SCAP Collection Committee Workshop SWRCB, Region 8 May 12, 2004 9:00 - - PDF document

SCAP Collection Committee Workshop SWRCB, Region 8

May 12, 2004 9:00 am – 12:00 pm

Inland Empire Utilities Agency 6075 Kimball Avenue, Chino Agenda

• 1. Introduction.......................................................................................................................Ray Miller

Purpose of having this workshop.

• Information exchange on what’s on the horizon for collection system owners and
• perators.
• 2. What cMOM really is.................................................................................................Nick Arhontes
• A proposed federal regulation that will affect California.
• An asset management program for collection systems.
• Guideline for the operation, maintenance and financial responsibility of owning a collection

system.

• Improved SSO response.
• Porter Cologne and Clean Water Act.
• 3. Although it is not yet law, is cMOM being enforced? .....................................................Bob Kreg
• Federal EPA, Region 9.
• Case histories of “Orders for Compliance” issued by EPA Region 9 in September 2003.
• 4. What is currently happening at the SWRCB (collection systems)?..........................Ken Theisen

Statewide electronic SSO reporting update. WDRs, what are they and where are they being applied? A statewide WDR when cMOM is adopted? Where does Region 8 stand on collection system issues? Governor’s Environmental Action Plan.

• 5. What’s next?......................................................................................................................Ray Miller
• Who is SCAP?
• What is SCAP trying to accomplish?
• How can SCAP help?
• Working together.
• Long range needs.
• 6. Open Discussion – Q&A.................................................................................................................All

May 12, 2004 Chino, CA May 12, 2004 Chino, CA

SCAP Collection Systems Workshop for SWRCB Region 8 Area Partners SCAP Collection Systems Workshop for SWRCB Region 8 Area Partners

Nick Arhontes, P.E. Orange County Sanitation District (OCSD) Fountain Valley, CA Nick Arhontes, P.E. Orange County Sanitation District (OCSD) Fountain Valley, CA

OCSD Background Information OCSD Background Information

471 square mile service area 2.3 million people 240 MGD w/550+ MGD hourly wet weather

peaks

475 miles of regional sewers up to 96

inches

150 miles of local sewers 17 regional pumping facilities 26 satellite systems 471 square mile service area 2.3 million people 240 MGD w/550+ MGD hourly wet weather

peaks

475 miles of regional sewers up to 96

inches

150 miles of local sewers 17 regional pumping facilities 26 satellite systems

What cMOM really is: What cMOM really is:

A proposed Federal Regulation Contains an asset management program Improved O&M and financial planning Improved SSO response and reporting An integrated approach A proposed Federal Regulation Contains an asset management program Improved O&M and financial planning Improved SSO response and reporting An integrated approach

cMOM cMOM

A proposed NPDES Permit process for

regional and satellite systems.

cAPACITY for base and peak flows a MANAGEMENT Program proper OPERATIONS and proper MAINTENANCE provisions for an Affirmative Defense A proposed NPDES Permit process for

regional and satellite systems.

cAPACITY for base and peak flows a MANAGEMENT Program proper OPERATIONS and proper MAINTENANCE provisions for an Affirmative Defense

cMOM Goals cMOM Goals

Proper management, operation and

maintenance, at all times, of all parts of the collection system that you own or have operational control over

Discover deficiencies and develop a plan

to correct them

Minimize spills and their impacts on the

waters and public

Proper management, operation and

maintenance, at all times, of all parts of the collection system that you own or have operational control over

Discover deficiencies and develop a plan

to correct them

Minimize spills and their impacts on the

waters and public

Capacity Issues Capacity Issues

Base and Peak Flows No guidance on Design Storms Community Growth and re-Development? Field Staff or Contractor input:

SSOs? Surcharging? Low Flows?

Base and Peak Flows No guidance on Design Storms Community Growth and re-Development? Field Staff or Contractor input:

SSOs? Surcharging? Low Flows?

Management Program Management Program

Written program with your site specific

goals

O&M record keeping SSO response reporting plan Capacity planning / Engineering standards Public notification / Protection plan An auditable and public document

Maintenance facilities and equipment with

adequate parts

Written program with your site specific

goals

O&M record keeping SSO response reporting plan Capacity planning / Engineering standards Public notification / Protection plan An auditable and public document

Maintenance facilities and equipment with

adequate parts

Information Management Systems Information Management Systems

Map of collection system Identify and track trends in overflows 3 years of work order history 3 years of performance and

implementation measures

List of components with lack of capacity Track non-compliance events Map of collection system Identify and track trends in overflows 3 years of work order history 3 years of performance and

implementation measures

List of components with lack of capacity Track non-compliance events

Legal Authority (Ordinances)? Legal Authority (Ordinances)?

