TITLE 327 WATER POLLUTION CONTROL BOARD
SECOND NOTICE OF COMMENT PERIOD
LSA Document #06-96
DEVELOPMENT OF AMENDMENTS TO RULE 327 IAC 4-1 CONCERNING SEWER BANS
The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to rule
327 IAC 4-1 concerning the restriction of additional flow to overloaded wastewater treatment facilities. By this notice, IDEM is soliciting public comment on the draft rule language. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.
First Notice of Comment Period: May 1, 2006, Indiana Register (29 IR 2686).
SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING
Basic Purpose and Background
This rulemaking is an outcome of recommendations by a workgroup formed in response to a petition to the Water Pollution Control Board (WPCB) by the Save Our Knobs (SOK) and Greenville Concerned Citizens (GCC) organizations who proposed amendment of
327 IAC 5-10. Among the workgroup's conclusions was a recommendation to amend
327 IAC 4-1 to restrict new connections at small wastewater treatment plants found to be discharging insufficiently treated wastewater as a result of poor operation and maintenance. The rule,
327 IAC 4-1, currently gives the commissioner of IDEM the authority to limit new connections to wastewater treatment plants that are hydraulically or organically overloaded. IDEM proposes to amend the rule to grant the commissioner authority to issue a sewer connection ban when a wastewater treatment plant is found to be discharging insufficiently treated wastewater as a result of poor operation and maintenance. Minor corrections to rule language and definitions will also be accomplished in this rulemaking.
IC 13-14-9-4 Identification of Restrictions and Requirements Not Imposed under Federal Law
No element of the draft rule imposes either a restriction or a requirement on persons to whom the draft rule applies that is not imposed under federal law.
Once a sewer ban connection has been imposed, in order for a facility to be released from the sewer connection ban, the facility will be required to improve the operation and/or maintenance deficiencies that resulted in the discharge or bypassing of insufficiently treated wastewater. As these improvements would otherwise be required by the application of already existing regulations, there is no anticipated fiscal impact to this rule.
Public Participation and Workgroup Information
At this time, no workgroup is planned for this rulemaking. If you feel that a workgroup or other informal discussion on the rule is appropriate, please contact Michelle Reeves, Rules Development Section, Office of Water Quality, at (317) 233-8587 or (800) 451-6027 (in Indiana).
SUMMARY/RESPONSE TO COMMENTS FROM THE FIRST COMMENT PERIOD
IDEM requested public comment from May 1, 2006, through May 31, 2006, on alternative ways to achieve the purpose of the rule and suggestions for the development of draft rule language. IDEM received no comments in response to the first notice of public comment period.
REQUEST FOR PUBLIC COMMENTS
This notice requests the submission of comments on the draft rule language, including suggestions for specific revisions to language to be contained in the draft rule. Mailed comments should be addressed to:
#06-96(WPCB)[Sewer Ban]
Michelle Reeves
Rules Development Section
Office of Water Quality
Indiana Department of Environmental Management
100 North Senate Avenue
Indianapolis, Indiana 46204.
Hand delivered comments will be accepted by the receptionist on duty at the twelfth floor reception desk, Office of Water Quality, Indiana Government Center-North, 100 North Senate Avenue, Indianapolis, Indiana.
Comments may also be submitted by facsimile at the IDEM fax number: (317) 232-8636, Monday through Friday, between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Rules Development Section at (317) 233-0426.
Comments must be postmarked, faxed, or hand delivered by January 19, 2007.
Additional information regarding this action may be obtained from Donald Daily, Facilities Inspection Section, Office of Water Quality, (317) 234-2579 or (800) 451-6027 (in Indiana).
Authority:
IC 13-14-8-7;
IC 13-18-4-3
Sec. 1. This article is promulgated in order to prevent the excessive hydraulic
and/or or organic,
or both, overloading of POTWs or semipublic facilities resulting in the subsequent discharge or bypassing of insufficiently treated
sewage wastewater due to:
(1) new sewer connections to; such overloaded POTWs or semipublic
(2) poor operation and maintenance of;
the facilities.
Authority:
IC 13-14-8-7;
IC 13-18-4-3
Sec. 2. In addition to the definitions
contained in
IC 13-7-1, IC 13-1-3-1.5, IC 8-1-2-89, IC 13-11-2, and
327 IAC 1, 327 IAC 2, the following definitions apply throughout this article:
(1) "Combined sewer" means a sewer designed and employed to receive both water-carried and/or liquid wastes and storm and/or surface water.
(2) (1) "Discharge" or "direct discharge", when used without qualification, means a discharge of a pollutant.
(3) (2) "Discharge of a pollutant" means any addition of any pollutant, or combination of pollutants, into any waters of the state of Indiana from a point source in Indiana. The term includes, without limitation, additions of pollutants into waters of the state from the following:
(A) Surface run-off which that is collected or channeled by man.
