HomeMy WebLinkAboutLong Term Control Plan Approval IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
We Protect Hoosiers and Our Environment.
Mitchell E. Daniels Jr. 10D North Serrate Avenue
Governor Indianapolis. Indiana 46204
(317) 232-8603
Thomas W. Easterly Toll Free (800) 451 -6027
Commissioner www.idem.IN,gov
The Honorable Thomas R. Galligan, Mayor
City of Jeffersonville
City Hall
500 Quartermaster Court
Jeffersonville, Indiana 47130
Re: Long Term Control Platt Approval
City of Jeffersonville
Consent Decree #4209- CV- 0125DFH -WGIl
NPOES Permit No. 1N0023302
Clark County
Dear Mayor Galligan:
The Indiana Department of Environmental Management (IDEM) and the U.S. Environmental
Protection Agency (EPA) have conducted a substantive review of the City of Jeffersonville's (the City)
CSO Long Term Control Plan (LTCP). The United States, on behalf of the United States Environmental
Protection Agency, and the State of Indiana, on behalf of IDEM. filed a complaint against the City in
connection with the City's operation of its municipal wastewater and sewer system. Concurrent with the
filing of the Complaint, the United States lodged with the Court a proposed Consent Decree that has been
entered into by the United States, the State of Indiana, and the City of Jeffersonville. The Consent Decree
was entered by the Court on November 2A. 2009, as United States and State of Indiana v. City of
Jeffersonville. #4:09•CV -0 125DFH -WGH. The Consent Decree requires the City to complete
development of its LTCP. Once approved by EPA and IDEM, the LTCP is incorporated into the Consent
Decree.
As a function of the LTCP development process, the City of Jeffersonville performed an evaluation
of alternatives for CSO control. The Jeffersonville Sewer Board passed a motion to recommend
Alternative 4 (near surface storage). along with Control Scenario 61 (4 -month control design level for Cane
Run and 6 -month control design levet for the Ohio River). The City's proposed LTCP alternative is
identified in detail within Chapter 10 of the LTCP submitted by the City on March 31, 2010. specifically
within Tables 10.02.1, 10.02 -2 and 10.02 -3. The proposed alternative, once implemented, is expected to
result in no more than one (1) untreated overflow to the Ohio River in a typical year, and no more than
three (3) untreated overflows to Cane Run in a typical year, respectively. Following BEM and EPA
approval, the LTCP proposes a 15 -year implementation schedule for the proposcd alternative, at an
estimated total capital cost of approximately S143,000.000.
Ikem t'uprr ® An Equal Oppa:lunity limployer 1n:a :rR
M,Y:•. L1
•
The Honorable Thomas R. Galligan, Mayor
Page 2
Although no specific green infrastructure projects are included in the proposed alternative, the City
intends to continuously evaluate green infrastructure projects throughout the LTCP implementation
schedule.
The City expects CSO events will continue to occur during stoma that exceed the design and
performance criteria proposed in the LTCP. Therefore, a Use Attainability Analysis (UAA), as provided •
for in both federal and state law, would need to be developed and submitted to IDEM prior to full
implementation of the LTCP to avoid water quality violations at that time. A UAA is a structured scientific
assessment that provides the technical basis for removing designated uses applied to surface waters where k
is shown that the designated use is not an existing use and that the attainment of the designated use is not
feasible. The UAA must contain the technical and financial justification for changing the designated
recreational use for CSO impacted waters from "full body contact" to the "Combined Sewer Overflow
(CSO) wet weather limited use" subcategory of Indiana's recreational use designation as provided in 1C 13-
183.2.5.
The City of Jelfersonville's LTCP submitted on March 31, 2010, as amended by its submissions
including the City's CSO LTCP's Section 10, Recommended Plan & Implementation Schedule. as revised
November 10, 2010; the City's CSO Operational Plan (CSOOP). as updated December 1.2010, and the
CSO LTCP's Section 11, Posh Construction Compliance Monitoring, as revised April 4, 2011, is hereby
approved by IDEM and EPA. Pursuant to paragraph 96 of the Consent Decree. the City shall proceed to
implement its LTCP within fourteen (14) days of this approval. This LTCP as approved must be
incorporated into the City's NPDES permit No. 1N0023302. The LTCP implementation schedule is
enforceable in accordance with the City's NPDES permit and the Consent Decree.
Please contact Dave Tennis with IDEM at ( 317) 232 -8710; dtennis @idcm.in.eov or John
Wiemhoff with the U.S. EPA at 312/3534546; Wiemhoff.JOhn@epantaiI.epa.eov if you have questions
regarding this letter.
Sincerely, Sincerely.
St
ink Hyde 1 irecto, Bruno Pigott
Wa . r Division Assistant Commission
t .. Environmental Protection Agency Office of Water Quality •
•
cc: Len Ashack, Wastewater Director. City of Jeffersonville
Dave Tennis, IDEM
Jeffersonville Sanitary Scwcr Board
John Ticlsch, U.S. EPA
Andrew Hanson, U.S. DOJ
Beth Admire, IDEM