Page 1 of 6

ACEC – Indiana Environmental Business Committee

Briefing Meeting Minutes with IDEM and IFA

May 29, 2019

2:00 p.m. to 3:30 p.m.

IDEM Commissioner’s Large Conference Room, 13th Floor

MINUTES

INTRODUCTIONS: EBC Committee Chair Shannon Killion opened the last meeting by giving special recognition to the contributions of Steve Gress, Donohue and Associates and Mike Kline, BLN for service to the Committee spanning over 4 decades. Their contributions are beyond measure and they will certainly be missed.

I. Staffing Updates, Paul Higginbotham, Camille Meiners

A. Mark Stanifer will be retiring in July. An advertisement for his position was posted

2 weeks ago and interviews will be conducted soon. There will be a 30-day

transition period with Mark when the new hire is brought on board.

B. David Denman will be retiring soon

C. The vacancy left by Lance Mabry (Environmental Engineer 1) is still left to be

filled

D. Linda McClure is now the Section Chief Office of Land Quality Compliance and

Response Branch.

E. Olivia Kuss left IDEM for private industry.

F. Looking to hire 2 industrial permit writers

G. IDEM Just hired Emily Rubin to Surface Water Operations and Enforcement and

will likely be Interviewing for a 2nd position soon.

H. IFA / SRF, Staci Orr, program administrator, is currently coming up to speed and

handling environmental reviews.

I. IFA / SRF is currently looking for a new bidding coordinator.

II. IFA/SRF/Brownfields, Camille Meiners

ACEC – Indiana Environmental Business Committee IDEM and IFA Briefing Meeting May 29, 2019

Page 2 of 6

A. General Funding Update FY 2019. The fiscal year is close to completion with 1

month remaining.

1. Wastewater loans closed to date: $400M.

2. Wastewater loans closing in June: $11M-$15M

3. Drinking water loans closed to date: $139M.

4. Drinking water June pool closing: $29M

B. Program Changes:

1. As summarized in an SRF memo (attached), the closing schedule for

projects in the fundable range will be held until March 31 instead of December

31st to spread out the closings. SRF intends to limit closings to 20 each quarter.

An applicant will need to show readiness and make a written request if a first

quarter closing is desired.

2. The bypass period will be reduced to the last quarter only.

3. One pool closing will be planned each FY, possibly in the fall.

C. WIFIA Update: Continues to be a work in progress.

D. EPA Announcement regarding $2.6 Billion in New Funding to Improve Water

Infrastructure. This announcement represents the EPA’s national funding level for their

existing CIP program for the next FY in which the State of Indiana is a recipient.

E. Levee funding: The SRF is open to a discussion on levee funding if it meets the

requirements of the clean water program. It is unlikely that the project will qualify for

funds if the main purpose is for flood control.

F. How will $20M additional state funding for water infrastructure be implemented?

The timing to receive funds is unclear and may be as far out as 2021.

III. Legislative Updates

A. SEA 362 Regulation of Water and Wastewater Systems: IDEM portion replaced

with SEA 4.

B. SEA 4 Water and Wastewater Utilities and Runoff: Becomes effective on 7/1/19.

Paul will be meeting with staff in the near future to begin implementation. This bill

ACEC – Indiana Environmental Business Committee IDEM and IFA Briefing Meeting May 29, 2019

Page 3 of 6

updates the regulations related to cyber security and asset management plans, provides

a new definition of a WWTP as well as exclusions from the requirements for smaller

facilities (WWTP less than 100,000gpd ADF), among other things.

1. IDEM Requirements – Paul Higginbotham

a) Asset Management Plans: Applicant may still use the SRF guidance to meet the requirements of the department. IDEM is just looking for a certification – no need to provide the actual plan.

b) Cyber Security: A statewide committee is working with IUPUI to develop a template related to security. A pilot is currently being conducted that may lead to a guidance document available at the end of June.

