Authority: IC 13-14-1-5; IC 13-14-8; IC 13-14-9; IC 13-18-4-1

Affected: IC 13-18-3

Sec. 6. (a) A CSO community shall do the following unless alternative procedures are identified by the community that are equivalently effective:

1. (1) Provide public notice in a newspaper of general circulation in March of each year to allow the following to request receipt of CSO notification:

   1. (A) Media sources, such as newspapers, television, or radio.
   2. (B) Affected public.
   3. (C) Other interested persons in the CSO community.

2. (2) Provide notification to those identified under subdivision (1) who request receipt of CSO notification under subdivision (1):

   1. (A) when a CSO discharge is occurring or is imminent based on predicted or actual precipitation or a related event; and
   2. (B) in a manner that is mutually agreeable to the recipient and the CSO community.
3. If the recipient and CSO community do not reach agreement on an acceptable manner of notification, then the CSO community shall provide notice by a reasonable, effective means.

(b) In addition to the requirements of subsection (a), a CSO community shall post a prominent sign within the CSO community's jurisdiction:

1. (1) at access points to an affected water, including boat ramps, bridges, parks, and school yards;
2. (2) along parkways and greenways on or adjacent to affected waters at locations most likely to provide notification to persons who may come into direct contact with the water based on information available to the CSO community; and
3. (3) with the language printed in English or any other language common in the locale (including the language necessary to fill in the blanks) that states or is equal in meaning to the following: "Caution–Sewage or Wastewater pollution. Sewage or Wastewater may be in this water during and for several days after periods of rainfall or snow melt. People who swim in, wade in, or ingest this water may get sick. For more information, please call [insert local sewer authority, telephone number, and, if available, a Web site address].".

(c) Cautionary combined sewer overflow signs posted prior to the effective date of this rule advising that combined sewer overflows may occur at that point do not need to be replaced specifically to comply with the wording of subsection (b)(3). If, however, a cautionary combined sewer overflow sign existing prior to the effective date of this rule does need replacement due to reasons such as weathering or other reasons for replacement, then the replacement sign must comply with the language suggested in subsection (b)(3).

(d) If an access point to an affected water is located on private property or property outside a CSO community's jurisdiction, then a CSO community shall:

1. (1) annually offer to provide the sign required under subsection (b) for the owner or operator of the private or nonjurisdictional property; and
2. (2) not be required to provide the sign required under subsection (b) provided the private or nonjurisdictional property owner or operator has refused the community's offer made according to subdivision (1).

(Water Pollution Control Division; 327 IAC 5-2.1-6; filed Apr 9, 2003, 2:55 p.m.: 26 IR 2615; readopted filed Sep 17, 2009, 3:49 p.m.: 20091014-IR-327090595BFA; readopted filed Oct 20, 2015, 8:41 a.m.: 20151118-IR-327150285BFA; readopted filed May 18, 2021, 1:04 p.m.: 20210609-IR-327210118BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)