Sanitary Sewer Overflow (SSO) Consent Decree Update July 15, 2020 1 Agenda • Background • Strategic Priorities • Schedule Update – Roads • Schedule Update – ESAs • Consent Decree Costs • National Park Service • Summary 2 Background • On December 7, 2005, the United States District Court for the District of Maryland entered a Consent Decree to resolve civil claims that WSSC Water violated the Clean Water Act and Maryland water pollution control, health and nuisance laws. Four citizens groups - the Anacostia Watershed Society, the Audubon Naturalist Society of the Central Atlantic States, Inc., Friends of Sligo Creek, and the Natural Resources Defense Council intervened as plaintiffs in the underlying civil action and signed the Consent Decree. In a First Amendment to the Consent Decree another citizens group- the Patuxent Riverkeeper also intervened as a plaintiff. • The purpose of the 2005 Consent Decree is to eliminate the sanitary sewer overflows (SSOs) occurring in WSSC Water’s collection system by requiring WSSC Water to inspect the condition of its sewer basins, identify structural and capacity problems contributing to SSOs, and to propose and implement rehabilitation plans to remediate such problems. • The 2005 Consent Decree, as entered, required WSSC Water to complete its collection system repair work by December 7, 2015. • Due to delays in obtaining necessary permits from governmental agencies, and the need to institute condemnation proceedings to obtain access to private property to perform sewer rehabilitation, WSSC Water entered into a 2nd Amendment to the Consent Decree which extended the deadline for completing collection system repair work to February 9, 2022. • Twenty-two (22) sewer basins encompassing WSSC Water’s service area are involved in the collection system repairs. 3 Strategic Priorities Optimize Infrastructure Protect Our Resources 4 Schedule Update: Roads Work by Basin • 135 Construction Task Orders o 131.4 miles awarded for construction o 131.09 (99%) miles rehabilitated as of April 27, 2020 Sligo Creek 100% Western Branch 100% Cabin John 99% → 100% Mattawoman 100% Paint Branch 100% Northwest Branch 100% Lower Anacostia 100% Horsepen Branch 100% Beaverdam 100% Northeast Branch 99% → 99% Seneca Creek 100% Oxon Run 99% → 99% Dulles Interceptor 100% Rock Creek 100% Muddy Branch 100% Rock Run 100% Broad Creek 100% Little Falls 99% → 99% Piscataway 100% Watts Branch 100% Parkway 100% 5 Schedule Update: Environmentally Sensitive Area (ESA) Work by Basin • ESA includes a total of 257 Construction Task Orders o 255 (99%) Construction Task Orders issued for construction • ESA includes a total of 158.49 miles o 158.28 (99%) miles awarded for construction o 124.53 (79%) miles rehabilitated as of April 27, 2020 Muddy Branch 81% → 100% Rock Run 81% → 100% Western Branch 89% → 92% Paint Branch 80% → 84% Seneca Creek 100% → 100% Beaverdam 98% → 98% Watts Branch 68% → 76% Piscataway 95% → 95% Parkway 79% → 87% Rock Creek 97% → 100% Oxon Run* 78% → 78% Sligo Creek 91% → 91% Horsepen Branch 100% Cabin John 93% → 100% Dulles Interceptor 100% Northeast Branch* 80% → 80% Mattawoman 100% Lower Anacostia 100% → 100% Monocacy 100% Northwest Branch 91% → 91% Patuxent North 100% Broad Creek* 94% → 94% Patuxent Center 100% Little Falls 74% → 74% 6 $10,000,000.00 $20,000,000.00 $30,000,000.00 $40,000,000.00 $50,000,000.00 $60,000,000.00 Cost($) $0.00 1-Jul-05 1-Oct-05 1-Jan-06 $1,503,405,463 Cost: Projected