2. IFA Requirements – Camille Meiners

a) The IFA is looking to meet soon to establish utility regions as mandated by the bill.

b) IFA continues to work on their draft cybersecurity guidance document and hopes to make it available by 7/1/2019. This should be viewed as a “living document” and IFA will welcome comments from ACEC when completed.

C. HEA 1266 Sediment and Erosion Control, Martha Clark-Mettler

1. The bill generally prohibits an MS4 to adopt requirements more stringent

than the State’s, with a few exceptions.

2. Review times have been set: smaller systems to be reviewed within 10

business days, and large systems within 14 business days.

3. The bill defines credentials to review plans.

4. Goes into effect on 7/1/2019

5. IDEM will need to make sure that the forthcoming general permit refers to

this bill.

6. IDEM to develop an education program to promote consistency

throughout the State.

D. HEA 1406 Water Infrastructure Assistance Fund and Program, Martha Clark-

Mettler

1. Generally, no discussion on this topic.

E. HEA 1278 – Fees by rule legislation, task force, various environmental matters

ACEC – Indiana Environmental Business Committee IDEM and IFA Briefing Meeting May 29, 2019

Page 4 of 6

1. IDEM Cleanup Bill

2. IDEM can work with Environmental Rules Board (ERB) to ask for fee

increases instead of going to legislature.

3. Requirement for drinking water labs who are processing monthly data to

submit it electronically.

4. ERB expanded by one member for a total of 12. The new member must

be a representative of the residential or commercial construction industry.

IV. Clean Water Permit and Rules Issues, Martha Clark-Mettler

A. Metals Rule Update – working with coal and power stakeholders to propose

changes to selenium that the EPA will accept. After receiving feedback from the EPA,

IDEM will roll it out to the group. Will need to repeal the old rules before adopting new.

B. Indiana General NPDES Permits – Temporary Discharges. IDEM has

incorporated some of the feedback from ACEC into the draft. They will share the

cleaned-up version with ACEC and then issue the public notice.

C. 2013 EPA Ammonia limits – when will implementation begin? IDEM recognizes

that many systems will not be able to meet the new limits and may result in day 1 non-

compliance. The department is evaluating how to handle small vs large systems and

looking at programs in Kansas and Illinois for ideas on Indiana’s program. The State

may be a few years out before implementation.

D. Total Nitrogen – Have any permits been issued with monitoring requirement?

Beginning on 1/1/2029, all major dischargers are required to monitor with their next

permit renewal. Four permits have been updated this year with a total of 14 by the end of

the year. Hach continues to talk with EPA about using their equipment for monitoring,

but no authorization has been granted to date.

E. A general discussion about the increasing need for qualified operators paired

with concern into a declining pool to pull from. IDEM shared that a large percentage of

operators are at retirement age and could pose a real shortage issue in the near future.

V. CSO Topics, Paul Higginbotham

A. Post Construction Monitoring – Any communities experiencing issues after

ACEC – Indiana Environmental Business Committee IDEM and IFA Briefing Meeting May 29, 2019

Page 5 of 6

project completion? Out of the 52 CSO communities, 14 need to do more because they

haven’t met their required level of control. These communities will enter into a new

agreed order to address the deficiencies. IDEM will provide more information on these

14 communities at a later date.

B. ACEC member, Mike Klein addressed the status of discussions with the EPA

related to wet weather blending. There is still on-going conversations about bypassing

pollutants of concern that may not get picked up with blending. EPA wants to perform

more monitoring and may put out a new rule at the end of the year.

VI. Drinking Water

A. PFAS Update. EPA has provided a guidance / action plan that includes

frequency of sampling, MCL, outreach plan, cleanup, etc. IDEM is keeping close

attention to this matter and has lots of questions.

1. It was noted that PFAS has been found in the Flint River in Michigan.

2. IDEM will be looking to run a pilot in areas that may be considered hot

spots / areas of higher risk like Hartford City.

