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National Pollutant Discharge Eliminations System (NPDES) Permit Application Package Form 2D Form. This is a Indiana form and can be use in Department Of Enviromental Management Statewide.
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT APPLICATION PACKAGE FORM 2D State Form 51957 (10-04) INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT APPLICATION FOR PERMIT TO DISCHARGE WASTEWATER NEW SOURCE AND NEW DISCHARGE APPLICATION FOR PERMIT TO DISCHARGE PROCESS WASTEWATER Applicability Page 2 Application Requirements Page 2 Water Treatment Additives Information Page 3 Identification of Potentially Affected Persons (AOPA) Page 3 Fee Information for NPDES Permit Applications Page 3 Application for Approval to use Water Treatment Additives Page 5 Identification of Potentially Affected Persons Form (AOPA) Page 9 Request For Information Form Page 11 Owner/Operator Affidavit to Determine the Appropriate NPDES Permittee(s) Page 12 General Information Form Instructions Page 13 General Information Form Page 15 Glossary Page 18 Industrial NPDES 2C Permit Application Review Checklist Page 28 Instructions Form 2C Page 29 Table 2D-1 (Codes for Treatment Units) Page 36 Table 2D-2 (Pollutant Listing) Page 37 Table 2D-3 (Toxic Pollutants and Hazardous Substances Required To Be Identified) Page 40 Table 2D-4 (Hazardous Substances) Page 41 Figure 2D-1 (Line Drawing) Page 43 Application Form 2D Page 44 American LegalNet, Inc. www.FormsWorkflow.com NPDES PERMIT APPLICATION FORM 2D NEW SOURCE AND NEW DISCHARGE APPLICATION FOR PERMIT TO DISCHARGE PROCESS WASTWATER SUPPLEMENTAL APPLICATION INSTRUCTIONS In order to avoid unnecessary effort, please read all instructions carefully before completing the applications. In addition, you may disregard all reference to the EPA ID number when completing these forms unless an ID number has already been obtained from EPA. APPLICABILITY Form 2D is to completed for proposed new sources or new dischargers of process wastewater. Additionally, a General Information Form must be completed and submitted with Form 2D. Other forms are available for existing facilities of process wastewater (Form 2C) and for proposed new and existing facilities which do not discharge process wastewater (Form 2E). Public Water Supplies with a direct discharge of filter backwash or lime softener wastewater should complete and submit a Public Water Supply Permit Application Package. These application forms may be obtained by calling 317/233-0864. In addition to the above, an "Application for Permit to Discharge Storm Water Associated With Industrial Activity" (Form 2F) may need to be submitted. The facilities covered by this requirement are included in the Federal Regulation 40 CFR 122.26(b)(14). Form 2F must be submitted if the industry is included in the definition and there are point source discharges which are composed entirely of storm water and/or if storm water is combined with either process or non-process wastewater. For further information and to request the 2F form, call 317/233-6725 and ask for the Storm Water Desk. APPLICATION REQUIREMENTS For the purpose of completing this application, this Agency shall consider the following waters to be non-process wastewaters: (1) sanitary wastewater (including restaurant or cafeteria wastes); (2) once through non-contact cooling waters; (3) cooling tower blowdown (except from those industries for which cooling tower blowdown is considered a process wastewater, i.e. steam electric power plants); (4) water from stone, sand, and gravel quarries; and (5) water used solely for intake screen backwash. If the above wastewaters are the sole contributors to a discharge, please complete Form 2E; otherwise complete Form 2D. Special care should be taken by all industries when determining whether a pollutant may be present in a discharge. All water additives used at your facility should be examined with respect to their active ingredients. Specifically, this Agency requests that the information listed on the Application for Approval to Use Water Treatment Additives concerning the usage of any water conditioning or biofouling control agents be submitted as a supplement to your application. If no additives are used, please make a statement to that effect in your transmittal letter. 2 American LegalNet, Inc. www.FormsWorkflow.com A flow diagram must be included in accordance with Form 2D Instructions, Item III-B. In addition, a separate narrative description of your manufacturing or materials processing operation should be included to aid the permit writer in preparing the permit. The manufacturing description may be included as a part of Item 13 of the General Information Form. If EPA effluent limitation guidelines are based on production, it is most important to give the production figures asked for in Item IV of Form 2D. Also include when applicable, the particular EPA effluent limitation guidelines subcategory or subcategories in which the manufacturing operation lies, and the production figures for each subcategory. Except for the Petroleum Refining Category, the production figures are to be representative of actual production rather than a design rate or capacity. WATER TREATMENT ADDITIVES INFORMATION The enclosed form “Application for Approval to use Water Treatment Additives” State Form 50000. Dischargers utilizing water treatment additives in their treatment systems must include the requested information in the Application for Approval to use Water Treatment Additives. This information must also be provided any time that water treatment additives are changed during the term of the NPDES permit. Approval from the IDEM is required prior to the use of any water treatment additive. IDENTIFICATION OF POTENTIALLY AFFECTED PERSONS Please see the enclosed form, "Identification of Potentially Affected Persons". Include with the completed application the attached form to fully identify all persons, by name and mailing address, who may be affected by the issuance of this permit (i.e. the discharge from the facility). These parties may include but not necessarily be limited to adjoining landowners, persons with a proprietary interest, or the first downstream non-adjacent property owner. Also, include the name of any fish and wildlife or conservation groups, downstream marinas, etc., which may be potentially affected, and/or persons who may have expressed concern regarding the discharge. Failure to fully identify a potentially affected person may result in any issued permit being challenged and rendered null and void. UPDATED FEE INFORMATION FOR NPDES PERMIT APPLICATIONS The following revised fees were established, pursuant to IC 13-18-20-12, effective March 18, 1994 to defray the costs of processing the permit applications for the NPDES permit program from all NPDES permit applicants: (1) When an application is filed with the Indiana Department of Environmental Management (IDEM), concerning a NPDES Permit action a fifty dollar ($50) application fee must be remitted. A permit action includes an application for an initial permit, the renewal of a permit, the modification of a permit, or a variance of a permit or permit limitation. If the application fee