Controls for minimizing I/I Proper design and construction Ensure proper installation, testing, and

inspection of new and re-hab

Flow agreements with satellites? Pre-treatment programs, if needed Controls for minimizing I/I Proper design and construction Ensure proper installation, testing, and

inspection of new and re-hab

Flow agreements with satellites? Pre-treatment programs, if needed

Measures and Activities Measures and Activities

Who is responsible for and how do you

handle:

Maintenance of facilities Map maintenance Management of relevant information for

cMOM related activities

Routine preventative maintenance and

• perations

Who is responsible for and how do you

handle:

Maintenance of facilities Map maintenance Management of relevant information for

cMOM related activities

Routine preventative maintenance and

• perations

Measures and Activities (cont’d) Measures and Activities (cont’d)

Who is responsible for and how do you

handle:

Capacity management Identification of and defect resolution

(CCTV?)

Appropriate training on a regular basis Equipment and parts inventories

Who is responsible for and how do you

handle:

Capacity management Identification of and defect resolution

(CCTV?)

Appropriate training on a regular basis Equipment and parts inventories

Design and Performance Provisions Design and Performance Provisions

Engineering and constructions issues

Agency design and performance

standards

Procedures and specifications for

inspection and testing

Engineering and constructions issues

Agency design and performance

standards

Procedures and specifications for

inspection and testing

Monitoring, Measurement and Program Modifications Monitoring, Measurement and Program Modifications

Implementation and effectiveness of your

cMOM program

Update program elements as appropriate Keep program summary updated and

accurate

Implementation and effectiveness of your

cMOM program

Update program elements as appropriate Keep program summary updated and

accurate

Overflow Response Plan Overflow Response Plan

Aware of all overflows/back-ups (any

size)?

Ensure a proper response … Ensure appropriate reporting … Ensure appropriate notifications … Ensure trained staff follows the SSORP Provide for emergency operations for a

wide range of failures

Aware of all overflows/back-ups (any

size)?

Ensure a proper response … Ensure appropriate reporting … Ensure appropriate notifications … Ensure trained staff follows the SSORP Provide for emergency operations for a

wide range of failures

System Evaluation and Capacity Assurance Plan? System Evaluation and Capacity Assurance Plan?

IF you have peaking problems with :

Collection system or treatment plants Short and long-term action plans Action plan updates for changes /

schedule updates

IF you have peaking problems with :

Collection system or treatment plants Short and long-term action plans Action plan updates for changes /

schedule updates

Rehab / Capital Improvements Rehab / Capital Improvements

Programs to identify and prioritize

Structural and hydraulic deficiencies Short and long-term action plans Information management for review and

update

Programs to identify and prioritize

Structural and hydraulic deficiencies Short and long-term action plans Information management for review and

update

cMOM Program Audits cMOM Program Audits

… NPDES permit application with audit of

your program, SSOs, compliance, deficiencies, and corrective actions

… NPDES permit application with audit of

your program, SSOs, compliance, deficiencies, and corrective actions

Compliance Audits Compliance Audits

Conduct and certify that an audit to evaluate

a cMOM Program including SSORP

Develop an audit report based on interviews

with:

–

Staff

–

Field inspections of equipment

–

Observations of crews

–

Records reviews

–

Address findings and deficiencies

–

Document steps taken to respond to findings

–

Schedule of additional steps needed to respond to findings

Keep two most recent compliance audits on

file

Signature, Certifications and Director’s Review Signature, Certifications and Director’s Review

Required when major modifications

are made

Make the SSORP and cMOM Program

data available to State and EPA

Make available to downstream system

and Plant Operators

Communications Communications

… with various parties … how your cMOM program is working … … with input from interested parties to

help your cMOM program be responsive

Local community stakeholders, Regional

Water Quality Control Board, County Health Care Agency, and others

… with various parties … how your cMOM program is working … … with input from interested parties to

help your cMOM program be responsive

Local community stakeholders, Regional

Water Quality Control Board, County Health Care Agency, and others

Small System Exemptions? Small System Exemptions?

