United States
Environmental Protection
Agency
Office of Enforcement
and Compliance
Assurance(2248A)
EPA300-N-03-001
&EPA Enforcement Alert
Volume 6, Number 1
Office of Regulatory Enforcement
March 2003
EPA Strategically Addressing Raw Sewage Discharges
Across Nation to Protect Public, Environment
EPA Reaches Settlements with Baltimore,
Other Municipalities to Stop Sewage
Overflows, Overhaul Sewer Systems
Sanitary sewer systems that are
properly designed, operated, and
maintained, collect and transport all of
About
Enforcement Alert
Enforcement Alert is published
periodically by the EPA's Office of
Regulatory Enforcement, Office of
Enforcement and Compliance
Assurance to inform and educate
the publicand regulated community
of important environmental
enforcement issues, recenttrends
and significant enforcement
actions.
This information should help the
regulated community anticipate
and prevent violations of federal
environmental law that could
otherwise lead to enforcement
action. Reproduction and wide
dissemination of this publication
are encouraged. For information
on how you can receive this
newsletter electronically, send an
email to the editor.
Director, Office of Regulatory
Enforcement: Walker B. Smith
Editor: Virginia Bueno
bueno.virginia@epa.gov
the sewage and indus-
trial wastewater that
flow into them to a
publicly owned treat-
ment works (POTW)
for appropriate treat-
ment before being dis-
charged into our
nation's rivers,
streams, and other water bodies. How-
ever, when sanitary sewer systems are
not maintained, or lack adequate ca-
pacity, discharges of raw sewage and
industrial wastewater can occur with-
out receiving appropriate treatment. In
some systems, these sanitary sewer dis-
charges occur on a regular basis.
These discharges, called sanitary
sewer overflows (SSOs), occur when
there is an overflow, spill, or release of
raw or partially-treated sewage from a
sanitary sewer collection system be-
fore it reaches a
sewage treatment
plant. Such releases
regularly contami-
nate our nation's
waters, degrade
water quality, and
expose humans to
pathogens and vi-
ruses that can
cause serious ill-
ness. In addition,
these discharges can occur as base-
ment backups, causing property dam-
age and further threatening public
One of EPA's ongoing
enforcement priorities is
to identify and correct
these raw sewage
discharges to protect
public health and the
environment.
Some sanitary sewer overflows can
occur at deteriorated manholes.
(Photo courtesy of the Orange
County Sanitation District.)
health. EPA estimates that there are
20,000 separate sanitary sewer sys-
tems, and thousands of overflows oc-
cur each year.
Section 301 of the Clean Water Act
prohibits the discharge of any pollutant
to waters of the United States from a
point source, unless the discharge is au-
thorized by a permit. Limits in permits
for discharges from
publicly owned treat-
ment works must
meet technology-
based effluent limita-
tions based upon sec-
ondary treatment, and
any, more stringent
limits to meet water
quality standards. In
addition, permits re-
quire proper operation
and maintenance for sewage collection
systems and treatment facilities, for
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Enforcement Alert
example, to ensure continued system
integrity and prevention of unauthorized
overflows of untreated wastewater.
Sanitary sewer overflows are pro-
hibited as unpermitted discharges, and
when they are prohibited in a permit.
Given the seriousness of the problem
in many major municipalities, one of
EPA's ongoing enforcement priorities is
to identify and correct these raw sew-
age discharges to protect public health
and the environment.
SSOs Endanger Public
Health and the Environment
People can be exposed to raw sew-
age through recreational contact such
as swimming and fishing, in their homes
and neighborhoods because of basement
or street flooding, and through drink-
ing contaminated water. Contact with
raw sewage exposes people to a vari-
ety of pathogenic microogranisms, vi-
ruses, and intestinal worms that can
cause serious illnesses such as chol-
era, dysentery, infectious hepatitis, and
gastroenteritis. Sensitive populations—
children, the elderly, and those with
weakened immune systems—are at a
higher risk of illness.
Beach closures and recreational
water warnings are designed to limit the
human health impacts of bacteria and
pathogens present in water, whether
from SSOs, stormwater, or urban run-
off.
Sanitary sewer overflows degrade
the environment by polluting our wa-
terways, adversely affecting fish and
other wildlife species. For example,
sewage can cause the explosion of al-
gal growth, depleting oxygen in the
water and killing fish. Raw sewage dis-
charges cause property damage and
public health problems when overflows
flood homes and businesses that sub-
sequently require cleanup, large scale
disinfection, and the replacement of
rugs, furniture, wallboard panels, and
flooring. Raw sewage discharges also
can lead to a drop in tourism and eco-
nomic loss from beach closures and
shellfish and fishing restrictions.
