Indiana Clean Water Coalition - Sewage in Our Streams Newsletter

This newsletter is written and edited by Tom Neltner of Improving Kids’ Environment on behalf of the Indiana Clean Water Coalition. For information about the newsletter articles, please contact Tom Neltner at mccabe@ikecoalition.org or 317-442-3973. Click here for a version in Word.

The Coalition has the following databases on-line for you.

1. 6500 Sewage Bypasses and Overflows from 1997 to May 2002 Searchable by:

· County, or

· Facility or Community.

2. 11,000 Sewer and Wastewater Treatment Facility Construction Permits from 1993 to June 2002 Searchable by:

· County;

· City or Town;

· Wastewater Treatment Plant or Facility; or

· Engineering Firm Preparing Application.

Please contact Tom Neltner if you want a particular query transferred to Word or Excel for you.

Confined Animal Feeding Operation Permits:

Sixteen confined animal feeding operations (CAFO) in 12 counties across Indiana had such a poor track record that IDEM will issue National Pollutant Discharge Elimination System (NPDES) permits for them. These NPDES permits are unusual because they are the only ones in Indiana that actually eliminate the discharge of wastewater or sewage. All other NPDES permits authorize the discharge of pollutants.

IDEM is issuing permits for these facilities because the facilities experienced and reported significant spills since the state’s CAFO rule became effective. The facilities are in the following counties Adams, Clay, Delaware, Dubois, Fulton, Gibson, Hamilton, Martin, Montgomery, Newton, Randolph, and Shelby.

IDEM requested comments on the draft NPDES permits by January 13, 2003. The draft permits were based on a permit issued to McGrady Hog Farm #1 in Fountain County in October 2002. For a copy of the draft permit, click here. Hoosier Chapter of the Sierra Club and the Hoosier Environmental Council submitted extensive comments. Thanks to John Ulmer and Rae Schnapp for the work on the comments.

Since the permits prohibit discharges, the CAFO NPDES permits impose management standards on the facilities to ensure that they do not have a discharge. Unfortunately, many of the draft permit requirements are so ambiguous that they would be difficult for IDEM to enforce. HEC and Sierra Club called upon IDEM to write requirements that were specific and clear enough to prevent discharges in all but the most extreme circumstances.

HEC and Sierra Club also challenged IDEM’s decision to withhold the name and location of the facilities from its statewide notices. IDEM attempted to withhold this information based on its interpretation of the Homeland Security Act. It is difficult to give detailed, site-specific comments when you do not know even the location of the facility or what watershed it might discharge into. Both organizations requested that IDEM reevaluate its interpretation of the Homeland Security Act.

Save the Valley Wins Again in the Battle Against CAFOs

In a separate but related matter, on September 17, 2000, the Federal District Court ordered IDEM to issue NPDES permits for 550 CAFOs by January 16. If IDEM did not, the court ordered EPA to begin the process of withdrawing its approval of IDEM’s NPDES permitting authority – not just for CAFOs but for all permits. On January 13, 2003, the court issued a stay and gave IDEM until mid-May to comply. If IDEM does not comply, the court directed EPA to commence withdrawal proceedings within 30 days after IDEM does not comply with the order and schedule a public hearing within 60 days.

Copies of the court decisions are available at http://www.insd.uscourts.gov/caseinfo.htm. Look up Save the Valley, Inc. v. Environmental Protection Agency. Thanks to attorney Scott Treadway and plaintiffs Thomas and L. Jae Breitweiser for their success in reducing sewage in our streams.

Draft Rule on General Permits for CAFOs

In the February 1, 2003 Indiana Register, IDEM issued a draft rule for public comment. The rule gives CAFOs the option of pursuing a general NPDES permit instead of an individual permit. More than 500 CAFOs will be impacted by the rule.

IDEM must receive the comments by March 3, 2003. The Water Pollution Control Board will consider the draft rule and proposed changes at its April 9 meeting. IDEM will discuss the issue with the Board at the Board’s February 12 meeting.

In order to meet the mid-May court deadline, the Board may adopt the rule as an emergency rule. provides for a general permit for CAFOswill begin the rulemaking process to develop general permits for CAFOs. In order to meet the court deadlines, it may need to issue emergency rules until that process is complete. IDEM may also begin the process of issuing 550 CAFO NPDES permits. Hopefully, IDEM will improve its permits consistent with HEC’s and Sierra Club’s comments as noted above.

