Indianapolis Consent Decree Issues National Urban Wet Weather Workshop

1. Indianapolis Consent Decree IssuesNational Urban Wet Weather Workshop “Providing greater environmental protection while significantly reducing costs”

2. History to Present Consent Decree (CD) defining city’s obligations; executed September 2006 Includes 31 Control Measures CD requires: 97 percent capture on Fall Creek w/two combined sewer overflows (CSOs) annually 95 percent capture on White River and tributaries w/four CSOs annually Total Capital Improvement Program estimated at $3.5 billion

3. Improvements to CD Long Term Control Plan May 2008: City initiated discussions with Indiana Department of Environmental Management (IDEM) and EPA Requested modification of CD—Deep Rock Tunnel Connector (DRTC) December 2008: Reached agreement on DRTC after extensive negotiations Effect of Amendment to CD: To create a more reliable tunnel solution and allow flexibility to implement future projects

4. Improvements to CD Long Term Control Plan April 2008: Belmont Trickling Filter/Solids Contact (TF/SC) project value engineering workshop Proposed alternative would provide for full secondary treatment of all wet weather flow, improve water quality in White River Project costs also would be reduced significantly TF/SC Project: $156.7 million (2008 dollars) Belmont AWT Wet Weather Secondary Treatment: $60 million May 11, 2009: IDEM/EPA approve as minor modification

5. Enhancement Plan Addresses 14 Control Measures May 2009: City provides presentation on Enhancement Plan to EPA Potential to save $500-$600 million Still achieve Performance Criteria 97 percent capture on Fall Creek w/two combined sewer overflows (CSOs) annually 95 percent capture on White River and tributaries w/four CSOs annually EPA review extended over nine months with no formal position While disagreements over storage capacity persisted, EPA introduced new financial issues regarding future rate increases and cost impact on residents

6. Major Elements of Enhancement Plan: Tunnel Application of more detailed system modeling from $5 million engineering investment Holistic analysis of system storage and treatment optimum configuration Extend White River Tunnel up Pleasant Run and Lower Pogue’s Run—captures more sewage sooner Eliminates highly risky Pogue’s Run Box Conversion

7. Enhancement Plan Benefits Enhancement Plan achieves all CD Performance Criteria while significantly reducing cost of program No delay requested to overall compliance date Enhancement Plan accelerates portions of plan—provides greater environmental protection sooner Captures an additional 7 billion gallons of sewage through 2025—addresses 54 CSOs four years earlier

8. Use Attainability Analysis (UAA) Goal of UAA: To develop a structured scientific assessment of the factors impacting designated uses of a water body, such as fishing or swimming UAA Factors Naturally occurring pollutant concentrations Natural, ephemeral, intermittent or low flow conditions or water levels Human caused conditions or sources of pollution Dams, diversions or other types of hydrologic modifications Physical conditions related to natural features of the water body Controls more stringent than those required by sections 301(b) and 306 of the Act that would result in substantial and widespread economic and social impact

9. Water Quality of Approved LTCP2

11. November 2009 to Present Negotiations stalled City requests meeting with EPA Region 5 Administrator EPA declines request for meeting, directs future correspondence to Department of Justice Dec. 22, 2009: City initiates dispute resolution Jan. 27, 2010: EPA denies city request for changes Feb. 5, 2010: EPA counters, requests adding $600 million in STEP projects

12. Next Steps City has invoked Formal Dispute Resolution clause of the Consent Decree Second Filing: Submit a work plan for revising CSO Control Measures with U.S. EPA Third Filing: Notice to U.S. EPA that city is modifying the design deviating greater than 90 percent Meeting with U.S. EPA Headquarters, Department of Justice and U.S. EPA Region 5 in Washington D.C. March 17, 2010 April 5, 2010, City submitted “counter” proposal to Department of Justice/USEPA on tunnel storage and wet weather treatment plant capacity

13. Next Steps (Continued) April 15, 2010, City met with Department of Justice, USEPA Headquarters and Region 5 in Chicago to discuss City’s “counter” proposal” Indianapolis is participating in a national initiative organized by United States Conference of Mayors (USCM)

14. EPA / IDEM / City Partnership(Create a “win-win” scenario for Agencies/City) City is proposing : To stay within the specified CD schedule (2025) To stay within the specified Performance Criteria of the CD Accelerate addressing approximately 40% (52 CSOs) of its 133 CSOs over 4 years sooner More overflow captured sooner: 7 billion gallons more out by 2025 Earlier tunnel construction segments (Pleasant Run and part of White River – five years earlier More tunnels that are more expensive (Pleasant Run and Pogue’s Run) More reliable tunnel solutions (Pogue’s Run) To implement long-term, sustainable solutions

15. Questions?