CHAPTER 2. WATER POLLUTION AGENCY UNDER FEDERAL LAW
IC 13-18-2
Chapter 2. Water Pollution Agency Under Federal Law
IC 13-18-2-1
Powers; cooperation with federal agencies; federal funds; approval
of projects; participation in proceedings
Sec. 1. In carrying out the purposes of IC 13-13-5-1(1), the
department may, in addition to any other action that is necessary or
appropriate to carry out the purpose of IC 13-13-5-1(1), do the
following:
(1) Cooperate with the United States Surgeon General and other
agencies of the federal government, other states, interstate
agencies, and other interested parties in all matters relating to
water pollution, including the development of programs for
eliminating or reducing pollution and improving the sanitary
condition of waters.
(2) On behalf of Indiana, apply for and receive money made
available to the department under the Federal Water Pollution
Control Act by any agency of the federal government. However,
all money received from any federal agency:
(A) shall be paid into the state treasury; and
(B) shall be expended, under the direction of the department,
solely for the purpose for which the grant has been made.
(3) Approve projects for which application for loans or grants
under the Federal Water Pollution Control Act is made by:
(A) any political subdivision or other public body created by
or under Indiana law and having jurisdiction over disposal of
sewage, industrial wastes, or other wastes;
(B) a state agency; or
(C) an interstate agency.
(4) Participate through the department's authorized
representatives in proceedings under the Federal Water
Pollution Control Act.
(5) Give consent on behalf of Indiana to requests by the
Administrator of the Federal Security Agency to the Attorney
General of the United States for the bringing of suit for
abatement of pollution.
(6) Consent to the joinder as a defendant in a suit for the
abatement of pollution of a person who is alleged to be
discharging matter contributing to the pollution.
As added by P.L.1-1996, SEC.8.
IC 13-18-2-2
Effect on other laws
Sec. 2. This chapter, IC 13-13-5-1(1), and IC 13-13-5-2:
(1) do not amend, alter, or repeal any provision of the water
pollution control laws; and
(2) are supplemental to the other provisions of the water
pollution control laws.
As added by P.L.1-1996, SEC.8.
IC 13-18-2-3
Requirements for department preparation of list of impaired
waters; rule adoption; identification of pollutants under
consideration in establishing total maximum daily load for a
surface water
Sec. 3. (a) The department shall prepare a list of impaired waters
for the purpose of complying with federal regulations implementing
Section 303(d) of the federal Clean Water Act (33 U.S.C. 1313(d)).
In determining whether a water body is impaired, the department
shall consider all existing and readily available water quality data
and related information. The department, before submitting the list
to the United States Environmental Protection Agency, shall:
(1) publish the list in the Indiana Register;
(2) make the list available for public comment for at least ninety
(90) days; and
(3) present the list to the board.
If the United States Environmental Protection Agency changes the
list, the board shall publish the changes in the Indiana Register and
conduct a public hearing within ninety (90) days after receipt of the
changes.
(b) The board shall adopt a rule that:
(1) establishes the methodology to be used in identifying waters
as impaired; and
(2) specifies the methodology and criteria for including and
removing waters from the list of impaired waters.
(c) In the establishment of the total maximum daily load for a
surface water under Section 303(d)(1)(C) of the federal Clean Water
Act (33 U.S.C. 1313(d)(1)(C)), the department shall, in identifying
the surface water under Section 303(d)(1)(A) of the federal Clean
Water Act (33 U.S.C. 1313(d)(1)(A)), make every reasonable effort
to identify the pollutant or pollutants under consideration for the
establishment of the total maximum daily load.
(d) The department shall comply with subsection (e) if either of
the following applies:
(1) The department:
(A) is unable in identifying the surface water as described in
subsection (c) to identify the pollutant or pollutants under
consideration for the establishment of the total maximum
daily load; and
(B) determines, after identifying the surface water as
described in subsection (c), that one (1) or more pollutants
should be under consideration for establishment of the total
maximum daily load.
(2) The department:
(A) in identifying the surface water as described in
subsection (c), identifies the pollutant or pollutants under
consideration for the establishment of the total maximum
daily load; and
(B) determines, after identifying the pollutant or pollutants
as described in clause (A), that one (1) or more other
pollutants should be under consideration for establishment
of the total maximum daily load.
(e) The department complies with subsection (d) if the department
does the following before making a pollutant or pollutants the subject
of consideration for the establishment of the total maximum daily
load:
(1) Determines and demonstrates that either or both of the
following apply:
(A) The surface water does not attain water quality standards
(as established in 327 IAC 2-1 and 327 IAC 2-1.5) due to an
individual pollutant, multiple pollutants, pollution, or an
unknown cause of impairment.
(B) The surface water:
(i) receives a thermal discharge from one (1) or more point
sources; and
(ii) does not have or maintain a balanced indigenous
population of shellfish, fish, and wildlife.
(2) Publishes in the Indiana Register the determination referred
to in subdivision (1).
(3) Makes the determination referred to in subdivision (1)
available for public comment for at least ninety (90) days.
(4) Presents the determination referred to in subdivision (1) to
the commissioner for final approval after the comment period
under subdivision (3).
As added by P.L.140-2000, SEC.16. Amended by P.L.78-2009,
SEC.14.