Sec. 3. (a) The department shall prepare a list of impaired waters for the purpose of complying with federal regulations implementing Section 303(d) of the federal Clean Water Act (33 U.S.C. 1313(d)). In determining whether a water body is impaired, the department shall consider all existing and readily available water quality data and related information. The department, before submitting the list to the United States Environmental Protection Agency, shall: (1) post the list to the department's Internet web site; (2) publish in the Indiana Register a link to the list posted to the department's Internet web site; (3) make the list available for public comment for at least forty-five (45) days; and (4) provide information about the list to the board. (b) The board shall adopt a rule that: (1) establishes the methodology to be used in identifying waters as impaired; and (2) specifies the methodology and criteria for including and removing waters from the list of impaired waters. (c) In the establishment of the total maximum daily load for a surface water under Section 303(d)(1)(C) of the federal Clean Water Act (33 U.S.C. 1313(d)(1)(C)), the department shall, in identifying the surface water under Section 303(d)(1)(A) of the federal Clean Water Act (33 U.S.C. 1313(d)(1)(A)), make every reasonable effort to identify the pollutant or pollutants under consideration for the establishment of the total maximum daily load. (d) The department shall comply with subsection (e) if either of the following applies: (1) The department: (A) is unable, in identifying the surface water as described in subsection (c), to identify the pollutant or pollutants under consideration for the establishment of the total maximum daily load; and (B) determines, after identifying the surface water as described in subsection (c), that one (1) or more pollutants should be under consideration for establishment of the total maximum daily load. (2) The department: (A) in identifying the surface water as described in subsection (c), identifies the pollutant or pollutants under consideration for the establishment of the total maximum daily load; and (B) determines, after identifying the pollutant or pollutants as described in clause (A), that one (1) or more other pollutants should be under consideration for establishment of the total maximum daily load. (e) The department complies with subsection (d) if the department does the following before making a pollutant or pollutants the subject of consideration for the establishment of the total maximum daily load: (1) Determines and demonstrates that either or both of the following 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 an individual pollutant, multiple pollutants, pollution, or an unknown cause of impairment. (B) The surface water: (i) receives a thermal discharge from one (1) or more point sources; and (ii) does not have or maintain a balanced indigenous population of shellfish, fish, and wildlife. (2) Posts on the department's Internet web site the determination referred to in subdivision (1). (3) Makes the determination referred to in subdivision (1) available for public comment for at least forty-five (45) days. (4) Presents the determination referred to in subdivision (1) to the commissioner for final approval after the comment period under subdivision (3). IC 13-18-3 Chapter 3. Powers and Duties Concerning Water Pollution Control 13-18-3-1 Duties of board 13-18-3-1.5 Adopting of rules concerning the reclamation and reuse of treated wastewater 13-18-3-2 Adoption of rules to implement federal acts; designation of outstanding state resource waters; antidegradation review of certain applications; classification of all state waters 13-18-3-2.1 Deadline for department to complete antidegradation review in certain circumstances; extension 13-18-3-2.3 Designated use change to CSO wet weather category; long term control plans 13-18-3-2.4 Review of feasibility of implementing additional or new control alternatives to attain water quality standards 13-18-3-2.5 CSO wet weather limited use subcategory established; application after approval of long term control plan; other requirements; EPA approval; monitoring and review; rules 13-18-3-2.6 Permit schedules of compliance 13-18-3-3 Repealed 13-18-3-4 Orders; review by administrative law judge 13-18-3-5 Additional duties 13-18-3-6 Enforcement 13-18-3-7 Orders to acquire, construct, repair, alter, or extend plants 13-18-3-8 Sealing of mines and wells 13-18-3-9 Entry upon property; purposes 13-18-3-10 Assistance from other state departments, agencies, or institutions 13-18-3-11 Liberal construction 13-18-3-12 Adoption of rules waiving requirement of submission of plans 13-18-3-13 Violation of storm water runoff rules 13-18-3-14 Outstanding state resource water improvement fund; report 13-18-3-15 Terms and conditions of NPDES general permits
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