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LSA Document #07-553


The Indiana Department of Environmental Management (IDEM) is soliciting public comment on the readoption of rules in Title 327 of the Indiana Administrative Code pursuant to IC 13-14-9.5. IDEM is also noticing supplemental notices to identify rules that may generate specialized interest and, therefore, warrant separate notices. The other rules IDEM is noticing for readoption are listed in LSA Document #07-554 and LSA Document #07-555.

The foregoing rules are identified by name as follows:

327 IAC 1-1  Provisions Applicable Throughout Title 327 
327 IAC 2-2  Cyanides and Cyanogen Compounds; Drainage into Sewer Systems or Watercourses Prohibited; Exception 
327 IAC 2-3  Coal Mines; Restrictions on Acid Drainage and Refuse Deposits into State Waters 
327 IAC 2-5  Phosphates; Permits for Use by Manufacturers and Processors; Detergents 
327 IAC 2-6.1  Spills; Reporting, Containment, and Response 
327 IAC 2-10  Secondary Containment of Aboveground Storage Tanks Containing Hazardous Materials 
327 IAC 3-1  General Provisions 
327 IAC 3-3  Approval of Completed Construction 
327 IAC 3-4  Operational Permits; Facilities not Covered by Other Permit Programs 
327 IAC 3-5  Miscellaneous Administrative Provisions 
327 IAC 4-1  General 
327 IAC 5-1  NPDES and Pretreatment Programs; General Provisions 
327 IAC 5-1.5  Definitions 
327 IAC 5-3  Procedures for the Issuance of NPDES Permits 
327 IAC 5-5  NPDES Criteria and Standards for Technology-Based Treatment Requirements 
327 IAC 5-6  Criteria and Standards for Determining Fundamentally Different Factors 
327 IAC 5-7  Alternative Thermal Effluent Limitations; Determination 
327 IAC 5-9  Best Management Practices; Establishment 
327 IAC 5-10  Additional Treatment Requirements 
327 IAC 6.1-1  General Provisions 
327 IAC 6.1-2  Definitions 
327 IAC 6.1-3  Land Application; General Requirements 
327 IAC 6.1-4  Land Application of Biosolid and Industrial Waste Product 
327 IAC 6.1-5  Marketing and Distribution Permit 
327 IAC 6.1-6  Notifications 
327 IAC 6.1-7  Land Application of Pollutant-Bearing Water 
327 IAC 8-3  Public Water Supply Construction Permits 
327 IAC 8-3.2  Technical Standards for Water Mains 
327 IAC 8-3.3  Public Water System Quantity Requirement Standards 
327 IAC 8-3.4  Public Water System Wells 
327 IAC 8-3.5  General Construction Permit for Water Mains 
327 IAC 8-3.6  Demonstration of New Public Water Supply System Capacity 
327 IAC 8-4.1  Wellhead Protection 
327 IAC 8-5  Construction of Public Water Supply Systems Under Order of the DEM 
327 IAC 8-10  Cross Connections; Control; Operation 
327 IAC 15-1  General Provisions 
327 IAC 15-3  NOI Letter Requirements 
327 IAC 15-5  Storm Water Run-Off Associated with Construction Activity 
327 IAC 15-6  Storm Water Discharges Exposed to Industrial Activity 
327 IAC 15-7  Facilities Engaged in Mining of Coal, Coal Processing, and Reclamation Activities 
327 IAC 15-8  Facilities Discharging Noncontact Cooling Water 
327 IAC 15-9  Wastewater Discharge Associated with Petroleum Products Terminals 
327 IAC 15-10  Wastewater Discharge Associated with Ground Water Petroleum Remediation Systems 
327 IAC 15-11  Wastewater Discharge Associated with Hydrostatic Testing of Commercial Pipelines 
327 IAC 15-12  Facilities Engaged in Sand, Gravel, Dimension Stone, or Crushed Stone Operations 

AUTHORITY: IC 13-14-9.5.

This rulemaking is required pursuant to IC 13-14-9.5, which provides for the expiration and readoption of administrative rules. A rule that was adopted under a provision of IC 13 and was in force on December 31, 1995, expires not later than January 1, 2002. All rules adopted after that date under IC 13-14-9, expire on January 1 of the seventh year after the year in which each rule takes effect. The rules listed to be readopted have an expiration date of January 1, 2008. IDEM has chosen to readopt all affected rules at one time rather than readopt each rule separately as its expiration date approaches.
Under IC 13-14-9.5-4, the department or board that has rulemaking authority under Title 13 may readopt all rules subject to expiration under one (1) rule that lists all rules that are readopted by their titles and subtitles only. If no comments are received during this first comment period, IDEM may submit the rule for filing with the publisher under IC 4-22-2-35 and publish notice in the Indiana Register that the agency has readopted the rule.

IC 13-14-9.5-4 requires that the following procedure be followed to readopt rules:
(1) A notice listing all rules to be readopted by their titles and subtitles shall be submitted to Legislative Services Agency for publication in the Indiana Register.
(2) If a person submits a written request and a basis for the request during the first comment period that a particular rule be readopted separately from the readoption rule that readopts all rules in one rulemaking, the agency must:
(A) readopt that rule separately from the readoption rule; and
(B) follow the procedure for adoption of administrative rules under IC 13-14-9 with respect to that rule.
(3) If no written request is provided within the first comment period, the agency may submit the rule for filing with the publisher under IC 4-22-2-35 and publish notice in the Indiana Register that the agency has readopted the rule.

IDEM requests that any written comments requesting that a rule be readopted separately from this readoption rule include a basis for the request. IDEM also solicits comment on rules exempt from readoption and rules to expire. Mailed comments should be addressed to:
LSA Document #07-553 [2007 Readoption]
MaryAnn Stevens
MC 65-40
Rules Section
Office of Water Quality
Indiana Department of Environmental Management
Indianapolis, Indiana 46204-2251
Hand delivered comments will be accepted by the IDEM receptionist on duty at the twelfth floor reception desk, Office of Water Quality, Indiana Government Center-North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana. Comments also may be submitted by facsimile to (317) 232-8406, Monday through Friday, between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Office of Water Quality, Rules Section at (317) 233-8903. Please note it is not necessary to follow a faxed comment letter with another sent through the postal system.

Comments must be postmarked, hand delivered, or faxed by October 19, 2007.
Additional information regarding this rulemaking action may be obtained from MaryAnn Stevens, Rules Section, Office of Water Quality, (317) 232-8635 or (800) 451-6027 (in Indiana).

Bruno Pigott
Assistant Commissioner
Office of Water Quality

Posted: 09/19/2007 by Legislative Services Agency

DIN: 20070919-IR-327070553BNA
Composed: Mar 25,2023 1:08:24PM EDT
A PDF version of this document.