Less than 1 MGD and / or less than 2.5

MGD eliminates some provisions in the proposed program

Less than 1 MGD and / or less than 2.5

MGD eliminates some provisions in the proposed program

State Issues State Issues

Permitting of satellite systems? Oversight through Regional Boards? Fines for SSOs and Program non-

compliance?

Permitting of satellite systems? Oversight through Regional Boards? Fines for SSOs and Program non-

compliance?

Update on EPA’s cMOM Update on EPA’s cMOM

Report due to Congress on Dec. 15, 2003:

Locations, constituents, volumes of SSOs

and their impacts on human health and environment

Resources spent by municipalities to

address these impacts

Evaluation of technologies used by

municipalities to address these impacts Report due to Congress on Dec. 15, 2003:

Locations, constituents, volumes of SSOs

and their impacts on human health and environment

Resources spent by municipalities to

address these impacts

Evaluation of technologies used by

municipalities to address these impacts

Update on EPA’s cMOM (cont’d) Update on EPA’s cMOM (cont’d)

Currently in OMB NRDC report “Swimming in Sewage”

www.nrdc.org

Also see: www.epa/gov/npdes/sso and

see: SSO Toolbox and also search on cMOM

HR 2215 “The Raw Sewage Overflow”

Community Right-to-Know Act Rep. T. Bishop (D-NY)

Currently in OMB NRDC report “Swimming in Sewage”

www.nrdc.org

Also see: www.epa/gov/npdes/sso and

see: SSO Toolbox and also search on cMOM

HR 2215 “The Raw Sewage Overflow”

Community Right-to-Know Act Rep. T. Bishop (D-NY)

OK … How do I get Ready? OK … How do I get Ready?

Have a good design and construction

program

Have a good documented O&M program

P.M. / C/M. / Emergency Repsonse /

SSORP

Maps and data

Have a good rehab and CIP process Advise your Council / Board on $ Have a good design and construction

program

Have a good documented O&M program

P.M. / C/M. / Emergency Repsonse /

SSORP

Maps and data

Have a good rehab and CIP process Advise your Council / Board on $

OK … How do I get Ready? (cont’d) OK … How do I get Ready? (cont’d)

Follow EPA through http://cfpub.epa.gov/npdes/home.cfm?program_id=4 Existing: discover / document / develop

action plans

Prepare to assist your agency during the

public comment period

Do a “gap” analysis (EPA Tool Kit) Be proactive within your agency Follow EPA through http://cfpub.epa.gov/npdes/home.cfm?program_id=4 Existing: discover / document / develop

action plans

Prepare to assist your agency during the

public comment period

Do a “gap” analysis (EPA Tool Kit) Be proactive within your agency

OK … How do I get Ready? (cont’d) OK … How do I get Ready? (cont’d)

Collaborate with your associates cMOM linkage to GASB 34 effort Get involved with CWEA and SCAP Live by your written program Learn how to pass audits! Form a proactive Regional cMOM Team Invite the public to participate Collaborate with your associates cMOM linkage to GASB 34 effort Get involved with CWEA and SCAP Live by your written program Learn how to pass audits! Form a proactive Regional cMOM Team Invite the public to participate

Asset Management Fundamentals Asset Management Fundamentals

Nick Arhontes, P.E. Orange County Sanitation District (OCSD) Fountain Valley, CA Nick Arhontes, P.E. Orange County Sanitation District (OCSD) Fountain Valley, CA

What Do You Own? What Do You Own?

Records Lists of assets Maps and drawings Specifications Vendor information Records Lists of assets Maps and drawings Specifications Vendor information

What Is It Worth? What Is It Worth?

Asset condition Asset value O&M cost inputs Work with finance department Asset condition Asset value O&M cost inputs Work with finance department

How Do You Care For It? How Do You Care For It?

Preventive, predictive, corrective

maintenance

Trained staff and contractors Records Management Preventive, predictive, corrective

maintenance

Trained staff and contractors Records Management

When Do You Replace It? When Do You Replace It?

Life cycle maintenance and replacement

strategies and plans

Capital improvement programs (CIP) Life cycle maintenance and replacement

strategies and plans

Capital improvement programs (CIP)

How Do You Fund These Needs? How Do You Fund These Needs?

