United States Environmental Protection Agency Office of Water 4201 EPA 800-F-93-002 September 1993 vvEPA Office of Wastewater Enforcement and Compliance Mission The activities of the Office of Wastewater Enforcement and Compliance (OWEC) fall into four categories: 1) implementing the National Pollution Discharge Elimina- tion System (NPDES) program, including storm water, CSO and pretreatment programs; 2) administering the State Revolving Funds (SRF) program and over- seeing the close-out of the construction grants program; 3) implementing the permitting and enforcement aspects of the sludge use and disposal program; and, 4) providing technical advice and assistance to municipalities, particularly small municipalities, to help achieve compliance with wastewater regulatory requirements. Programs: National Pollutant Discharge Elimination System (NPDES) Permit Program The Clean Water Act (CWA) made it illegal for any point source to discharge any pollutants into the waters of the United States without a permit, which typically includes pollution limits and monitoring and reporting provisions. As of January 1993, mere are over 64,000 permits issued by EPA and by States authorized by EPA to operate the NPDES program. These permits regulate household and industrial wastes that are collected in sanitary sewers and treated at municipal wastewater treatment plants. Such permits also regulate industrial point sources and concentrated animal feeding operations (CAFOs), which discharge pollution directly into receiving waters. NPDES permits, at a minimum, set technology- based limits. For industry, these limits are generally based on the greatest reduc- tions economically achievable with available technology. For municipalities, they require secondary treatment. Where necessary to achieve State water quality standards and to assure that point source discharges do not cause toxic effects in the nation's waters, water-quality based limits are imposed. The NPDES Branch in OWEC's Permits Division implements these requirements. Storm Water Discharges from municipal wastewater treatment plants and industrial process wastewater have come under increasing control due, in large part, to the success of the efforts under the NPDES program. This success has brought to the fore- front the pollution problems associated with other sources. One such source of pollutants is sewers discharging storm water associated with urban runoff and industrial and construction activity. The CWA Amendments of 1987 established a two-phased storm water program. Phase I, currently under implementation, requires permits for separate storm water systems serving large and medium- size communities, i.e., those with populations over 100,000, and for storm water discharges associated with industrial activity and construction activity of at least five acres. Hundreds of thousands of facilities have discharges in the scope of coverage of Phase I regulations. Phase II, scheduled to begin implementation in October 1994, will address remaining storm water discharges. ------- NPDES permits regulate concentrated animal feeding operations, such as the one pictured above EPA's National CSO Control Strategy will reduce the harmful effects of untreated discharges The EPA Storm Water Hotline, (703) 821-4823, is available to the public to answer questions concerning storm water issues. Combined Sewer Overflows (CSOs) CSO is a term used to describe discharges to surface waters of untreated sewage, industrial wastewater and storm water during periods of rainfall when the capacity for combined sewer systems (i.e., systems that collect and transport a combination of sewer, storm and/or indus- trial wastewater) is exceeded. As a result, during heavy rains as much as 90 percent of the total wastes that enter a combined sewer system are discharged untreated through CSO points into receiving waters. EPA estimates show that there are approximately 1,050 communities with combined sewer systems with an estimated 10,550 CSO discharge points. CSOs can necessitate beach closings and shell fishing bans. In order to eliminate or minimize the effects of CSOs, EPA issued a National CSO Control Strategy on August 10,1989 and is now implementing that strategy and preparing supplemental guidance. Pretreatment The objectives of the pretreatment program are to: 1) prevent pollutant dis- charges from industrial facilities from passing untreated through municipal wastewater treatment plants and entering receiving waters; 2) protect treatment plant facilities from the threat untreated industrial wastewater poses of explosion, fire or interference with treatment processes; and 3) improve the quality of effluents and sludges so they can be beneficially used. There are approximately 1500 municipal treatment plants and several hundred thousand users under the pretreatment programs administered by the EPA and by 27 authorized States. The National Pretreatment Program is administered by the Pretreatment and Multi- Media Branch in the Permits Division. Sewage Sludge Sludge is semi-solid residue from water treatment processes; proper management of it includes land application, disposal or incineration. If improperly managed, municipal sewage sludge can cause public health or environmental problems. The 1987 Amendments to the CWA specify that NPDES permits (or equivalent permits) must regulate the use and disposal of sewage sludge. Therefore, EPA promulgated in 1992 regulations that contain specific technical standards to which the permittee, other users, and disposers must conform. The Permits Division Pretreatment and Multi-Media Branch addresses sewage sludge program implementation issues (particularly, permit- ting and state program issues), while the Enforcement Division addresses