1. Small Community Considerations Julia Moore, P.E. Limno-Tech, Inc.

2. Small Community Considerations 2 Definition of a “Small Community” From the CSO Policy: At the discretion of the NPDES Authority, jurisdictions with populations under 75,000 may not need to complete each of the formal steps outlined in [the CSO Policy]...

3. How Many Small Jurisdictions are there with CSOs? Distribution of POTW Facility Capacities Serving CSSs Source: Report to Congress on the Impacts and Control of CSOs and SSOs

4. Small Community Considerations 4 Key Elements of the CSO Control Policy for Small Communities Nine Minimum Controls (NMC) Elements of an LTCP for Small Communities Public participation Consideration of sensitive areas Evaluation of alternatives? Post-construction compliance monitoring program

5. Small Community Considerations 5 Nine Minimum Controls Proper operations and regular maintenance programs for the CSS and CSO outfalls Maximum use of the CSS for storage * Review and modification of pretreatment requirements Maximization of flow to the POTW for treatment * Elimination of CSOs during dry weather * Also components of LTCP activities

6. Small Community Considerations 6 Nine Minimum Controls Control of solid and floatable materials in CSOs * Pollution prevention programs * Public notification Monitoring to effectively characterize CSO impacts and the efficacy of CSO controls * * Also components of LTCP activities

7. Small Community Considerations 7 New York’s 15 BMPs EPA considers as equivalent to eight of the NMC The ninth, “pollution prevention” is addresses through several alternate BMPs designed to minimize pollution Applicability of the 15 BMPs is determined on a site-specific basis

8. Small Community Considerations 8 Expectations of the CSO Policy Documentation submitted to the NPDES authority on implementation of the NMC should demonstrate: Alternatives considered for each minimum control Actions selected and reasons for selection Selected actions already implemented A schedule showing additional steps to be taken Effectiveness of the minimum controls in reducing/eliminating water quality impacts

9. Small Community Considerations 9 Maximize Storage in the CSS Example implementation activities include: Removal of deposits in the CSS through cleaning and sewer flushing Adjustment of regulator settings Modification of catch basin inlets Elimination of roof leader and basement sump pump connections Coordination of pumping operations

10. Small Community Considerations 10 CSO Regulator at High Flow

11. Small Community Considerations 11 Adjusted CSO Regulator at High Flow

12. Small Community Considerations 12 Maximize Flow to the POTW Example implementation activities include: Reducing inflow (clear water) into the collection system Using real-time flow monitoring data to: Divert flows to the POTW immediately as capacity becomes available Pump-over from capacity constrained areas to other parts of the CSS Identifying inoperative or unused treatment facilities at the POTW or nearby that can be used to store or treat wet weather flows

13. Small Community Considerations 13 Solids and Floatables Control Example implementation activities include: Preventing solids and floatables from entering the CSS (pollution prevention) Removing solids and floatables from CSOs using physical controls Removing floatables from receiving waters after discharge

14. Small Community Considerations 14 Modified Catch Basin with Hood Curb Street Catch Basin Hood

15. Small Community Considerations 15 Screen or Trash Rack at CSO Outfall

16. Small Community Considerations 16 Pollution Prevention Example implementation activities include: Recycling Installing trash receptacles in high traffic areas Controlling illegal dumping Collecting household hazardous waste Conserving water Educating the public

17. Small Community Considerations 17 Monitoring Example implementation activities include: Assembling maps, reports, and other existing information Recording the occurrence and frequency of CSOs through visual inspections or the use of inspection aids such as chalk and wood blocks Tracking citizen inquiries, water quality data, and other readily available information on CSO- related impacts

18. Small Community Considerations 18 Nine Minimum Controls Important to assess the effectiveness of the NMC Can be both qualitative and quantitative Implementation of the NMC may reduce the number or size of controls included in LTCP

19. Small Community Considerations 19 Expectations for LTCPs Should be tailored to the resources of the community… Community Service PopulationNo. of CSOs Wilmington, DE 70,000 38 Wheeling, WV31,000 211 Saco, ME 18,000 6 Randolph, VT 2,270 3 All are “small,” but should expectations for each be the same?

20. Small Community Considerations 20 Expectations for LTCPs Based on site-specific factors that include, but are not limited to: Average annual volume of CSO discharges Number of CSO outfalls Population served Proximity of discharges to sensitive areas Designated or desired uses for receiving waters In all cases, CSO control program must meet the objectives of the Clean Water Act

21. Small Community Considerations 21 Expectations for LTCPs Expectations should be based on the BPJ of the permit writer Expectations need to be clearly defined for community in the fact sheet to the permit Will require active communication between the NPDES authority and community throughout the process to ensure that expectations are met

22. Small Community Considerations 22 Public Participation Defined as interaction between the municipality and the general public and stakeholders Need to involve interested members of the public in CSO control planning Appropriate vehicles include: Public meetings Bill inserts Project website

23. Small Community Considerations 23 Public Participation Sample CSO project websites: CityURL Lansing, MI http://publicservice.cityoflansingmi.com/PubEng/cso.jsp Manchester, NH http://www.manchesternh.gov/CityGov/DPW/EPD/CSO.html Portland, OR http://www.portlandonline.com/cso/ St.Joseph, MO http://www.ci.st-joseph.mo.us/publicworks/wpc_cso.asp Wilmington, DE http://www.wilmingtoncso.com/CSO_home.htm

24. Small Community Considerations 24 Public Participation Success defined by an affirmative answer to: Did the public participation process involve rate payers and users of receiving waters?