(B) Discharges through pipes, sewers, or other conveyances which that do not lead to treatment works.
(4) "Effluent limitation" means any restriction established by the commissioner on quantities, discharge rates, and concentrations of pollutants that are discharged or will be discharged from point sources into waters of the state of Indiana.
(5) (3) "Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency.
(6) (4) "Hazardous substance" means any substance designated under 40 CFR 116 pursuant to under Section 311 of the Clean Water Act (CWA), 33 U.S.C. 1321.
(7) (5) "NPDES permit" means a written authorization issued by the commissioner or the EPA to regulate the discharge of pollutants
pursuant to under Section 402 of the CWA,
33 U.S.C. 1342, or corresponding state law (
327 IAC 5).
(8) (6) "Person" means
any of the following:
(A) An individual.
(B) A partnership.
(C) A copartnership.
(D) A firm.
(E) A company.
(F) A corporation.
(G) An association.
(H) A joint stock company.
(I) A trust.
(J) An estate.
(K) A municipal corporation.
(L) A city.
(M) A school city.
(N) A town.
(O) A school town.
(P) A school district.
(Q) A school corporation.
(R) A county.
(S) A consolidated unit of government.
(T) A political subdivision.
(U) A state agency. or
(V) Any other legal entity.
(9) "Point source" means any discernible, confined, and discrete conveyance, including, but not limited to, any:
(A) pipe;
(B) ditch;
(C) channel;
(D) tunnel;
(E) conduit;
(F) well discrete fissure;
(G) container;
(H) rolling stock;
(I) vessel; or
(J) other floating craft;
from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.
(10) (7) "Pollutant" means, but
the definition is not
necessarily limited to:
(A) dredged spoil;
(B) incinerator residue;
(C) filter backwash;
(D) sewage;
(E) garbage;
(F) sewage sludge;
(G) munitions;
(H) chemical wastes;
(I) solid wastes;
(J) toxic wastes;
(K) hazardous substances;
(L) biological materials;
(M) radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended; 42 U.S.C. 2011, et seq.);
(N) heat;
(O) wrecked or discarded equipment;
(O) (P) rock;
(P) (Q) sand;
(Q) (R) cellar dirt; and
(R) (S) other industrial, municipal, and agricultural waste;
discharged into water.
(11) (8) "Publicly owned treatment works" or "POTW" means a treatment works as defined by Section 212(2) of the CWA, which 33 U.S.C. 1292(2), that is owned by the state or a municipality (as defined by Section 502(4) of the CWA, 33 U.S.C. 1362(4)), except that it does not include pipes, sewers, or other conveyances not connected to a facility providing treatment. The definition term includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or compatible industrial wastes. "POTW" The term also means the municipality, as defined by Section 502(4) of the CWA, including, without limitation, a city, town, county, or other public body created by or pursuant to under state law which that has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
(12) (9) "Sanitary sewer" means a sewer that:
(A) conveys liquid and water-carried wastes from:
(i) residences;
(ii) commercial buildings;
(iii) industrial plants; and
(iv) institutions; and to which
(B) storm, surface, and ground waters are not intentionally allowed to enter.
(13) (10) "Semipublic facilities" means a treatment works as defined by Section 212(2) (33 U.S.C. 1292(2)) of the CWA, 33 U.S.C. 1251, et seq., in effect on November 13, 1991, that is not a POTW, is not state or federally owned, or is not an industrial wastewater treatment plant as defined by
327 IAC 8-12-2(b). Semipublic facilities include, 327 IAC 5. The term includes, but
are is not limited to, the following:
(A) Rural sewage disposal services provided by sewage disposal companies as defined by
IC 8-1-2-89(a)(2).
(B) Trailer or mobile home parks.
(C) Commercial or shopping centers.
(D) Housing developments.
(E) Truck stops.
(F) Restaurants.
(G) Schools.
(H) Campgrounds.
(14) (11) "Sewer" means a pipe or conduit that carries wastewater or drainage water.
(15) (12) "Source" means any:
(A) building;
(B) structure;
(C) facility; or
(D) installation;
from which there is or may be a discharge of domestic sewage or other wastewater into a semipublic facility or POTW.
(16) (13) "Wastewater" means liquid or water-carried wastes from:
(A) industrial;
(B) municipal;
(C) agricultural; or
(D) other;
sources.
(17) (14) "Water pollution treatment/control facility" means any equipment, device, unit, structure, etc., that is used to control, prevent, pretreat, or treat any discharge or threatened discharge of pollutants into any waters of the state of Indiana, including surface and subsurface waters and public or private sewerage systems. The term includes, but is not limited to, the following:
(A) Treatment facilities.
