(1) draws water from the Ohio River;

(2) discharges wastewater into the Ohio River; and

(3) demonstrates to the satisfaction of the department that the wastewater discharged by the community water system into the Ohio River does not increase the mass of mercury in the Ohio River by an amount greater than the mass of mercury in the water withdrawn by the community water system from the Ohio River.

     (b) If a community water system described in subsection (a) applies for a National Pollutant Discharge Elimination System (NPDES) permit or renewal:

(1) the discharge into the Ohio River of the community water system described in subsection (a) shall not be considered to cause, have a reasonable potential to cause, or contribute to an excursion above any applicable water quality standard governing mercury in the Ohio River that is established under rules adopted by the board; and

(2) no water quality-based effluent limitation for mercury shall be required in the permit or renewal.

As added by P.L.116-2023, SEC.2.