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; approvalof projects; participation in proceedings
Sec. 1. In carrying out the purposes of IC 13-13-5-1(1), thedepartment may, in addition to any other action that is necessary orappropriate to carry out the purpose of IC 13-13-5-1(1), do thefollowing:
(1) Cooperate with the United States Surgeon General and otheragencies of the federal government, other states, interstateagencies, and other interested parties in all matters relating towater pollution, including the development of programs foreliminating or reducing pollution and improving the sanitarycondition of waters.
(2) On behalf of Indiana, apply for and receive money madeavailable to the department under the Federal Water PollutionControl 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 grantsunder the Federal Water Pollution Control Act is made by:
(A) any political subdivision or other public body created byor under Indiana law and having jurisdiction over disposal ofsewage, industrial wastes, or other wastes;
(B) a state agency; or
(C) an interstate agency.
(4) Participate through the department's authorizedrepresentatives in proceedings under the Federal WaterPollution Control Act.
(5) Give consent on behalf of Indiana to requests by theAdministrator of the Federal Security Agency to the AttorneyGeneral of the United States for the bringing of suit forabatement of pollution.
(6) Consent to the joinder as a defendant in a suit for theabatement of pollution of a person who is alleged to bedischarging 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 waterpollution control laws; and
(2) are supplemental to the other provisions of the waterpollution control laws.
As added by P.L.1-1996, SEC.8.
IC 13-18-2-3
Requirements for department preparation of list of impairedwaters; rule adoption; identification of pollutants underconsideration in establishing total maximum daily load for asurface water
Sec. 3. (a) The department shall prepare a list of impaired watersfor the purpose of complying with federal regulations implementingSection 303(d) of the federal Clean Water Act (33 U.S.C. 1313(d)).In determining whether a water body is impaired, the departmentshall consider all existing and readily available water quality dataand related information. The department, before submitting the listto 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 thelist, the board shall publish the changes in the Indiana Register andconduct a public hearing within ninety (90) days after receipt of thechanges.
(b) The board shall adopt a rule that:
(1) establishes the methodology to be used in identifying watersas impaired; and
(2) specifies the methodology and criteria for including andremoving waters from the list of impaired waters.
(c) In the establishment of the total maximum daily load for asurface water under Section 303(d)(1)(C) of the federal Clean WaterAct (33 U.S.C. 1313(d)(1)(C)), the department shall, in identifyingthe surface water under Section 303(d)(1)(A) of the federal CleanWater Act (33 U.S.C. 1313(d)(1)(A)), make every reasonable effortto identify the pollutant or pollutants under consideration for theestablishment of the total maximum daily load.
(d) The department shall comply with subsection (e) if either ofthe following applies:
(1) The department:
(A) is unable in identifying the surface water as described insubsection (c) to identify the pollutant or pollutants underconsideration for the establishment of the total maximumdaily load; and
(B) determines, after identifying the surface water asdescribed in subsection (c), that one (1) or more pollutantsshould be under consideration for establishment of the totalmaximum daily load.
(2) The department:
(A) in identifying the surface water as described insubsection (c), identifies the pollutant or pollutants underconsideration for the establishment of the total maximumdaily load; and
(B) determines, after identifying the pollutant or pollutantsas described in clause (A), that one (1) or more other
pollutants should be under consideration for establishmentof the total maximum daily load.
(e) The department complies with subsection (d) if the departmentdoes the following before making a pollutant or pollutants the subjectof consideration for the establishment of the total maximum dailyload:
(1) Determines and demonstrates that either or both of thefollowing 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 anindividual pollutant, multiple pollutants, pollution, or anunknown cause of impairment.
(B) The surface water:
(i) receives a thermal discharge from one (1) or more pointsources; and
(ii) does not have or maintain a balanced indigenouspopulation of shellfish, fish, and wildlife.
(2) Publishes in the Indiana Register the determination referredto 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) tothe commissioner for final approval after the comment periodunder subdivision (3).
As added by P.L.140-2000, SEC.16. Amended by P.L.78-2009,SEC.14.