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 him at mccabe@ikecoalition.org or 317-442-3973. Click here for a version in Word.

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

1. 6,500 Sewage Bypasses and Overflows from 1997 to May 2002

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

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

CSOs - 10 Billion Gallons in First 8 Months of 2002

Improving Kids’ Environment obtained IDEM’s database for combined sewer overflows that occurred during the first 8 months of 2002. 104 CSO communities reported 9.9 billion gallons in CSO discharges. Indianapolis contributed 2 billion to the total.

Fort Wayne still does not report as required by its permit. It claims that it does not have to undergo the expense of estimating the overflows because it is operating pursuant to a consent decree with EPA Region 5 and that EPA does not mandate reporting. In its draft Long-Term Control Plan, Fort Wayne estimated CSO discharges of one to two billion gallons annually.

SSOs and Bypasses – Better than CSOs But Still 1 Billion Gallons for 2002

Improving Kids’ Environment obtained an update of IDEM’s database on sanitary sewer overflows and treatment plant bypasses. Dry weather combined sewer overflows are also included but few are reported.

Sanitary sewer overflows are typically raw sewage with little, if any, stormwater dilution. Bypasses usually occur after solids are removed from raw sewage and should only occur during wet weather. Unfortunately, IDEM’s database does not distinguish between SSOs and bypasses.

Please contact Tom Neltner at mccabe@ikecoalition.org or 317-442-3973 if you are interested in information for a particular facility or county.

Here are the totals for 2002:

q 2005 events reported

o 250 facilities reported events.

o 59 facilities had more than 10 events.

o Indianapolis reported 201 events.

o Anderson had 112 events.

o Milan, Sellersburg and Lafayette had more than 50 events each.

o St. John’s Evangelical Lutheran School in Marion County had 33 events - the most for a non-municipal facility.

o 33 events were from 17 industrial facilities.

q 1,009 million gallons reported.

o 19 facilities reported more than 10 million gallons released.

o 59 facilities reported more than 1 million gallons released.

o Anderson topped the list with 317 million gallons released.

o Greenfield, New Albany and Lowell reported more than 50 gallons released.

o Greencastle, Crawfordsville, Terre Haute, Fort Branch, Milan, Hammond and Elkhart reported between 20 and 50 million gallons released.

o Of facilities with more than 10 events, only Plainfield, St. Johns School, Brazil, Clay City, Albany, Cedar Lake, Dillsboro, and Paoli were unable to estimate the gallons released.

The number of events and the gallons reported exceed previous years.

Despite pleas from the environmental community, IDEM and the Water Pollution Control Board have not committed to adopting rules that require the public to be notified of these events even though these events probably pose a greater threat to public health than CSOs. IDEM initially suggested waiting on EPA to act because EPA was planning to publish its own rule as part of its capacity, maintenance, operation and management program for sanitary sewer systems. But EPA appears to have decided hold off on those rules for the near term. The environmental community continues to ask for the public to be notified.

IDEM Adopts a Sewer Connection Policy Over Environmental Community’s Objection

On April 9, 2003, the Water Pollution Control Board heard presentations by IDEM, the municipalities and the environmental community on IDEM’s proposed non-rule policy documents regarding sewer connections and combined sewer overflows. The environmental community asked the Board to:

q Direct IDEM to begin rulemaking to resolve ambiguities in current regulations and to ensure that sewer connections do not increase sewer overflows; and

q Direct IDEM to revise its non-rule policy document according to the following principles:

o CSOs are not authorized discharge points since they do not comply with water-quality based effluent limitations; and

o Wastewater treatment/control facilities include public and private sewer systems.

Despite a request from Board member and hearing officer Dave Wagner to begin rulemaking, the Board directed IDEM to develop alternatives to resolve problems in the regulations but gave no direction whether sewer connections could increase sewer overflows. The Board’s counsel advised the Board that it had no legal authority over IDEM’s interpretations of the Board’s rules. IDEM was not obligated to follow the Board’s decisions on non-rule policy documents. As a result, the Board took no position on the document.

Representatives from IKE, Sierra Club, Hoosier Environmental Council and Audubon Society made the presentation on behalf of the environmental community.

Sewer connections permits are governed by 326 IAC 3-6-7. IDEM is required to deny a permit unless the applicant submits evidence on 5 points. The key point is the item #2 which requires evidence that “sufficient capacity exists in the receiving water pollution treatment/control facility to treat the additional daily flow.”