Cumulative $1,320,888,127Cost: Actual Cumulative $1,324,364,309and Cost: Budgeted Cumulative As of Dec 31, 2021:Dec As of As of March 31, 2020:31, March As of 1-Apr-06 Actual Nonlabor Cost Cum Budgeted Nonlabor Cost Cum Cost Actual Nonlabor Cost Nonlabor Budgeted 1-Jul-06 1-Oct-06 1-Jan-07 1-Apr-07 1-Jul-07 1-Oct-07 1-Jan-08 1-Apr-08 1-Jul-08 1-Oct-08 1-Jan-09 1-Apr-09 1-Jul-09 1-Oct-09 1-Jan-10 Mar till vs. Actual Cost Planned Decree Consent 1-Apr-10 1-Jul-10 1-Oct-10 1-Jan-11 1-Apr-11 1-Jul-11 1-Oct-11 1-Jan-12 1-Apr-12 1-Jul-12 1-Oct-12 1-Jan-13 1-Apr-13 1-Jul-13 1-Oct-13 1-Jan-14 1-Apr-14 1-Jul-14 1-Oct-14 1-Jan-15 1-Apr-15 1-Jul-15 1-Oct-15 1-Jan-16 1-Apr-16 1-Jul-16 1-Oct-16 - 1-Jan-17 2020 1-Apr-17 1-Jul-17 1-Oct-17 1-Jan-18 1-Apr-18 1-Jul-18 1-Oct-18 1-Jan-19 1-Apr-19 1-Jul-19 1-Oct-19 1-Jan-20 1-Apr-20 1-Jul-20 1-Oct-20 1-Jan-21 1-Apr-21 1-Jul-21 1-Oct-21 1-Jan-22 $0.00 $200,000,000.00 $400,000,000.00 $600,000,000.00 $800,000,000.00 $1,000,000,000.00 $1,200,000,000.00 $1,400,000,000.00 $1,600,000,000.00 7 Cumulative Cost Consent Decree Costs Description Projected Total Actual Cost to Date Cost to Date Consent Decree (All Articles) ** $1,994,955,619.84 $1,733,472,648.29 Article 06 $1,503,405,463.00 * $1,320,888,127.58 All Other Articles Total Cost *** $488,813,706.84 $410,115,950.84 General Cost $41,523,501.00 $29,712,390.00 Article 02 $95,863,891.00 $73,718,957.00 Article 03 $41,606,772.84 $32,526,487.84 Article 04 $37,205,477.00 $26,585,159.00 Article 05 $2,708,764.00 $2,708,764.00 Article 07 $13,279,606.00 $681,082.00 • Projected total cost to date (includes: Article 10 $200,623,560.00 $201,418,112.00 Construction, Program Management, Design and Article 11 $50,959,038.00 $37,721,902.00 Environmental Support) ** Includes the Article 06, Supplemental Environmental Projects $5,043,097.00 $5,043,097.00 All Other Articles Total Cost and Stipulated Stipulated Penalties $2,736,450.00 $2,468,569.87 Penalties *** Does not include the Stipulated Penalties 8 National Park Service (NPS) NPS Sites Remain on the Critical Path • Broad Creek Basin Projects – Rehabilitation work was completed in April 2019. • Oxon Run Basin Projects – Rehabilitation work was completed on February 1st 2020. • Northeast Branch Basin Projects – The Rehabilitation projects in Greenbelt Park have been separated into two (2) NPS permit packages: o As a result of NPS building a bridge abutment very close to a WSSC Water sewer main, the sewer main is being relocated and NPS is reviewing the documents under an Environmental Assessment (EA) for issuance of a permit. o Permit for all other rehabilitation projects will be issued under a Categorical Exclusion. o It is anticipated that permits will be issued by the end of July 2020. 9 Summary • Total number of sewer assets to be rehabilitated, repaired, relocated (SR3) under the Consent Decree: 7,071 • Number of sewer assets with designs completed: 6,833. Remainder in design: 238 Anticipated design completion: December 2020. • Anticipated construction completion: December 2021. • In accordance with the US Army Corps of Engineers permit requirements, post construction monitoring for stream projects will continue five (5) years after construction is completed. • Upon completion of SR3 construction in each sewer basin, WSSC Water will conduct a Performance Assessment of the work performed, to determine the effectiveness of the rehabilitation work performed in each sewer basin. 10 Questions? 11.