is not remitted the IDEM shall deny the permit application. (2) The permittee will remit the fee at the time the application, or a request for modification is filed with the IDEM. No fee will be assessed for permit modifications initiated by the IDEM. 3 American LegalNet, Inc. www.FormsWorkflow.com (3) For construction activity subject to 327 IAC 15-5, a fee of one hundred dollars ($100) shall be submitted with a Notice of Intent (NOI) letter. (4) The fees specified above will be payable to the Indiana Department of Environmental Management. Any fee submitted will not be refundable once substantive processing of the permit application has commenced. Additionally the issuance of (or existence of) a NPDES Permit will require the permittee to pay an annual fee for which billing will be made by the IDEM, all in accordance with Senate Enrolled Act 417, which was signed into law on March 18, 1994. This new schedule supersedes the fee schedule established in 327 IAC 5, 6, and 8. If there are any questions pertaining to the annual fee schedule contained in the regulation, they should be directed to the Program Management Section at 317/233-0569. Please send the completed forms and appropriate fee together with a cover letter to: Indiana Department of Environmental Management Office of Water Quality, NPDES Permits Section 100 North Senate Avenue Indianapolis, Indiana 46204 4 American LegalNet, Inc. www.FormsWorkflow.com APPLICATION FOR APPROVAL TO USE WATER TREATMENT ADDITIVES State Form 50000 (R2 / 10-04) INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT NOTE: This form must be submitted to the IDEM, Office of Water Quality, Industrial NPDES Permits Section when applying for a new or renewal NPDES permit or permit modification. Indiana Dept. of Environmental Management Office of Water Quality - Permits Section 100 N. Senate Avenue Indianapolis, IN 46204 Phone: (317) 234-0864 or 1-800-451-6027 (Indiana Residents Only) http://www.state.in.us/idem/owm/appforms.html The information required by this form must be submitted for each additive submitted for review. INTRODUCTION All dischargers are required to disclose information on the water treatment additives in use and to demonstrate that such additives will not be harmful to aquatic life. To assure that all discharges from treatment systems using water treatment chemicals meet Indiana Water Quality Standards, when applying for a new or renewal NPDES permit or permit modification. During the preparation of the NPDES permit or modification, this information may be used to establish permit limitations which comply with all Indiana Water Quality Standards. Additionally, if a permittee changes water treatment additives during the term of their NPDES permit, the following information must be submitted to the Industrial NPDES Permits Section, and approval of the change must be received prior to use of the new product(s). The information required by this form must be submitted for each additive submitted for review. Some of this information may come from the Material Safety Data Sheet (MSDS) for the additive and should be included with this application. It should also be noted that biomonitoring of the effluent for the affected outfall(s) may be required. Please provide the following information for each additive. The following information must be submitted to the IDEM, Office of Water Quality, Industrial NPDES Permits Section PART A: GENERAL INFORMATION 1. Name of authorized official (first, last): 2. Name of facility: 3. Mailing address: City: State: ZIP Code: CONTACT PERSON 4. Name of primary contact person (first, last): 5. Phone number: 6. E-mail address (optional): FACILITY 7. Facility address: City: 8. State: Phone number: ZIP Code: 9. County: E-mail address (optional): 10. NPDES Permit Number(if facility has an existing permit): 5 American LegalNet, Inc. www.FormsWorkflow.com Indiana Department of Environmental Management Office of Water Quality NPDES -Application for Approval to Use Water Treatment Additives State Form 50000 (R2 / 10-04) PART B: ADDITIVE DETAILS 11. Name of water treatment additive New Previously Approved 12. Chemical composition of the water treatment additive1 : 13. What is the feed or dosage rate in grams/24 hr. period. (This may be provided in fluid ounces): 14. If more than one Outfall is covered by this permit, which Outfall does the use of this water treatment additive affect? A separate form is required per additive for each affected outfall: 15. Name any ingredient(s) that may be present and may cause toxicity at the proposed Outfall. If known, provide the discharge concentration of the ingredients (mg/I): 16. Provide the location where the additive is put into use 2 : 17. Provide the duration of use for the additive (hours per day and days per year): hours/day days/year PART C: ADDITIVE CONCENTRATION 18. Concentration (mg/l) of the water treatment additive used in the treatment system: 19. The concentration (mg/l) of the water treatment additive used in the final discharge (if known): 20. Discharge concentration of the water treatment additive (mg/l): 21. Please explain how the final discharge concentration stated for item # 20 was arrived at 2 : 22. Provide a description and method used to control the use of the water treatment additive. What are the procedures on how to maintain this concentration within the system ?: 1 2 Proprietary information may be submitted separately by the manufacturer or distributor and will be kept confidential. If necessary, this information may be provided on supplementary attachments. 6 American LegalNet, Inc. www.FormsWorkflow.com Indiana Department of Environmental Management Office of Water Quality NPDES — Application for Approval to Use Water Treatment Additives State Form 50000 (R2 / 10-04) PART D: SYSTEM & DISCHARGE DETAILS 23. Provide the hardness of the discharge water: 24. The temperature of the treatment system using the water treatment additive (specify ºF or ºC): O OC F 25. The Blowdown Rate (MGD) from the treatment system using the water treatment additive: 26. The average flow (MGD) of all waste streams being discharged through the affected Outfall: 27. The pH of the treatment system using the water treatment additive: PART E: CHEMICAL PROPERTIES/TOXICITY DATA For determining safe concentrations of the water treatment additives, the following information should also be submitted or addressed. Submit the supporting documentation (i.e., Material Safety Data Sheets) as attachments to this application. 28. Toxicity (LC50) of the additive3 : 29. Test species 4 : 30. Please explain, or provide attachments to explain, the relation of toxicity to pH: 31. Please explain, or provide attachments to explain the relationship of toxicity to water hardness: 3 As determined by 96-hour flow through bioassays for fish (preferably fathead minnow (Pimephales promelas) or bluegill (Lepomis macrochirus) for warmwater species or rainbow trout (Salmo gairdneri) for coldwater species) and a 48-hour static renewal for invertebrates (preferably of the genera Daphnia or Ceriodaphnia). Testing procedures to determine LC50 values should follow U.S. EPA Guidelines. Static bioassays are acceptable only if the treatment chemical is persistent. The test temperature should be maintained at 20º Celsius (68º Fahrenheit) for coldwater species and at 30º Celsius (86º Fahrenheit) for warmwater species (higher test temperatures are chosen in order to simulate worst case conditions. Lower test temperatures may be used only if the thermal tolerance of the chosen representative aquatic species is below the recommended test temperatures). 