Adequate O&M revenue stream Adequate CIP revenue stream Adequate reserves Adequate O&M revenue stream Adequate CIP revenue stream Adequate reserves

See Some Similarities to cMOM? See Some Similarities to cMOM?

Logical Documented Auditable Logical Documented Auditable

Improved SSO Response Improved SSO Response

Nick Arhontes, P.E. Orange County Sanitation District (OCSD) Fountain Valley, CA Nick Arhontes, P.E. Orange County Sanitation District (OCSD) Fountain Valley, CA

Why Do We Care? Why Do We Care?

Comply with Federal CWA and State Water

Code and Basin Plans

Protect watershed from sewage overflows

(SSO)

Protect the public and property Protect wildlife Avoid fines / penalties Affirmative defense Local economics / development Comply with Federal CWA and State Water

Code and Basin Plans

Protect watershed from sewage overflows

(SSO)

Protect the public and property Protect wildlife Avoid fines / penalties Affirmative defense Local economics / development

What Can We Learn At A Training Facility? What Can We Learn At A Training Facility?

How to respond and notify How to contain sewage How to set up traffic control for worker safety How to estimate flows and volumes How to control flows How to clean up How to document for reporting purposes How to respond and notify How to contain sewage How to set up traffic control for worker safety How to estimate flows and volumes How to control flows How to clean up How to document for reporting purposes

Why an SSO Training Facility? Why an SSO Training Facility?

Prepare for the real event Isolated from traffic hazards Environmentally safe Assess individual and team skills Evaluate methods, equipment and

materials

Practice, practice, practice ! Prepare for the real event Isolated from traffic hazards Environmentally safe Assess individual and team skills Evaluate methods, equipment and

materials

Practice, practice, practice !

What is It? What is It?

Simulated manhole (vault with cover) Potable water supply Street surface Curb and gutter and catch basin Storm drainage to the treatment plant Simulated manhole (vault with cover) Potable water supply Street surface Curb and gutter and catch basin Storm drainage to the treatment plant

Water Supply

Water Meter Valve #1 Valve #1 Valve #2 Valve #2

Manhole Vault

Manhole Drain Valve Manhole

Street Surface and Gutter

Catch Basin

Typical Event Typical Event

500 gallons per minute spill 500 gallons per minute spill 6 gallons per minute spill 6 gallons per minute spill Flow down gutter Flow down gutter Q = A x V Q = A x V

Containment at Catch Basin Containment at Catch Basin

Put containment in place Put containment in place Spill ponding Spill ponding Spill containment Spill containment

Estimating Flow Rates Estimating Flow Rates

6 gallons per minute spill 6 gallons per minute spill Flow down gutter Flow down gutter

Traffic Control

Clean Up Clean Up

Combination cleaning truck removes ponded material Combination cleaning truck removes ponded material Direct flow to a natural low area Direct flow to a natural low area

Clean Up (cont’d) Clean Up (cont’d)

Wash down and recover Wash down and recover Prepare field report, photograph and document Prepare field report, photograph and document

SSO Report Documentation SSO Report Documentation

Support Activities – Dispatch Center Support Activities – Dispatch Center

Closeout Activities Closeout Activities

Finish and submit the field report Assemble and complete the written report

for RWQCB

Restock materials Post mortem with lessons learned Modify response procedures More training? Finish and submit the field report Assemble and complete the written report

for RWQCB

Restock materials Post mortem with lessons learned Modify response procedures More training?

What is currently happening at the SWRCB on collection systems? What is currently happening at the SWRCB on collection systems?

Statewide Electronic SSO Reporting Update Statewide Electronic SSO Reporting Update

WDRs- what are they and where are they being applied? WDRs- what are they and where are they being applied?

Nick Arhontes, P.E. Orange County Sanitation District (OCSD) Fountain Valley, CA Nick Arhontes, P.E. Orange County Sanitation District (OCSD) Fountain Valley, CA

What is the Region 8 Order? What is the Region 8 Order?