Why SSOs Occur
Separate sanitary collection systems
are intended to collect sewage that flows
into them, and transport those flows
for treatment. Municipalities must evalu-
ate their collection systems to identify
the causes of SSOs so that they can be
anticipated and stopped before they
harm public health and the environment.
Chronic SSOs can be the result of
excessive amounts of rainfall or snow-
melt seeping through the ground and
overwhelming leaky sewers (infiltra-
tion), and excess rainwater feeding into
sewers through illegally-connected roof
drains, or basement sump pumps (in-
flow). In addition, municipalities with
poor operation and maintenance pro-
grams may experience SSOs as a re-
sult of system deterioration. Pipes can,
and often do, settle and crack, and need
repair and replacement on a regular
schedule. Sediment, grease, and other
debris can build up and cause pipes to
plug, break, and collapse. SSOs also
may be caused by a lack of system ca-
pacity to collect, store, and/or convey
flows for treatment.
To Eliminate SSOs, EPA
Uses Mix of Compliance,
Enforcement Tools
EPA's compliance goal is to elimi-
nate SSOs from municipal collection
systems and to ensure that sanitary
When sanitary sewer systems are not maintained, or
lack adequate capacity, discharges of raw sewage and
industrial wastewater can occur and potentially en-
danger the public and environment. (U.S. EPA photo-
graphs.)
March 2003 ^^^^^^^^—^^^^^^^^—
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Enforcement Alert
wastewater is being conveyed to treat-
ment plants for treatment in accordance
with the requirements of the Clean Wa-
ter Act. EPA uses a variety of compli-
ance and enforcement tools to achieve
environmental and human health im-
provements, including enforcement ac-
tions, compliance assistance, and com-
pliance incentives.
Enforcement
To date, EPA's enforcement actions
have resulted in the elimination of bil-
lions of gallons of raw sewage dis-
charges and the assessment of signifi-
cant penalties. States also have joined
EPA as co-plaintiffs in many lawsuits.
In these enforcement actions, EPA
typically places municipalities under a
compliance schedule that is as expedi-
tious as practical (up to 15 years) to
address deficiencies in their systems.
Under settlement agreements, munici-
palities must assess their systems to
understand the scope of the problem,
then create a plan to improve, update,
and repair their wastewater collection
system. These municipalities also are
usually required to develop and imple-
ment effective operation and mainte-
nance programs.
Baltimore Settlement
On Sept. 30, 2002, a consent de-
cree implementing a significant settle-
ment with Baltimore to eliminate unper-
mitted discharges of raw sewage from
the city's sanitary waste collection sys-
tem was entered in federal court. All of
the waterbodies affected by these dis-
charges fail to meet permit effluent lim-
its based on Maryland's water quality
standards for total coliform, an indica-
tor of disease-carrying pathogens.
Baltimore owns and operates two
sewage treatment plants and 1,312 miles
of collection system that transport
wastewater to the plants. The plants
SSOs One Cause of
Beach Closings
A gencies participating in EPA's
/^annual beach survey reported
that of the 2,445 beaches reported
in 2001, 672 were affected by ad-
visories or closings, most often
due to elevated bacteria levels.
Sanitary sewer overflows were
identified as one of the sources of
pollution that resulted in these ad-
visories or closings. The number
of such beach advisories and clo-
sures reported every year is on the
rise.
Municipalities must strive to
eliminate the discharges, which
often can lead to serious illness
and disease. People who swim
near storm drains or off beaches
polluted by sewage can become
ill with fever, nausea, gastroenteri-
tis, and flu-like symptoms, or more
serious diseases.
serve a population of approximately 1.8
million people. The anticipated reduc-
tion in raw sewage discharges attribut-
able to this settlement is more than 30
million gallons a year.
The settlement requires Baltimore to
implement injunctive relief valued at ap-
proximately $940 million over the next
14 years. The City will spend more than
$260 million to eliminate 54 sanitary
sewer structures, increase the capac-
ity of the collection system associated
with these structures, and completely
separate the combined portion (where
sanitary wastewater and storm water
are conveyed through a single pipe for
treatment) of the system.
The City also will undertake a com-
prehensive, systematic investigation of
its entire collection system, and imple-
ment and complete action plans to rem-
edy problems identified during the in-
vestigation. Baltimore plans to install and
maintain a computerized collection and
transmission system model to evaluate
the impact of various remedial action
projects on the transmission capacity
and performance of the collection sys-
tem. The City also will undertake a sig-
nificant construction program to repair
and rehabilitate pumping stations.
