Section 327 IAC 5-16-4 - EnforcementAuthority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-14-10; IC 13-18-4; IC 13-30-3; IC 13-30-4
Sec. 4.
(a) A violation of the pretreatment rules may:(1) subject a person causing or contributing to the violation to administrative or judicial enforcement proceedings, under IC 13-30-3, and the penalties provided under IC 13-30-4;(2) be cause for: (B) revocation and reissuance; or(C) termination; of an industrial waste pretreatment permit or an NPDES permit; and
(3) warrant the invocation of emergency procedures under IC 13-14-10.(b) The initiation of any action in response to a violation of the pretreatment rules does not preclude initiation of any other response.(c) As used in this section, a violation of the pretreatment rules includes the following: (1) The indirect discharge of pollutants in contravention of an applicable pretreatment standard or other applicable discharge limitation.(2) The indirect discharge of pollutants without a permit from a significant industrial discharger as determined by the control authority.(3) A violation of discharge limitations or other terms and conditions of the permit where an IWP permit is required under the pretreatment rules.(4) Failure to comply with any other applicable pretreatment requirement.(5) Failure of a POTW subject to 327 IAC 5-19 to develop a POTW pretreatment program or implement and enforce an approved POTW pretreatment program in compliance with the terms and conditions of its NPDES permit.(6) Failure to: (A) allow entry, inspection, and monitoring by representatives of the commissioner when requested in accordance with applicable law; or(B) carry out monitoring, recording, and reporting required under this article.(d) With respect to an industrial user of a POTW with an approved POTW pretreatment program, initiation of enforcement proceedings by the POTW against the industrial user shall not preclude the commissioner from independently taking appropriate enforcement measures against the industrial user for a violation of the pretreatment rules.Water Pollution Control Board; 327 IAC 5-16-4; filed Oct 10, 2000, 3:02 p.m.: 24 IR 290