Santa Ana RWQCB Order R8-2002-0014 issued April 26, 2002 covering:

Waste Discharge Requirements (18 pages) Spill Reporting and water quality

monitoring program (11 pages)

Both available at:

www.swrcb.ca.gov/rwqcb8/

See: Orange County SSO General WDRs Santa Ana RWQCB Order R8-2002-0014 issued April 26, 2002 covering:

Waste Discharge Requirements (18 pages) Spill Reporting and water quality

monitoring program (11 pages)

Both available at:

www.swrcb.ca.gov/rwqcb8/

See: Orange County SSO General WDRs

Deliverables and Schedule Deliverables and Schedule

• Apr. 26, 2002 – Reporting of all SSOs and

water quality monitoring

• Sep. 30, 2002– Development Plan and

schedule for Sewer System Mgmt Plan (SSMP) – Done

• Jan. 1, 2003 – SSO Emergency Response

Plan – Done

• Apr. 26, 2002 – Reporting of all SSOs and

water quality monitoring

• Sep. 30, 2002– Development Plan and

schedule for Sewer System Mgmt Plan (SSMP) – Done

• Jan. 1, 2003 – SSO Emergency Response

Plan – Done

Deliverables and Schedule (cont’d) Deliverables and Schedule (cont’d)

June 15, 2003 –

Preventative Maintenance Program - Done

July 30, 2004

– Legal authority

• Dec. 30, 2004 –

Grease disposal alternatives

June 15, 2003 –

Preventative Maintenance Program - Done

July 30, 2004

– Legal authority

• Dec. 30, 2004 –

Grease disposal alternatives

Deliverables and Schedule (cont’d) Deliverables and Schedule (cont’d)

• Dec. 30, 2004 –

Grease Control Program

July 30, 2005

– Capacity evaluation

• Sep. 30, 2005 –

Sewer Rehab Plan for entire system

• Sep. 30, 2005 –

Final SSMP

• Dec. 30, 2004 –

Grease Control Program

July 30, 2005

– Capacity evaluation

• Sep. 30, 2005 –

Sewer Rehab Plan for entire system

• Sep. 30, 2005 –

Final SSMP

SWRCB’s Proposed Statewide Model? SWRCB’s Proposed Statewide Model?

Where does Region 8 stand on collection system issues? Where does Region 8 stand on collection system issues?

Governor’s environmental action plan? Governor’s environmental action plan?

Questions? Questions?

Nick Arhontes, P.E. Manager Regional Assets and Services Divisions (714) 593-7210 narhontes@ocsd.com Nick Arhontes, P.E. Manager Regional Assets and Services Divisions (714) 593-7210 narhontes@ocsd.com

Orange County Sanitation District www.ocsd.com Search: WDR – for more info and links Orange County Sanitation District Orange County Sanitation District www.ocsd.com Search: WDR Search: WDR – – for more info and links for more info and links

cMOM – Its Not Law, But

A Case History

Compliance Orders Issued by EPA Region 9

• EPA Region 9 has jurisdiction over the

southwestern United States including California

• In 2002, Compliance Orders issued to the City of

Laguna Beach, City of San Diego and Carpinteria Sanitary District

• September 2003, Compliance Orders issued to Los

Angeles County Sanitation Districts (LACSD) and South Coast Water District (SCWD)

• April of 2004, Compliance Order issued to the

City of Oakland

• Reason for Compliance Orders – Excessive

Sanitary Sewer Overflows (SSO)

SCWD Profile

• SCWD is a water/reclamation/wastewater

public agency located in southwest Orange County

• Sanitary collection system is comprised of

approximately 139 miles of pipelines with 14 lift stations

• 49 SSOs from 1999 to 2003 – 21 reached

the waters of the U.S.

SCWD Profile (Cont.)

• Action started with a complaint from San Diego

Water Quality Control Board – Region 9 - for failure to provide a Sanitary Sewer Overflow Prevention Plan and failing to submit complete SSO reports

• District fined $136,100 and settled for a fine of

$105,000 in March 2003

• EPA’s Compliance Order was issued the

following September

What is in the EPA Compliance Orders?

• The other compliance orders are very

similar – their violations are unique – requirements and timelines for compliance are essectially the same

• Primary goal – to substantially reduce the

number and the volume of SSOs annually

What is in the EPA Compliance Orders? (Cont.)

• Create a Sanitary Sewer Overflow Response Plan

(SSORP)

• Plan must:

– Provide written instructions on how to respond to an SSO – Provide measures for spill containment – Establish interim method of operation – Maintain a list of spare parts and emergency equipment

What is in the EPA Compliance Orders? (Cont.)

