§ 13-18-3-2.3 — Designated use change to CSO wet weather category; long term control plans

Indiana § 13-18-3-2.3

• Jurisdiction: Indiana
• Art. 18: WATER POLLUTION CONTROL
• Ch. 3: Powers and Duties Concerning Water Pollution Control

Text

3. (a) This subsection applies if a use
attainability analysis is performed and approved to change the
designated use of a water body receiving wet weather discharges from
combined sewer overflows from the recreational use designation that
applied to the waters immediately before the application to the waters
of the CSO wet weather subcategory established in section 2.5 of this
chapter to that subcategory. Upon implementation of the approved long
term control plan, the plan fulfills the water quality goals of the state
with respect to wet weather discharges that are a result of overflows
from the combined sewer system addressed by the plan.
(b) A long term control plan must meet the requirements of:
(1) Section 402(q) of the federal Clean Water Act (33 U.S.C.
1342(q)); and
(2) 59 FR 18688.
(c) An approved long term control plan shall be incorporated into:
(1) the NPDES permit holder's NPDES permit; or
(2) an order of the commissioner under IC 13-14-2-6.
(d) If a use attainability analysis is performed, the department shall:
(1) review a use attainability analysis submitted under this chapter
concurrently with a long term control plan submitted under this
chapter; and
(2) use the approved long term control plan to satisfy the
requirements of the use attainability analysis.

Legislative History

As added by P.L.140-2000, SEC.18. Amended by P.L.54-2005, SEC.2.