Collection System Regulatory Initiatives in California SCAP Collection System Committee August 26, 2009 Presented by: Eric Wessels, P.E.

Today’s Presentation  Overview Collection System Regulatory Initiatives EPA’s SSO Reduction Strategy Proposed Federal Legislation Regarding Collection Systems California WDR and SSMPs (Brief Summary) Recent California Regional Board Cease and Desist Orders (CDOs) that Impact Collection Systems 3rd Party Lawsuits Under the Clean Water Act  Collection System Audit and Order Processes  Typical Requirements of EPA Orders

Collection System Regulatory Initiatives in California Trends and Regulatory Initiatives

Federal Regulatory Initiatives: Past Initiatives  Proposed CMOM Regulation Capacity Management Operational Practices Maintenance Practices  NPRM Withdrawn; On-Hold Indefinitely

Federal Regulatory Initiatives: EPA SSO Reduction Strategy  Parallel to CMOM Proposal  April 2000: US EPA Strategy Document  Regions Must Develop Enforcement Plan to Reduce SSOs ID SSO Violators Establish Enforcement Priorities Address 20% of Priority Agencies/yr Full Range of Regulatory Response Options Ensure Action Taken to Correct SSOs  EPA Has Been Active in Region 9 San Diego, LA, Honolulu, SASM/SMCSD, EBMUD, Other Bay Area Agencies

Federal Regulatory Initiatives: Proposed Initiatives  H.R. 753/S Sewage Overflow Community Right-to- Know Act Similar to CIWQS Reporting May Resurrect CMOM Discussions Near-Term Impacts in CA Should be Minimal  Federal H.R Water Quality Investment Act of 2009: $750M for SSO Control Grants

Regulatory Initiatives: Statewide WDR  Timeline: 2006 – Spring 2009 Education/Awareness Mid-2009 – Triennial Review Summer 2009 – Begin Audits Late 2009 – Move Into Enforcement

State of CA Initiatives: State Orders  State-Issued Cease and Desist Orders (CDOs): State Regional Board - Region 2 (Bay Area) San Mateo and Tributary Agencies Others in the Future?  Requirements Very Similar to EPA Orders

Other SSO Reduction Initiatives  Stakeholder Lawsuits City of Stockton - $4M Settlement Recent Inquiries (Environmental Associates):  West Valley San. District  CSD 2-3 of Santa Clara County  Others?

Where Does That Leave Us?

Collection System Regulatory Initiatives in California Typical Collection System Audit and Order Processes

Typical EPA Audit and Order Process – Collection System Audit Phase Kickoff & Information Request Initial Audit* Supplemental Information Request Draft Audit Report** Comments by Agency (Usually Only 30 Days) Final Audit Report *Focus on Facts and Data During Audits, Not “War Stories” **Review Results Very Closely

Draft Proposal to Correct Deficiencies* Negotiations on Programs Administrative Order or Possible Consent Decree Prepare Plans Required by Order / CD Implement Programs Monitor Compliance and Results Typical EPA Audit and Order Process – Collection System Order Phase *Often Issued 4 to 6 Months After Final Audit Report

Collection System Regulatory Initiatives in California Typical Requirements of Orders and Lessons Learned

Typical Order Requirements:  Capacity Assessment & Assurance Flow Monitoring  Complete Monitoring During 1 st Wet Season After Order Model of System - Peak Dry & Wet Weather Flows  Complete Model ~2 Years After Flow Data Collected Wet Weather Mgmt / Inflow & Infiltration Reduction Programs CIP to Address Capacity Deficiencies

Lessons Learned: Capacity Programs Scrutinize Peaking Factors and Assumptions – Don’t Be Too Conservative Consider Different Capacity Upgrade Guidelines for Existing vs. New Sewers Field Verify Capacity Issues Identified by Models Before Finalizing CIP Wet Weather: Invest in a Detailed Study of Convey & Treat vs. I/I Reduction Options

Typical Order Requirements:  Inspection & Condition Assessment Inspect System Within a Defined Period of Time  Process to Identify Deficiencies  CIP - Sewer Rehabilitation & Replacement

Lessons Learned: Inspection and Condition Assessment Programs Don’t Inspect Every Sewer in the System (Unless Needed) Utilize Risk Analysis to Identify Sewers that Should be Inspected Standardize Defect Codes Utilized by Crews and Contractors; Have a QC Process Inefficient to Analyze Text-Based Data and Data on Paper Forms

Lessons Learned: Inspection and Condition Assessment (Continued) Code-Based Data Linked to Specific Assets in an Electronic Format is Easily Analyzed Data Management is Essential – Have a Strategy and a System Develop a Decision Process for Repair, Rehabilitation and Replacement Projects Simplified Decision Processes are Easier, But Results Will Not be Optimal

Typical Order Requirements:  Pump Station Programs Inspection & Rehabilitation Alarms and Alarm Response  Alarms on Every Pump Station  24/7 Response to Alarms Redundant Power Supply  Force Main Programs Inspection and/or Testing

Lessons Learned: Pump Station and Force Main Programs To Support Negotiations, Identify Holding Time Prior to Spill and Location of Overflow for Each Pump Station Consider Generator Connections and Portable Generators When Appropriate For Newer Force Mains, Negotiate a Future Testing or Inspection Date

Typical Order Requirements:  SSO Response, Mitigation and Tracking Parallels SSMP Requirements Some Additions:  Defined Response Time (30 to 60 Minutes from First Notice)  Require Documentation of Specific Procedures  Recent Focus: Notification Process to Notify Downstream Stakeholders List of Who Will be Notified Identify Person Responsible to Give Notice

Lessons Learned: SSO Response and Notification of Stakeholders Focus on Average Response Time During Negotiations, if Possible Utilize Pump Station Holding Time Data to Negotiate Pump Station Response Times Coordinate Notification With OES and/or Health Department Make Sure Your Internal Records Match the CIWQS Database

Typical Order Requirements: O&M and FOG  Preventive Maintenance Clean Entire System  Defined Frequency (2-3 Years) Hot Spots  Issue and Frequency Root Control Program Pump Station Maintenance  Fats, Oils & Grease Management

Lessons Learned: Cleaning and FOG Programs Need Cleaning Data to Negotiate Reasonable Cleaning Frequencies Begin to Collect Cleaning Data re: the Type and Quantity of Debris in Pipes Document Hot Spots and Assign a Frequency and Type of Cleaning Develop a FOG Strategy & Ordinances (Inspect, Clean, Educate, or a Combination)

Typical Order Requirements: Plan Development and Monitoring  Key Issues for Plans: 6 Months to 1 Year to Develop Detailed Schedule for Programs Detailed Procedures  Inspection and Condition Assessment  Cleaning  FOG  Response and Mitigation  Key Issues for Monitoring: Quarterly Reports Annual Progress Report vs. Schedule

“Big Picture” Lessons Learned: With a High Level of SSOs, You’ll Eventually Get Attention from EPA, CA or NGOs Audits Should Not be Taken Lightly – Understand the Process & the Implications Make Sure Audit Findings are Based on Data and Facts, Not “War Stories”

“Big Picture” Lessons Learned: (Continued) If You Receive a Draft Order, Negotiate the Terms Until Reasonable If You Have Data to Support Your Position, EPA can be Reasonable When Negotiating Focus Negotiations on High Cost Programs; Capacity, Inspection/Rehab, and Cleaning

Collection System Regulatory Initiatives in California Questions and Discussion SCAP Collection System Committee August 26, 2009 Presented by: Eric Wessels, P.E.