Reprinted

February 2, 2000




SENATE BILL No. 431

_____


DIGEST OF SB 431 (Updated February 1, 2000 3:08 PM - DI 52)



Citations Affected: IC 13-11; IC 13-18; noncode.

Synopsis: Water quality standards and combined sewers. Establishes the circumstances under which a long term control plan for a combined sewer system is considered to fulfill the water quality goals of the state with respect to wet weather discharges that result from overflows from such a system. Requires the department of environmental management to temporarily suspend designated uses on a site specific basis with respect to any water affected by discharges from a combined sewer system by wet weather events if the NPDES permit holder has fulfilled certain requirements. Provides that the temporary suspension shall be for the shortest period consistent with the protection of human health. Permits the water pollution control board to adopt rules concerning temporary suspensions, and directs the board to adopt rules concerning community notice of combined sewer overflows . Allows the department to issue NPDES permits that contain conditions that include alternate water quality based effluent limits that: (1) are based on certain receiving water flows; or (2) provide increased mass limitations, concentration limitations, or mass and concentration limitations for publicly owned treatment works. Directs the department of environmental management to provide guidance to combined sewer overflow communities for compliance with certain requirements of law.

Effective: Upon passage.



Gard, Young R


    January 10, 2000, read first time and referred to Committee on Environmental Affairs.
    January 25, 2000, amended, reported favorably _ Do Pass.
    February 1, 2000, read second time, amended, ordered engrossed.


Reprinted

February 2, 2000

Second Regular Session 111th General Assembly (2000)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 1999 General Assembly.

SENATE BILL No. 431


    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 13-11-2-31.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 31.3. "Combined sewage", for purposes of sections 31.4 and 31.6 of this chapter and IC 13-18, refers to a combination of wastewater (including domestic, commercial, or industrial wastewater) and stormwater transported in a combined sewer or combined sewer system.
    SECTION 2. IC 13-11-2-31.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 31.4. "Combined sewer", for purposes of sections 31.3, 31.6, and 120.5 of this chapter and IC 13-18, means a sewer that is designed, constructed, and used to receive and transport combined sewage.
     SECTION 3. IC 13-11-2-31.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 31.5. "Combined sewer operational plan", for purposes of IC 13-18, means a plan that

contains the minimum technology controls applicable to, and requirements for operation and maintenance of, a combined sewer system:
        (1) before;
        (2) during; and
        (3) upon the completion of;
the implementation of a long term control plan.
    SECTION 4. IC 13-11-2-31.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 31.6. "Combined sewer system", for purposes of sections 31.3, 31.5, and 120.5 of this chapter and IC 13-18, means a system of combined sewers that:
        (1) is designed, constructed, and used to receive and transport combined sewage to a publicly owned wastewater treatment plant; and
        (2) may contain one (1) or more overflow points that allow discharge of combined sewage before arrival at the publicly owned wastewater treatment plant when the hydraulic capacity of the system or part of the system is exceeded as a result of a wet weather event.
    SECTION 5. IC 13-11-2-120.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 120.5. "Long term control plan", for purposes of section 31.5 of this chapter and IC 13-18, means a plan that:
        (1) describes changes and improvements to be made to a combined sewer system or to a publicly owned wastewater treatment plant for the purpose of meeting the requirements of the federal Clean Water Act and state law;
        (2) is developed with public participation;
        (3) is submitted to the department for approval; and
        (4) does the following:
            (A) Uses characterization, monitoring, and modeling of the combined sewer system to determine:
                (i) the response of the combined sewer system to various precipitation events;
                (ii) the characteristics of overflows from the combined sewer system; and
                (iii) the water quality impacts that result from overflows from the combined sewer system.
            (B) Considers the impact of combined sewer overflows on sensitive areas and gives highest priority to controlling

overflows in the areas.
            (C) Contains an evaluation of a reasonable range of control alternatives.
            (D) Contains cost and performance analyses of the control alternatives evaluated.
            (E) Maximizes treatment at a publicly owned treatment works (POTW) treatment plant.
            (F) Contains a practicable implementation schedule.
            (G) Contains a post-construction compliance monitoring program.
    SECTION 6. IC 13-11-2-242.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 242.5. "Use attainability analysis", for purposes of IC 13-18, refers to a structured scientific assessment of the physical, chemical, biological, and economic factors affecting the attainment of a designated use as provided in 40 CFR 131.
    SECTION 7. IC 13-11-2-265.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 265.3. "Wet weather event", for purposes of IC 13-18, means storm water runoff, snow melt runoff, or ice melt runoff flowing into a combined sewer system that results in a total measured precipitation accumulation within a twenty-four (24) hour period of at least one-tenth (0.1) inch of:
         (1) rainfall;
        (2) ice melt; or
        (3) snow melt.
    SECTION 8. IC 13-18-3-2.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.3. (a) A long term control plan, upon implementation, 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 if the long term control plan provides for the capture for treatment of the percentage of the combined sewage occurring during wet weather events for the entire combined sewer system, as determined by volume on an annual average basis, that corresponds to the point at which the increment of pollution reduction to be achieved by additional controls begins to diminish in comparison to the increment of increased costs of the additional controls for the most cost effective control alternative evaluated in the long term control plan.

