Sec. 9. (a) A variance from a water quality standard that is at least in part the basis of a National Pollutant Discharge Elimination System (NPDES) permit issued under this title must meet the conditions specified in:

(1) 40 C.F.R. § part 132, Appendix F, Procedure 2, in the case of waters within the Great Lakes system;

(2) 40 C.F.R. § 131.14; and

(3) rules adopted by the board.

     (b) A variance from a water quality standard issued for waters within the Great Lakes system must meet the requirements of:

(1) 40 C.F.R. § 131.14; and

(2) 40 CFR 132;

as applicable. If two (2) or more inconsistent requirements could apply under 40 C.F.R. § 131.14 and 40 C.F.R. § part 132 to a variance for waters within the Great Lakes system, the more stringent requirement applies to the variance.

     (c) With respect to a variance relating to an NPDES permit for a combined sewer overflow discharge, this subsection is satisfied if the NPDES permit holder has prepared a long term control plan and is implementing the nine (9) minimum controls pursuant to:

(1) 33 U.S.C. § 1342(q); and

(2) 59 FR 18688.

     (d) A variance may be granted under this section for a period as follows:

(1) For waters within the Great Lakes system, not more than five (5) years.

(2) For waters outside the Great Lakes system, any period that does not exceed a term authorized under 40 C.F.R. § 131.14.

However, a variance issued under this section for a period of more than five (5) years must be reevaluated in accordance with the requirements of 40 C.F.R. § 131.14.

     (e) Except as provided in subsection (d), if an NPDES permit remains in effect beyond its stated term under IC 13-15-3-6, a variance issued under this section remains in effect for as long as the NPDES permit requirements affected by the variance are in effect.

     (f) An application for a variance relating to an NPDES permit may be submitted under this section at any time before or after the issuance, renewal, or modification of the NPDES permit.

[Pre-1996 Recodification Citation: 13-7-7-6(b), (c) part, (f).]

As added by P.L.1-1996, SEC.4. Amended by P.L.231-2003, SEC.2; P.L.54-2005, SEC.1; P.L.147-2015, SEC.3; P.L.126-2020, SEC.2.