Baltimore also agreed to spend sig-
nificant additional funds to identify and
enforce against illegal sewer connec-
tions, implement an information man-
agement system program, develop and
implement an emergency response plan
for unpermitted discharges, improve the
operation and maintenance program for
the collection system, and report all un-
permitted discharge events.
Finally, Baltimore agreed to pay a
civil penalty of $600,000, and imple-
ment a supplemental environmental
project estimated at $2.72 million de-
signed to remove nitrogen from waste-
water and improve water quality in the
Chesapeake Bay.
Other Recent Settlements
An agreement reached with Baton
Rouge and East Baton Rouge, La., will
reduce discharges of untreated sewage
to public areas and U.S. waters by more
than 1.2 billion gallons annually. Baton
Rouge and East Baton Rouge paid a
$729,500 penalty and are spending up
to $461 million on selecting and imple-
menting a comprehensive collection
system improvement plan.
Also, a recent agreement with To-
ledo, Ohio, which has both a combined
and a separate sanitary sewer system,
will eliminate roughly 800 million gal-
lons of untreated sewage annually.
As part of case settlements such as
these, EPA also encourages municipali-
ties to perform supplemental environ-
mental projects to help lessen the envi-
ronmental impacts of their violations
and secure additional environmental ben-
March 2003
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&ER&
United States
Environmental Protection Agency
Office of Regulatory Enforcement
(2248A)
Washington, D.C. 20460
Official Business
Penalty for Private Use $300
'Enforcement Alert' newsletter
efits. For example, Baltimore will de-
sign a $2.7 million biological nutrient
reduction facility at its treatment plant
to remove nitrogen from wastewater.
Under a settlement with the Water
and Sewer Board of Mobile, Ala., the
Board agreed to spend $2.5 million to
purchase and preserve valuable habitat
in Mobile County and the Dog River
watershed, repair private residential ser-
vice laterals in low-income areas, and
partially fund a database of water qual-
ity monitoring data that is available to
the public.
Compliance Assistance
EPA provides guidance, training,
compliance assistance, and other tech-
nical and financial assistance tools to
state and local agency personnel. EPA's
regional offices lead these efforts, con-
ducting training and workshops, par-
ticipating in workshops, and conduct-
ing site visits to assess municipalities'
progress in improving the capacity,
management, operation, and mainte-
nance (CMOM) of their sewage col-
lection systems to eliminate and pre-
vent SSOs.
Municipal officials looking for SSO-
related information will find a wealth
of regulatory, technical, and financial
assistance on a number of EPA
websites. For example, on the Office
of Water's website at www.epa.gov/
npdes/sso, EPA offers fact sheets on
financing capital improvements for SSO
abatement and implementing an asset
management approach. Links to guides
for operating and managing sewage col-
lection systems and developing sanitary
sewer overflow response plans are also
included. Users also will soon have
online access to the Office of Water's
CMOM self-assessment checklist.
For more information about sani-
tary sewer overflows, see websites in
"Useful Compliance Resources" col-
umn at right.
For information regarding cases
discussed in this Enforcement Alert,
contact Amanda A. Gibson, (202) 564-
4239, Email: gibson.amanda@epa.gov,
or Kevin Bell (202) 564-4027, Email:
bell.kevin@epa.gov, Water Enforce-
ment Division, Office of Regulatory
Enforcement, Office of Enforcement
and Compliance Assurance.
For compliance assistance infor-
mation, contact Sharie Centilla, (202)
564-0697, Email: centilla.sharie@epa.gov,
or Walter Brodtman,(202) 564-4181,
Email: brodtman.walter@epa.gov, Office
of Compliance, Office of Enforcement
and Compliance Assurance.
Useful Corrmliance
Assistance Resources
Office of Enforcement and
Compliance Assurance:
http://www.epa.gov/compliance
Office of Water:
http://www.epa.gov/npdes/sso
Local Government Environmental
Assistance Network:
http://www.lgean.org
National Small Flows Clearing-
house (aids small communities
with wastewater problems):
http://www.nesc.wvu.edu/nsfc
Region 4 POTW Management,
Operation and Maintenance
Program (MOM):
http://www.epa.gov/region04/water/
wpeb/momproject/index.html
National Compliance Assistance
Clearinghouse:
http://www.epa.gov/clearinghouse
Compliance Assistance Centers:
http://www.assistancecenters.net
Small Business Gateway:
http://www.epa.gov/smallbusiness
EPA's Audit Policy:
http://oecaftp.sdc-moses.com/
compliance/incentives/auditing/
auditpolicy.html
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