327 IAC 2-1.1-3 City of Fort Wayne, CSO wet weather limited use; designated waters

Sec. 3. (a) The following waters of the state are designated for limited use in the city of Fort Wayne's approved LTCP and approved use attainability analysis (UAA) pursuant to the CSO wet weather limited use subcategory established under 327 IAC 2-1-3(c) and 327 IAC 2-1.5-5(c): (1) St. Marys River (from its junction with Natural Drain #4 near Tillman Road to the confluence with the St. Joseph River). (2) Natural Drain #4 (from CSO Outfall 054, near the intersection of Hollis Lane and Mercer Avenue, to its junction with the St. Marys River). (3) St. Joseph River (from CSO Outfall 052, located immediately south of Coliseum Boulevard near N. Anthony Boulevard, to the confluence with the St. Marys River). (4) Spy Run Creek (from CSO Outfall 036, located north of W. State Street along Eastbrook/Westbrook Drive, to its junction with the St. Marys River south of 4th Street). (5) Baldwin Ditch (from CSO Outfalls 061 and 062, near the intersection of E. State Street and Barnhart Avenue, to its junction with the Maumee River near CSO Ponds 1 and 2). (6) Harvester Drain (from CSO Outfall 064, near New Haven Avenue and South Coliseum Boulevard, to its junction with the Maumee River). (7) Maumee River (from its origin, at the confluence of the St. Marys River and St. Joseph River in the city, to the boundary between the states of Indiana and Ohio). (b) The water quality-based requirements for the CSO wet weather limited use subcategory: (1) are determined by the December 2007 approved LTCP for the combined sewer system as updated by the modified Consent Decree, Case No. 2:07_cv_00445, entered by the United States District Court for the Northern District of Indiana; and (2) require that CSO events that occur be consistent with the performance criteria contained in the approved LTCP, including its maximums of: (A) one (1) annual, untreated CSO event per typical year to the St. Joseph River; and (B) four (4) annual, untreated CSO events per typical year to waters other than the St. Joseph River.