cmom and beyond overview of the proposed sso rule presented by: deborah chase, cbcp phone: (425)...

CMOM and BeyondOverview of the

Proposed SSO Rule

Presented By: Deborah Chase, CBCP Phone: (425) 450-6257 Deborah.Chase@hdrinc.com

Ron Brown, PE, PMP Phone: (425-450-7104) Ron.Brown@hdrinc.com

Update on the previously proposed SSO rule and how EPA enforcement

of the Clean Water Act (CWA) for collections systems, operations, and

maintenance impacts municipal wastewater utilities.

Presentation ObjectivePresentation Objective

Overview

SSO Rule & EPA Enforcement Operational Program Management

Program Components

Monitoring, Measuring and Modifications

SSO Rule & EPA Enforcement

CMOM and BeyondOverview of the Proposed SSO Rule

Why EPA Cares About SSOs

A national problemSSOs are widespread.SSOs pose health/environmental risks.Chronic SSOs reflect inadequate O&M.

EPA/States sending mixed signals Inconsistent/unclear NPDES requirements.

Response to the national problemEPA convened negotiating committee Dec 1994. Included municipal, environmental, and state stakeholders.EPA committed to considering recommendations;

hence, evolving regulations on SSOs.

SSO Rule Update Intended to require Best Management Practices

(BMPs) using proposed CMOM regulation.CapacityManagementOperational PracticesMaintenance Practices

Withdrawn from the Federal Register as enforcing the Clean Water Act (CWA) was sufficient.CWA prohibits any avoidable discharge of untreated

wastewater.EPA’s goal is to eliminate or minimize overflows as

required by the CWA.

EPA Overflow Reduction Strategy

April 2000: EPA Developed Strategy Enforce Using CWA AuthorityAddress problems using CMOM concepts

EPA Regions Develop Enforcement Plan ID SSO and NPDES Violators & Establish Enforcement PrioritiesUse Full Range of Regulatory Response OptionsEnsure Action Taken

EPA Activity in Region 10Oregon - Portland, MedfordWashington - Seattle Public Utilities, King County, Everett

EPA has increased their emphasis on audits

EPA Actions . . .

JULY 1998JULY 1998

May 3, 2005 - Metropolitan Wastewater DepartmentCity Reaches Agreement on Sewer Spills LawsuitSAN DIEGO - The City of San Diego has reached an agreement that ensures the continuation of the City's successful Sewer Spill Reduction Program. The consent decree, signed by the City, the Surfrider Foundation, the San Diego Baykeeper, and the EPA, resolves a lawsuit against the City for alleged violations of the Clean Water Act from sewer spills. Monies to meet the estimated $187 million settlement are already part of the Metropolitan Wastewater Department's budget.

May 3, 2005 - Metropolitan Wastewater DepartmentCity Reaches Agreement on Sewer Spills LawsuitSAN DIEGO - The City of San Diego has reached an agreement that ensures the continuation of the City's successful Sewer Spill Reduction Program. The consent decree, signed by the City, the Surfrider Foundation, the San Diego Baykeeper, and the EPA, resolves a lawsuit against the City for alleged violations of the Clean Water Act from sewer spills. Monies to meet the estimated $187 million settlement are already part of the Metropolitan Wastewater Department's budget.

May 8, 2007 - EPA, DOJ, and State of Hawaii reach agreement with the City and County of Honolulu to address vulnerabilities that led to Waikiki sewage spill

HONOLULU – The Department of Justice, the U.S. Environmental Protection Agency, the Hawaii Attorney General’s Office, and the Hawaii Department of Health have reached an interim agreement with the City and County of Honolulu that will correct the most significant problems in Honolulu’s wastewater collection system. This settlement resolves a civil enforcement action that the United States and the state have filed against the city.

The current agreement is an interim settlement because it addresses only some of the problems in the city’s wastewater collection system. In addition to the force mains addressed in the agreement announced today, the city’s wastewater collection and treatment system includes many other features which are the subject of other regulatory processes and legal proceedings. As a next step, it will be the intention of the federal and state governments to attempt to reach a comprehensive resolution to the city’s remaining wastewater collection and treatment challenges.

EPA Enforcement Strategy (2008-2010)*

* EPA Presentation at PNCWA 9.12.2008

100% of large & associated satellite systems addressed

1

50% of medium & associated satellite systems addressed

2

Large System = 100 MGD (design flow) or greater Medium System = >10 MGD but <100 MGD

Goals for SSOs Goals for CSOs

Address 100% of all combined sewersystems with 50,000+ population

1

Prioritize less than 50,000 population applicable for federal involvement

2

Local EPA Actions . . .

March 2008EPA audits King County and

Seattle Public Utilities

June 2009EPA enters Administrative

Orders with King County and Seattle Public Utilities

August 2009EPA audits City of Everett Public Works Department

2010Who’s Next?

Is Your Agency Ready?

