2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 14. POWERS AND DUTIES OF DEPARTMENT OF ENVIRONMENTAL MANAGEMENT AND BOARDS
CHAPTER 8. RULES AND STANDARDS
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IC 13-14-8
Chapter 8. Rules and Standards
IC 13-14-8-0.3
Application of rule that does not comply with IC 13-20-7-1
Sec. 0.3. A rule that:
(1) was adopted by the solid waste management board
(established by IC 13-19-2, before its repeal) before May 13,
1999; and
(2) does not comply with IC 13-20-7-1 (as amended by
P.L.224-1999 and before its repeal);
applies only to special waste that is disposed of at a solid waste
landfill that does not meet Subtitle D design standards of the federal
Resource Conservation and Recovery Act as provided in 40 CFR
Part 258.
As added by P.L.220-2011, SEC.279. Amended by P.L.113-2014,
SEC.62.
IC 13-14-8-1
Adoption or modification of rules and standards
Sec. 1. (a) The board may:
(1) adopt;
(2) repeal;
(3) rescind; or
(4) amend;
rules and standards by proceeding in the manner prescribed in
IC 4-22-2 and IC 13-14-9.
(b) The board may adopt an emergency rule under IC 4-22-2-37.1
to comply with a deadline required by or other date provided by
federal law if:
(1) the variance procedures are included in the rule; and
(2) permits or licenses granted during the period the emergency
rule is in effect are reviewed after the emergency rule expires.
An emergency rule adopted under this subsection may be extended
for two (2) extension periods by adopting another rule under
IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does not apply to an emergency
rule adopted under this subsection.
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.85;
P.L.140-2013, SEC.13.
IC 13-14-8-2
Proposal for adoption or modification of rules and standards
Sec. 2. (a) The department may propose to the board the:
(1) adoption;
(2) repeal;
(3) rescission; or
(4) amendment;
of any rule or standard.
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(b) The rules proposed by the department must be adopted by the
board under IC 4-22-2 and IC 13-14-9 before the rules become
effective.
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.86.
IC 13-14-8-3
Scope
Sec. 3. A rule or standard adopted by a board may:
(1) make different provisions as required by varying
circumstances and conditions for different contaminant sources
and for different geographical areas;
(2) be made applicable to sources outside Indiana that:
(A) are causing;
(B) are contributing to; or
(C) could cause or contribute to;
environmental pollution in Indiana; and
(3) make provision for abatement standards and procedures:
(A) concerning occurrences, emergencies, or pollution; or
(B) on other short term conditions constituting an acute
danger to health or to the environment.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-4
Considerations in adoption
Sec. 4. In adopting rules and establishing standards, a board shall
take into account the following:
(1) All existing physical conditions and the character of the area
affected.
(2) Past, present, and probable future uses of the area, including
the character of the uses of surrounding areas.
(3) Zoning classifications.
(4) The nature of the existing air quality or existing water
quality, as appropriate.
(5) Technical feasibility, including the quality conditions that
could reasonably be achieved through coordinated control of all
factors affecting the quality.
(6) Economic reasonableness of measuring or reducing any
particular type of pollution.
(7) The right of all persons to an environment sufficiently
uncontaminated as not to be injurious to:
(A) human, plant, animal, or aquatic life; or
(B) the reasonable enjoyment of life and property.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-5
Proposals for rule
Sec. 5. (a) Any person may present written proposals for the
adoption, amendment, or repeal of a rule by the board. A proposal
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presented under this section must be:
(1) supported by a statement of reasons; and
(2) accompanied by a petition signed by at least two hundred
(200) persons.
(b) If the board finds that the proposal:
(1) is not plainly devoid of merit; and
(2) does not deal with a subject on which a hearing was held
within the previous six (6) months of the submission of the
proposal;
the board shall give notice and hold a hearing on the proposal.
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.87.
IC 13-14-8-6
Hearings
Sec. 6. (a) Each hearing on a proposed rule must be open to the
public, and a reasonable opportunity to be heard with respect to the
subject of a hearing shall be afforded to any person.
(b) All testimony taken at a hearing shall be recorded. The
transcript of the hearing and any written submissions to the board at
the hearing shall be open to public inspection, and copies of the
transcript and written submissions shall be made available to any
person upon payment of the cost of reproducing the original.
