CMOM and Beyond Overview of the Proposed SSO Rule

1. 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

2. Presentation Objective 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.

3. Overview • SSO Rule & EPA Enforcement • Operational Program Management • Program Components • Monitoring, Measuring and Modifications

4. CMOM and BeyondOverview of the Proposed SSO Rule SSO Rule & EPA Enforcement

5. Why EPA Cares About SSOs • A national problem • SSOs 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 problem • EPA convened negotiating committee Dec 1994. • Included municipal, environmental, and state stakeholders. • EPA committed to considering recommendations;hence, evolving regulations on SSOs.

6. SSO Rule Update • Intended to require Best Management Practices (BMPs) using proposed CMOM regulation. • Capacity • Management • Operational Practices • Maintenance Practices • Withdrawn from the Federal Register as enforcing the Clean Water Act (CWA) was sufficient.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.

7. EPA Overflow Reduction Strategy • April 2000: EPA Developed Strategy • Enforce Using CWA Authority • Address problems using CMOM concepts • EPA Regions Develop Enforcement Plan • ID SSO and NPDES Violators & Establish Enforcement Priorities • Use Full Range of Regulatory Response Options • Ensure Action Taken • EPA Activity in Region 10 • Oregon - Portland, Medford • Washington - Seattle Public Utilities, King County, Everett EPA has increased their emphasis on audits

8. JULY 1998 JULY 1998 May 3, 2005 - Metropolitan Wastewater Department City Reaches Agreement on Sewer Spills Lawsuit SAN 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 Department City Reaches Agreement on Sewer Spills Lawsuit SAN 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. EPA Actions . . . 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 tothe city’s remaining wastewater collection and treatment challenges.

9. EPA Enforcement Strategy (2008-2010)* Goals for CSOs Goals for SSOs 1 1 Address 100% of all combined sewersystems with 50,000+ population 100% of large & associated satellite systems addressed 2 2 50% of medium & associated satellite systems addressed Prioritize less than 50,000 population applicable for federal involvement • Large System = 100 MGD (design flow) or greater • Medium System = >10 MGD but <100 MGD * EPA Presentation at PNCWA 9.12.2008

10. June 2009EPA enters Administrative Orders with King County and Seattle Public Utilities 2010Who’s Next?Is Your Agency Ready? March 2008EPA audits King County and Seattle Public Utilities August 2009EPA audits City of Everett Public Works Department Local EPA Actions . . .

11. “. . .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

12. 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.

13. EPA Proposed Enforcement Strategy (2011-2013) Candidate National Enforcement Priority: Wet Weather Municipal Infrastructure (Jan ‘10) 1 1 Decrease impact on water quality Combined Sewers Infrastructure Goals 2 3 2 Sanitary Sewers Municipal Separate Storm Sewer Systems (MS4s) Encourage utilities to develop a betterway of managing infrastructure by understanding condition and making risk-based decisions

14. Other SSO Reduction Actions • Stakeholder Lawsuits • Non-Governmental Organizations (NGOs) • Action Agenda • Partnership to clean up Puget Sound

15. Typical EPA Audit and Order Process – Collection System Audit Phase Letter & Information Request Possible Supplemental Info Requests Comments by Agency (Usually Only 30 Days)*** Final Audit Report Draft Audit Report** Initial Audit* *Focus on Facts and Data During Audits, Not “War Stories” **Review Results VeryClosely ***Respond regardless of whether it will affect the audit

16. Typical EPA Audit and Order Process – Collection System Order Phase Administrative Order or Possible Consent Decree Implement Programs Draft Proposal to Correct Deficiencies* Prepare Plans Required by Order / CD Monitor Compliance and Results Negotiations on Programs** *Often Issued 4 to 6 Months After Final Audit Report **Can take days or years

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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)

23. 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

24. SSO Rule & EPA Enforcement Summary A High Level of SSOs Gains Attention from EPA, State, or NGOs Audits Should Not be Taken Lightly – Understand the Process and Implications Adopt BMPs and Develop Programs that Follow CMOM Guidelines Data to Support Your Position is Crucial for Reasonable EPA Negotiation Outcomes

25. CMOM and BeyondOverview of the Proposed SSO Rule Operational Program Management

26. 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

27. Dry Avoidable ≤ Design Storm Wet Unavoidable > Design Storm What are Avoidable/ Unavoidable Conditions Criteria Utility EPA Dry weathercondition All are avoidableunless demonstrated otherwise $$$ to eliminate all unavoidable

28. Avoidable Overflows Are Caused By: • Inadequate or negligent operation • Inadequate system capacity • Improper system design

29. Unavoidable Overflows Result From: • Extreme acts of nature • Unavoidable third party actions • Unforeseen/unavoidable structural, mechanical, etc. failure • Unforeseen/unavoidable blockages

30. Insufficient System Capacity - 7% Power Failure - 11% I/I - 27% Pipe Breaks - 12% Pipe Blockages - 43% Estimated SSO Occurrences • Based on a sample of six communities • Causes of SSOs can vary significantly from community to community Source - EPA website

31. Minimum Operational Measures • Identification andtracking of overflows • Immediate responseto overflows • Proper operation andmaintenance programs • Public notification as needed

32. 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

33. 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

34. Management Program General Standards Overflow Response Plan System Evaluation & Capacity Assurance Plan Completed Program Commun- ications Program Audits Program Components

35. Design Approaches • Requirements and standardsfor installing new sewers,pumps, etc. • Procedures andspecifications forinspecting andtesting installationof new sewers,pumps, etc.

36. Program Tools • Hydraulic Modeling • Predictive Modeling - Rehabilitation Assessment Models • Decision Analysis • Field Inspections • Geographic Information Systems (GIS) • Master Plan

37. 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

38. 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

39. Measures and Activities • Maintenance of facilities andsystem map • Management and timely use of relevantinformation to establish and prioritize program activities • Cleaning Cycles • Rehab and Replacement • CCTV • Smoke Testing

40. 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.

41. Program Audits • Conduct internal audit as part of NPDES permit application preparation • Organizational deficiencies - Identify areas within organization and practices in need of improvement • Identify NPDES violations • Determine number of overflows • Evaluate customer complaints

42. 3. Public Health Officials 2. Local Government 4. NPDES Authorities 1. Operators 5. Public Compliance with CWA Communications Participants Eliminating Avoidable Overflows

43. Plan Program (Including Updates) ImplementProgram Analyze/Evaluate Program Identify any needed Program Updates Continuous Program Process

44. 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

45. Example Program Results

46. 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 techniques Results in proactive system approach to eliminate avoidable overflows

47. Questions and Discussion

48. 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