25. Small Community Considerations 25 Consideration of Sensitive Areas Sensitive areas include: Outstanding National Resource Waters National Marine Sanctuaries Waters with threatened or endangered species and their habitat Waters with primary contact recreation Public drinking water intakes or their designated protection areas Shellfish beds Are sensitive areas present and impacted by CSO discharges?

26. Small Community Considerations 26 Upstate Waters Currently Listed as Impaired by CSOs WaterbodyCounty Two Mile CreekErie Scjaquada CreekErie Rush CreekErie Mohawk RiverHerkimer Utica HarborOneida Ballou, Nails CreekOneida Note: an additional 19 waterbodies in Richmond, Kings, Queens, and Bronx Counties have been identified as impaired by CSO Source: New York State 2004 Section 303(d) List (January 28, 2004)

27. Small Community Considerations 27 Nationwide River Inventory (NRI) Last updated in 1995 Includes 109 New York waterways 3131.8 river miles Criteria for inclusion in NRI include: Areas of spectacular natural beauty or scenic splendor Rivers that provide exceptional recreation opportunities Exceptional occurrences of geologic formations, processes, or phenomena Habitat of spawning grounds for rare or ecologically significant fish species Habitat for significant riparian-dependent wildlife species Historically significant river segments or sites

28. New York State CSOs Discharging to the Great Lakes

29. Small Community Considerations 29 National Marine Sanctuaries None adjacent to NYS Closest is Stellwagen Bank, off the coast of Massachusetts More information available on-line at: http://www.sanctuaries.nos.noaa.gov/

30. Small Community Considerations 30 Waters with Threatened or Endangered Species Determine whether listed species are located in the area by checking the ESA listing at: http://ecos.fws.gov/tess_public/TESSWebpageUsaLists?state=NY If there are listed species in the area, contact the local FWS, NMFS, or State or Tribal Heritage Center to determine if the listed species could be found or if any critical habitat areas have been designated in the CSO receiving waters Critical habitat areas may be designated independently from listed species, so even if there are no listed species in the area still should contact one of the agencies mentioned above to determine if there are any local critical habitat areas

31. Small Community Considerations 31 Waters with Primary Contact Recreation New York State Water Classifications 6NYCRR Parts 800-941 Includes the name of the individual water body or segment, a physical description of the individual water body, a reference to the associated map where the water body can be located, the classification of the water body, and the standards assigned to that water body Hard copies of the classifications and associated information for each individual water body or segment, under 6NYCRR Parts 800-941, are available for inspection and copying as part of the Regional CWA water quality standards docket at: NYSDEC, Division of Water, Bureau of Water Assessment and Management, Albany, NY 12233-3502 or by calling James Beach at (518) 402-8132 EPA Region 2, 290 Broadway, New York, NY 10007, or by calling Wayne Jackson at (212) 637-3807

32. Public Drinking Water Intakes Potentially Impacted by CSOs EPA RegionStateNumber of CSOs w/in 1 mile of a DWI 1ME7 2NY7 3PA19 3WV9 4KY7 5IN3 5OH7 TOTAL59 Note: EPA was unable to confirm data for an additional 14 outfalls in two states (PA and WV); these outfalls are not included in this table. Source: 2004 Report to Congress on the Impacts and Control of CSOs and SSOs

33. Small Community Considerations 33 Public Drinking Water Intakes Potentially Impacted by CSOs Two facilities in New York with active CSO outfalls within 1 mile of a DWI City of Lockport (3 outfalls) Buffalo Sewer Authority (4 outfalls) Drinking water intake may not be primary intake

34. Shellfish Beds Potentially Impacted by CSOs Shellfish Harvest Classification Number of Classified Shellfish Growing Areas w/in 5 miles of a CSO Prohibited411 Restricted80 Approved154 Unclassified14 Total659 Source: Report to Congress on the Impacts and Control of CSOs and SSOs

35. Shellfish Beds Potentially Impacted by CSOs

36. Small Community Considerations 36 Consideration of Sensitive Areas If sensitive areas are present and impacted, the LTCP should address plans for: Prohibiting new or significantly increased overflows Eliminating or relocating overflows where possible Treating overflows where necessary Reassessing impacts each permit cycle where elimination or treatment are not achievable

37. Small Community Considerations 37 Evaluation of Alternatives Not explicitly recommended by the CSO Policy for small jurisdictions Expectations of the CSO Policy for small communities: …the permitee may propose to implement any of the criteria contained in [the CSO Policy] for evaluation of alternatives…

38. Small Community Considerations 38 Evaluation of Alternatives Impossible to develop a cost-effective plan without considering alternatives EPA has developed fact sheets describing a range of CSO control technologies: http://www.epa.gov/npdes/pubs/csossoRTC2004_AppendixL.pdf

39. Small Community Considerations 39 Post-construction Compliance Monitoring Expectations of the CSO Policy for small communities: Following the approval of the proposed plan, [jurisdictions with populations under 75,000] should … propose a monitoring program sufficient to determine whether WQS are attained and designated uses are protected.

40. Small Community Considerations 40 Post-construction Compliance Monitoring Where? When? How much? More detailed discussion to follow…

41. Small Community Considerations 41 Techniques for Minimizing Burden Longer implementation schedules (next presentation) Unique funding sometimes available for small and/or financially disadvantaged communities (e.g., CDBG) Revised water quality standards