(B) Combined sewers.
(C) Sanitary sewers.
(D) Lift (pumping) stations.
(18) (15) "Waters of the state of Indiana" or "waters of the state"
means such accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof, which are wholly or partially within, flow through, or border upon this state, but the term does not include any private pond or any off-stream pond, reservoir, or facility built for reduction or control of pollution or cooling of water prior to the discharge unless the discharge therefrom causes or threatens to cause water pollution. has the meaning set forth at IC 13-11-2-265.
Authority:
IC 13-14-8-7;
IC 13-18-4-3
Sec. 3. Whenever, in the determination of the commissioner, a semipublic facility or POTW has reached or is approaching ninety percent (90%) of its
maximum hydraulic or organic design capacity, the commissioner shall notify the semipublic facility or POTW that it may be necessary, because of such condition, to impose a sewer connection ban if action is not taken by the semipublic facility or POTW to accommodate additional flow or loading.
Such The notification shall be:
(1) by certified mail, return receipt requested; and shall be
(2) directed to the:
(A) principal executive officer;
(B) ranking elected official; and/or the or
(C) authorized agent;
of the semipublic facility or POTW.
Failure of the commissioner to provide such the notification to the semipublic facility or POTW shall not preclude the imposition of a sewer connection ban as authorized by this article.
327 IAC 4-1-4 Imposition of sewer connection bans
Authority:
IC 13-14-8-7;
IC 13-18-4-3
Sec. 4. (a)
The commissioner may impose a ban on further sewer connections to the semipublic facility or POTW whenever, in the determination of the commissioner:
(1) hydraulic or organic overloading of a semipublic facility or POTW exists or is impending and the introduction into the semipublic facility or POTW of additional wastewater from new or existing sources is likely to result in the discharge or bypassing of insufficiently treated sewage, the commissioner may impose a ban on further sewer connections to the semipublic facility wastewater; or POTW.
(2) poor operation and maintenance practices have, or are likely to, result in the discharge or bypassing of insufficiently treated wastewater.
(b) Such The sewer connection ban shall prohibit the connection or introduction of additional wastewater or sewage into the semipublic facility or POTW, except as otherwise provided under this article.
(Water Pollution Control Board; 327 IAC 4-1-4; filed Sep 24, 1987, 3:00 p.m.: 11 IR 613; filed Mar 2, 1994, 5:00 p.m.: 17 IR 1617; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518)
327 IAC 4-1-6 Grounds and procedures for obtaining waivers of sewer connection bans
Authority:
IC 13-14-8-7;
IC 13-18-4-3
Sec. 6. (a) Requests for connections from new or existing sources to a semipublic facility or POTW where a sewer connection ban is in effect may be approved if it is determined by the commissioner that any of the following conditions exist:
(1) The:
(A) connection will eliminate an existing health hazard; and the
(B) resulting public health benefit is considered to outweigh the adverse impact of any reduction in the effluent quality from the semipublic facility or POTW.
(2) A semipublic facility or POTW expansion project:
(A) is under construction; and
(B) will be completed in such time as to accommodate such the new connections.
(3) An equivalent amount of infiltration or wastewater is removed from the sewage system, thus assuring that the additional wastewater will receive treatment.
(4) The commissioner is assured that additional water pollution treatment/control facilities, such as chemical feed equipment, will be provided such that the effluent from the semipublic facility or POTW will not deteriorate beyond its present quality.
(5) Other assurances are provided that the additional sewage wastewater to be discharged into the semipublic facility or POTW shall receive adequate treatment.
(b) Requests by POTWs for the waiver of a sewer connection ban for new or existing sources should be submitted by the principal executive officer or ranking elected official of the POTW to the commissioner. Requests by semipublic facilities for the waiver of a sewer connection ban for new or existing sources should be submitted by the owner, chief executive officer, or authorized agent or representative of the semipublic facility to the commissioner. The request for waiver of a sewer ban should contain, at a minimum, the projected:
(1) flow and pollutant loadings from the proposed connection or connections; and the projected
(2) impact upon the semipublic facility or POTW.
327 IAC 4-1-7 Grounds for termination of sewer connection ban
Authority:
IC 13-14-8-7;
IC 13-18-4-3
Sec. 7. A sewer connection ban may be terminated by the commissioner when
any either of the following exist:
(1) A demonstrated sewage wastewater treatment facility improvement to meet applicable NPDES permit limitations has been completed. or
(2) It is demonstrated to the satisfaction of the commissioner that an existing hydraulic/organic overloaded condition has been or will be discontinued for a continuous period of twelve (12) months from the date additional connections will be made.
Posted: 12/20/2006 by Legislative Services Agency
DIN: 20061220-IR-327060096SNA
Composed: May 07,2024 6:22:10PM EDT
A
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