Rule 2.1. Combined Sewer Overflow Public Notification
327 IAC 5-2.1-1 Purpose
Authority: IC 13-14-1-5; IC 13-14-8; IC 13-14-9; IC 13-18-4-1
Affected: IC 13-18-3
Sec. 1. The purpose of this rule concerning community notification of potential health impacts resulting from a combined sewer overflow discharge is to promote and accomplish the following:
(1) Educate the public, in general, and those persons who, specifically, may come into contact with water that may be affected by a combined sewer overflow discharge as to the health implications possible from combined sewer overflow discharge tainted water.
(2) Alert members of the public who may be immediately affected by a combined sewer overflow discharge or the potential for a combined sewer overflow discharge to occur.
(3) Enable members of the public to protect themselves from possible exposure to waterborne pathogens resulting from contact with or ingestion of water from a waterway that may be affected by a combined sewer overflow discharge.
(4) Complement the combined sewer overflow discharge requirements contained in a National Pollutant Discharge
Elimination System (NPDES) permit but not obviate or supersede any more stringent requirements contained in an NPDES permit.(Water Pollution Control Division; 327 IAC 5-2.1-1; filed Apr 9, 2003, 2:55 p.m.: 26 IR 2613; readopted filed Sep 17, 2009, 3:49p.m.: 20091014-IR-327090595BFA; readopted filed Oct 20, 2015, 8:41 a.m.: 20151118-IR-327150285BFA)

327 IAC 5-2.1-2 Applicability
Authority: IC 13-14-1-5; IC 13-14-8; IC 13-14-9; IC 13-18-4-1
Affected: IC 13-18-3
Sec. 2. Any person required to possess a National Pollutant Discharge Elimination System (NPDES) permit and having one (1) or more combined sewer overflow outfalls into waters of the state must comply with this rule. (Water Pollution ControlDivision; 327 IAC 5-2.1-2; filed Apr 9, 2003, 2:55 p.m.: 26 IR 2613; readopted filed Sep 17, 2009, 3:49 p.m.: 20091014-IR-327090595BFA; readopted filed Oct 20, 2015, 8:41 a.m.: 20151118-IR-327150285BFA)

327 IAC 5-2.1-3 Definitions
Authority: IC 13-14-1-5; IC 13-14-8; IC 13-14-9; IC 13-18-4-1
Affected: IC 13-11-2-158; IC 13-11-2-265; IC 13-18-3
Sec. 3. The following definitions apply throughout this rule:
(1) "Affected public" means those persons who may be exposed to waterborne pathogens through direct contact with or ingestion of water affected by a combined sewer overflow discharge and is limited to:
(A) residents on or adjacent to affected waters;
(B) public and private schools on or adjacent to affected waters;
(C) owners or operators of facilities that provide access to or recreational opportunities in or on affected waters; and
(D) owners or operators of public drinking water systems with surface intakes in or on affected waters.
(2) "Affected waters" means those waters where the E. coli criteria may be exceeded due to a combined sewer overflow discharge.
(3) "Combined sewage" means a combination of wastewater, including domestic, commercial, or industrial wastewater and storm water transported in a combined sewer.
(4) "Combined sewer overflow community" or "CSO community" means a recipient of a National Pollutant Discharge Elimination System (NPDES) permit that includes one (1) or more combined sewer overflow outfalls.
(5) "Combined sewer overflow discharge" or "CSO discharge" means the discharge of combined sewage from an overflow point listed in an NPDES permit.
(6) "Combined sewer overflow outfall" or "CSO outfall" means a structure that:
(A) conveys combined sewage into a receiving waterbody; and
(B) is listed in an NPDES permit.
(7) "Combined sewer system" means a system that:
(A) is designed, constructed, and used to receive and transport combined sewage to a publicly owned wastewater
treatment plant; and (B) may contain one (1) or more combined sewer overflow outfalls that discharge sewage when the hydraulic capacity of the wastewater treatment plant, combined sewer system, or part of the system is exceeded as a result of a wet weather event.
(8) "Commissioner" means the commissioner of the department of environmental management.
(9) "Department" means the department of environmental management except as specifically referenced in this rule.
(10) "Person" has the meaning set forth at IC 13-11-2-158.
(11) "Waters of the state" has the meaning set forth for "waters" at IC 13-11-2-265.
(Water Pollution Control Division; 327 IAC 5-2.1-3; filed Apr 9, 2003, 2:55 p.m.: 26 IR 2613; readopted filed Sep 17, 2009, 3:49
p.m.: 20091014-IR-327090595BFA; readopted filed Oct 20, 2015, 8:41 a.m.: 20151118-IR-327150285BFA)

327 IAC 5-2.1-4 CSO notification procedure
Authority: IC 13-14-1-5; IC 13-14-8; IC 13-14-9; IC 13-18-4-1
Affected: IC 13-18-3
Sec. 4. (a) A CSO community shall:
(1) develop a CSO notification procedure that meets the requirements of this rule; and
(2) incorporate the CSO notification procedure into its CSO operational plan.
(b) A CSO notification procedure must include the following information at a minimum:
(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.
(c) A CSO notification procedure must be:
(1) submitted to the commissioner for review six (6) months after the effective date of this rule;
(2) included in the community's CSO operational plan;
(3) in the initial stages of implementation by the CSO community upon submission according to subdivision (1);
(4) fully implemented no later than ninety (90) days after the date of submission according to subdivision (1); and
(5) modified in order to ensure that the procedure is consistent with this rule if either of the following occurs:
(A) The commissioner requests such modification within six (6) months of the date of submission of the notification
procedure.
(B) A member of the affected public requests that the department reevaluate the notification procedure.
(Water Pollution Control Division; 327 IAC 5-2.1-4; filed Apr 9, 2003, 2:55 p.m.: 26 IR 2614; readopted filed Sep 17, 2009, 3:49
p.m.: 20091014-IR-327090595BFA; readopted filed Oct 20, 2015, 8:41 a.m.: 20151118-IR-327150285BFA)