• Establish a Sewer System Cleaning and Root Control

Program

– Submit schedule for cleaning of entire system – Submit schedule for cleaning hot spots and describe procedures for adding or removing pipe segments from the hot spot list – Plan for comprehensive root control program including methods for controlling root intrusion into mains and private laterals and the repair, replacement or rehabilitation of root prone mains – Written procedures for cleaning, repairing and maintaining sewer lines located in easements - including schedules and instructions for gaining access to lines in easements

What is in the EPA Compliance Orders? (Cont.)

• Maintenance Management System

– Consider implementing computerized maintenance management system for scheduling and tracking system maintenance that should eventually be tied to a GIS mapping system

• Sewer Pipe Inspection and Condition Assessment Plan

– Submit a plan for periodic sewer pipeline inspection and assessment to include maintenance holes, method of inspection (i.e. CCTV), frequency of inspection, evaluation of inspection findings, and documentation of assessed condition – Submit annual report to EPA summarizing miles of pipe and number of maintenance holes inspected and their condition assessment

What is in the EPA Compliance Orders? (Cont.)

• Sewer Repair, Rehabilitation and

Replacement Plan

– Submit a plan for the repair, rehabilitation or replacement that (1) provides the timely repair

• r replacement of pipelines imminently in

danger of failure or blockage; (2) ensure the sustainable replacement of obsolete assets; (3) reduce spills caused by pipe defects

Sewer Repair, Rehabilitation and Replacement Plan (Cont.)

• The plan must include:

– Estimate of how many sewer pipes will annually require emergency repair or replacement – Estimate of how many miles of pipeline will be rehabilitated or replaced over the next 5 and 10-year periods – Submit a 10-year financial plan for the short and long term rehabilitation or replacement of the sewer pipes – Annually submit a report to the EPA documenting the repair, rehabilitation or replacement history for the previous year including an update to the 10-year capital improvement plan

What is in the EPA Compliance Orders? (Cont.)

• Capacity Assessment and Capacity Assurance

– Requires the agency to assess the capacity of the collection system to ensure sufficient capacity during wet weather including the control of all I/I that could pose a risk of exceeding the collection system’s capacity and to submit a report to the EPA on capacity limitations and the plan for assuring adequate capacity

• Pump Station Maintenance and Inventory

– Complete a condition assessment for each lift station and associated force mains, identifying potential problems, provide recommendations for standby generators, and submit a plan to the EPA of the assessment findings and for the repair, renovations or upgrades necessary to ensure the continuous operation of each lift station

What is in the EPA Compliance Orders? (Cont.)

• Create a Fats, Oils, and Grease (FOG) Control

Program

• The program shall be sufficient to eliminate or

significantly reduce sewage spills caused by FOG including:

– Line cleaning of lines prone to FOG blockage – In conjunction with the cities, implement necessary best management practices (BMP) for food service establishments – Require the installation of grease interceptors for new

• r remodeled food service establishments

– Require food service establishments that cause FOG related blockages to install grease interceptors

FOG Control Program (Cont.)

– Establish FOG inspection program for food service establishments – Establish FOG educational outreach program for food service establishments and homeowners – Submit annual report to EPA documenting the FOG program activities carried out, including inspections and enforcement actions, the previous year

What is in the EPA Compliance Orders? (Cont.)

• Plan Review and Approval

– EPA requires submission of the plan for EPA’s review, comment and approval

• Quarterly Spill Reports

– As per EPA’s schedule, quarterly spill reports must be submitted summarizing all sewage spills occurring the previous quarter

• Annual Progress Reports

– Must submit an annual progress report to the EPA for review and approval summarizing all aspects of the spill reduction plan and its effectiveness including the annual budget for the current year

Timeframe for Compliance

• The South Coast Water District compliance order

was issued in September 2003. Most of the required programs were to be completed by the following March, six months after the issuance of the order with reports due the following September, twelve months after the order

• Annual reports are due each September
• Quarterly reports are due each quarter
• No sunset

Penalty for Non-Compliance

Failure to respond, or any other violation of the terms of this Order could subject (Agency) to a civil action…… negligent violations may be punished by a fine of not less than $2,500 per day

• r more than $25,000 per day of violation, or

imprisonment for not more than one year, or both…… knowing violations may be punished by a fine of not less than $5,000 per day or more than $50,000 per day of violation, or imprisonment for not more than three years, or both…… penalties for knowingly making false statements.

