On April 9, the Indiana Department of Environmental Management published a final draft CSO Long-Term Control Plan and Use Attainability Analysis Guidance Document for public comment. Indiana law required this document to be finalized on Oct. 1, 2000.

The document is a significant improvement from the Oct. 2, 2000 draft version. However, it still does not:

• Require any public participation in the development of the document;

• Clearly define a sensitive area (the draft definition is so vague that it cannot be enforced);

• Promote community right-to-know of overflows; and

• Provide a process for citizens to challenge the plan.

Despite these concerns, the plan provides a much improved definition of “existing uses.” Existing uses must be maintained without regard to cost. If surface water was used for recreation that use must be protected even if the water was contaminated at the time or the activity prohibited. The guidance also crafts a creative balance between the “knee-of-the-curve” and the “substantial and widespread social and economic hardship” tests.