COLLECTION SYSTEMS REGULATORY UPDATE USEPA – SWRCB August 2010.

COLLECTION COLLECTION SYSTEMS SYSTEMS

REGULATORY REGULATORY UPDATEUPDATE

USEPA – SWRCBUSEPA – SWRCBAugust 2010August 2010

USEPAUSEPA NPDES NPDES

RUMBLINGSRUMBLINGS

USEPAUSEPA

In June of 2010 the USEPA published In June of 2010 the USEPA published a notice in the Federal Register its a notice in the Federal Register its intent to conduct several “listening intent to conduct several “listening sessions” to obtain information on sessions” to obtain information on issues related to collection systems.issues related to collection systems.

Five questions pertaining to Five questions pertaining to collection systems were posed. collection systems were posed.

USEPUSEPAA

1.1. Should EPA clarify its standard permit Should EPA clarify its standard permit conditions for SSO reporting, conditions for SSO reporting, recordkeeping, and public recordkeeping, and public notification?notification?

2.2. Should EPA develop a standard Should EPA develop a standard permit condition with requirements permit condition with requirements for capacity, management, and for capacity, management, and operations & maintenance programs operations & maintenance programs based on asset management based on asset management principles?principles?

USEPUSEPAA

3.3. Should EPA require permit coverage Should EPA require permit coverage for municipal satellite collection for municipal satellite collection systems?systems?

4.4. What is the appropriate role of NPDES What is the appropriate role of NPDES permits in addressing unauthorized permits in addressing unauthorized SSOs that are caused by exceptional SSOs that are caused by exceptional circumstances?circumstances?

5.5. What are the costs and benefits of What are the costs and benefits of capacity, management, and operations capacity, management, and operations & maintenance programs and asset & maintenance programs and asset management of sanitary sewers?management of sanitary sewers?

USEPUSEPAA

What is CMOM?What is CMOM?Capacity, Management, Operations and Capacity, Management, Operations and

MaintenanceMaintenance

Asset management program based on Asset management program based on industry standards setting the minimum industry standards setting the minimum requirements for collection systems.requirements for collection systems.

Conceived by the USEPA in the early Conceived by the USEPA in the early 1990s based on the MOM program from 1990s based on the MOM program from USEPA Region 4.USEPA Region 4.

USEPAUSEPADraft ready for adoption in 2001.Draft ready for adoption in 2001.Change in Administration – funding Change in Administration – funding

pulled – CMOM never adopted.pulled – CMOM never adopted.CMOM is comprised of:CMOM is comprised of:

Spill notification, reporting and records Spill notification, reporting and records keepingkeeping

Written program – Asset ManagementWritten program – Asset ManagementSpill responseSpill responseO & M Program including:O & M Program including:

Line cleaningLine cleaningInspection (CCTV, etc.)Inspection (CCTV, etc.)

USEPAUSEPAMappingMapping

Grease Source ControlGrease Source ControlCondition Assessment; Condition Assessment;

Replacement/RehabilitationReplacement/RehabilitationCapitol Improvement ProgramCapitol Improvement ProgramShort and long term fundingShort and long term funding

Capacity AssuranceCapacity AssuranceI&I ControlI&I Control

Sound Familiar?Sound Familiar?

USEPUSEPAA

NPDES Permit or WDRNPDES Permit or WDRBoth are legally enforceable regulationsBoth are legally enforceable regulations

NPDES Permits originate with the federal NPDES Permits originate with the federal government.government.

WDRs originate at the state or local WDRs originate at the state or local (Regional) level.(Regional) level.

Life ExpectancyLife ExpectancyNPDES Permits are renewed every five years.NPDES Permits are renewed every five years.WDR’s remain enforceable until they are WDR’s remain enforceable until they are

repealed although may have periodic review.repealed although may have periodic review.

USEPUSEPAA

CoverageCoverageNPDES Permits can be individualized NPDES Permits can be individualized

having specific requirements for a having specific requirements for a specific agency thus becoming more specific agency thus becoming more prescriptive.prescriptive.

WDRs cover groups of like agencies with WDRs cover groups of like agencies with the requirements being the same for all the requirements being the same for all covered agencies and tend to be more covered agencies and tend to be more general in nature.general in nature.

USEPAUSEPA

ProtectionProtectionThe Clean Water Act provides for citizen The Clean Water Act provides for citizen

lawsuits regardless if the agency is lawsuits regardless if the agency is under a NPDES Permit or a WDR.under a NPDES Permit or a WDR.

Some feel that the NPDES Permit system Some feel that the NPDES Permit system makes it easier for third party lawsuits.makes it easier for third party lawsuits.

Some WDRs may include “affirmative Some WDRs may include “affirmative defense” language.defense” language.The legality of affirmative defense language The legality of affirmative defense language

is debatable.is debatable.

