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Boone County Clarifies Role in LEAP Wastewater Discussions

Boone County Clarifies Role in LEAP Wastewater Discussions

(LEBANON, IN – October 1, 2026) Boone County officials are clarifying the county’s role regarding ongoing discussions about wastewater associated with the LEAP project, following questions concerning the respective roles of Lebanon, Boone County and state and federal regulators.

Several governmental and regulatory entities have different responsibilities in reviewing a project of this scale. Boone County’s authority is established by Indiana law and does not encompass every aspect of the wastewater project.

There are legitimate questions about the potential environmental and drainage implications of a project of this size. Those questions fall under different governmental authorities and regulatory processes.

Who has authority?

  • Wastewater treatment system operations: Lebanon Utilities and applicable regulators
  • Wastewater discharge permitting: Indiana Department of Environmental Management (IDEM)
  • Water-quality review: IDEM
  • Public comment concerning a proposed discharge: Applicable IDEM regulatory process
  • City sewer utility decisions: City of Lebanon
  • County regulated/legal drains: Boone County Drainage Board, within its statutory authority
  • Effects of proposed changes to a county-regulated drain: Boone County Drainage Board, within its statutory authority
  • Environmental authorization for wastewater outflow: Applicable state and federal regulatory processes

Boone County has already taken steps to evaluate potential drainage impacts

Boone County has been aware that an expansion of the Lebanon wastewater treatment plant could potentially involve increased flows into Prairie Creek.

Before any final discharge location was selected, the Boone County Surveyor’s Office retained Christopher B. Burke Engineering to evaluate the potential effects of increased wastewater flows on Prairie Creek, including potential effects on flood flows, flood elevations and channel stability. The engineering analysis was provided to Lebanon Utilities for consideration.

The study was undertaken as a proactive measure so the county could better understand potential drainage impacts before any specific proposal was formally presented to the county. It does not constitute approval of a wastewater discharge location or establish where the expanded wastewater treatment plant will ultimately discharge.

What is Boone County’s role?

Boone County does not have general regulatory authority over Lebanon Utilities’ wastewater discharge decisions. The county’s authority is specific to matters governed by Indiana’s drainage laws and the county’s regulated drains.

Lebanon Utilities has indicated that Prairie Creek is among the locations being considered for increased discharge, and the county has provided feedback regarding the potential drainage implications. However, Lebanon Utilities has not selected a final discharge location, and no formal request concerning a specific discharge location has been presented to the county.

If a proposal involving a county-regulated drain comes before the county, the county will evaluate that proposal within the authority granted to it by Indiana law. That authority should not be confused with authority over wastewater treatment or environmental permitting.

It is important to distinguish between discussing potential wastewater options and having a specific proposal before the appropriate regulatory authorities.

It is incorrect to suggest that Boone County has the authority to simply approve or stop the proposed wastewater project. The county’s authority is specific and established by Indiana law. If a proposal comes before the county that falls within its jurisdiction, the county will review it through the appropriate process and take whatever action is authorized by law.

Boone County’s responsibility is to protect the interests of county residents within the authority granted to the county by Indiana law. The county will review any proposal that comes before it and participate in the appropriate regulatory process.

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