E. coli and the Triennial Review

IDEM has formed workgroups to evaluate different aspects of the triennial review of Indiana’s water quality standards. One of the workgroups is focused on E. coli. Click here for a copy of the Workplan. IDEM has asked the workgroup to address the following seven issues.

1. E.coli - Seasonal Vs. Year Round Disinfection

2. E.coli – Options for daily max, monthly average and/or monthly percentage

3. E.coli – Should Best Available Technology limits be established?

4. Should application of the E.coli criteria be the same throughout the state?

5. Should standards for standards for E.coli, be established for Waste stabilization lagoons?

6. Full body contact designation – Should different risk levels/different criteria be applied to various types of waters?

7. Are other E.coli testing methodologies appropriate?

The schedule calls for the workgroup to have draft rule language ready by September 2002.

CSO Right-to-Know Rule Passes

At long last, the general public will have a right to know when a combined sewer overflow occurs in their neighborhood. Before February 2004, communities with combined sewer overflows will have to notify the public when a CSO occurs. Hopefully, many communities will act sooner.

On January 8, 2003, the Water Pollution Control Board adopted the CSO Right-to-Know rule. The rule is likely to be effective in April – at the beginning of the recreation season. Combined Sewer Overflow communities will have six months to prepare a “CSO Notification Procedure.” They must immediately begin to implement the procedure and have it fully implemented within 90 days. Click here for a copy of the rule as adopted.

Improving Kids’ Environment and Hoosier Chapter of the Sierra Club supported the rulemaking but called on the Board to direct IDEM to begin a similar rulemaking to notify the public of sanitary sewer overflows and treatment plant bypasses. Since 1997, Hoosier public owner treatment plants have more than 5300 of these events yet provided little or no public notice despite immediately notifying IDEM. See the Coalition’s searchable database for details on your community. IDEM offered to make a presentation at the Board’s March meeting to provide a status report on these events and the need for public notification.

$10.3 Billion to Reduce Sewage in Our Streams

At the January 27, 2003 Senate Environmental Affairs Committee hearing, Dr. Greg Lindsey of Indiana University presented his report on the Financial Needs for Wastewater and Water Infrastructure in Indiana. The report was written for the Indiana Advisory Commission on Intergovernmental Relations and IU’s Center for Urban Policy and the Environment.

The report calls for a total investment of $12.4 to $13.9 billion in five areas in the next 20 years: combined sewer overflows corrections ($5.5 billion); wastewater conveyance and treatment needs ($3.3 to $3.8 billion); remediation of failing septic systems ($1.5 to $2.3 billion); stormwater management needs ($0.5 billion); and $1.7 bill for drinking water distribution and treatment.

Dealing with sewage in our streams and neighborhoods will take more than $10.3 billion – more than 83% of the total infrastructure needs.

The $5.5 billion estimate for combined sewer overflows is based on an EPA study. That massive investment will only capture 85% of the total flow through the sewer systems. The percent reduction in sewage overflows will be much less. In general, an 85% capture rate represents about 12 days per year of sewage overflows with e. coli levels far in excess of acceptable levels for any kind of use for 36 days per year.

The State will need between $3.3 and $3.8 billion to meet other sewer and wastewater treatment needs. Fixing failing septic systems will cost and additional $1.5 to $2.3 billion.

Totals like these can be overwhelming. However, it represents about $8 per month per Hoosier over the 20 years - a reasonable sum to keep our children and their children from playing in sewage.

The investment represents a legacy of neglect. Most cities stopped installing combined sewers 50 years ago. The $5.5 billion for CSOs will primarily go to accommodating the new flow from the growth of Indiana’s suburbs during the past 50 years. As originally installed, most combined sewers could handle 85% capture.

Like CSOs, until recently septic systems also have been neglected. Septic systems continue to be installed in soils that cannot handle the loading for more than a few years or in lots that do not allow the absorption field to expand. Few provisions have been made to offset the costs when a homeowner needs to replace the system.

Fixing the legacy will only work if we change the policies that got us here in the first place. Septics are still being installed where they should not be. IDEM and the cities continue to approve sewer connections that increase sewage in our streams.