4 The test species selected should be characteristic of the more sensitive representative aquatic species in the receiving stream. 7 American LegalNet, Inc. www.FormsWorkflow.com Indiana Department of Environmental Management Office of Water Quality NPDES — Application for Approval to Use Water Treatment Additives State Form 50000 (R2 / 10-04) PART E: CHEMICAL PROPERTIES Product persistence in the environment and N Octanol-Water Partition Coefficient and Bioconcentration Factor (BCF) (if available). 32. Provide the decay rate of the product, if known. This should be stated at a pH level within ½ pH standard unit within the handling system 5. (Please provide copies of the sources of this data as attachments to this application.): 33. Provide any additional information or attach any additional documentation to help in evaluating the use of this water treatment additive: This information will be reviewed and permission to use the water treatment additive may be granted either by letter, permit limitations, or permit modification, if the discharger has supplied the requested product information and toxicity data that will enable IDEM to establish permissible concentrations in each individual case. If the initial information is not sufficient to allow for the establishment of a safe concentration, additional information will be requested. Proprietary information regarding the chemical composition of any water treatment additive will be kept confidential in accordance with the terms of 327 IAC 12.1. Claims of confidentiality must be made at the time of submittal; the information must be properly marked, segregated and secured at the time of submittal; and the person or company requesting confidentiality must provide justification as to why the information meets the criteria for it to be maintained as a trade secret, privileged information or confidential in accordance with 327 IAC 12.1 This application should include the following and must be signed by a person in responsible charge to be valid. This signature attests to the following: “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” (Printed Name) (Signature) 5 (Title) (Date Signed (mm/dd/yyyy)) The half life is the time required for the initial product to degrade to half of its original concentration. 8 American LegalNet, Inc. www.FormsWorkflow.com tINDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT IDENTIFICATION OF POTENTIALLY AFFECTED PERSONS The Administrative Orders and Procedures Act (AOPA) IC 4-21.5, requires that the Department of Environmental Management (IDEM) give notice of its decision on your application to the following persons: (a) each person to whom the decision is specifically directed; (b) each person to whom a law requires notice be given; (c) each competitor who has applied to the IDEM for a mutually exclusive license, if issuance is the subject of the decision and the competitor's application has not been denied in an order for which all rights to judicial review have been waived or exhausted; (d) each person who has provided the IDEM with a written request for notification of the decision; (e) each person who has a substantial and direct proprietary interest in the issuance the (permit) (variance); (f) each person whose absence as a party in the proceeding concerning the (permit) (variance) decision would deny another party complete relief in the proceeding or who claims an interest related to the issuance of the (permit) (variance) and is so situated that the disposition of the matter, in the person's absence may: (1) as a practical matter impair or impede the person's ability to protect that interest, or (2) leave any other person who is a party to a proceeding concerning the permit subject to a substantial risk of incurring multiple or otherwise inconsistent obligations by reason of the person's claim interest. IC 1-21.5-3-5(f) provided that we may request your assistance in identifying these people. Our failure to properly identify and notify these people of the decision could have the result of voiding any decision which is made. Additionally, IC 13-15-3-1 requires IDEM to send notice that the permit application has been received by the department to the following: (a) the board of county commissioners of a county affected by the permit application and (b) the mayor of a city that is affected by the permit application, or (c) the president of a town council of a town affected by the permit application. Please provide on the attached form the names of those persons affected by these statutes, and include mailing labels with your application. These mailing labels should have the names and addresses of the affected parties along with our mailing code (65-42PS) listed above each affected party listing. Example: 65-42PS Jon Doe 111 Circle Drive City, State, ZIP Code 9 American LegalNet, Inc. www.FormsWorkflow.com INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT IDENTIFICATION OF POTENTIALLY AFFECTED PERSONS Please list here any and all persons whom you have reason to believe have a substantial or proprietary interest in this matter, or could otherwise be considered to be potentially affected under the law. Failure to notify any person who is later determined to be potentially affected could result in voiding our decision on procedural grounds. To ensure conformance with AOPA and to avoid reversal of a decision, please list all such parties. The letter attached to this form will further explain the requirements under the AOPA. Attach additional names and addresses on a separate sheet of paper, as needed. Please indicate below the type of action you are requesting. Name Street City State ZIP Name Street City State ZIP Name Street City State ZIP Name Street City State ZIP Name Street City State ZIP Name Street City State ZIP Name Street City State ZIP Name Street City State ZIP Please complete this form by signing the following statement: I Certify that to the best of my knowledge I have listed all potentially affected parties, as defined by IC 4-21.5. Date Signature (mm/dd/yyyy) Printed Name Facility Name Address Type of Action: (check one) NPDES Permit-327 IAC 5 Land Application Permit-327 IAC 6 Confined Feeding Approval-IC 13-18-10 Return To: INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Office of Water Quality, NPDES Permits Section 100 North Senate Avenue Indianapolis, IN 46204 Sewer Ban Waiver Request-327 IAC 4 Operator Certification-327 IAC 4 Pretreatment Permit-327 IAC 5 Construction Permit-327 IAC 3 10 American LegalNet, Inc. www.FormsWorkflow.com INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT REQUEST FOR INFORMATION We request that you fill in the blanks on this form and return it along with your NPDES PERMIT application. The information provided will be helpful in our personal contact with officials of your municipality, industry