Sec. 2.3. (a) This subsection applies if a use attainability analysis is performed and approved to change the designated use of a water body receiving wet weather discharges from combined sewer overflows from the recreational use designation that applied to the waters immediately before the application to the waters of the CSO wet weather subcategory established in section 2.5 of this chapter to that subcategory. Upon implementation of the approved long term control plan, the plan fulfills the water quality goals of the state with respect to wet weather discharges that are a result of overflows from the combined sewer system addressed by the plan.

     (b) A long term control plan must meet the requirements of:

(1) Section 402(q) of the federal Clean Water Act (33 U.S.C. § 1342(q)); and

(2) 59 FR 18688.

     (c) An approved long term control plan shall be incorporated into:

(1) the NPDES permit holder’s NPDES permit; or

(2) an order of the commissioner under IC 13-14-2-6.

     (d) If a use attainability analysis is performed, the department shall:

(1) review a use attainability analysis submitted under this chapter concurrently with a long term control plan submitted under this chapter; and

(2) use the approved long term control plan to satisfy the requirements of the use attainability analysis.

As added by P.L.140-2000, SEC.18. Amended by P.L.54-2005, SEC.2.