3. A draft concept has been provided to the Commissioner for review.

VII. Storm Water/Wetlands

A. Implementation of Construction Stormwater Runoff and MS4 General Permits is

still forthcoming.

B. In-Lieu Fee Program Update: The program is up and running and follows the

federal model: 1st priority wetland bank, 2nd in-lieu program and 3rd is project mitigation. If

mitigation is selected, financial assurance (bonding) will be required and the EPA will be

heavily enforcing the monitoring requirements. The DNR is still accumulating the in-lieu

funds and has not yet started construction on a bank.

C. IDEM review of the new definition for “Water of the US” and how it would be

implemented in the State of Indiana. A letter was sent to the US Department of

Agriculture requesting clearer language and providing a narrower definition. IDEM is also

trying to determine how the states listing of impaired waters fit in the new definition.

D. 404 Permit Program: IDEM is still working to take over the 404 Program but was

ACEC – Indiana Environmental Business Committee IDEM and IFA Briefing Meeting May 29, 2019

Page 6 of 6

not taken up during the 2019 legislative session. The EPA wants to simplify the

requirements; a Presidential Executive Order requires the review to be completed in 60

days. The Commissioner will decide when to move forward and issue the 1st notice of

rulemaking. New Jersey and Michigan have already assumed the program.

VIII. Construction Permits, Paul Higginbotham

A. Dale Schnaith is preparing a memo that gives a list of common deficiencies that

the construction group is seeing with lift station applications. This memo is attached,

please contact Dale with any questions that you may have.

CLOSING ANNOUNCEMENT: The Environmental Business and Funding Sources Conference will be held on September 26th, 2019.

This meeting summary was prepared by Derek Frederickson and Shannon Killion and represents the preparers’ best recollection of the meeting. If you have any modifications or additions, please send them to the preparer and the summary will be amended accordingly.

INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Environment.

100 N. Senate Avenue • Indianapolis, IN 46204

(800) 451-6027 • (317) 232-8603 • www.idem.IN.gov

Eric J. Holcomb Bruno L. Pigott

Governor Commissioner

An Equal Opportunity Employer

Recycled Paper

ATTENTION

PLEASE DISTRIBUTE THIS NOTICE TO ALL

PROJECT ENGINEERS IN YOUR FIRM WHO

MAY BE INVOLVED IN SANITARY SEWER

DESIGN AND IDEM CONSTRUCTION

PERMITTING

HELP IDEM REDUCE PERMITTING TIME

IDEM has experienced an increase in sewer permitting volume and a large

number of those submitted permit applications contain unnecessary

deficiency items. This has resulted in an increase in IDEM’s permitting

time. Attached is a list of many of the most common deficiencies found

during IDEM review. Please take time to familiarize yourself with these

deficiencies and eliminate any of them from your next project submittal.

We are all working toward the same goal......to issue timely permits so that

your projects can move forward without obstacles. Please help IDEM to

help you!

Sent by: Facility Construction Section, Office of Water Quality, IDEM

COMMON DEFICIENCIES ON IDEM SANITARY SEWER AND LIFT STATION

PROJECTS

The purpose of this document is to raise awareness of the most commonly seen construction

permit application deficiencies in attempt to reduce the number and frequency of deficiencies

encountered during IDEM permit reviews. Elimination of these deficiencies can lead to

significant improvement of IDEM permitting efficiency by avoiding the need for unnecessary

comments and additional time consuming submittals by the design consultants.

ADMINISTRATIVE:

1. Missing Capacity Certification/Allocation Letter – Completed by the appropriate utility

before submitting a sewer application to IDEM. When more than one utility is involved,

a certification is required from each utility.

2. Incomplete project location – Clearly label street names and reference distances from a

north-south and east-west street.

3. Need to clearly identify flows on design summary, and indicate if includes any future

flows (requiring future sewer extension). Do not include future flows in Capacity

Certification Letter. Use prescribed flows in 327 IAC 3-6-11 or provide description if

using alternate flow values not on list.