or other facility in assuring prompt delivery of correspondence, etc. Thank you for your cooperation. I. Current NPDES Permit No. (New applicants will be assigned a number later) II. WASTEWATER TREATMENT FACILITY LOCATION ADDRESS Facility Name: Address: City: Telephone: III. State: ZIP: DISCHARGE MONITORING REPORT (DMR) MAILING ADDRESS (ADDRESS WHERE IDEM IS TO SEND PRE-PRINTED DMRS) Name: Title: Address: City: State: ZIP: Telephone: Cognizant Official (Representative responsible for completing DMR): Title: IV. OWNER ADDRESS Owner Name: Address: City: Telephone: V. Title: State: ZIP: WASTEWATER TREATMENT PLANT OPERATOR/SUPERINTENDENT ADDRESS Operator Name: Address: City: Telephone: Work: Certificate No. State: ZIP: Home: 11 American LegalNet, Inc. www.FormsWorkflow.com INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT OWNER/OPERATOR AFFIDAVIT TO DETERMINE THE APPROPRIATE NPDES PERMITTEE(S) 327 IAC 5-2-3(c) requires the operator to apply for and obtain the NPDES permit for the NPDES discharge, unless the operator is an employee of the owner of the facility (in which case it is the owner’s responsibility to apply for and obtain the NPDES permit). This is consistent with the federal regulations at 40 CFR 122.21(b). Additionally, pursuant to 327 IAC 5-2-6(c), the permittee is required to notify IDEM if there is a change in either the ownership or the operation of the wastewater treatment plant. When an NPDES permittee contracts with a private firm to operate its wastewater treatment plant, and the contractual agreement is one in which the private entity is not an employee of the owner, the permit should be issued to the private firm. Some contractual arrangements may have been made without knowledge of this rule requirement, and the contract may not have been adequately set up to reflect the private firm as the sole permittee. Or the private contractor may not want to be the sole permittee. Therefore, in such instances EPA has suggested that the permit be issued to both the owner and to the private contractor, as co-permittees. In order to help us to determine who should be listed on the NPDES permit as the permittee(s), please complete the following information: 1. Facility Name: 2. NPDES Permit No. 3. Owner’s Name: (individual or legal business name) Owner’s Mailing Address: 4. Operator’s Name: (individual or legal business name) Operator’s Mailing Address: 5. Is the operator an employee of the owner? 6. If the answer to #5 is “No”, is the operator willing to be the sole permittee? YES 7. NO YES NO N/A If the answer to #6 is “No”, the NPDES permit will be issued to both the owner and operator as co-permittees. “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (Operator’s signature) (Owner’s signature) Please complete this form and return it to IDEM, Office of Water Quality, Municipal NPDES Permits Section, 100 North Senate Avenue, Indianapolis, IN 46204. 12 American LegalNet, Inc. www.FormsWorkflow.com INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT INSTRUCTIONS FOR THE GENERAL INFORMATION FORM (Replaces EPA General Form 1 Instructions) Item 1-Facility Name: Provide the facility's official or legal name as it is to appear on the permit. Item 2-Facility Contact: Give the name, title, and work telephone number of a person who is thoroughly familiar with the operation of the facility and with the facts reported in this application and who can be contacted by the Indiana Department of Environmental Management. Item 3-Certified Operator: Give the name, Address, and Certification information, for the operator of the facility being permitted. Information concerning operator certification should be directed to this office at 317/233-0419. Item 4-Facility Mailing Address: Give the complete mailing address of the office where correspondence should be sent. This often is not the address used to designate the location of the facility or activity. Item 5-Facility Location: Give the address or location of the facility identified in Item 1 of this form. If the facility lacks a street name or route number, give the most accurate alternative geographic information (i.e., section number or quarter section number from county records or at an intersection of Streets or County Roads.) Item 6-Type of Permit Action: Specify the type of application. If the facility has never had an NPDES permit mark new. If it is to renew or modify the existing permit mark accordingly. Item 7-EPA I.D. Number: Give the EPA I.D. number if one has been obtained from the EPA. If an I.D. number has not been obtained from EPA, you may disregard this section. Items 8, 9 and 10-Applicable Permit Applications: Answer each question to determine which form you need to fill out. If you answer yes to any of thesequestions, you must fill out and submit the appropriate form. Item 11-SIC Code(s): List, in descending order of significance, the four 4-digit standard industrial classification (SIC) codes which best describe your facility in terms of the principal products or services you produce or provide. Also, specify each classification in words. These classifications may differ from the SIC codes describing the operation generating the discharge, air emissions, or hazardous wastes. SIC code numbers are descriptions which may be found in the "Standard Industrial Classification Manual" prepared by the Executive Office of the President, Office of Management and Budget, which is available from the Government Printing Office, Washington, D.C. Use the current edition of the manual. 13 American LegalNet, Inc. www.FormsWorkflow.com Item 12-Existing Environmental Permits: Give the number of each presently effective permit issued to the facility for each program or, if you have previously filed an application but have not yet received a permit, give the number of the application, if any. Item 13-Nature of Business: Briefly describe the nature of your business (e.g., products produced or services provided). Item 14-Map: Provide a topographic map or maps as explained in the application. Item 15-Signature Block: The General Information Form must be signed by a person legally responsible for the facility. 14 American LegalNet, Inc. www.FormsWorkflow.com NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL INFORMATION FORM (TO BE SUBMITTED WITH FORMS 2C, 2D AND 2E) (Replaces EPA General Form 1) 1. Name of Facility: 2. Facility Contact Name: Adress: State: City or Town: Telephone: Work: ZIP Home: 3. Certified Operator Name: Certification #: Classification: Address: City or Town: State: ZIP State: ZIP Home: Telephone: Work: 4. Facility Mailing Address: Street or P.O. Box City or Town: 5. Facility Location: Street, Route No. or Other Specific Identifier: 6. Type of Permit Action: New Renewal Modification 7. EPA I.D. Number: 15 American LegalNet, Inc. www.FormsWorkflow.com 8. Does or will this facility (either existing or proposed) include a concentrated animal feeding operation or aquatic animal production facility which results in a discharge to waters of the state? (Form 2B) Yes 9. No Form Attached Is this a facility which currently results in discharges to waters of the state other than described in 8? (Form 2C-Process Wastewater or Form 2E-Nonprocess Wastewater) Yes No Form