(H) Except for those
facilities identified in subsections (i) and
(j),
treatment works treating domestic sewage or any other
sewagesludge or wastewater treatment device or system,
used in the storage,
treatment, recycling, and reclamation of municipal
or domestic sewage, including land dedicated to the disposal
of sewage
sludge that are located within the confines of the
facility,
with a design flow of one million (1,000,000) gallons
per day or more, or that are required to have an
approved pretreatment
program under 40 CFR 403***.
(i) Municipal treatment works are not subject to
this rule if the treatment works meet the following
conditions:
(1)
Treat domestic sewage or any other sewage sludge
or wastewater.
(2) Have a design flow equal to or greater than
one million (1,000,000) gallons per day.
(3) Are considered part of a municipality regulated
under 327 IAC 15-13.
(4) Are adequately covered under the requirements
of 327 IAC 15-13-17.
(j) Farmland, domestic
gardens, or
land used
for sludge management is not subject to this
rule if the following conditions are met:
(1)
Sludge is beneficially
reused.
(2) The land is not physically located within:
(A)
the confines of a municipal treatment works
facility; or
(B) areas that are in compliance with Section
405 of the Clean Water Act (33 U.S.C. 1345)****.
In addition to meeting the above applicability
requirements a facility would have to have a storm
water only discharge
of storm water that has been exposed to industrial activity
(i.e. sludge storage/handling areas, chemical storage/handling
areas, etc.)for the regulation to apply to their facility.
ISTEA Temporary Exemption for
Municipally Owned and Operated Industrial Sources In
1991, provisions within ISTEA temporarily exempted storm
water
discharges associated with industrial activities at facilities
operated by municipalities with populations of less than
100,000 (with the exception of power plants, airports,
and uncontrolled sanitary landfills) from the need to
obtain an NPDES industrial storm water permit. Under the
provisions
of the NPDES Storm Water Program Phase II Final Rule,
these industrial facilities do not require permit coverage
untilMarch
10, 2003.