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IKE Sewage in Our Streams Newsletter

February 2002 Edition 

This is the first edition of IKE's Sewage in Our Streams Newsletter (Word Version).  IKE has decided to publish this newsletter in email and fax format.  The goal is to get information out in a more timely manner but to use a short format to make it easier to get done.  Since we operate on a shoestring budget, we plan to rely on email and website distribution.  For more information.

Please let Tom Neltner (editor) know what you think, add articles, or, if you really want hard copy, ask for a fax version.  If you don't request a copy, you may not be sent the next edition.  We welcome your feedback!  

• BOARD ACCEPTS "NO NET INCREASE IN SEWAGE OVERFLOWS" POLICY:  The Indiana Water Pollution Control Board unanimously accepts the hearing officer's recommendations on IKE's "No Net Increase in Sewage Overflows" citizen's petition.  Environmental groups across Indiana helped garner over 350 signatures - almost twice as many as needed to get a hearing.  Glenn Pratt, Betsy Quinn and Bruce Jones were particularly helpful.  The goal of the petition was to get state construction permitting rules changed to ensure that new sewer connections did not increase the frequency, duration or volume of overflows.  IKE believed that the existing rules required this policy but IDEM was not following the rules.  In essence, the Board agreed and said new rules were not needed and directed IDEM to adopt a non-rule policy document explaining how it will properly implement the rules.  For more information on the petition.  The timeline was as follows:
  • IKE presented petition to Board on Sept. 12, 2001.  Board unanimously accepted petition and appointed small business Board member Dave Wagner to conduct hearings.
  • Mr. Wagner conducted five hearings - in Valparaiso, Auburn, Indianapolis, Evansville, and Jeffersonville - in early November.   There were 127 attendees, 66 oral presentations, 29 written comments, and 47 letters from Arsenal Tech High School in Indianapolis.  Thanks to Mr. Wagner for this tremendous effort to provide an opportunity to participate to citizens across the state!
  • Mr. Wagner submitted hearing officer's report to Board.  The report asked IDEM to present a draft policy to the Board at the Board's March 13, 2002 meeting.  The report was unanimously accepted by Board.  Mr. Wagner also prepared a draft policy to facilitate the process.  The policy is excellent!

  • IDEM held its first public discussion forum to seek input on the policy on Feb. 4, 2002.  A second meeting is scheduled for March 7, 2002 at 10:30.   

• IDEM PUBLISHES DRAFT CSO RIGHT-TO-KNOW RULE:  IDEM published a draft CSO right-to-know rule in the February 1, 2002 Indiana Register.  Comments will be accepted until March 2, 2002.  IKE submitted its comments on February 9, 2002.  The Water Pollution Control Board will hold a public hearing on the rule on April 10, 2002.  The draft rule was the consensus work product of an IDEM workgroup that met four times between August and December 2001.  SEA-431 required that the rule be finalized by September 1, 2001.  Better late than never and the draft rule was worth the wait - almost!  Nice work, Reggie Baker and MaryAnn Stevens.  The draft rule would require CSO communities to:
  • Notify people who are most likely to be exposed to waterborne pathogens through direct contact or ingestion of water affected by a CSO when a CSO is occurring or is reasonably likely to occur in the next 24 hours.
  • Notify health departments and drinking water supply companies within 10 miles downstream of the CSO point.
  • Develop a CSO Notification Procedure and submit it to IDEM.
  • Post signs (or offer to post signs on private property) at downstream recreation areas.  
  • Invite people within 1 mile of a CSO point to get on a registry to receive the notice.

  • Report monthly to IDEM whenever a notice was not given.

• EPA ACCEPTS IKE'S CIVIL RIGHTS COMPLAINT AGAINST INDY:  On Oct. 12, 2001, EPA accepted IKE's administrative civil rights complaint for investigation.   At the time, EPA had only accepted 15 complaints and this complaint was the first related to the operation of sewer systems.  The complaint was filed on Oct. 19, 2001 by the IKE, Concerned Clergy of Indianapolis, Hoosier Environmental Council, Sierra Club - Heartlands Group, and Mapleton-Fall Creek Neighborhood Association.  The complaint alleges that the City of Indianapolis operated its sewer system that resulted in a disproportionate impact of sewage overflows in minority communities.  For more information.  
  • After considering its options, IKE and the other complainants agreed to have EPA suspend its investigation if EPA, IDEM, and the City would meet with the complainants after their monthly negotiations to discuss citizen concerns.   
  • The first meeting was held on Dec. 12, 2001.  The discussion was constructive for an initial session.  See complainant's summary of the meeting.  
  • The second meeting was held on Jan. 31, 2002.  It was very productive.  The City agreed to:
    • Implement a CSO right-to-know program in April or May 2002
    • Conduct a Use Attainability Analysis consistent with IDEM guidance.
    • Address a long-standing odor problem at 34th and Sutherland near Fall Creek.
    • Consider adopting a progressive policy regarding sewer connections to address increasing sewage overflows.  While the City's sewer connection approval rate has dropped off considerably in 2001 due to the recession, 16 connections were approved for 110 units and 284,810 gallons per day of sewage with a peak flow.  This additional flow is likely to increase the frequency, duration and volume of overflows.   

  • The third meeting will be March 6, 2002 at 2:00. 

