327 Ind. Admin. Code 4-1-2

Current through January 8, 2025

Section 327 IAC 4-1-2 - Definitions

Authority: IC 13-14-8-7; IC 13-18-4-3

Affected: IC 8-1-2-89; IC 13-11-2-265

Sec. 2.

In addition to the definitions in IC 8-1-2-89, IC 13-11-2, and 327 IAC 2, the following definitions apply throughout this article:

(1) "Discharge" or "direct discharge", when used without qualification, means a discharge of a pollutant.

(2) "Discharge of a pollutant" means any addition of any pollutant, or combination of pollutants, into any waters of the state of Indiana from a point source in Indiana. The term includes, without limitation, additions of pollutants into waters of the state from the following:

(A) Surface run-off that is collected or channeled by man.

(B) Discharges through pipes, sewers, or other conveyances that do not lead to treatment works.

(3) "Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency.

(4) "Hazardous substance" means any substance designated under 40 CFR 116 under Section 311 of the Clean Water Act (CWA), 33 U.S.C. 1321.

(5) "NPDES permit" means a written authorization issued by the commissioner or the EPA to regulate the discharge of pollutants under Section 402 of the CWA, 33 U.S.C. 1342, or corresponding state law (327 IAC 5).

(6) "Person" means any of the following:

(A) An individual.

(B) A partnership.

(C) A copartnership.

(D) A firm.

(E) A company.

(F) A corporation.

(G) An association.

(H) A joint stock company.

(I) A trust.

(J) An estate.

(K) A municipal corporation.

(L) A city.

(M) A school city.

(N) A town.

(O) A school town.

(P) A school district.

(Q) A school corporation.

(R) A county.

(S) A consolidated unit of government.

(T) A political subdivision.

(U) A state agency.

(V) Any other legal entity.

(7) "Pollutant" means, but is not limited to:

(A) dredged spoil;

(B) incinerator residue;

(C) filter backwash;

(D) sewage;

(E) garbage;

(F) sewage sludge;

(G) munitions;

(H) chemical wastes;

(I) solid wastes;

(J) toxic wastes;

(K) hazardous substances;

(L) biological materials;

(M) radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended; 42 U.S.C. 2011, et seq.);

(N) heat;

(O) wrecked or discarded equipment;

(P) rock;

(Q) sand;

(R) cellar dirt; and

(S) other industrial, municipal, and agricultural waste;

discharged into water.

(8) "Publicly owned treatment works" or "POTW" means a treatment works as defined by Section 212(2) of the CWA, 33 U.S.C. 1292(2), that is owned by the state or a municipality (as defined by Section 502(4) of the CWA, 33 U.S.C. 1362(4)), except that it does not include pipes, sewers, or other conveyances not connected to a facility providing treatment. The term includes any devices and systems used in the:

(A) storage;

(B) treatment;

(C) recycling; and

(D) reclamation;

of municipal sewage or compatible industrial wastes. The term also means the municipality, as defined by Section 502(4) of the CWA, including, without limitation, a city, town, county, or other public body created by or under state law that has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

(9) "Sanitary sewer" means a sewer that:

(A) conveys liquid and water-carried wastes from:

(i) residences;

(ii) commercial buildings;

(iii) industrial plants; and

(iv) institutions; and

(B) storm, surface, and ground waters are not intentionally allowed to enter.

(10) "Semipublic facilities" means a treatment works as defined by Section 212(2) (33 U.S.C. 1292(2)) of the CWA, 33 U.S.C. 1251, et seq., in effect on November 13, 1991, that is not a POTW, is not state or federally owned, or is not an industrial wastewater treatment plant as defined by 327 IAC 5. The term includes, but is not limited to, the following:

(A) Rural sewage disposal services provided by sewage disposal companies as defined by IC 8-1-2-89 (a)(2).

(B) Trailer or mobile home parks.

(C) Commercial or shopping centers.

(D) Housing developments.

(E) Truck stops.

(F) Restaurants.

(G) Schools.

(H) Campgrounds.

(11) "Sewer" means a pipe or conduit that carries wastewater or drainage water.

(12) "Source" means any:

(A) building;

(B) structure;

(C) facility; or

(D) installation;

from which there is or may be a discharge of domestic sewage or other wastewater into a semipublic facility or POTW.

(13) "Wastewater" means liquid or water-carried wastes from:

(A) industrial;

(B) municipal;

(C) agricultural; or

(D) other;

sources.

(14) "Water pollution treatment/control facility" means any equipment, device, unit, or structure that is used to control, prevent, pretreat, or treat any discharge or threatened discharge of pollutants into any waters of the state of Indiana, including surface and subsurface waters and public or private sewerage systems. The term includes, but is not limited to, the following:

(A) Treatment facilities.

(B) Combined sewers.

(C) Sanitary sewers.

(D) Lift (pumping) stations.

(15) "Waters of the state of Indiana" or "waters of the state" has the meaning set forth at IC 13-11-2-265.

327 IAC 4-1-2

Water Pollution Control Board; 327 IAC 4-1-2; filed Sep 24, 1987, 3:00 p.m.: 11 IR 611; filed Mar 2, 1994, 5:00 p.m.: 17 IR 1615; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; filed Jan 23, 2008, 1:39 p.m.: 20080220-IR-327060096FRA

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