Fortunately, legislation in recent years has softened the blow to families with failing septic systems but the impact is still there – both on public health and the stability of the neighborhood.

Funding to Deal with Water and Wastewater Infrastructure

Two bills in the Indiana General Assembly – SB-327 by Senator Gard and HB-1690 by Rep. Weinzapfel – take positive steps to finding the necessary funds to deal with the tremendous financial needs communities have for wastewater and water treatment. Senator Gard’s bill establishes a new quasi-government corporation to more effectively leverage and administer the state revolving loan fund. The fund is now jointly operated by the IDEM and the State Budget Agency. Rep. Weinzapfel’s proposal puts the responsibility in the Indiana Development Finance Authority.

The Hoosier Chapter of the Sierra Club supports both proposals. The Chapter believes that a quasi-government agency will have the flexibility it needs to leverage the funds and the accountability that is needed to ensure that the state’s long-term wastewater and water infrastructure needs are addressed. Details still need to be worked through to ensure that the funding simply does not subsidize urban and suburban sprawl.

On Wednesday, January 29, Rep. Weinzapfel’s HB-1690 was passed out of the House Environmental Affairs Committee.

No Net Increase in Sewage Overflows Policy Stuck

After a year of negotiations, the issue has become clear. In essence, IDEM does not believe it can deny a sewer connection permit unless the new flow would clearly cause a violation of the municipality’s NPDES permit.

While stakeholders uniformly acknowledge that new sewer connections will increase wet-weather overflows and, in some cases, dry weather overflows, the negotiations have stalled because of IDEM’s interpretation of its authority. IDEM does not believe that increasing the frequency and duration of combined sewer overflows violates NPDES permit conditions. It maintains this position despite three basic requirements:

1. Most NPDES permits require municipalities to minimize the discharge of excess pollutants. Voluntarily accepting new flow that will result in the discharge of more pollutants violates this condition.

2. Most NPDES permits require that combined sewer overflows meet narrative and numeric water quality standards. Yet, a CSO is virtually assured of exceeding both types of standards especially at the low capture rates most CSO communities have. IDEM used its enforcement discretion to indirectly declare these violations as permissible.

3. The sewer connections increase the degradation of the more than 450 streams segments already declared impaired by IDEM. Law prohibits increasing the degradation of these streams.

The Coalition hopes that the Board will begin rulemaking to address IDEM’s interpretation and, in the interim, adopt a non-rule policy document to prevent this abuse of discretion. The Board will discuss the issue at its February 12 and March 8 meetings.

City of Columbus LTCP

The City of Columbus has developed an intriguing draft CSO Long-Term Control Plan. The City acknowledged that people used the East Fork of the White River for swimming. As a result of this recognition that the law protects existing uses as well as the community’s commitment to protecting public health, the City must eliminate CSOs. It came up with a two-part plan. In the first part, the City will dramatically reduce the overflows with a 15 million gallon equalization basin. Once this change is in place, it will evaluate the system to determine what steps are needed to eliminate the overflows. Good work so far!

Thanks for improving kids' environment! If you have any questions or comments about this newsletter, the Indiana Clean Water Coalition or Improving Kids’ Environment, contact Tom Neltner at mccabe@ikecoalition.org, 317-442-3973 or 5244 Carrollton Avenue, Indianapolis, IN 46202-3181. Please let us know if you do not want to receive this newsletter. You may get enough emails and faxes already. We do not want to add to the burden if you are not interested in receiving the materials.

IKE publishes two additional newsletters on a quarterly basis. Let Tom Neltner at mccabe@ikecoalition.org know if you want to get copies of either of those newsletters.

§ “Improving Kids’ Environment” newsletter. This newsletter deals with all issues and events IKE is involved in. To avoid duplication, topics dealt with in this newsletter or the “Sewage in Our Streams” newsletter are only briefly mentioned.

§ “Indiana Lead-Safe & Healthy Homes” newsletter on behalf of the Indiana Lead-Safe Task Force. This newsletter deals with issues and events involving lead-poisoning and healthy homes in Indiana.

Tom Neltner
Improving Kids' Environment

5244 Carrollton Ave.

Indianapolis, IN 46202-3181
317-442-3973 or 317-283-5648
Fax: 866-234-8505
www.ikecoalition.org

mccabe@ikecoalition.org