CMOM and BeyondOverview of the
Proposed SSO Rule
Presented By: Deborah Chase, CBCP Phone: (425) 450-6257 [email protected]
Ron Brown, PE, PMP Phone: (425-450-7104) [email protected]
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Withdrawn from the Federal Register as enforcing the Clean Water Act (CWA) was sufficient.CWA prohibits any avoidable discharge of untreated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