Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3-2.5
Affected: IC 13-14-2-6; IC 13-14-9-14; IC 13-18-4
Sec. 3.1.
(a) The
combined sewer overflow (CSO) wet weather limited use subcategory established
under section 3 of this rule applies only to waters receiving wet weather
discharges from combined sewer overflows that are listed in 327 IAC
2-1.1.
(b) To receive consideration
for the CSO wet weather limited use subcategory designation, a CSO
community
must do the following:
(1) Perform a use
attainability analysis (UAA) to change the recreational designated use of the
waterbody or waterbodies receiving the wet weather discharges from combined
sewer overflows.
(2) Submit the UAA
to the department for approval.
(3)
Submit a long term control plan (LTCP) consistent with the application of the
CSO wet weather limited use subcategory to the department for
approval.
(c) The LTCP
submitted to the department must:
(1) specify
the water quality-based requirements that will apply to combined sewer
overflows under subsection (h) if the waterbody or waterbodies receiving the
wet weather overflows are redesignated to the CSO wet weather limited use
subcategory; and
(2) meet the
requirements of Section 402(q) of the Clean Water Act*.
(d) The department shall:
(1) review the UAA concurrently with the LTCP
if they are submitted concurrently; and
(2) use the LTCP to satisfy the requirements
of the UAA, to the extent possible.
(e) Upon approval of a UAA, the department
shall begin a rulemaking under IC 13-14-9 -14 to amend the designated use to a
CSO wet weather limited use designation. The rulemaking may commence before
full implementation of the approved LTCP.
(f) Upon completion of the rulemaking
required under subsection (e), the department shall submit the amended
recreational use designation and the supporting UAA to the U.S. EPA for
approval.
(g) Upon U.S. EPA's
approval of the use designation change for the waterbody or waterbodies
receiving wet weather overflows from a CSO community, the department shall
modify the NPDES permit holder's permit to incorporate the CSO wet weather
limited use designation and the approved LTCP into the permit.
(h) The water quality-based requirements for
the CSO wet weather limited use designation must:
(1) be determined by the approved LTCP for
the combined sewer system;
(2) be
consistent with the Clean Water Act; and
(3) 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.
*This document is incorporated by reference. Copies may be
obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the
Indiana Department of Environmental Management, Office of Legal Counsel,
Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue,
Indianapolis, Indiana 46204.
