 of this rule to the department of environmental management.

(e) Except for decisions to modify, revoke and reissue, or terminate a permit, no NPDES permit other than a general permit may be issued until the applicant has filed a complete application that complies with the filing requirements in this rule. If an applicant fails or refuses to correct deficiencies in its NPDES application form, the permit may be denied or appropriate enforcement action may be taken under 327 IAC 5-2-20.

(f) If the commissioner determines that further information or a site visit is necessary in order to evaluate the discharge completely and accurately, the commissioner shall:

1. (1) notify the applicant; and

2. (2) schedule a date for:

   1. (A) receipt of the requested information; and
   2. (B) any necessary site visit.

(g) Special procedures for applications for variances and statutory modifications are provided in sections 4 and 13 of this rule.

(h) In the case of a person discharging or proposing to discharge pollutants from more than one (1) point source, an appropriate application form must be submitted for each point source discharge.

(Water Pollution Control Division; 327 IAC 5-3-2; filed Sep 24, 1987, 3:00 p.m.: 11 IR 634; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; 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 May 23, 2022, 9:56 a.m.: 20220622-IR-327200026FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)