Sanitary Sewer Overflow Enforcement : A National Perspective

LOREN DENTON, CHIEF MUNICIPAL ENFORCEMENT BRANCH WATER ENFORCEMENT DIVISION U.S. ENVIRONMENTAL PROTECTION AGENCY 2 Topics Covered

 SSOs – National Enforcement Initiative  Collection System Violations  Injunctive Relief  Integrated Planning  Financial Capability  Recent SSO Settlements Background 3

 ~20,000 systems nationwide.  2004 Report to Congress on “Impacts and Control of CSOs and SSOs” EPA estimated:

 Annual SSO discharge volume at 3 to 10 billion gal/yr;

 23,000 - 75,000 SSOs occur each year nationwide.  Numbers low?

 Likely - SSO reporting requirements vary from state to state.

4 Sanitary Sewer Overflows

 Overflows

 To Waters of the U.S.

 That do not reach Waters of the U.S.

 Building/Property Backups.

4 Threat to Public Health and the 5 Environment

 Untreated discharges contain:

 High concentrations of microbial pathogens;

 Industrial wastes;

 Hospital wastes. 5 6

http://www2.epa.gov/enforcement

7 Status of sanitary sewer systems

8 9 Collection System Violations

 Unpermitted discharges;

 Operation and Maintenance (O&M);

 Illegal bypasses at the wastewater treatment plant;

 “Imminent and substantial endangerment”;

 Section 504 of the CWA. Injunctive Relief 10

 WWTP  Optimization/Expansion;  Flow Monitoring and Modeling;  Sanitary Sewer Evaluation Survey;

 Excessive I/I

 Private Laterals  Capacity Assessment; 1  Pump station replace/upgrade; 0 Injunctive Relief, cont. 11

 Sewer line repairs/replacements;

 Overflow Reporting/Response Plan (including “Building Backup Program”);

 Asset Management;

 Elimination of constructed SSO .

 Next Gen Compliance;

 Civil penalties;

 Supplemental Environmental Projects (SEPs). 11 12 Integrated Planning Framework: What Does It Provide?

 An opportunity for municipalities to propose to meet CWA requirements by:

 sequencing wastewater and projects in a way that allows the highest priority environmental projects to come first, and

 potentially using innovative solutions, such as .

Integrated Planning 13

 Use the flexibility of EPA’s existing regulations and policies to encourage municipalities to evaluate how best to meet all of their CWA requirements:

 Maintain existing regulatory standards;

 Within a municipalities financial capability;

 Sequencing wastewater and stormwater projects, highest priority environmental projects come first

 Adaptive management; and,

 Innovative solutions, such as green infrastructure. 14 Integrated Plan Elements

 Element 1 ― Water Quality, Human Health, Regulatory Issues

 Element 2 ― Existing Systems and Performance

 Element 3 ― Stakeholder Involvement

 Element 4 ― Evaluating and Selecting Alternatives

 Element 5 ― Measuring success

 Element 6 ― Improvements to Plan

15 Financial Capability

 Financial issues often impact compliance schedule development.  EPA’s approach to considering financial issues established in1997 Guidance: “ Overflows – Guidance for Financial Capability Assessment and Schedule Development.  The guidance is also applicable to SSO and other municipal enforcement issues. 16 Financial Capability Framework

 FCA Framework, 2014: Elements  1997 Guidance provides a common basis.  Financial capability is on a continuum - MHI (Median Household income) is not a rigid threshold.  EPA will consider cost for all CWA obligations.  Communities should assure that CWA obligations that are included as costs will be implemented. 17 Environmental Justice

 Untreated sewage overflows particularly affect older urban areas, where minority and/or low income communities are often concentrated.

 Certain areas of a community may be disproportionably impacted by the costs to implement environmental control measures. 18 Next Generation Compliance

19

20 Obligation to Perform Work

 Work performed using sound engineering practices …, including practices to improve the resilience of the Sewer System to the impacts of climate change.  Sound engineering practices may include appropriate provisions of

 Handbook: Sewer System Infrastructure Analysis and Rehabilitation, EPA/625/6-91/030, 1991;

 Existing Sewer Evaluation and Rehabilitation, WEF MOP FD-6, 2010;

 Computer Tools for Sanitary Sewer System Capacity Analysis and Planning, EPA/600/R-07/111, October 2007;

 Applicable state Guidance for the Design of Publicly Owned Wastewater Facilities;

 EPA's Climate Ready Water Utilities (CRWU) Initiative, referenced at EPA 817-F-12-005, 2012; and EPA's Climate Resilience Evaluation and Awareness Tool Version 2.0 (CREAT 2.0), referenced at EPA 817-F- 12- 011, 2012

21 Examples of Injunctive Relief from Recent Cases Resolve by EPA/DOJ

 Bangor, ME

 Greenville, MS Bangor, ME 22 Lodged 8-26-15

 Injunctive Relief Includes:  CSO/SSO/MS4 Settlement  Develop and Implement CMOM Program, including sewer system evaluations studies (“SSES”),  Implementing a thorough IDDE program within the City’s MS4.

23 Greenville, MS Lodged 1-28-16

 Injunctive Relief Includes:  Evaluation and rehabilitation of the City’s wastewater collection system;  Capacity assessment and remedial actions;  Implementation of a Capacity, Management, Operation and Maintenance (CMOM) Program; and,  All Work shall be performed using sound engineering practices to ensure … the Sewer System complies with the CWA, including practices to improve the resilience of the Sewer System to the impacts of climate change

24 Sanitary Sewer Overflow Enforcement A National Perspective

Questions?

LOREN DENTON WATER ENFORCEMENT DIVISION U.S. EPA 202-564-1148 [email protected]