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 ------- 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 ^^^^^^^^—^^^^^^^^— ------- 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 ------- &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 F Recycled/Recyclable. Printed with Soy/Canola Ink on paper that contains at least 30% recycled fiber ------- |