327 IAC 5-4-2 Underground injection of pollutants

Sec. 2. (a) If an applicant for an NPDES permit proposes to dispose of pollutants by underground injection as part of the overall effort to meet the requirements of the NPDES program, the commissioner shall deny the request, as this function now lies with EPA as part of the requirements of the SWDA, unless it is determined by the commissioner to be necessary to specify additional terms and conditions in the final NPDES permit which shall: (1) prohibit the proposed disposal; or (2) control the proposed disposal in order to prevent pollution of ground and surface water resources of such character and degree as would endanger or threaten to endanger the public health and welfare. (b) A person proposing a discharge of pollutants by underground injection from a facility with no other point source discharge of pollutants subject to NPDES requirements shall not be required to obtain an NPDES permit. However, the commissioner may prohibit or control such a proposed discharge through the issuance of construction and operation permits under 327 IAC 3 so as to prevent pollution of ground waters of the state of such character and degree as would endanger or threaten to endanger the public health and welfare.