327 Ind. Admin. Code 5-2-1.8

Current through December 4, 2024

Section 327 IAC 5-2-1.8 - Exceptions

Authority: IC 13-14-8-1; IC 13-18-10-4

Affected: IC 13-11-2-38.3; IC 13-14-12; IC 13-18; IC 13-30; IC 14-37

Sec. 1.8.

(a) When used in a document incorporated by reference in section 1.5 of this rule:

(1) delete 40 CFR 122.3; and

(2) substitute the language in subsection (b).

(b) The following discharges do not require an NPDES permit:

(1) Any discharge of sewage from vessels, effluent from properly functioning marine engines, laundry, shower, and galley sink wastes, or any other discharge incidental to the normal operation of a vessel. This exclusion does not apply to rubbish, trash, garbage, or other such materials discharged overboard; nor to other discharges when the vessel is operating in a capacity other than as a means of transportation such as when a vessel is being used as an energy or mining facility, a storage facility, or a seafood processing facility, or is secured to the bed of the waters of the state for the purpose of mineral or oil exploration or development.

(2) Discharges of dredged or fill material into waters of the state and regulated under Section 404 of the Clean Water Act (33 U.S.C. 1344), except where the commissioner determines, on a case-by-case basis, that the discharge threatens to violate state water quality standards concerning toxic pollutants.

(3) The introduction of sewage, industrial wastes, or other pollutants into publicly owned treatment works by indirect dischargers. However, all applicable pretreatment standards promulgated under Section 307(b) and 307(c) of the Clean Water Act (33 U.S.C. 1317(b) and 33 U.S.C. 1317(c)) must also be complied with, and may be included in the permit to the publicly owned treatment works. This exclusion does not apply to discharges through pipes, sewers, or other conveyances owned by a public entity not leading to treatment works.

(4) Any introduction of pollutants from nonpoint source agricultural and silvicultural activities, including runoff from orchards, cultivated crops, pastures, range lands, and forest lands, except that this exclusion shall not apply to discharges from:

(A) concentrated animal feeding operations as defined in IC 13-11-2-38.3 and 40 CFR 122.23; or

(B) silvicultural point sources, as defined in 40 CFR 122.27, that are point sources subject to the NPDES permit program.

(5) Any discharge in compliance with the instructions of an on-scene coordinator pursuant to 40 CFR 300 or 33 CFR 153.10(e) or of a state employee acting in a similar capacity.

(6) Discharges into a privately owned treatment works, except as the commissioner may otherwise require under section 10(a)(4) of this rule.

(7) Any discharge by underground injection of salt or sulfur-bearing water or waste liquids associated with the recovery of oil and natural gas, if the discharge is pursuant to a valid permit issued by the natural resources commission under IC 14-37.

(8) Any discharge consisting entirely of return flows from irrigated agriculture.

(9) Deep injection wells, except in accordance with 327 IAC 5-4-2.

327 IAC 5-2-1.8

Filed 10/9/2015, 4:07 p.m.: 20151104-IR-327100659FRA

Errata Filed 9/22/2017, 11:46 a.m.: 20171004-IR-327170437ACA

Filed 11/18/2021, 11:08 a.m.: 20211215-IR-327180238FRA

Readopted filed 10/18/2024, 1:57 p.m.: 20241113-IR-327230810RFA