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Ind. Code § 13-11-2-50.5

"Degradation"

Applied in 1 court decision — leading case City of Gary v. Indiana Department of Environmental Management (2012)

Most recently applied in City of Gary v. Indiana Department of Environmental Management (May 2012)

As added by P.L.140-2000, SEC.6

Sec. 50.5. "Degradation", for purposes of IC 13-18-3, means, with respect to a National Pollutant Discharge Elimination System permit, the following:

(1) With respect to an outstanding national resource water, any new or increased discharge of a pollutant or a pollutant parameter, except for a short term, temporary increase.

(2) With respect to an outstanding state resource water, any new or increased discharge of a pollutant or pollutant parameter that results in a significant lowering of water quality for that pollutant or pollutant parameter, unless:

(A) the activity causing the increased discharge:

(i) results in an overall improvement in water quality in the outstanding state resource water; and

(ii) meets the applicable requirements of rules adopted by the board under IC 13-18-3-2; or

(B) the person proposing the increased discharge undertakes or funds a water quality improvement project in accordance with IC 13-18-3-2(k) in the watershed of the outstanding state resource water that:

(i) results in an overall improvement in water quality in the outstanding state resource water; and

(ii) meets the applicable requirements of rules adopted by the board under IC 13-18-3-2.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.