USEPUSEPAA

How will USEPA’s proposed regulations How will USEPA’s proposed regulations effect California collection systems?effect California collection systems?If the USEPA proceeds with its apparent If the USEPA proceeds with its apparent

intentions it will take 2 to 3 years (or intentions it will take 2 to 3 years (or longer) for the program to be finalized.longer) for the program to be finalized.

Currently, state officials do not feel that Currently, state officials do not feel that USEPA’s proposed regulations will have USEPA’s proposed regulations will have any effect on California.any effect on California.

California’s current regulations are California’s current regulations are already more prescriptive than what already more prescriptive than what USEPA is proposing.USEPA is proposing.

USEPUSEPAAWhat are the issues?What are the issues?

WEF, CWEA, SCAP and other collection WEF, CWEA, SCAP and other collection system stakeholders generally do not object system stakeholders generally do not object to sensible regulations that utilize best to sensible regulations that utilize best management practices and are based on management practices and are based on industry standards such as CMOM programs.industry standards such as CMOM programs.

Issues with the NPDES Permit programIssues with the NPDES Permit programNPDES Permits issued to individual agencies.NPDES Permits issued to individual agencies.NPDES Permits issued to POTWs with NPDES Permits issued to POTWs with

satellites as co-permittees.satellites as co-permittees.NPDES Permits issued to the states allowing NPDES Permits issued to the states allowing

the states to run their own approved the states to run their own approved program.program.

State Water State Water Resources Resources

Control BoardControl Board(SWRCB)(SWRCB)

SWRCSWRCBB

WDR Order ReviewWDR Order ReviewWDR is currently under review by the WDR is currently under review by the

SWRCBSWRCBDraft of the revised Order was to be out Draft of the revised Order was to be out

late July or August with presentation to late July or August with presentation to the full Board in August.the full Board in August.

New timetable for release of draft is New timetable for release of draft is October or NovemberOctober or November

Public comment period and Public Hearing Public comment period and Public Hearing to followto follow

Adoption by SWRCB in December 2010 or Adoption by SWRCB in December 2010 or January 2010January 2010

SWRCSWRCBB

Anticipated changes.Anticipated changes.State will not reveal what changes are in State will not reveal what changes are in

the revised Order except that most of the revised Order except that most of the changes will be to the reporting and the changes will be to the reporting and monitoring with some administrative monitoring with some administrative and clarification changes to the Order.and clarification changes to the Order.

Possible notification changes utilizing a Possible notification changes utilizing a one call system for notification of OES, one call system for notification of OES, Regional Board and health care.Regional Board and health care.

Language to assist those agencies with Language to assist those agencies with lateral responsibilities for spill reporting. lateral responsibilities for spill reporting.

SWRCSWRCBBPossible addition of a Category 3 spill for Possible addition of a Category 3 spill for

very small (under 100 gallon & not to very small (under 100 gallon & not to the waters of the US) spills with reduced the waters of the US) spills with reduced reporting requirements.reporting requirements.The issue here is that there are several The issue here is that there are several

agencies (Central Valley & Bay Area) who agencies (Central Valley & Bay Area) who are experiencing a large number of very are experiencing a large number of very small spills (10 gal or less and from agency small spills (10 gal or less and from agency controlled laterals) making current reporting controlled laterals) making current reporting very costly.very costly.

Possible changes to CIWQS reporting to Possible changes to CIWQS reporting to further insure that private property spill further insure that private property spill are not credited to the reporting agency.are not credited to the reporting agency.

Reporting to be event based instead of Reporting to be event based instead of appearance based.appearance based.

SWRCSWRCBBSWRCB AuditsSWRCB Audits

The SWRCB is still on track to conduct The SWRCB is still on track to conduct random audits throughout the state.random audits throughout the state.Audits will be conducted by state and Audits will be conducted by state and

regional staffregional staffAudits will be random (unless regional staff Audits will be random (unless regional staff

wants a particular agency auditedwants a particular agency auditedAudits not based on spill historyAudits not based on spill history

WDR In-house AuditsWDR In-house AuditsEach agency is required to conduct an Each agency is required to conduct an

in-house audit every two years by the in-house audit every two years by the anniversary of the initial approval date anniversary of the initial approval date of the agency’s SSMP.of the agency’s SSMP.

SWRCBSWRCBAudits should include an evaluation of the Audits should include an evaluation of the

performance of each SSMP element and performance of each SSMP element and any changes made or anticipated to the any changes made or anticipated to the SSMP and associated programs.SSMP and associated programs.

Audits are to be written and maintained by Audits are to be written and maintained by the agency.the agency.

First audits (agency’s serving populations First audits (agency’s serving populations > 100,000) May 2011. Populations of > 100,000) May 2011. Populations of 10,000 to 100,000, August 2011.10,000 to 100,000, August 2011.

