TITLE 312 NATURAL RESOURCES COMMISSION
Proposed Rule
LSA Document #09-876
DIGEST
Adds
312 IAC 11.5 to govern the emergency regulation of surface water rights on freshwater lakes that contain at least 10 acres and to provide that the director of the Division of Water may file with the Natural Resources Commission a complaint for a notice of violation under
IC 14-10-2-6. Makes other technical changes. Repeals
312 IAC 11-6. Effective January 1, 2011.
ARTICLE 11.5. SURFACE WATER EMERGENCIES ON LAKES
Rule 1. Administration and Enforcement
Authority:
IC 14-10-2-4
Sec. 1. The division shall administer and coordinate the professional and technical functions required of the department under IC 14-25-5 and this rule.
(Natural Resources Commission; 312 IAC 11.5-1-1)
Authority:
IC 14-10-2-4
Sec. 2. To enforce IC 14-25-5 or this article on behalf of the commission:
(1) The director may initiate an action under IC 14-25-5-15(b) to enjoin a violation.
(2) The division director may, under IC 4-21.5-3-8, file with the commission a complaint for a notice of violation under IC 14-10-2-6.
(Natural Resources Commission; 312 IAC 11.5-1-2)
Rule 2. Definitions
Authority:
IC 14-10-2-4
Sec. 1. The definitions in IC 14-8, 312 IAC 1, and sections 2 through 9 of this rule apply throughout this article.
(Natural Resources Commission; 312 IAC 11.5-2-1)
Authority:
IC 14-10-2-4
Sec. 2. "Cumulative effect" means the impact of multiple significant water withdrawal facilities.
(Natural Resources Commission; 312 IAC 11.5-2-2)
Authority:
IC 14-10-2-4
Sec. 3. "Division" means the division of water of the department.
(Natural Resources Commission; 312 IAC 11.5-2-3)
312 IAC 11.5-2-4 "Extraordinary or unique natural resource" defined
Authority:
IC 14-10-2-4
Sec. 4. "Extraordinary or unique natural resource" means a natural resource that is exceptional to a very marked extent within Indiana and includes the following:
(1) A plant or animal that is a rare, threatened, or endangered species.
(2) A waterway located within one-half (1/2) mile of a freshwater lake and determined by the department to qualify as a natural river or a scenic river under IC 14-29-6 and 312 IAC 7-2.
(Natural Resources Commission; 312 IAC 11.5-2-4)
312 IAC 11.5-2-5 "Financial responsibility bond" defined
Authority:
IC 14-10-2-4
Sec. 5. "Financial responsibility bond" means any of the following:
(1) A surety bond.
(2) A certificate of deposit.
(3) A cashier's check.
(4) A letter of credit.
(Natural Resources Commission; 312 IAC 11.5-2-5)
Authority:
IC 14-10-2-4
Sec. 6. (a) "Freshwater lake" means a body of standing surface water that contains at least ten (10) acres at the body of water's normal level and:
(1) is of natural origin; or
(2) was originally constructed to permanently retain water and was in existence at least five (5) years before the commencement of water withdrawals by a significant water withdrawal facility.
(b) The term does not include Lake Michigan.
(Natural Resources Commission; 312 IAC 11.5-2-6)
Authority:
IC 14-10-2-4
Sec. 7. "Lake owner" means a person in possession of property that includes a physical part of, or a legal interest in, a freshwater lake.
(Natural Resources Commission; 312 IAC 11.5-2-7)
312 IAC 11.5-2-8 "Significant environmental harm" defined
Authority:
IC 14-10-2-4
Sec. 8. "Significant environmental harm" means damage to natural or cultural resources, the individual or cumulative effect of which is found by the director to be obvious and measurable (based upon the opinion of a professional qualified to assess the damage) and that:
(1) creates a condition where recovery of affected resources is not likely to occur within an acceptable period; and
(2) cannot be adequately mitigated through the implementation of a mitigation plan approved by the director.
(Natural Resources Commission; 312 IAC 11.5-2-8)
312 IAC 11.5-2-9 "Significant water withdrawal facility" defined
Authority:
IC 14-10-2-4
Sec. 9. "Significant water withdrawal facility" means a water pumping installation or other equipment of a person that, in the aggregate from all sources and by all methods, has the capability of withdrawing at least one hundred thousand (100,000) gallons of water in one (1) day.
(Natural Resources Commission; 312 IAC 11.5-2-9)
SECTION 3. SECTIONS 1 and 2 of this document take effect January 1, 2011.
Posted: 08/11/2010 by Legislative Services Agency
DIN: 20100811-IR-312090876PRA
Composed: May 02,2024 5:58:28PM EDT
A
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