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Photo courtesy John Winters

Thanks to The Boren Foundation, and Jack and Karen Kay Leonard for making this website possible. 

CSO "No Net Increase" Petition - Step 1 Unanimous

On September 12, 2001, the Indiana Water Pollution Control Board accepted the CSO "No Net Increase in Sewage Overflows" citizens petition for rulemaking. The vote was 9-0.

This vote only means that they agreed that the petition met the criteria laid out in the law. By accepting the petition, they are only agreeing to hold a hearing on the petition. Based on the results of the hearing, we hope that the Board will direct IDEM to issue a first notice of rulemaking - the first step in the four step rulemaking process.

Board member, Dave Wagner, agreed to serve as hearing officer. I am pleased with his selection. Dave has an excellent grasp of the issue and will ensure that all sides are fairly heard. There will be between 3 to 5 hearings. Most likely locations will be Northwest Indiana, Fort Wayne, Indianapolis, and one southern location to be determined. The hearing are most likely to be held in the next month - although the schedule still needs to be set. IDEM volunteered to provide administrative support for the hearings. Thanks to Dave and IDEM!

Concerns have been raised about the exact language of the amendment. We need to address those concerns through the rulemaking process. These concerns include:

  • Is a five-year rainfall the best basis for evaluating whether there is no net increase?
  • Do we need an exemption for homes or neighborhoods connecting because of failing septic systems?
  • What are the compliance methods and what is the overall cost of complying with the rule?
  • How will a CSO community be able to certify compliance?
  • How does the proposal fit with existing sewer connection ban and early warning notices?
  • How does this compare with standards for connections to sanitary sewers?

For the latest information on the Petition.  For background information.