The Other Boogie Man

• Third party lawsuits brought by

environmental groups and others under the Clean Water Act

– Ecological Rights Foundation v. City of Pacific Grove, in 2004 – Divers Environmental Conservation Organization v. Fallbrook Public Utilities District in 2003

The Other Boogie Man (Cont.)

• Ecological Rights Foundation v. City of Pacific

Grove

– Approximately 58 miles of collection pipelines – Worst spill year, 2000 (8 spills or a rate of 13.7 spills per 100 miles of pipe) – Worst spill – 70,000 gallons – FOG Program - as of July 2002, 14 grease interceptors and 86 grease traps had been installed – Budget of $1,895,065 (2002-2003) up from $620,442 (2000-2001)

The Other Boogie Man (Cont.)

Ecological Rights Foundation v. City of Pacific Grove

• The Settlement

– $300,000 for plaintiff’s legal fees plus the City’s legal expenses – Pay $50,000 to the Save Our Shores environmental

• rganization

– $200,000 to establish a lateral replacement program for businesses and homeowners – $500,000 in improvement projects (1st year) increased by $50,000 in successive years to $1,000,000 per year – Reduce the number of spills to 4 annually by 2013 through increased maintenance and system improvements

The Other Boogie Man (Cont.)

• Divers Environmental Conservation Organization
• v. Fallbrook Public Utilities District

– Fallbrook is located east of Camp Pendleton, not a coastal community – Approximately 72 miles of collection pipelines – In 2003, there were 10 SSOs spilling approximately 6,100 total gallons of sewage – Roots and FOG account for 99% of all SSOs in Fallbrook

The Other Boogie Man (Cont.)

• The Settlement – FPUD settled out of court

– Settlement was for $135,000

• Included

– $60,000 in plaintiff’s legal fees – $65,000 to the San Diego Oceans Foundation – $10,000 to the Mission Resource Conservation District

• Estimate for FPUD to defend itself in court -

$2,000,000

• Additionally, FPUD to establish a mandatory FOG

program and initiate a $65,000 public outreach campaign

The Other Boogie Man (Cont.)

• The City of San Diego Metropolitan

Wastewater Department compliance order was issued in April 2002. Prior to this, in October 2000, the City was notified by San Diego Bay Keeper and Surfrider Foundation

• f their intent to sue under the Clean Water

Act

So What’s the Point?

• EPA is getting actively involved with those it feels

are not complying with the Clean Water Act

• When cMOM is adopted, it could be enforceable
• n the day of adoption
• Environmental groups are using third party

lawsuits to ensure compliance with the Clean Water Act

• Get ahead of the curve, don’t wait to be forced to

manage your collection system asset

CMOM IN CALIFORNIA

SAN DIEGO REGION WDRs SANTA ANA REGION WDRs SAN FRANCISCO BAY REGION, RESOLUTION/MOA STATE WATER RESOURCES CONTROL BOARD EFFORTS, GUIDANCE, WDRs, POLICY?

WILL YOUR NEXT PERMIT, AN ENFORCEMENT ACTION, LAWSUIT, OR NEW WASTE DISCHARGE REQUIREMENTS, REQUIRE A CMOM PROGRAM

Numerous sewage collection systems in California have chronic

sewage spills

Many sewage spills are caused by neglect and poor operations and

maintenance, and can be prevented

CMOM only requires the basic minimum operation and

maintenance for sewage collection systems, as recommended by WEF, ASCE, AMSA and other industry groups

Current Implementation of CMOM is through enforcement actions,

consent decrees, or 3rd Party Lawsuits

WHY CMOM? BECAUSE IT REDUCES SEWAGE SPILLS

The basic sewage collection system maintenance

and operation guidelines, recommended by WEF, ASCE, etc., have been proven to reduce sewage spills

Those sewage collection systems that use video to

identify maintenance problems and regularly clean their sewers have fewer spills than those who neglect these basic maintenance tasks

FOG Control Programs reduce sewage spills I & I Control Reduces Sewage Discharges

SWRCB’s STATEWIDE EFFORT TO REDUCE SEWAGE SPILLS

• 1. The Discharge of Sewage to any Surface Water Body of

the State is a Violation of the CWA, CWC, and Basin Plan

• 2. SWRCB’s Enforcement Policy Requires staff to notify

their Respective RBs of all Sewage Spills, and Recommend Appropriate Enforcement Action

