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Indiana Water Pollution Control Board Preliminarily Adopts Proposed Rule Amending Compliance Requirements for Daily Maximum Limits for E. coli in NPDES Permits

08.01.2007

By Larry Kane, Attorney, Bingham Greenebaum Doll LLP

At its regular meeting on August 8, 2007, the Indiana Water Pollution Control Board voted to preliminarily adopt a proposed amendment to rules governing the application of water quality criteria for bacteriological quality for water recreation to the NPDES permit program. All public comments offered during the public hearing preceding Board action were favorable to the proposed rule. The proposed rule amendment will allow owners and operators of sanitary wastewater treatment facilities to exclude up to ten percent of daily samples for E. coli analysis taken in a calendar month from compliance determinations for the daily maximum effluent limitation for E. coli. A minimum of ten daily samples must be taken in a calendar month in order for the data exclusion provision to be available. IDEM will now proceed to publication under IC 13-14-9-5 of the proposed rule and a summary of agency responses to comments received at the public hearing. A third comment period will not appear to be needed since no substantive changes were made to the proposed rule by the Board at the time of preliminary adoption.

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