Great Lakes Aquatic Habitat News
The Newsletter of the Great Lakes
Aquatic Habitat Network and Fund
Volume 9, Number 4 • July-August 2001
Great Lakes Aquatic Habitat NewsThe Newsletter of the Great Lakes
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by Sandra L. Wilmore, Save the Dunes Conservation Fund
Combined Sewer Overflows (CSOs) continue to degrade Indiana’s waterways, threaten the health of residents, visitors, and wildlife, and restrict recreational activities. In July, Save the Dunes joined with other organizations to support a citizens’ petition to reduce the occurrence of CSOs in Northwest Indiana and throughout the state. Combined sewer systems collect both sanitary wastewater and storm water. When rain (even in small amounts) overwhelms them, they discharge untreated sewage into rivers and lakes. The untreated sewage contains bacteria and pathogens that are harmful to people’s health, lower water quality, and impair aquatic wildlife.
The petition calls for amendments to improve the regulation of CSOs, in part by requiring that permits for development are issued based on wet weather data, in addition to the dry weather data that is currently used. Since the CSO problems occur during wet weather, dry weather data alone does not portray the conditions that cause the problem and that should be accounted for in determining capacity needs.
Tom Neltner of Improving Kids’ Environment developed the amendment and the petition, which now has over 300 signatures. Just 200 signatures are needed to commence the citizen rulemaking provision of Indiana Law and obtain a hearing before the Water Pollution Control Board on the proposed amendments. The petition was presented at the August 8th meeting of the Water Pollution Control Board. If you are interested in learning more, please visit www.ikecoalition.org and click on the citizen’s petition icon, or contact Save the Dunes at 219-879-3564.
The Indiana Department of Environmental Management (IDEM) has convened a workgroup to consider incorporating new language into the proposed 401 Water Quality Certification and Wetland Water Quality rules. Since the U.S. Supreme Court’s Solid Waste Agency of Northern Cook County v U.S. Army Corps of Engineers decision on January 9th limited federal regulation of certain isolated wetlands, IDEM issued a statement clarifying that affected waterbodies are still waters of the state and subject to state regulation.
Historically, Indiana has protected the state’s waters, which include wetlands, by applying water quality standards through its Section 401 Water Quality Certification program (in conjunction with the Section 404 U.S. Army Corps of Engineers permit program). Currently, while the new language is being considered, IDEM is requiring a National Pollution Discharge Elimination System permit for any activity resulting in the discharge of dredged or fill material into “isolated” wetlands. The new language would create a “Surface Water Modification Permit” to provide protection for isolated wetlands no longer subject to federal regulation. The new language would not create duplicative permits or result in any new regulatory burden. Sandra Wilmore, Save the Dunes Conservation Fund Director, is serving on the committee to represent environmental interests.
The committee is fairly well balanced, with several other environmental representatives among twelve members, and intends to meet three times to provide recommendations to IDEM on language for the state regulatory program.