Additional information will be provided at Additional information will be provided at CSC meetings and the SCAP Monthly CSC meetings and the SCAP Monthly Update.Update.

SWRCSWRCBB

Data Review CommitteeData Review Committee Started early 2010 and meets twice a Started early 2010 and meets twice a

monthmonth Committee ObjectivesCommittee Objectives

1.1. Refine the CIWQS SSO spill report form data Refine the CIWQS SSO spill report form data fields - Is there data we are now collecting fields - Is there data we are now collecting that can be eliminated from the spill report? that can be eliminated from the spill report? Is there data we should be but are not Is there data we should be but are not currently collecting on the spill report?  How currently collecting on the spill report?  How should we refine the drop down selection should we refine the drop down selection lists for fields like "Appearance Point", etc.lists for fields like "Appearance Point", etc.

2.2. Re-design the SSO spill report form to be Re-design the SSO spill report form to be event not location based - incorporate event not location based - incorporate multiple "appearance" points into the spill multiple "appearance" points into the spill report form. report form.

SWRCSWRCBB

3.3. What indices of Collection System What indices of Collection System performance should be used to compare performance should be used to compare collection systems in California? collection systems in California?

Performance Indices have occupied Performance Indices have occupied most of the Committee’s time.most of the Committee’s time.

Current index used to compare Current index used to compare collection systems is annual spills per collection systems is annual spills per 100 miles of pipe.100 miles of pipe.

Considered unfair to small systems Considered unfair to small systems having less than 100 miles of pipe.having less than 100 miles of pipe.

SWRCSWRCBB

Approximately 10 different indices were Approximately 10 different indices were evaluated based upon miles of pipe; evaluated based upon miles of pipe; number, category and volume of spills; number, category and volume of spills; spill cause; pipe type, size and age; spill cause; pipe type, size and age; agency flow vs. spilled volume, etc.agency flow vs. spilled volume, etc.

Different scenarios were analyzed by Different scenarios were analyzed by committee members utilizing their own committee members utilizing their own data or masked data provided by the data or masked data provided by the state.state.

There is no one size fits all.There is no one size fits all.

SWRCSWRCBB

The Committee has tentatively selected:The Committee has tentatively selected:SSOs per 100 miles of mainline per yearSSOs per 100 miles of mainline per yearSSOs per 100 miles of lateral lines per yearSSOs per 100 miles of lateral lines per yearVolume spilled verses volume not recovered Volume spilled verses volume not recovered

per 100 miles of mainline per yearper 100 miles of mainline per yearVolume spilled verses volume not recovered Volume spilled verses volume not recovered

per 100 miles of laterals per yearper 100 miles of laterals per year

Consideration is being given to possibly Consideration is being given to possibly use the indices but utilize 10 and 1 mile use the indices but utilize 10 and 1 mile pipe segments for smaller systems.pipe segments for smaller systems.

SWRCBSWRCBAfter analyzing the spill data (gravity After analyzing the spill data (gravity

systems) the Committee also found:systems) the Committee also found:

Smaller pipe sizes have higher spill rates Smaller pipe sizes have higher spill rates than larger pipes but smaller volumes.than larger pipes but smaller volumes.

Smaller systems tend to have higher Smaller systems tend to have higher spill rates than larger systems.spill rates than larger systems.

Roots tend to be the number one cause Roots tend to be the number one cause or contributing factor for SSOs or contributing factor for SSOs statewide.statewide.

SWRCSWRCBBAgency Performance ReportAgency Performance Report

Report generated by and displayed on Report generated by and displayed on the SWRCB’s website.the SWRCB’s website.

Report compares an agency’s Report compares an agency’s performance with other agencies within performance with other agencies within the Region and state.the Region and state.

Report allows the viewer to select a 12-Report allows the viewer to select a 12-month timeframe for the report month timeframe for the report generation.generation.

SWRCB is soliciting additional input on SWRCB is soliciting additional input on the report.the report.

Report can be viewed in Google Groups.Report can be viewed in Google Groups.

CWEACWEATrainingTraining

2010-20112010-2011

CWEA WDR Training CWEA WDR Training ’10-’11’10-’11

CWEA training is going to shift from CWEA training is going to shift from in-person seminars to webinarsin-person seminars to webinars

Low cost 1 ½ to 2 hours in lengthLow cost 1 ½ to 2 hours in lengthTopicsTopics

How to estimate SSOsHow to estimate SSOsEnforcement and NGO ActionsEnforcement and NGO ActionsSSO-WDR Reporting and Order ChangesSSO-WDR Reporting and Order ChangesState is requesting webinar on in-house State is requesting webinar on in-house

WDR/SSMP auditsWDR/SSMP audits

Thank YouThank You

Bob KregBob Kreg

Program ManagerProgram Manager

DudekDudek