§ 13-18-3-2.5 — CSO wet weather limited use subcategory established; application after approval of long term control plan; other requirements; EPA approval; monitoring and review; rules

Indiana § 13-18-3-2.5

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

Text

5. (a) A CSO wet weather limited use
subcategory is established for waters affected by receiving combined
sewer overflows, as specified in an approved long term control plan.
The CSO wet weather limited use subcategory applies to a specific
water body after implementation of an approved long term control plan
for the combined sewer system whose overflow discharges affect those
waters is implemented and the conditions of subsection (b) are
satisfied. The following requirements apply to the CSO wet weather
limited use subcategory:
(1) The water quality based requirements associated with the CSO
wet weather limited use subcategory that apply to waters affected
by wet weather combined sewer overflows are determined by an
approved long term control plan for the combined sewer system.
The water quality based requirements remain in effect during the
time and to the physical extent that the recreational use
designation that applied to the waters immediately before the
application to the waters of the CSO wet weather limited use
subcategory is not attained, but for not more than four (4) days
after the date the overflow discharge ends.
(2) At all times other than those described in subdivision (1), the
water quality criteria associated with the appropriate recreational
use designation that applied to the waters immediately before the
application to the waters of the CSO wet weather limited use
subcategory apply unless there is a change in the use designation
as a result of a use attainability analysis.
(b) The CSO wet weather limited use subcategory applies if:
(1) the department has approved a long term control plan for the
NPDES permit holder for the combined sewer system;
(2) the approved long term control plan:
(A) is incorporated into:
(i) the NPDES permit holder's NPDES permit; or
(ii) an order of the commissioner under IC 13-14-2-6;
(B) satisfies the requirements of section 2.3 of this chapter; and
(C) specifies the water quality based requirements that apply to
combined sewer overflows during and immediately following
wet weather events, as provided in subsection (a)(1);
(3) the NPDES permit holder has implemented the approved long
term control plan; and
(4) subject to subsection (c), 40 CFR 131.10, 40 CFR 131.20, and
40 CFR 131.21 are satisfied.
(c) For purposes of subsection (b)(4), 40 CFR 131.10 may be
satisfied by including appropriate data and information in the long term
control plan.
(d) The department shall implement the CSO wet weather limited
use subcategory and associated water quality based requirements under
this section when the subcategory and requirements are approved by
the United States Environmental Protection Agency. The department
shall seek approval of the United States Environmental Protection
Agency in a timely manner.
(e) The NPDES permit holder shall monitor its discharges and the
water quality in the affected receiving stream periodically as provided
in the long term control plan. The NPDES permit holder shall provide
all such information to the department.
(f) In conjunction with a review of its long term control plan under
section 2.4 of this chapter, the NPDES permit holder shall review
information generated after the use attainability analysis was approved
by the department to determine whether the conclusion of the use
attainability analysis is still valid. The NPDES permit holder shall
provide the results of the review to the department.
(g) The board shall adopt rules under IC 13-14-8 and IC 13-14-9 to
implement this section before October 1, 2006.

Legislative History

As added by P.L.140-2000, SEC.20. Amended by P.L.54-2005, SEC.4.