Attached 10. Is this a proposed facility (other than described in 8) which will result in a discharge to waters of the state? (Form 2D) Yes No Form Attached 11. SIC Codes (4-digit, in order of priority) First: Specify: Second: Specify: Third: Specify: Fourth: Specify: 12. Existing Environmental Permits (Identification #) NPDES (Discharges to Surface Waters): UIC (Underground Injection of Fluids): RCRA (Hazardous Wastes): PSD (Air Emissions from Proposed Sources): Other: Specify: Other: Specify: 13. Nature of Business (Provide a Brief Description) 14. Map Attach to this application a topographic map of the area extending to at least one mile beyond property boundaries. The map must show the outline of the facility, the location of each of its existing and proposed intake and discharge structures, each of its hazardous waste treatment, storage, or disposal facilities, and each well where it injects fluid underground. Include all springs, rivers and other surface water bodies in the map area. 16 American LegalNet, Inc. www.FormsWorkflow.com 15. Signature Block: This application must be signed by a person in responsible charge to be valid. This signature attests to the following: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations". (Printed Name) (Title) (Signature) (Date Signed) Return Completed Application and Associated Materials to: Indiana Department of Environmental Management Office of Water Quality, NPDES Permits Section 100 North Senate Avenue Indianapolis, Indiana 46204 17 American LegalNet, Inc. www.FormsWorkflow.com GLOSSARY NOTE: This Glossary includes terms used in the instructions and in Forms 2B, 2C, 2D and 2E. Additional terms will be included in the future when other forms are developed to reflect the requirements of other parts of the Consolidated Permits Program. ALIQUOT means a sample of specified volume used to make up a total composite sample. ANIMAL FEEDING OPERATION means a lot or facility (other than an aquatic animal production facility) where the following conditions are met: A. Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period; and B. Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes. ANIMAL UNIT means a unit of measurement for any animal feeding operation calculated by adding the following numbers: The number of slaughter and feeder cattle multiplied by 1.0; Plus the number of mature dairy cattle multiplied by 1.4; Plus the number of swine weighing over 25 kilograms (approximately 55 pounds) multiplied by 0.4; Plus the number of sheep multiplied by 0.1; Plus the number of horses multiplied by 2.0. APPLICATION means the EPA standard national forms for applying for a permit, including any additions, revisions, or modifications to the forms; or forms approved by EPA for use in approved States, including any approved modifications or revisions. For RCRA, "application" also means "Application, Part B." APPLICATION, PART A means that part of the Consolidated Permit Application forms which a RCRA permit applicant must complete to qualify for interim status under Section 3005(e) of RCRA and for consideration for a permit. Part A consists of Form 1 (General Information) and Form 3 (Hazardous Waste Application Form). APPLICATION, PART B means that part of the application which a RCRA permit applicant must complete to be issued a permit. (NOTE: EPA is not developing a specific form for Part B of the permit application, but an instruction booklet explaining what information must be supplied is available from the EPA Regional office.) APPROVED PROGRAM or APPROVED STATE means a Sate program which has been approved or authorized by EPA under 40 CFR Part 123. AQUACULTURE PROJECT means a defined managed water area which uses discharges of pollutants into that designated area for the maintenance or production of harvestable freshwater, estuarine, or marine plants or animals. "Designated area" means the portions of the waters of the United States within which the applicant plans to confine the cultivated species, using a method of plan or operation (including, but not limited to, physical confinement) which, on the basis of reliable scientific evidence, is expected to ensure the specific individual organisms comprising an aquaculture crop will enjoy increased growth attributable to the discharge of pollutants and be harvested within a defined geographic area. AQUIFER means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring. AREA OF REVIEW means the area surrounding an injection well which is described according to the criteria set forth in 40 CFR Section 146.06. 18 American LegalNet, Inc. www.FormsWorkflow.com AREA PERMIT means a UIC permit applicable to all or certain wells within a geographic area, rather than to a specified well, under 40 CFR Section 122.37. ATTAINMENT AREA means, for any air pollutant, an area which has been designated under Section 107 of the Clean Air Act as having ambient air quality levels better than any national primary or secondary ambient air quality standard for that pollutant. Standards have been set for sulfur oxides, particulate matter, nitrogen dioxide, carbon monoxide, ozone, lead, and hydrocarbons. For purposes of the Glossary, "attainment area" also refers to "unclassifiable area," which means, for any pollutants, an area designated under Section 107 as unclassifiable with respect to that pollutant due to insufficient information. BEST MANAGEMENT PRACTICES (BMP) means schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMP's include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. BIOLOGICAL MONITORING TEST means any test which includes the use of aquatic algal, invertebrate, or vertebrate species to measure acute or chronic toxicity, and any biological or chemical measure of bioaccumulation. BYPASS means the intentional diversion of wastes from any portion of a treatment facility. CONCENTRATED ANIMAL FEEDING OPERATION means an animal feeding operation which meets the criteria set forth in either (A) or (B) below or which the Director designates as such on a case-by-case basis: A. More than the numbers of animals specified in any of the following categories are confined: 1. 1,000 slaughter or feeder cattle, 2. 700 mature dairy cattle (whether milked or dry cows), 3. 2,500 swine each weighing over 25 kilograms (approximately 55 pounds), 4. 500 horses, 5. 10,000 sheep or lambs, 6. 55,000 turkeys, 7. 100,000 laying hens or broilers (if the facility has a continuous overflow watering), 8. 30,000 laying hens or broilers (if the facility has a liquid manure handling system), 9. 5,000 ducks, or 10. 1,000 animal units; or B. More than the following numbers and types of animals are confined: 1. 300 slaughter or feeder cattle, 2. 200 mature dairy cattle (whether milked or dry cows), 3. 750 swine each weighing over 25 kilograms (approximately 55 pounds), 4. 150 horses, 5. 3,000 sheep or lambs, 6. 16,500 turkeys, 7. 30,000 laying hens or broilers (if the facility has a continuous overflow watering), 8. 9,000 laying hens or broilers (if the facility has a liquid manure handling system), 9. 1,500 ducks, or 10. 