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

Affected: IC 13-18-4; IC 13-18-19

Sec. 3. (a) BMPs specified by an applicable EPA-promulgated regulation under section 304(e) of the CWA shall be expressly incorporated into an NPDES permit.

(b) In establishing BMP requirements in an NPDES permit on a case-by-case basis as the commissioner determines to be necessary to carry out the provisions under section 402(a)(1) of the CWA, the commissioner shall consider the following factors:

1. (1) toxicity of the pollutant(s);
2. (2) quantity of the pollutant(s) used, produced, or discharged;
3. (3) history of NPDES permit violations;
4. (4) history of significant leaks or spills of toxic or hazardous pollutants;
5. (5) potential for adverse impact on public health, e.g., proximity to a public water supply or the environment, e.g., proximity to a sport or commercial fishery; and
6. (6) any other factors determined to be relevant to the control of toxic or hazardous pollutants.

BMP requirements which may be imposed under this subsection include, without limitation, dikes and other containment structures, stormwater diversion structures, and similar measures as well as operational practices such as periodic plant inspections, preventive maintenance, and plant housekeeping.

(c) Best management practices may be established in permits under subsection (b) alone or in combination with those required under subsection (a).

(Water Pollution Control Division; 327 IAC 5-9-3; filed Sep 24, 1987, 3:00 pm: 11 IR 651; 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; readopted filed Jun 14, 2019, 1:59 p.m.: 20190710-IR-327190246BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)