    (b) If a use attainability analysis is required for a suspension under this chapter, the department must use, to the maximum extent feasible, the information contained in the permit holder's approved long term control plan before requiring any additional information from the permit holder in order to satisfy the requirements of the use attainability analysis.
    SECTION 9. IC 13-18-3-2.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.4. (a) The department shall approve temporary suspension of designated uses on a site specific basis, taking into account discharges from combined sewer overflows due to wet weather events, if:
        (1) the department has approved a long term control plan for the permit holder;
        (2) the permit holder:
            (A) has implemented the long term control plan; or
            (B) is implementing the approved long term control plan;
         (3) the permit holder is in compliance with all other requirements for the operation and maintenance of its wastewater treatment facilities and combined sewer system, including its combined sewer operational plan approved by the department; and
        (4) the provisions of 40 CFR 131.10 are satisfied.
The provisions of 40 CFR 131.10 may be satisfied by including the appropriate data and information in the long term control plan.
    (b) To the extent permitted under federal law, the department shall provide a compliance schedule in the National Pollutant Discharge Elimination System (NPDES) permit during the period when the long term control plan is being developed.
    (c) The granting of a temporary suspension of a designated use applies only to the permittee requesting the suspension and shall be for the shortest period consistent with the protection of human health, as outlined in the approved use attainability analysis and set forth in the permittee's approved long term control plan.
    (d) The board may adopt rules in accordance with IC 13-14-8 and IC 13-14-9 amending the water quality standards to include the terms of the temporary suspension allowed by this section.
    (e) When the department approves a temporary suspension of a designated use, the department shall incorporate the approval in the permit holder's NPDES permit.
    SECTION 10. IC 13-18-19-2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS

[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The department may issue National Pollutant Discharge Elimination System (NPDES) permits containing conditions that include alternate water quality based effluent limits that:
        (1) are based on receiving water flows associated with, or characteristic of:
            (A) wet weather events of various degrees of duration and intensity; or
            (B) low flow stream conditions derived on a monthly, quarterly, or annual basis;
        (2) provide increased mass limitations, concentration limitations, or mass and concentration limitations, for publicly owned treatment works (POTW) that:
            (A) are capable of treating wastewater flows that exceed the design flow used to calculate normal water quality based effluent limitations; and
            (B) as a result of the increased limitations, can reduce the volume of discharge of wastewater from plant bypasses or combined sewer overflows; or
        (3) include any factor or combination of factors described in subdivisions (1) and (2).
    (b) The department may require an applicant for an NPDES permit containing at least one (1) of the conditions described in subsection (a) to document, in a reasonable manner, stream conditions and local controls that are germane to a condition described in subsection (a) before the department issues the NPDES permit.
    SECTION 11. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "NPDES" refers to a National Pollutant Discharge Elimination System.
    (b) As used in this SECTION, "combined sewer" has the meaning set forth in IC 13-11-2-31.4.
    (c) The water pollution control board established under IC 13-18-1 shall adopt a rule before September 1, 2001, establishing requirements for community notification by NPDES permit holders of the potential health impact of combined sewer overflows whenever information from any source indicates that:
        (1) a discharge or discharges from one (1) or more combined sewer overflow points is occurring; or
        (2) there is a reasonable likelihood that a discharge or discharges from one (1) or more combined sewer overflow points will occur within the next twenty-four (24) hours.
     (d) Until the rule described in subsection (c) is adopted, an

NPDES permit holder qualifying for a suspension of designated uses and water quality standards under this section must notify one (1) or more news media providing daily news coverage in the community served by the NPDES permit holder and any immediately downstream communities:
        (1) whenever information obtained from the National Weather Service, the permit holder's monitoring system, or any other source indicates that there is a reasonable likelihood that a discharge or discharges from one (1) or more combined sewer overflow points will occur within the next twenty-four (24) hours; and
        (2) whenever information obtained from sources described in subdivision (1) indicates, for each twenty-four (24) hour period subsequent to the twenty-four (24) hour period identified in subdivision (1), that there is a reasonable likelihood that a discharge or discharges from one (1) or more combined sewer overflow points will interfere with attainment of a designated use otherwise applicable to the waters that receive the overflow.
    (e) A notice required under subsection (d) must identify the water bodies likely to be affected by combined sewer discharges and describe, reasonably and succinctly, the potential impacts of the discharges on human health.
     (f) This SECTION expires January 1, 2002.
    SECTION 12. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "combined sewer" has the meaning set forth in IC 13-11-2-31.4.
    (b) As used in this SECTION, "long term control plan" has the meaning set forth in IC 13-11-2-120.5.
    (c) Before July 1, 2000, the department of environmental management shall provide guidance to all combined sewer overflow communities explaining the requirement of the use attainability analysis and the long term control plan to aid communities in determining how to comply with the requirements.
    (d) This SECTION expires January 1, 2001.
    SECTION 13. An emergency is declared for this act.