300 animal units; AND Either one of the following conditions are met: Pollutants are discharged into the waters of the United States through a manmade ditch, flushing system or other similar manmade device ( "manmade" means constructed by man and used for the purpose of transporting waste); or Pollutants are discharged directly into the waters of the United States which originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation. 19 American LegalNet, Inc. www.FormsWorkflow.com Provided, however, that no animal feeding operation is a concentrated animal feeding operation as defined above if such animal feeding operation discharges only in the event of a 25 year, 24 hour storm event. CONCENTRATED AQUATIC ANIMAL PRODUCTION FACILITY means a hatchery, fish farm, or other facility which contains, grows or holds aquatic animals in either of the following categories, or which the Director designates as such on a case-by-case basis: A. Cold water fish species or other cold water aquatic animals including, but not limited to, the Salimonidae family of fish (e.g., trout and salmon) in ponds, raceways or other similar structures which discharge at least 30 days per year but does not include: 1. Facilities which produce less than 9,090 harvest weight kilograms (approximately 20,000 pounds) of aquatic animals per year; and 2. Facilities which feed less than 2,272 kilograms (approximately 5,000 pounds) of food during the calendar month of maximum feeding. B. Warm water fish species or other warm water aquatic animals including, but not limited to, the Ameiuridae, Cetrarchidae, and Cyprinidae families of fish (e.g., respectively, catfish, sunfish, and minnows) in ponds, raceways, or other similar structures which discharge at least 30 days per year, but does not include: 1. Closed ponds which discharge only during periods of excess runoff; or 2. Facilities which produce less than 45,454 harvest weight kilograms (approximately 100,000 pounds) of aquatic animals per year. CONTACT COOLING WATER means water used to reduce temperature which comes into contact with a raw material, intermediate product, waste product other than heat, or finished product. CONTAINER means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled. CONTIGUOUS ZONE means the entire zone established by the United States under article 24 of the convention of the Territorial Sea and the Contiguous Zone. CWA means the Clean Water Act (formally referred to the Federal Water Pollution Control Act) Pub. L. 92-500, as amended by Pub. L. 95-217 and Pub. L. 95-576, 33 U.S.C. 1251 et seq. DIKE means any embankment or ridge of either natural or manmade materials used to prevent the movement of liquids, sludges, solids, or other materials. DIRECT DISCHARGE means the discharge of a pollutant as defined below. DIRECTOR means the EPA Regional Administrator or the State Director as the context requires. DISCHARGE (OF A POLLUTANT) MEANS: A. Any addition of any pollutant or combination of pollutants to waters of the United States from any point source; or B. Any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. 20 American LegalNet, Inc. www.FormsWorkflow.com This definition includes discharges into waters of the United States from: Surface runoff which is collected or channeled by man; Discharges through pipes, sewers or other conveyances owned by a State, municipality, or other person which do not lead to POTW's; and Discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. This term does not include an addition of pollutants by any indirect discharger. DISPOSAL (in the RCRA program) means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that the hazardous waste or any constituent of it may enter the environment or be emitted into the air or discharged into any waters, including ground water. DISPOSAL FACILITY means a facility or part of a facility at which hazardous waste is intentionally placed into or on land or water, and at which hazardous waste will remain after closure. EFFLUENT LIMITATION means any restriction imposed by the Director on quantities, discharge rates, and concentrations of pollutants which are discharged from point sources into waters of the United States, the waters of the contiguous zone, or the ocean. EFFLUENT LIMITATION GUIDELINE means a regulation published by the Administrator under Section 304(b) of the Clean Water Act to adopt or revise effluent limitations. ENVIRONMENTAL PROTECTION AGENCY (EPA) means the United States Environmental Protection Agency. EPA IDENTIFICATION NUMBER means the number assigned by EPA to each generator, transporter, and facility. EXEMPTED AQUIFER means an aquifer or its portion that meets the criteria in the definition of USDW, but which has been exempted according to the procedures in 40 CFR Section 122.35(b). EXISTING HWM FACILITY means a Hazardous Waste Management facility which was in operation, or for which construction had commenced, on or before October 21, 1976. Construction had commenced if (A) the owner or operator had obtained all necessary Federal, State, and local preconstruction approvals or permits, and either (B1) a continuous on-site, physical construction program had begun, or (B2) the owner or operator had entered into contractual obligations, which could not be canceled or modified without substantial loss, for construction of the facility to be completed within a reasonable time. (NOTE: This definition reflects the literal language of the statute. However, EPA believes that amendments to RCRA now in conference will shortly be enacted and will change the date for determining when a facility is an "existing facility" to one no earlier than May of 1980; indications are the conferees are considering October 30, 1980. Accordingly, EPA encourages every owner or operator of a facility which was built or under construction as of the promulgation date of the RCRA program regulations to file Part A of its permit application so that it can be quickly processed for interim status when the change in the law takes effect. When those amendments are enacted, EPA will amend this definition.) EXISTING SOURCE or EXISTING DISCHARGER (in the NPDES program) means any source which is not a new source or a new discharger. EXISTING INJECTION WELL means an injection well other than a new injection well. FACILITY means any HWM facility, UIC underground injection well, NPDES point source, PSD stationary source, or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the RCRA, UIC, NPDES, or PSD programs. FLUID means material or substance which flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state. 