4. Lack of complete project specifications, either on plans or separate specification

manual. Do not simply make reference to a set of utility specifications.

5. Inappropriate labelling of plans or specifications - Plans or specifications labelled as

“Preliminary”, “Not for Construction”, “For IDEM Only”, etc. will not be accepted.

GRAVITY SEWER PROJECTS:

6. Lacking project explanation for more complex projects – Provide a written

explanation/description to assist reviewer (current problems/conditions and proposed

solutions)

7. Lacking details on sewer plans and profiles - Show all proposed AND existing water

mains, storm sewers, culverts, etc. (327 IAC 3-6-5(b)).

8. Water well locations not identified on drawings- Show well locations in general vicinity

of proposed sewers, including along the route of off-site sewers and force mains (327

IAC 3-6-9).

9. Oversized sewers – Not allowed for the sole purpose of decreasing sewer slope. IDEM

generally allows one pipe size larger than needed without justification, otherwise

justification must be provided for oversizing (327 IAC 3-6-12(b)).

10. Insufficient sewer cover - Provide at least 36 inches of cover above sewers (327 IAC 3-6-

18(e)) or justify/provide alternative protection measures.

11. Insufficient horizontal or vertical separation from water mains – See 327 IAC 3-6-9 for

requirements and remedies.

12. Insufficient separation between manholes and water mains – Provide at least 8 feet

separation (327 IAC 3-6-9(c)) or justify /provide alternative protection measures.

13. Laterals prohibited from connecting to in-line manholes, and justification required for

laterals connected to terminal manholes (327 IAC 3-6-16(h,3,A)). Laterals shall be

connected directly to sewer main with wye fittings.

14. Incomplete pipe specifications – Must include proposed ASTM/AWWA, DR or SDR

standards. Also include pressure rating for sewers when using pressure pipe to satisfy

327 IAC 3-6-9(b,2).

15. Lacking detailed specifications for pipe deflection and leakage testing (327 IAC 3-6-19)

and manhole vacuum testing (327 IAC 3-6-16(j)).

16. Lacking pipe installation specification – Specify standard installation for plastic pipe per

ASTM D2321 or other standard methods for different pipe materials.

FORCE MAINS

17. Horizontal Directional Drilling (HDD) of force mains– If proposed, include a request for

an Alternative to the Technical Standards as provided by 327 IAC 3-6-32

18. Lacking TDH calculations, pump and system operating curves – Provide to validate

proposed pump capacity.

GRINDER PUMPS

19. Lacking TDH spreadsheet for small-diameter low-pressure sewers – Provide a

spreadsheet (for systems with 3 or more pumps) demonstrating system TDH and that

adequate pump TDH is provided. And that adequate flow velocities will be achieved.

20. Clearly state who will be installing, maintaining, and owning individual grinder stations –

property owner or utility?

LIFT STATIONS

21. Insufficient pump calculations – Identify how GPM and TDH were determined, and

include pump and system curves to validate proposed operating point. Use Hazen-

Williams C-factor no greater than 130, or provide justification for alternative number.

22. Lacking wet-well detention time calculations – Provide between 5 and 30 minutes

maximum detention between pump “off” and “on” settings (327 IAC 3-6-27). Also

provide both INITIAL and FINAL float settings for phased development projects.

23. If only two pumps in lift station, ensure that each pump has capacity to handle the

established design peak hourly flow (327 IAC 3-6-23(a)).

24. Lacking ventilation provision - A wet well that is covered shall be vented to allow for the

displacement of air due to the filling of the wet well (327 IAC3-6-27(c)).

25. Insufficient emergency operation provision - Required provision for emergency lift

station operation such as a receptacle for portable generator and/or quick-connect pipe

fittings for a standby pump, etc. (327 IAC 3-6-30).

26. Wet well floor slope – Required to have minimum 45 degree slope of wet-well floor to a

hopper bottom (327 IAC 3-6-27 (b)).