326 IAC 3-1-2(24) defines a “water pollution treatment/control facility” to mean “any equipment, device, unit, or structure at a site that is used to control, prevent, pretreat, or treat any discharge or threatened discharge of pollutants into any waters of the state of Indiana including public or private sewerage systems.” (emphasis added)

IDEM interprets that definition to exclude public and private sewage systems. In the document, IDEM states that “[w]ater pollution treatment/control facility refers only to wastewater treatment plant and does not include the sewer system (observe that there are separate definitions for “water pollution treatment/control facility” and “sanitary sewer” in 327 IAC 3-1-2 and the language “water pollution treatment/control facility or sanitary sewer” in 327 IAC 3-2-1)”

Municipalities believe that the Board did not intend that a "water pollution treatment/control facility" includes the sewer systems. "Water pollution treatment/control facility" and "collection system" are both referenced in the rule. In section 4, the Board makes a distinction between the "sanitary sewer or collection system that is the subject of the construction permit" and the "water treatment/control facility" it connects to. Therefore, municipalities believe, the intent of the Board is clear and should override a definition elsewhere in the rule

The environmental community’s position is that the definition expressly includes public sewerage systems. The redundancy in 3-2-1 is insufficient to overcome the clear language in the definition. The requirement was intended to ensure that the new sewage flow was treated. It gives IDEM no basis to distinguish between wet weather and dry weather events or between sanitary or combined sewers. IDEM must require evidence that the sewage will be treated.

CSO Right-to-Know Rule – Next Steps

Currently, only Indianapolis notifies the community in any manner when a CSO discharges sewage into the stream. In the Spring of 2004, residents of other CSO communities will finally be told when and where combined sewer overflows occur. The CSO public notification rule will be effective on May 9, 2003. The 105 CSO communities will have until November 9 to submit public notification procedures to IDEM. The procedures must be implemented before February 8, 2004

The procedure must include the following items:

1. Determination of affected waters for the purpose of providing community notification according to section 5 of this rule.

2. Locations of:

a. The CSO outfalls;

b. Public access points including boat launches and bridges located on affected waters; and

c. Parks, school yards, parkways, and greenways on or adjacent to affected waters.

3. Locations of drinking water suppliers having surface water intakes located within ten (10) river miles downstream of each CSO outfall within the CSO community’s jurisdiction.

4. Method, according to section 6 of this rule, that shall be used to provide notification to the affected public within the area of each affected water.

5. Assignment of responsibilities within a CSO community for implementing the CSO notification procedure.

Concerned citizens need to begin talking with communities that may have CSOs that impact their enjoyment of Hoosier lakes and streams. Now is the time to influence those community’s notification procedures. Contact Tom Neltner at mccabe@ikecoalition.org or 317-442-3973 for more information.

IDEM Sues to Shutdown Pohlmann Farms in Crawfordsville

On March 26, Pohlmann Farms in Crawfordsville had yet another spill of manure into the Little Sugar Creek. There were at least nine previous spills. In April, IDEM filed a public nuisance suit to shutdown the operation - largest confined animal feeding operation in Indiana. Not heeding the warning, Pohlmann Farms had another spill after IDEM filed suit.

IDEM asked the court to close the facility by June. Later in April, IDEM agreed to extend the date to July 15 if the facility ceases to apply manure on its property in the meantime until the Court has a hearing on the initial filing.

IDEM is not now processing the individual NPDES permit for the facility and any future permit for this operation will be re-noticed.

SB-533 Shortcuts Public Participation

Last Fall, the U.S. District Court stepped in and ordered IDEM to ensure that 550 large confined animal feeding operations get an NPDES permit. IDEM and the Water Pollution Control Board were on schedule to do that through a general permit rule.

Then the Indiana General Assembly decided to step in and fundamentally change the program. The General Assembly adopted SB-533 over objections from the IDEM, the environmental community, Indianapolis Star, and the Muncie Star Press.

SB-533 would bypass the construction approval process and limit the public’s role in the process. The law sets up the situation where the public will not have a chance to comment on the process until the construction is complete. No word whether the Governor will sign the bill.

The law also gives IDEM the authority to go beyond the $25,000 per day per violation in civil fines for discharges to the Waters of the State. If a facility has three or more discharges in five years, IDEM can assess $5000 fine. For five or more discharges in five years, IDEM can collect an addition $10,000. These additional fines are shared among the Clean Water Indiana Fund, the local soil and water conservation district and the local political subdivision. Unfortunately, IDEM rarely collects the maximum fine so the additional fine will make little difference.

Confined Animal Feeding Operation Permits

At the May 8 meeting of the Water Pollution Control Board, IDEM will ask the Board to adopt an emergency rule for CAFOs that establishes a general permit program for the CAFOs that are required to get NPDES permits pursuant to the Save the Valley v. EPA federal court decision. IDEM will also ask the Board to preliminarily adopt rules that match the emergency rule as part of the regular rulemaking process. The preliminarily adopted rule needs to be in place before the Board’s authority to do 90-day emergency rules expires in February 2004 (assuming two extensions).

The draft language is inconsistent with SB-533 and would need to be changed if the Governor signs the bill.

