Sec. 120.5. "Long term control plan", for purposes of section 31.5 of this chapter, IC 13-14-9-14, and IC 13-18, means a plan that:

(1) is consistent with the federal Combined Sewer Overflow Control Policy (59 Fed. Reg. 18688);

(2) is developed in accordance with the recommendations set forth in Combined Sewer Overflows Guidance for Long-Term Control Plan (EPA 832B95002);

(3) describes changes and improvements to be made to a combined sewer system or to a publicly owned wastewater treatment plant for the purpose of meeting the requirements of the federal Clean Water Act and state law;

(4) is developed with public participation using a process that is designed to promote active involvement by the affected public, through opportunities to provide in the decision making to select long term control alternatives:

(A) information;

(B) opinions; and

(C) comments;

(5) is submitted to the department for approval; and

(6) does the following:

(A) Uses characterization, monitoring, and modeling of the combined sewer system to determine:

(i) the response of the combined sewer system to various precipitation events;

(ii) the characteristics of overflows from the combined sewer system; and

(iii) the water quality impacts that result from overflows from the combined sewer system.

(B) Considers the impact of combined sewer overflows on sensitive areas and gives highest priority to controlling overflows in those areas.

(C) Contains an evaluation of a reasonable range of control alternatives, taking into account expected and projected future growth.

(D) Contains cost and performance analyses of the control alternatives evaluated.

(E) Maximizes treatment of wet weather flows at a publicly owned treatment works (POTW) treatment plant.

(F) Contains a practicable implementation schedule for the selected control alternative.

(G) Contains a post-construction compliance monitoring program adequate to ascertain:

(i) the effectiveness of the selected control alternative; and

(ii) the extent to which water quality standards have been attained.

As added by P.L.140-2000, SEC.10. Amended by P.L.100-2006, SEC.5.