21 American LegalNet, Inc. www.FormsWorkflow.com GENERATOR means any person by site, whose act or process produces hazardous waste identified or listed in 40 CFR Part 261. GROUNDWATER means water below the land surfaces in a zone of saturation. HAZARDOUS SUBSTANCE means any of the substances designated under 40 CFR Part 116 pursuant to Section 311 of CWA. (NOTE: These substances are listed in Table 2c-4 of the instructions to Form 2C.) HAZARDOUS WASTE means a hazardous waste as defined in 40 CFR Section 261.3 published May 19, 1980. HAZARDOUS WASTE MANAGEMENT FACILITY (HWM facility) means all contiguous land, structures, appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous wastes. A facility may consist of several treatment, storage, or disposal operational units (for example, one or more landfills, surface impoundments, or combinations of them). IN OPERATION means a facility which is treating, storing, or disposing, of hazardous waste. INCINERATOR (in the RCRA program) means an enclosed device using controlled flame combustion, the primary purpose of which is to thermally break down hazardous waste. Examples of incinerators are rotary kiln, fluidized bed, and liquid injection incinerators. INDIRECT DISCHARGER means a nondomestic discharger introducing pollutants to a publicly owned treatment works. INJECTION WELL means a well into which fluids are being injected. INTERIM AUTHORIZATION means approval by EPA of a State hazardous waste program which has met the requirements of Section 3006(c) of RCRA and applicable requirements of 40 CFR Part 123, Subparts A, B, and F. LANDFILL means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a land treatment facility, a surface impoundment, or an injection well. LAND TREATMENT FACILITY (in the RCRA program) means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure. LISTED STATE means a State listed by the Administrator under Section 1422 of SDWA as needing a State UIC program. MGD means millions of gallons per day. MUNICIPALITY means a city, village, town, borough, county, parish, district, association, or other public body created by or under State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of CWA. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits and imposing and enforcing pretreatment requirements under Sections 307, 318, 402, and 405 of CWA. The term includes an approved program. 22 American LegalNet, Inc. www.FormsWorkflow.com NEW DISCHARGER means any building, structure, facility, or installation: (A) From which there is or may be a new or additional discharge of pollutants at a site at which on October 18, 1972, it had never discharged pollutants; (B) Which has never received a finally effective NPDES permit for discharges at that site; and (C) Which is not a "new source." This definition includes an indirect discharger which commences discharging into the waters of the United States. It also includes any existing mobile point source, such as an offshore oil drilling rig, seafood processing vessel, or aggregate plant that begins discharging at a location for which it does not have an existing permit. NEW HWM FACILITY means any Hazardous Waste Management facility which began operation or for which construction commenced after October 21, 1976. NEW INJECTION WELL means a well which begins injection after a UIC program for the State in which the well is located is approved. NEW SOURCE (in the NPDES program) means any building, structure, facility, or installation, from which there is or may be a discharge of pollutants, the construction of which commenced: A. After promulgation of standards of performance under Section 306 of CWA which are applicable to such source; or B. After proposal of standards of performance in accordance with Section 306 of CWA which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal. NON-CONTACT COOLING WATER means water used to reduce temperature which does not come into direct contact with any raw material, intermediate product, waste product (other than heat), or finished product. OFF-SITE means any site which is not "on-site." ON-SITE means on the same or geographically contiguous property which may be divided by public or private right(s)-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right(s)-of-way. Non-contiguous properties owned by the same person, but connected by a right-of-way which the person controls and to which the public does not have access, is also considered on-site property. OPEN BURNING means the combustion of any material without the following characteristics: A. Control of combustion air to maintain adequate temperature for efficient combustion; B. Containment of the combustion-reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and C. Control of emission of the gaseous combustion products. (See also "incinerator" and "thermal treatment"). OPERATOR means the person responsible for the overall operation of a facility. OUTFALL means a point source. OWNER means the person who owns a facility or part of a facility. PERMIT means an authorization, license, or equivalent control document issued by EPA or an approved State to implement the requirements of 40 CFR Parts 122, 123, and 124. 23 American LegalNet, Inc. www.FormsWorkflow.com PHYSICAL CONSTRUCTION (in the RCRA program) means excavation, movement of earth, erection of forms or structures, or similar activity to prepare a HWM facility to accept hazardous waste. PILE means any non containerized accumulation of solid, non flowing hazardous waste that is used for treatment or storage. POINT SOURCE means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture. POLLUTANT means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended [42 U.S.C. Section 2011 et. seq.]), heat, wrecked or discarded equipment, rocks, sand, cellar dirt and industrial, municipal, and agriculture waste discharged into water. It does not mean: A. Sewage from vessels; or B. Water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located, and if the State determines that the injection or disposal will not result in the degradation of ground or surface water resources. (NOTE: Radioactive materials covered by the Atomic Energy Act are those encompassed in its definition of source, byproduct, or special nuclear materials. Examples of materials not covered include radium and accelerator produced isotopes. See Train v. Colorado Public Interest Research Group, Inc., 426 U.S. 1 .) PREVENTION OF SIGNIFICANT DETERIORATION (PSD) means the national permitting program under 40 CFR 52.21 to prevent emissions of certain pollutants regulated under the Clean Air Act from significantly deteriorating air quality in attainment areas. PRIMARY INDUSTRY CATEGORY means any industry category listed in the NRDC Settlement Agreement (Natural Resources Defense Council v. Train, 8 ERC 2120 [D.D.C. 1976], modified 12 ERC 1833 [D.D.C. 1979]). PRIVATELY OWNED TREATMENT WORKS means any device or system which is: (A) Used to treat wastes from any facility whose operator is not the operator of the treatment works; and (B) Not a POTW. PROCESS WASTEWATER means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. PUBLICLY OWNED TREATMENT WORKS or POTW means nay device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a State or a municipality. This definition includes any sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment. RENT means use of another's property in return for regular payment. RCRA means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 (Pub. L. 94-580, as amended by Pub. L. 95-609, 42 U.S.C. Section 6901 et seq.). ROCK CRUSHING AND GRAVEL WASHING FACILITIES are facilities which process crushed and broken stone, gravel, and riprap (see 40 CFR Part 436, Subpart B, and the effluent limitations guidelines for these facilities). 