13-11-2-50.5. "Degradation"

IN Code § 13-11-2-50.5 (2019) (N/A)

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Sec. 50.5. "Degradation", for purposes of IC 13-18-3, means, with respect to a National Pollutant Discharge Elimination System permit, the following:

(1) With respect to an outstanding national resource water, any new or increased discharge of a pollutant or a pollutant parameter, except for a short term, temporary increase.

(2) With respect to an outstanding state resource water, any new or increased discharge of a pollutant or pollutant parameter that results in a significant lowering of water quality for that pollutant or pollutant parameter, unless:

(A) the activity causing the increased discharge:

(i) results in an overall improvement in water quality in the outstanding state resource water; and

(ii) meets the applicable requirements of rules adopted by the board under IC 13-18-3-2; or

(B) the person proposing the increased discharge undertakes or funds a water quality improvement project in accordance with IC 13-18-3-2(k) in the watershed of the outstanding state resource water that:

(i) results in an overall improvement in water quality in the outstanding state resource water; and

(ii) meets the applicable requirements of rules adopted by the board under IC 13-18-3-2.

As added by P.L.140-2000, SEC.6. Amended by P.L.1-2001, SEC.11; P.L.78-2009, SEC.1; P.L.112-2016, SEC.3.

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