327 IAC 5-2.1-5 Notification
Authority: IC 13-14-1-5; IC 13-14-8; IC 13-14-9; IC 13-18-4-1
Affected: IC 13-18-3
Sec. 5. (a) A CSO community shall provide notification to:
(1) affected public;
(2) other persons within the CSO community who request to be notified in response to the public notice required by section 6(a)(1) of this rule; and
(3) local health departments and drinking water suppliers having surface water intakes located within ten (10) river miles downstream of each CSO outfall experiencing or about to experience a CSO discharge.
(b) The notification must be appropriately worded to explain the nature of the potential health effects of a CSO discharge and steps that affected persons can take to avoid exposure.
(c) Unless specifically required in this rule, a CSO community is not responsible for confirming that the intended recipients of the notification required by subsection (a) received the notification.
(d) Notification must be provided whenever information from a reliable source indicates that:
(1) a discharge or discharges from one (1) or more combined sewer overflow outfalls is occurring; or
(2) a discharge or discharges from one (1) or more combined sewer overflow outfalls is imminent based on predicted or actual precipitation or a related event.
(e) If a CSO discharge occurred and notification was not provided according to subsection (d), the CSO community shall report this fact on the monthly report required according to section 7(a) of this rule. (Water Pollution Control Division; 327 IAC5-2.1-5; filed Apr 9, 2003, 2:55 p.m.: 26 IR 2614; readopted filed Sep 17, 2009, 3:49 p.m.: 20091014-IR-327090595BFA; readopted filed Oct 20, 2015, 8:41 a.m.: 20151118-IR-327150285BFA)

327 IAC 5-2.1-6 Community notification methods
Authority: IC 13-14-1-5; IC 13-14-8; IC 13-14-9; IC 13-18-4-1
Affected: IC 13-18-3
Sec. 6. (a) A CSO community shall do the following unless alternative procedures are identified by the community that are equivalently effective:
(1) Provide public notice in a newspaper of general circulation in March of each year to allow the following to request receipt of CSO notification:
(A) Media sources, such as newspapers, television, or radio.
(B) Affected public.
(C) Other interested persons in the CSO community.
(2) Provide notification to those identified under subdivision (1) who request receipt of CSO notification under subdivision (1):
(A) when a CSO discharge is occurring or is imminent based on predicted or actual precipitation or a related event;
and
(B) in a manner that is mutually agreeable to the recipient and the CSO community.
If the recipient and CSO community do not reach agreement on an acceptable manner of notification, then the CSO
community shall provide notice by a reasonable, effective means.
(b) In addition to the requirements of subsection (a), a CSO community shall post a prominent sign within the CSO
community's jurisdiction:
(1) at access points to an affected water, including boat ramps, bridges, parks, and school yards;
(2) along parkways and greenways on or adjacent to affected waters at locations most likely to provide notification to persons who may come into direct contact with the water based on information available to the CSO community; and (3) with the language printed in English or any other language common in the locale (including the language necessary to fill in the blanks) that states or is equal in meaning to the following: "Caution - Sewage or Wastewater pollution. Sewage or Wastewater may be in this water during and for several days after periods of rainfall or snow melt. People who swim in, wade in, or ingest this water may get sick. For more information, please call [insert local sewer authority, telephone number, and, if available, a Web site address].".
(c) Cautionary combined sewer overflow signs posted prior to the effective date of this rule advising that combined sewer overflows may occur at that point do not need to be replaced specifically to comply with the wording of subsection (b)(3). If, however, a cautionary combined sewer overflow sign existing prior to the effective date of this rule does need replacement due toreasons such as weathering or other reasons for replacement, then the replacement sign must comply with the language suggested in subsection (b)(3).
(d) If an access point to an affected water is located on private property or property outside a CSO community's jurisdiction, then a CSO community shall:
(1) annually offer to provide the sign required under subsection (b) for the owner or operator of the private or
nonjurisdictional property; and
(2) not be required to provide the sign required under subsection (b) provided the private or nonjurisdictional property owner or operator has refused the community's offer made according to subdivision (1).
(Water Pollution Control Division; 327 IAC 5-2.1-6; filed Apr 9, 2003, 2:55 p.m.: 26 IR 2615; readopted filed Sep 17, 2009, 3:49 p.m.: 20091014-IR-327090595BFA; readopted filed Oct 20, 2015, 8:41 a.m.: 20151118-IR-327150285BFA)

327 IAC 5-2.1-7 Record keeping and reporting
Authority: IC 13-14-1-5; IC 13-14-8; IC 13-14-9; IC 13-18-4-1
Affected: IC 13-18-3
Sec. 7. (a) A CSO community shall document its public notification efforts on its monthly CSO discharge monitoring report (DMR).
(b) A CSO community shall maintain a record of reports submitted according to subsection (a) that is:
(1) kept at the wastewater treatment plant; and
(2) available to the commissioner's representatives during the department's normal working hours.
(Water Pollution Control Division; 327 IAC 5-2.1-7; filed Apr 9, 2003, 2:55 p.m.: 26 IR 2615; readopted filed Sep 17, 2009, 3:49 p.m.: 20091014-IR-327090595BFA; readopted filed Oct 20, 2015, 8:41 a.m.: 20151118-IR-327150285BFA)