• IDEM PUBLISHES STATUS OF 105 CSO COMMUNITIES:  On Jan. 8, 2002, IDEM published and updated report on the status of Indiana's 105 CSO Communities.  Compare it to the old report - just click on the results page.  Thanks Reggie Baker!

• IDEM GUIDANCE FINALIZED:  On Sept. 17, 2001, the Indiana Department of Environmental Management published its Combined Sewer Overflow (CSO) Long-Term Control Plan (LTCP) and Use Attainability (UAA) Guidance in September 2001.  It was effective on December 14, 2001.  Overall, the guidance is excellent!  Key provisions:
  • Limits the definition of sensitive areas from the April 30, 2001 draft.  
  • Explains the practical differences between the knee-of-the-curve in the LTCP and the financial hardship limits in the LTCP and UAA.  
  • Defines an existing use by essentially presuming a recreational use when children can have safe access to the water body.

  • Requires the financial hardship analysis to cover the entire service area not selected neighborhoods or sub-political boundaries.  

• EPA FINES NEW ALBANY:  On Jan. 16, 2002, EPA finalized its amended consent decree to stop sanitary sewer overflows and bypasses from New Albany, Indiana - just across the Ohio River from Louisville.  See Jan. 16, 2002 Federal Register.  The City violated terms of a 1993 Consent Decree with EPA.  As a result, the City must pay $180,000 and develop and implement a capacity assurance plan to ensure that the sewer system can handle a 5-year rainstorm.  

• SIERRA CLUB FILES NOTICE ON CINCINNATI:  On Dec. 20, 2001, the Sierra Club filed a notice of intent to sue Hamilton County and the City of Cincinnati to stop sanitary sewer overflows.  Good move Miami Group.

• EPA REPORT TO CONGRESS:  On Jan. 29, 2002, EPA publishes report to Congress on implementation and enforcement of the CSO control policy.   Congress set a Sept. 1, 2001 deadline for the report.  The next report deadline is Dec. 2003.  It is a massive report that includes extensive tables and charts.  Appendix B has a state-by-state summary and Appendix D has a list of all 859 CSO communities.  See table at end of newsletter for a table comparing states.  Highlights of the report: 
  • 30% of 859 CSO communities have a population of less than 10,000 people.  
  • 30% have population over 75,000 people.
  • Estimated annual discharges - 1,260,000,000 gallons of sewage, industrial wastewater, and stormwater.  This is 12% less than in 1994.
  • States report that between 1 and 8% of impaired water bodies is due to CSOs.  Indiana did not provide an estimate.  
  • Natural Resources Defense Council reported that sewage spills and overflows accounted for 2,230 beach closing.

  • 9 cities, including Indianapolis, have more than 100 CSO points.  Pittsburgh is tops with 217.  Indianapolis has 133 CSO points. 

• HOW MUCH IS A 5-YEAR STORM?  Many CSO communities and citizens have asked how much rain must be managed under the 5-year management goal in IKE's No Net Increase in Sewage Overflows Policy (and in EPA's Consent Decree with New Albany).  Attached is a summary that IKE developed for Marion County courtesy of Purdue University.  Check out the database. 

  Marion County	1-year	5-year	10-year
  0.5 hour	0.93”	1.36”
  1 hour	1.20”	1.75”
  2 hour	1.47”	2.11”
  3 hour	1.53”	2.27”
  6 hour	1.87”	2.71”
  12 hour / ½ day	2.21”	3.21”
  24 hour / 1 day	2.56”	3.73”
  48 hour / 2 day	2.68”	3.94”
  72 hour / 3 day	2.93”	4.27”	5.04”
  5 day	3.39”	4.86”	5.66”
  10 day	4.34”	6.07”

• IS EPA CSO CONTROL POLICY ENFORCEABLE?  In the appropriations for fiscal year 2001, Congress requires that each permit, order or decree issued after Sept. 2000 for a discharge from a municipal combined storm and sanitary sewer shall conform to the CSO Control Policy signed by the Administrator on April 11, 1994.  Under that policy, the nine minimum controls must be in place by January 1, 1997.
   

  Selected Statistics from EPA Report to Congress on Combined Sewer Overflow Control Program - January 29, 2002
  Region	State	# CSO Communities	# Outfalls	% with NMC Req.	% with LTCP Req.	# with Draft LTCP	# with Approved LTCP
  3	Pennsylvania	155	1662	98.7%	92.9%	55	24
  5	Indiana	107	898	86.9%	81.3%	5	0
  5	Illinois	107 / 52*	813	57%	N/A	?	?
  5	Ohio	93	1421	82.8%	66.7%	25	9
  2	New York	74	1098	97.3%	44.6%	?	?
  3	West Virginia	58	776	100%	100%	16	1
  5	Michigan	52**	297	100%	98%	48	48
  Total Top 6		646 / 75%	6965	* 56 are part of Chicago Tunnel * 20 are part of Metro Detroit
  Total Nation (32 states)		859	9471	86%	65%	292	163
  Other States Adjacent to Indiana or in Region 5
  5	Minnesota	3	9	100%	100%	3	3
  5	Wisconsin	2	123	0%	N/A	?	?
  4	Kentucky	17	299	76.5%	76.5%	6	6
  NMC = Nine Minimum Controls / LTCP = Long Term Control Plan