24 American LegalNet, Inc. www.FormsWorkflow.com SDWA means the Safe Drinking Water Act (Pub. L. 95-523, as amended by Pub. L. 95-1900, 42 U.S.C. Section 300 [f] et. seq.). SECONDARY INDUSTRY CATEGORY means any industry category which is not a primary industry category. SEWAGE FROM VESSELS means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes that are discharged from vessels and regulated under Section 312 of CWA, except that with respect to commercial vessels on the Great Lakes this term includes gray water. For the purposes of this definition, "graywater" means galley, bath, and shower water. SEWAGE SLUDGE means the solids, residues, and precipitate separated from or created in sewage by the unit processes of a POTW. "Sewage" as used in this definition means any wastes, including wastes from humans, households, commercial establishments, industries, and storm water runoff, that are discharged to or otherwise enter a publicly owned treatment works. SILVICULTURAL POINT SOURCE means any discernable, confined, and discrete conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities, which are operated in connection with silvicultural activities and from which pollutants are discharged into waters of the United States. This term does not include nonpoint source floricultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. However, some of these activities (such as stream crossing for roads) may involve point source discharges of dredged or fill material which may require a CWA Section 401 permit. "Log sorting and log storage facilities" are facilities whose discharges result from the holding of unprocessed wood, e.g., logs or roundwood with bark or after removal of bark in self-contained bodies of water (mill ponds or log ponds) or stored on land where water is applied intentionally on the logs (wet decking). (See 40 CFR Part 429, Subpart J, and the effluent limitations guidelines for these facilities.) STATE means any of the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands (except in the case of RCRA), and the Commonwealth of the Northern Mariana Islands (except in the case of CWA). STATIONARY SOURCE (in the PSD program) means any building, structure, facility or installation which emits or may emit any air pollutant regulated under the Clean Air Act. "Building, structure, facility, or installation" means any grouping of pollutant-emitting activities which are located on one or more contiguous or adjacent properties and which are owned or operated by the same person (or by persons under common control). STORAGE (in the RCRA program) means the holding of hazardous waste for a temporary period at the end of which the hazardous waste is treated, disposed, or stored elsewhere. STORM WATER RUNOFF means water discharged as a result of rain, snow, or other precipitation. SURFACE IMPOUNDMENT or IMPOUNDMENT means a facility or part of a facility which is a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials (although it may be lined with manmade materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons. TANK (in the RCRA program) means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support. 25 American LegalNet, Inc. www.FormsWorkflow.com THERMAL TREATMENT (in the RCRA program) means the treatment of hazardous wastes in a device which uses elevated temperature as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge. (See also "incinerator" and "open burning.") TOTALLY ENCLOSED TREATMENT FACILITY (in the RCRA program) means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized. TOXIC POLLUTANT means any pollutant listed as toxic under Section 307 (a)(1) of CWA. TRANSPORTER (in the RCRA program) means a person engaged in the off-site transportation of hazardous waste by air, rail, highway, or water. TREATMENT (in the RCRA program) means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste nonhazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume. UNDERGROUND INJECTION means well injection. UNDERGROUND SOURCE OF DRINKING WATER or USDW means an aquifer or its portion which is not an exempted aquifer and: A. Which supplies drinking water for human consumption; or B. In which the groundwater contains fewer than 10,000 mg/l total dissolved solids. UPSET means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. WATERS OF THE UNITED STATES means: A. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; B. All interstate waters, including interstate wetlands; C. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mud flats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, and natural ponds, the use, degradation, or destruction of which would or could affect interstate or foreign commerce including any such waters: 1. Which are or could be used by interstate or foreign travelers for recreational or other purposes, 2. From which fish or shellfish are or could be taken and sold in interstate and foreign commerce, 3. Which are used or could be used for industrial purposes by industries in interstate commerce; D. All impoundments of water otherwise defined as waters of the United States under this definition; 26 American LegalNet, Inc. www.FormsWorkflow.com E. Tributaries of waters identified in paragraphs (A) - (D) above; F. The territorial sea; and G. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (A) - (F) of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet requirement of CWA (other than cooling ponds as defined in 40 CFR Section 423.11(m) which also meet the requirement of this definition) are not waters of the United States. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the United States (such as a disposal area in wetlands) nor resulted from the impoundments of waters of the United States. WELL INJECTION or UNDERGROUND INJECTION means the subsurface emplacement of fluids through a bored, drilled, or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension. WETLANDS means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances, do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. 27 American LegalNet, Inc. www.FormsWorkflow.com INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT INDUSTRIAL NPDES PERMIT APPLICATION REVIEW CHECKLIST Form 2D List of outfalls showing the outfall number, Lat./Long., and receiving stream List of outfalls showing the outfall number, the operation(s) contributing flow to that outfall, average flow from that outfall, a description of the treatment applied to the wastewater generated from that outfall with the corresponding code from Table 2D-1 of the application. the Line drawing showing the flow of water into, through and out of the various processes that generate the wastewater. List of intermittent or seasonal discharges per outfall which includes: a. The outfall number b. A description of the process contributing the wastewater flow c. The frequency of the flow in days/week and months/year d. The flow rate long term average and daily maximum e. The total volume of flow long term average and daily maximum f. The duration of the discharge in days The production rate which is applicable to a process which is subject to an effluent guideline that is calculated based on the production rate. The production rate is expressed in the quantity per day, the units of measurement, the product which is produced, and the affected outfalls. The applicant must provide analytical results for all pollutants listed in Group A of Table 2D-2 of the application. The applicant must provide analytical results for