(c) A person who:
(1) is heard or represented at a hearing; or
(2) requests notice;
shall be given written notice of the action of the board with respect
to the subject of the hearing.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-7
Duties of board
Sec. 7. (a) Without limiting the generality of the regulatory
authority of the board under this title, the board may adopt rules
under IC 4-22-2 and IC 13-14-9 prescribing the following:
(1) Standards or requirements for discharge or emission
specifying the maximum permissible short term and long term
concentrations of various contaminants of the air, water, or
land.
(2) Procedures for the administration of a system of permits for:
(A) the discharge of any contaminants;
(B) the construction, installation, or modification of any:
(i) facility;
(ii) equipment; or
(iii) device;
that may be designed to control or prevent pollution; or
(C) the operation of any:
(i) facility;
(ii) equipment; or
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(iii) device;
to control or to prevent pollution.
(3) Standards and conditions for the use of any fuel or vehicle
determined to constitute an air pollution hazard.
(4) Standards for the filling or sealing of abandoned:
(A) water wells;
(B) water holes; and
(C) drainage holes;
to protect ground water against contamination.
(5) Alert criteria and abatement standards for pollution episodes
or emergencies constituting an acute danger to health or to the
environment, including priority lists for terminating activities
that contribute to the hazard, whether or not the activities would
meet all discharge requirements of the board under normal
conditions.
(6) Requirements and procedures for the inspection of any
equipment, facility, vehicle, vessel, or aircraft that may cause or
contribute to pollution.
(7) Requirements and standards for equipment and procedures
for:
(A) monitoring contaminant discharges at their sources;
(B) the collection of samples; and
(C) the collection, reporting, and retention, in accordance
with record retention schedules adopted under IC 5-15-5.1,
of data resulting from that monitoring.
(8) Standards or requirements to control:
(A) the discharge; or
(B) the pretreatment;
of contaminants introduced or discharged into publicly owned
treatment works.
(b) If the board is required to adopt new rules or amend existing
rules to implement an amendment to the federal Resource
Conservation and Recovery Act or an amendment to or addition of
a National Emission Standard for Hazardous Air Pollutants under the
federal Clean Air Act, the board shall adopt the new rules or amend
the existing rules not more than nine (9) months after the date the
federal law becomes effective. This subsection does not limit the
board's authority to amend at any time the rules adopted under this
subsection.
As added by P.L.1-1996, SEC.4. Amended by P.L.123-1996, SEC.10;
P.L.133-2012, SEC.88.
IC 13-14-8-8
Variance from rules; application; hearing; five year limit;
revocation of variance
Sec. 8. (a) Except as provided in section 9 of this chapter, if a
person who is affected by a rule adopted by a board believes that the
imposition of the rule would impose an undue hardship or burden
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upon the person, the person may apply to the commissioner for a
variance from the rule.
(b) If the variance for which a person applies under subsection (a)
would be in effect for more than one (1) year, the person's
application must include a demonstration of how the person would
come into compliance with the rule within the period for which the
variance would be in effect.
(c) The commissioner may hold a public hearing on an application
submitted under subsection (a).
(d) If the commissioner determines that immediate compliance
with the rule would impose an undue hardship or burden upon the
applicant, the commissioner may grant a variance from the rule,
except as provided in section 9 of this chapter. A variance from a
rule may be granted for a period of not more than five (5) years.
(e) If a variance from a rule granted to a person under this section
will be in effect for more than one (1) year, the variance must include
a schedule requiring the person to come into compliance with the
rule within the period for which the variance will be in effect.
(f) The commissioner may revoke a variance granted to a person
under this section if the person:
(1) fails to meet the requirements of the compliance schedule
set forth in the variance;
(2) receives a notice of noncompliance from the commissioner;
and
(3) after receiving the notice of noncompliance, fails to take
corrective action in order to comply with the compliance
schedule.
If a variance is revoked under this subsection, the person granted the
variance shall comply with the rule for which the variance was
granted.
As added by P.L.1-1996, SEC.4. Amended by P.L.231-2003, SEC.1;
P.L.147-2015, SEC.2; P.L.112-2016, SEC.16.
IC 13-14-8-9
Conditions for variance from water quality standard; duration of
variance; renewal
Sec. 9. (a) A variance from a water quality standard that is at least
in part the basis of a National Pollutant Discharge Elimination
System (NPDES) permit issued under this title must meet the
conditions specified in:
(1) 40 CFR Part 132, Appendix F, Procedure 2.C; and
(2) rules adopted by the board.