“. . .we need to raise the bar for clean water enforcement performance . . . we must boost EPA’s enforcement presence . . . we must assure that we are doing the work that is most important

to clean up our nation’s waters . . .”-Lisa Jackson, EPA Administrator – July 2, 2009

EPA Enforcement Goals

Clean Water Act action plan: revamp enforcement and work with permitting to focus on the biggest pollution problems, including: Getting raw sewage out of the water Reducing polluted storm water runoff

Clean up great waters that matter to communities, e.g, Chesapeake Bay

Aggressively go after pollution problems that make a difference in communities. Vigorous civil and criminal enforcement that targets

the most serious water, air and chemical hazards; advance environmental justice by protecting vulnerable communities.

EPA Proposed Enforcement Strategy (2011-2013)

Goals

Decrease impact on water quality1

Encourage utilities to develop a betterway of managing infrastructure by understanding condition and making risk-based decisions

2

Candidate National Enforcement Priority:Wet Weather Municipal Infrastructure (Jan ‘10)

Combined Sewers1

Sanitary Sewers2

Infrastructure

Municipal Separate Storm Sewer Systems (MS4s)

3

Other SSO Reduction Actions

Stakeholder LawsuitsNon-Governmental Organizations (NGOs)

Action AgendaPartnership to clean up Puget Sound

Typical EPA Audit and Order Process – Collection System Audit Phase

Letter & Information

Request

Initial Audit*

Possible Supplemental Info Requests

Draft AuditReport**

Comments byAgency (Usually Only 30 Days)***

Final Audit Report

*Focus on Facts and Data During Audits, Not “War Stories”*Focus on Facts and Data During Audits, Not “War Stories”

***Respond regardless of whether it will affect the audit***Respond regardless of whether it will affect the audit**Review Results Very Closely**Review Results Very Closely

Draft Proposal toCorrect Deficiencies*

Negotiations on Programs**

Administrative Order or PossibleConsent Decree

Prepare Plans Required by Order / CD

ImplementPrograms

Monitor Complianceand Results

*Often Issued 4 to 6 Months After Final Audit Report*Often Issued 4 to 6 Months After Final Audit Report**Can take days or years**Can take days or years

Typical EPA Audit and Order Process – Collection System Order Phase

Lessons Learned: Capacity Programs

Scrutinize Peaking Factors and Assumptions – Don’t Be Too Conservative

Consider Different Capacity Upgrade Guidelines for Existing vs. New Sewers

Field Verify Capacity Issues Identified by Models Before Finalizing CIP

Wet Weather: Invest in a Detailed Study of Convey & Treat vs. I/I Reduction Options

Lessons Learned: Inspection andCondition Assessment Programs

Don’t Inspect Every Sewer in the System (Unless Needed)

Utilize Risk Analysis to Identify Sewers that Should be Inspected

Standardize Defect Codes Utilized by Crews and Contractors; Have a QC Process

Inefficient to Analyze Text-Based Data and Data on Paper Forms

Lessons Learned: Inspection andCondition Assessment (Continued)

Code-Based Data Linked to Specific Assets in an Electronic Format is Easily Analyzed

Data Management is Essential – Have a Strategy and a System

Develop a Decision Process for Repair, Rehabilitation and Replacement Projects

Simplified Decision Processes are Easier, But Results Will Not be Optimal

Lessons Learned: Pump Station and Force Main Programs

To Support Negotiations, Identify Holding Time Prior to Spill and Location of Overflow for Each Pump Station

Consider Generator Connections and Portable Generators When Appropriate

For Newer Force Mains, Negotiate a Future Testing or Inspection Date

Lessons Learned: SSO Response and Notification of Stakeholders

Focus on Average Response Time During Negotiations, if Possible

Utilize Pump Station Holding Time Data to Negotiate Pump Station Response Times

Coordinate Notification With State and/or Health Department

Make Sure Your Internal Records are Consistent

Lessons Learned:Cleaning and FOG Programs

Need Cleaning Data to Negotiate Reasonable Cleaning Frequencies

Begin to Collect Cleaning Data re: the Type and Quantity of Findings in Pipes

Document Hot Spots and Assign a Frequency and Type of Cleaning

Develop a FOG Strategy & Ordinances(Inspect, Clean, Educate, or a Combination)

Successful Audit Outcome Preparation

Meet permitted number of allowable wet weather discharges

Strive for 0 dry weather CSO events Show a continuous downward trend in SSOs

(goal is 2 or fewer SSOs per 100 miles of pipe) Implement continuous improvement programs Review each program for effectiveness and make

adjustments as needed

SSO Rule & EPA Enforcement Summary

Data to Support Your Position is Crucial for Reasonable EPA Negotiation Outcomes

Adopt BMPs and Develop Programs that Follow CMOM Guidelines

Audits Should Not be Taken Lightly – Understand the Process and Implications

A High Level of SSOs GainsAttention from EPA, State, or NGOs

Operational Program Management

CMOM and BeyondOverview of the Proposed SSO Rule

Wastewater Overflows What are SSOs (sanitary sewer overflows)?