• 3. Enforcement Actions address Correction of the Cause of

the Sewage Discharge (by requiring implementation of a CMOM program), as well as impose Penalties for the Discharge

SWRCB’s STATEWIDE EFFORT TO REDUCE SEWAGE SPILLS

• 4. Enforcement Options Include: 1) Informal Notice to

Discharger of Violation and Voluntary Correction of the Violation, 2) Cease and Desist Order for Permitted Dischargers, 3) Cleanup and Abatement Order for Systems not currently under permit, 4) Administrative Civil Liability up to $10,000 for each day of discharge and $10 per gallons over 1,000 gallons not cleaned up, 5) Referral to the Attorney General or District Attorney for Civil or Criminal Prosecution

SWRCB’s STATEWIDE EFFORT TO REDUCE SEWAGE SPILLS

SWRCB’s staff has set up a Sewage Spill Prevention Committee to evaluate alternative approaches to reduce sewage spills, and make recommendations to the SWRCB by November 2004. Alternatives to be considered include Statewide General Waste Discharge Requirements for all sewage collection systems in California, a guidance document for dischargers

• n implementing CMOM, guidance for Regional Board staff
• n enforcement actions for sewage discharges, and any
• ther alternatives that may be proposed by stakeholders that

will result in a reduction of sewage discharges to waters of the State

1. Provide a floor level of O and M that minimizes the chance of spills within some affordability limits 2. Have effective contingency capability 3. Have adequate capacity 4. Have a very high level of O and M and contingency capability at high risk sites 5. Consistent and accurate Tracking and reporting on performance 6. Develop opportunities for grants and low interest loans

WHY CMOM?: SEWAGE SPILLS IN CALIFORNIA

Sewage Spills to Waters Reported to the Office of Emergency Services

N u m b e r

• f In

c id e nt s

1997 1999 2000 1998 2001 2002

IMPACTS OF SEWAGE SPILLS- BEACH CLOSURES

• v

• v

• v

• v

• v

CONCLUSION

1. Discharges of Sewage are illegal under current law and regulation 2. Alternative enforcement actions available to correct these violations are informal enforcement, enforcement orders, waste discharge requirements, civil liability, and civil and criminal prosecution 3. SWRCB will be considering alternatives to reduce sewage discharges to waters of the State in November 2004 4. CMOM is coming to your sewage collection system in one form or another, whether it is guidance, General WDRs, enforcement actions, or penalties, because CMOM only requires basic operations and maintenance recommended by the wastewater collection industry to prevent and minimize sewage discharges

What’s Next? What’s Next?

Who is SCAP? Who is SCAP?

History of SCAP

– Originally formed in 1992 to meet the needs of

the POTWs

– Structured by Committees

Air Quality Water Issues Biosolids Collection Systems

What is SCAP Trying to What is SCAP Trying to Accomplish? Accomplish?

As has been done with the POTWs,

establish a liaison with regulators to provide information and assistance from the collection system perspective

Provide an information and education

exchange for collection system

• wners/operators relative to regulatory

compliance

How Can SCAP Help? How Can SCAP Help?

SCAP represents its members interests before

various regulatory agencies

SCAP provides a monthly informational

newsletter

SCAP is currently involved in the statewide effort

to address collection system issues

Provide guidelines and model programs for

regulatory compliance

Provide guidelines, advice, and assistance to

individual agencies as needed

Working Together Working Together

SCAP’s historical basis for success is “working

together”

Working together by sharing resources between

larger and smaller agencies

Working together by sharing experience and

expertise

Working together by providing a communications

conduit within the wastewater community

Working together by providing a two way

communications conduit to the regulatory community

Long Range Needs Long Range Needs

Collection systems have the attention of the

regulators as never before

Future regulations will probably by more stringent To provide you with the best help, SCAP needs

your help

A united front through a strong dedicated

membership is essential

SCAP membership is open to all collection system

• wner/operators with low annual dues

DO YOU OR SOMEONE DO YOU OR SOMEONE YOU KNOW HAVE: YOU KNOW HAVE:

• Regulatory malaise?
• Blockages?
• Spills?
• Facility or Capacity

Problems?

• Enforcement Issues?

CALL SCAP! We can CALL SCAP! We can help! (949) 489 help! (949) 489-

• 7676

7676

QUESTIONS QUESTIONS ? ?