(b) With respect to a variance relating to an NPDES permit for a
combined sewer overflow discharge, this subsection is satisfied if the
NPDES permit holder has prepared a long term control plan and is
implementing the nine (9) minimum controls pursuant to:
(1) 33 U.S.C. 1342(q); and
(2) 59 FR 18688.
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(c) Subject to subsection (d), a variance described in subsection
(a) may be granted for a period not to exceed the term of the NPDES
permit affected by the variance.
(d) If an NPDES permit remains in effect beyond its stated term
under IC 13-15-3-6, a variance described in subsection (a) remains
in effect for as long as the NPDES permit requirements affected by
the variance are in effect.
(e) A variance described in subsection (a) may be renewed each
time the NPDES permit affected by the variance is renewed if the
conditions of subsections (a) and (b) continue to be met.
As added by P.L.1-1996, SEC.4. Amended by P.L.231-2003, SEC.2;
P.L.54-2005, SEC.1; P.L.147-2015, SEC.3.
IC 13-14-8-10
Undue hardship; criteria
Sec. 10. A board may adopt rules under IC 4-22-2 to specify the
following with respect to any of the board's rules:
(1) Criteria to define what constitutes an undue hardship or
burden, as used in section 8 of this chapter, for the purposes of
that rule.
(2) Procedures for making determinations on applications for
variances from that rule.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-11
Appeals
Sec. 11. (a) A person affected by a decision of the commissioner
under sections 8 and 9 of this chapter may, within fifteen (15) days
after receipt of notice of the decision, appeal the decision to the
office of environmental adjudication. All proceedings under this
section to appeal the commissioner's decision are governed by
IC 4-21.5.
(b) The commissioner's decision to grant a variance does not take
effect until available administrative remedies are exhausted.
As added by P.L.1-1996, SEC.4. Amended by P.L.25-1997, SEC.4.
IC 13-14-8-11.5
Site-specific limitation for NPDES permit; application process and
criteria
Sec. 11.5. (a) The department shall prepare and publish in the
Indiana Register guidance on the application process and criteria for
obtaining a site-specific limitation for a National Pollutant Discharge
Elimination System (NPDES) permit. Criteria to be considered must
include wet weather events, water effects ratio, and other
site-specific considerations as determined by the department. Water
effects ratio shall be the ratio of the aquatic toxicity of a parameter
in the water of the receiving stream compared to the aquatic toxicity
of the parameter in the laboratory water used to determine the
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standard.
(b) Beginning January 1, 1997, the department shall review any
application and make a preliminary determination for a site-specific
limitation not later than one hundred eighty (180) days after receipt
of the application. The department may request additional
information necessary to make the preliminary determination
consistent with the guidance published under subsection (a). The one
hundred eighty (180) day period does not include any days between
the date the department requests additional information and the date
the additional information is received by the department.
(c) The final determination on a site-specific limitation will be
part of the NPDES permit decision under 327 IAC 5.
(d) If the agency does not issue a preliminary determination
within the one hundred eighty (180) days provided for in subsection
(b), the applicant may require that the department hire a qualified
outside consultant to prepare the preliminary determination as
expeditiously as possible.
(e) The department and the applicant may agree to extend the one
hundred eighty (180) day period provided for in subsection (b).
As added by P.L.123-1996, SEC.3.
IC 13-14-8-11.6
Permits for modification or construction of water pollution facility
Sec. 11.6. (a) A discharger is not required to obtain a state permit
for the modification or construction of a water pollution treatment or
control facility if the discharger has an effective:
(1) National Pollutant Discharge Elimination System (NPDES)
industrial permit for direct discharges to surface water; or
(2) industrial waste pretreatment permit not issued by the
department for discharges to a publicly owned treatment works.
(b) If a modification is for the treatment or control of any new
influent pollutant or increased levels of any existing pollutant, within
thirty (30) days after commencement of operation, the discharger
shall file with the department a notice of installation for the
additional pollutant control equipment and a design summary of any
modifications.
(c) The board shall adopt a general permit rule for the approval of
sanitary collection system plans, lift station plans, and force main
plans.
As added by P.L.72-1999, SEC.2. Amended by P.L.113-2014,
SEC.63.
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