com- pliance monitoring and enforcement program issues. Enforcement of Clean Water Act Requirements NPDES and sludge permits establish requirements with which a permittee must comply for all of the above programs. Performance against those requirements ------- must then be monitored and the compliance status of the permittee established. While requirements and monitoring techniques vary by program, in general, permittees must sample and report performance through a self-monitoring system. The wastewater enforcement program uses a variety of techniques to identify compliance status, including on-site inspections and data review through an automated tracking system. Either informal or formal enforcement responses may be taken in response to noncompliance. Formal enforcement responses, either administrative or judicial, often result in a penalty assessed against the permittee which seeks to recover at least an amount deemed as the economic advantage the violator obtained from noncompliance. Grants to States $3,500,000,000 $2,500,000,000 $1,500,000,000 State Revolving Funds (Water Treatment) State and Local Section 106 Water Pollution Control Program Grants. The Section 106 grants program provides federal assistance to States (including territories, the District of Columbia, and Indian Tribes qualified under Section 518(e)), and Interstate Agencies to establish and implement programs to prevent and control surface and ground water pollution from point and nonpoint sources. Prevention and control measures include permitting, pollution control studies, planning, surveillance and enforcement; advice and assistance to local agencies; and training and public information. About $80 million per year is distributed to the States under the 106 Grant program by formula based on the extent of the pollution problem in the respective States. Facilities Finance and Support Programs Construction Grants Program During the 1970s and 1980s the construction grants program was a major source of funds, providing approximately $50 billion for wastewater treatment projects, including: the building of sewage treatment plants, rehabilitation of sewer systems, and control of CSOs. With its 1987 amendments to the CWA, Congress ended funding for the construction grants projects as of 1990, and substituted for it the State Revolving Fund. The construction grants program is working to close- out those projects funded under the construction grants program. More recently, Congress has funded set-aside grants for Native American tribal organizations and targeted grants for projects in coastal cities and along the Mexican border. State Revolving Funds (SRFs) SRFs are permanent, self-sustaining funds, monitored by the State Revolving Fund Branch in the Municipal Support Division. SRFs provide assistance to construct treatment works and implement nonpoint source and conservation management programs. Agency funding for States to capitalize revolving funds for the planning and constructing of wastewater treatment facilities amounted to approximately $2 billion per year in 1991 and 1992. Loan payments generate cash flow to finance subsequent projects. ------- Michael Cook Office Director Cynthia Dougherty Director Permits Division Rich Kozlowski Director Enforcement Division Michael Quigley Director Municipal Support Division Municipal Water Pollution Prevention (MWPP) Program Federal, State and local government investment in projects for municipal waste- water treatment facilities amounts to $75 billion since 1972. The MWPP program aims to: maintain these wastewater facilities; reduce and eliminate their water pollution; and increase compliance rates at municipal facilities. The program helps EPA Regions and States implement a variety of programs, including voluntary source reduction and water use efficiency. The Municipal Support Division implements the program. Colonias Colonias are unincorporated communities in Texas, New Mexico, Arizona and California. Found along the Mexican border, colonias are populated largely by immigrants from Mexico and South and Central America. Colonias often lack safe drinking water and sanitary facilities, posing serious public health problems for residents of these communities. The Municipal Support Division oversees grants earmarked for colonias by Congress. International Border Environmental Plan (IBEP) IBEP is a comprehensive and cooperative effort, pursuant to a 1989 agreement between President Bush and Mexican President Salinas, intended to address the serious environmental problems and human health risks along the Mexican-U.S. border. OWEC is working on a number of projects, including: (1) increase waste- water treatment, initially in colonias, San Diego and Tijuana; (2) strengthen industrial pretreatment programs to cope with rapidly expanding border indus- try growth; (3) protect drinking water supplies; and, (4) monitor toxic releases to the Rio Grande River. Small Community Outreach and Education (SCORE) Program SCORE provides information and technical assistance to State and local officials on small wastewater systems. Its goal is to help small communities build and maintain self-sufficient wastewater facilities that comply with the CWA. Through a variety of outreach networks, the program stresses appropriate technology, sound financial management, proper operations and maintenance, pollution prevention and public education. SCORE is supplemented by a national clearing- house on small technologies and an environmental training center for providers of services to small communities. For more information, contact: Kevin Rosseel Resources Management and Evaluation Staff U.S. Environmental Protection Agency Office of Water, 4201 401 M Street, S.W. Washington, D.C. 20460 (202)260-3715 ------- |