Spilled raw sewage into streets, basements, receiving water bodies, etc.; flooding from sewer system prior to treatment

What are CSOs (combined sewer overflows)?Excess wastewater discharged through NPDES permitted outfalls

during periods of rainfall or snowmelt when capacity of the sewer system or treatment plant are exceeded

What are DWOs (dry weather overflows)?Overflows from combined sewer outfalls

during dry weather; prohibited under the NPDES program

$$$ to eliminate all unavoidable

What are Avoidable/ Unavoidable

ConditionsConditions CriteriaCriteria UtilityUtility EPAEPA

Dry

Wet

Dry weathercondition

> Design Storm

≤ Design Storm

Unavoidable

Avoidable All are avoidable

unless demonstrated

otherwise

Avoidable Overflows Are Caused By:

Inadequate or negligent operation Inadequate or negligent operation

Inadequate system capacity Inadequate system capacity

Improper system design Improper system design

Unavoidable Overflows Result From:

Extreme acts of nature Extreme acts of nature

Unavoidable third party actions Unavoidable third party actions

Unforeseen/unavoidable structural, mechanical, etc. failure

Unforeseen/unavoidable structural, mechanical, etc. failure

Unforeseen/unavoidable blockages Unforeseen/unavoidable blockages

Estimated SSO Occurrences Based on a sample of six communities Causes of SSOs can vary significantly from community to community

Insufficient System Capacity - 7%

Source - EPA websiteSource - EPA website

Power Failure - 11%

Pipe Breaks - 12% I/I - 27%

Pipe Blockages - 43%

Minimum Operational Measures

Identification andtracking of overflows

Immediate responseto overflows

Proper operation andmaintenance programs

Public notification as needed

Advanced Operational Measures

Process to prioritize chronic wet weather and avoidable dry weather overflows

Process to identify and monitor system performance indicators

Optimization of treatment plant operations during wet weather

Separate sewer system specific evaluation Long-term remediation evaluation and plan

Best Management Practices (BMPs)

Know your collection system capacity Know your hydraulic bottlenecks Know your asset conditions Have established procedures for

emergency response and public notification Ensure CIP and preventative maintenance

programs address all known deficiencies

Program ComponentsProgram Components

Completed Program

Completed Program

GeneralStandards

Management Program

System Evaluation& Capacity Assurance

Plan

Overflow Response

Plan

Program AuditsCommun-

ications

Design Approaches

Requirements and standardsfor installing new sewers,pumps, etc.

Procedures andspecifications forinspecting andtesting installationof new sewers,pumps, etc.

Program Tools

Hydraulic Modeling Predictive Modeling - Rehabilitation

Assessment Models Decision Analysis Field Inspections Geographic Information Systems (GIS) Master Plan

Management Program Overview

Identify program goals Identify organization Establish programs for Utility Responsibilities Identify measures and activities Establish design and performance standards Implement monitoring, measurement,

and program modifications

Overflow Emergency Response Plan Ensures…

Awareness of all overflows Response to overflows Reporting of overflows Notification to public, health agencies, etc. Trained personnel follow plan Provision of emergency operations

Measures and Activities

Maintenance of facilities andsystem map

Management and timely use of relevantinformation to establish and prioritize program activitiesCleaning CyclesRehab and ReplacementCCTVSmoke Testing

System Evaluation and Capacity Assurance Plan (SEACAP)

Evaluation – Identify portions of system that experience or contribute to overflows.

Capacity Enhancement Measures – Short- and long-term measures to address any identified hydraulic deficiency.

Plan Updates – Describe significant change in proposed actions or implementation schedule and performance of implemented measures.

Program Audits

Conduct internal audit as part of NPDES permit application preparationOrganizational deficiencies - Identify areas within

organization and practices in need of improvementIdentify NPDES violationsDetermine number of overflowsEvaluate customer complaints

Communications Participants

3.Public Health

Officials

3.Public Health

Officials2.

Local Government

2.Local

Government

1.Operators

1.Operators

5.Public

5.Public

4.NPDES

Authorities

4.NPDES

Authorities

Eliminating

Avoidable Overflows

Compliance with CWA

Continuous Program Process

Plan Program (Including Updates)

ImplementProgram

Analyze/Evaluate Program

Identify any needed Program Updates

Monitoring, Measurement, and Program Modifications

Monitor program element implementation Measure effectiveness of each program

element Update program elements based on

monitoring/performance evaluations Update summary of program

Example Program Results

0

50

100

150

200

250

300

350

400#

of

SS

Os

Year

SSO History (1997-2009)

Programs Implemented

Programs Modified

Suggestions for Improving Programs

Assess conditions Evaluate cost-effective alternatives for repair,

and budget accordingly Develop master plan for phased implementation

Examine user fees and develop programs for

matching them to assessed needs Evaluate alternative funding, including grants,

loans, and creative financing techniquesResults in proactive system approach to eliminate avoidable overflows

Questions and Discussion

Typical EPA AO/CD Requirements

Preventive Maintenance to Eliminate (Minimize) SSOs Fats, Oils & Grease (FOG) Management Inspection & Condition Assessment Process to Identify Deficiencies CIP - Sewer Rehabilitation & Replacement Capacity Assessment & Assurance Pump Station Programs Force Main Programs