Sec. 2. (a) An owner or operator: (1) shall comply with the conditions of a permit as determined by the department; (2) may not raise as a defense to an enforcement action by the department that compliance with the conditions of the permit constitutes an economic hardship; (3) shall correct adverse environmental impact that results from noncompliance with a permit; and (4) shall provide proper operation and maintenance for facilities, systems of treatment, and control and related appurtenances that are installed or used by the owner or operator to comply with the permit conditions. (b) Proper operation and maintenance under subsection (a)(4) includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. Subsection (a)(4) requires the operation of backup or auxiliary facilities or similar systems only if necessary to comply with permit conditions. [Pre-1995 Recodification Citation: 13-8-5-2.]
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