Section 327IAC2-1-3.1. CSO wet weather limited use designation

  1. (a) The CSO wet weather limited use subcategory established under section 3 of this rule shall be applied only to waters receiving wet weather discharges from combined sewer overflows.

  (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 review the UAA concurrently with the LTCP if they are submitted concurrently. The department shall 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 shall:

(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.

(Water Pollution Control Division; 327 IAC 2-1-3.1; filed Sep 6, 2007, 12:25 p.m.: 20071003-IR-327050218FRA)