The draft language addresses one of the environmental community’s top concerns by prohibiting land application of liquid manure on snow covered or frozen ground is prohibited unless done in accordance with a plan approved by the commissioner. The plan must demonstrate to the commissioner that land application under such conditions will not lead to runoff and discharge to waters of the state.

However, IDEM’s proposal still would effectively eliminate opportunities for the public to participate in the permitting process. The environmental community has demanded – without success – that IDEM:

1. Require applicants to identify potentially affected parties in their notice of intent to get a general permit; and

2. Notify these potentially affected parties of the application before deciding whether the CAFO is eligible for a general permit or must get an individual permit.

The environmental communities goal is to ensure that the facility’s neighbors are notified and have an opportunity to inform IDEM of spills and other management problems that would disqualify the facility from the general permit program. These neighbors are most likely to know about incidents that IDEM is either not aware of or has not connected to the facility.

Please plan to attend the May 8 meeting if you care about the public’s right to participate in the process.

Coffee Creek Watershed Plan

The Coffee Creek Watershed Plan was presented to IDEM for approval last month. The plan, a result of a $60,000 grant to the Coffee Creek Watershed Conservancy from IDEM through the §319 program, identifies problems and prioritizes solutions to those problems in the watershed. Coffee Creek is considered impaired for E. Coli. There are no direct dischargers to the creek so virtually all the problems are from nonpoint pollution such as failing septic systems, agricultural runoff and the 2 "regulated drains" which negatively impact Coffee Creek and are a large source of nutrients and bacteria.

Save the Dunes Council serves on the board of the Coffee Creek Watershed Conservancy and participated in the 2 year effort through quarterly meetings. The Watershed Conservancy owns a 167-acre protected and restored natural area along this tributary to the Little Calumet River.

Many goals and objectives were identified and now it is up to the public to help assure the plan is implemented. For more information about Coffee Creek or to see the Watershed Plan see www.coffeecreekwc.org/ccwc/ccwcmission/stakeholders/DRAFT.pdf.

Finding the Right Balance - Coastal Workshop
Save the Dunes Conservation Fund has received funding from EPA's Great Lakes National Program Office (GLNPO) to host two workshops to address emerging coastal issues in Indiana and to help coordinate activities and resources relating to environmental protection and sustainable economic development in Indiana's Lake Michigan basin. The first workshop will be held at Sand Creek Country Club on Friday, September 19, 2003 as part of Indiana Coast week.

The focus of the workshop will be on beach closings and the relationship between sewage and a healthy economy. Participants will learn about the variety of projects, partnerships and available resources to address emerging coastal issues. In addition, participants will have an opportunity to network with other professionals working in these areas and share information about sustainable communities and opportunities to participate. We will bring together representatives from government, business, non-profits, and academia to identify and begin to resolve shoreline conflicts and to take advantage of emerging opportunities such as Indiana's Coastal Zone Management Program. For more information about Indiana's Coastal Program see www.in.gov/dnr/lakemich/index.html.

Working at a Watershed Level - Interagency Course
Planning is underway for a weeklong watershed training workshop "Working at a Watershed Level" for northern Indiana in the Spring of 2004. Planners from the Council of State Governments, EPA, IDEM, regional planning agencies, Save the Dunes, Lake Michigan Federation, IL-IN SeaGrant, and others are meeting to plan the educational event. We are hoping to attract over 250 people to the workshop.

This weeklong training course was designed and developed by a multiagency working group with input from state, local, and academic institutions. It provides a basic but very broad foundation of ecological, scientific, social, and management principles useful in guiding watershed assessment, planning, and management activities. The 6 training units move logically through a discussion of how watersheds work, how change occurs in watersheds, methods to assess watershed conditions and plan for management, watershed management practices, and the all encompassing socio-cultural context for watershed outreach, stakeholder involvement, and management.

This course is sponsored by EPA's Office of Wetlands, Oceans and Watersheds, in partnership with other agencies and organizations; sponsors vary with each event and include federal agency training centers and universities. The target audience includes people without a watershed science background, technical specialists that seek a broader perspective, managers or decision makers, and informed citizens.

Lake Michigan Watershed Academy

EPA is sponsoring training for planners and others working on watershed issues in the Lake Michigan basin. Funded by the Great Lakes National Program Office (GLNPO), a leadership training course was held to train the trainers in Kalamazoo, Michigan in March. Each Lake Michigan state will plan its own 1-day Watershed Academy based on the materials and information presented at the training. The 1-day Watershed Academy in Indiana will be held later this year in northern Indiana and is a collaboration between many working with Northwestern Indiana Regional Planning Commission (NIRPC) on watershed issues.

The vision of the academy is to promote a sustainable Lake Michigan ecosystem that ensures environmental integrity and supports, and is supported by, economically viable, healthy human communities. For more information contact Save the Dunes Council or see www.epa.gov/owow/watershed/wacademy/training.html.

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