Indianapolis, Indiana, has agreed with EPA to modify an existing consent decree involving sewer overflows by making sewer system improvements, valued at up to $1.86 billion, to reduce combined sewer overflows. U.S. v. City of Indianapolis, No. 06-01456 (S.D. Ind. proposed amended consent decree lodged 11/8/10). The original 2006 consent decree required the city to implement 31 combined sewer overflow measures.

The consent decree was first amended in 2009 to incorporate changes involving one of the control measures, which enabled the city to build an underground conveyance and storage tunnel. That amendment would reduce the amount of total annual discharge to about 414 million gallons from the 642 million gallons anticipated under the original consent decree. The modifications include an accelerated construction schedule, changes in some of the remaining control measures and the elimination of two entirely. The proposed modifications are subject to a 30-day comment period and court approval.