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MSDMSD’’s Wet Weather s Wet Weather Consent DecreeConsent Decree

Everything You Ever Wanted to Know Everything You Ever Wanted to Know (and more!)(and more!)

ObjectivesObjectives

�� Identify objective and goals of the Clean Identify objective and goals of the Clean Water Act (CWA) Water Act (CWA)

�� Identify framework of the National Pollutant Identify framework of the National Pollutant Discharge Elimination System (NPDES) Discharge Elimination System (NPDES) Permit programPermit program

�� Highlight elements of the Consent DecreeHighlight elements of the Consent Decree

�� Plan to achieve Consent Decree CompliancePlan to achieve Consent Decree Compliance

�� Define impact of Consent Decree for MSD Define impact of Consent Decree for MSD and stakeholdersand stakeholders

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Clean Water Act

National Pollutant Discharge

Elimination System

POTW Discharge Permits

CSO Policy

Regulatory FrameworkRegulatory Framework

Law Regulations Permits

CWA Roles and ResponsibilitiesCWA Roles and Responsibilities

�� CongressCongress�� Enact legislation to protect waterEnact legislation to protect water

�� EPAEPA�� Issue regulations and policies to support and clarify Issue regulations and policies to support and clarify

legislationlegislation�� Administer grants programAdminister grants program�� Provide technical, legal and training supportProvide technical, legal and training support�� Enforce per Sections 308 and 309Enforce per Sections 308 and 309

�� KY Division of Water (DOW)KY Division of Water (DOW)�� Issue permitsIssue permits�� Monitor for complianceMonitor for compliance�� Enforce permit provisionsEnforce permit provisions

�� MSDMSD�� Protect and enhance water qualityProtect and enhance water quality�� Comply with permit conditions of all permitsComply with permit conditions of all permits�� Administer required regulatory programsAdminister required regulatory programs

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MSD Has Broad Responsibilities MSD Has Broad Responsibilities for Diverse Community Challenges for Diverse Community Challenges �� WastewaterWastewater

�� Wastewater collection, from property boundary Wastewater collection, from property boundary �� Conveyance to WTPConveyance to WTP�� Treatment per KPDES permitTreatment per KPDES permit�� Operations, maintenance, capital renewal, and Operations, maintenance, capital renewal, and

service extensions service extensions �� StormwaterStormwater

�� Drainage O&MDrainage O&M�� Project DRI to improve drainage performanceProject DRI to improve drainage performance�� Flood Protection Flood Protection –– aging system from USACEaging system from USACE

�� Consent Decree compliance is an addition to an Consent Decree compliance is an addition to an already full plate!already full plate!

NPDES Permit ProgramNPDES Permit Program

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Direct Discharger

In-direct Discharger

POTW

CAFO

In-direct Discharger

Non-point source

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Treatment Plant

Permits… Properly Operate and Maintain…

1. Meet effluent requirements at the plant

2. No discharges from the pipes or pump stations

How It All Fits TogetherHow It All Fits Together

Industrial User

Trunk SewerSump Opening

Sanitary Connections

StormwaterConnections

Regulator

To Wastewater Treatment Plant

Interceptor

Overflow

Receiving Water

Typical Combined Sewer Typical Combined Sewer System ConfigurationSystem Configuration

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CSO Policy ObjectivesCSO Policy Objectives�� CSOsCSOs occur only during wet occur only during wet

weatherweather�� Comply with technology and water Comply with technology and water

qualityquality--based requirementsbased requirements�� Minimize impacts on water quality, Minimize impacts on water quality,

aquatic biota, human healthaquatic biota, human health�� CSO Policy RequirementsCSO Policy Requirements

�� Nine Minimum Controls compliance Nine Minimum Controls compliance �� Long Term Control Plan Long Term Control Plan

development and implementation development and implementation (LTCP)(LTCP)

�� EndEnd--point of implementation must point of implementation must be compliance with receiving water be compliance with receiving water quality standardsquality standards

WhatWhat’’s a CSO?s a CSO?A constructed release point on a pipe that carries both A constructed release point on a pipe that carries both

stormwaterstormwater & wastewater& wastewater

wet weatherwet weather == legal, permittedlegal, permitted

dry weather = illegaldry weather = illegal

Our Combined Sewer SystemOur Combined Sewer SystemCSO LocationsCSO Locations

�� 114 Active 114 Active CSOsCSOs

�� 7 7 CSOsCSOsEliminatedEliminated

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What About What About SSOSSO’’ss??Illegal and UnIllegal and Un--permitted Dischargespermitted Discharges

MANHOLE

““What has MSD Been Doing About What has MSD Been Doing About These Issues?These Issues?””

�� Expended more than $1.4 B in Expended more than $1.4 B in capital expansion and capital expansion and upgradesupgrades

�� What have we accomplished?What have we accomplished?�� 300 300 SSOsSSOs and and CSOsCSOs eliminatedeliminated�� Solids and floatable control on Solids and floatable control on

14 14 CSOsCSOs�� 66,000 lf sewer separation66,000 lf sewer separation�� Implemented Implemented ““Real Time Real Time

ControlControl”” of sewer system for inof sewer system for in--line storageline storage

�� Constructed offConstructed off--line storage line storage basinsbasins

�� (cont)(cont)

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What Has MSD accomplished with What Has MSD accomplished with these expenditures? (cont)these expenditures? (cont)

�� 40,000 septic tanks 40,000 septic tanks eliminatedeliminated

�� 275 small plants and 275 small plants and pump stations eliminatedpump stations eliminated

�� Expanded Southwestern Expanded Southwestern Pump Station, expanded, Pump Station, expanded, upgraded numerous other upgraded numerous other PS, constructed new PS, constructed new Starkey PSStarkey PS

�� Expanded MFWTP and 3 Expanded MFWTP and 3 regional regional WTPsWTPs, , constructed one new constructed one new WTP (FFWTP)WTP (FFWTP)

butbut…… CSOsCSOs and and SSOsSSOs persistpersist

Our Consent DecreeOur Consent Decree

�� The ProcessThe Process�� EPA requests for information EPA requests for information –– May 2003May 2003

�� KDOW Enforcement Action KDOW Enforcement Action –– February 2004 February 2004 •• SSO and other unauthorized dischargesSSO and other unauthorized discharges

�� Negotiations with KDOW, EPA Region IV, Negotiations with KDOW, EPA Region IV, EPA Headquarters, DOJEPA Headquarters, DOJ

�� Consent Decree signed Consent Decree signed –– August 2005August 2005•• SSOSSO

•• CSOCSO

•• Overall Wet Weather ManagementOverall Wet Weather Management

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Our Consent DecreeOur Consent Decree

�� The ResultThe Result�� Fair Agreement Fair Agreement –– model for others to followmodel for others to follow

•• Hundreds of other communities in similar situationHundreds of other communities in similar situation

�� Holistic solutions Holistic solutions –– watershed management watershed management

�� Good for the community and the environmentGood for the community and the environment

�� Lots of work for MSDLots of work for MSD

�� Deadline and Results OrientedDeadline and Results Oriented

Our Consent DecreeOur Consent DecreePenalties and Penalties and SEPsSEPs

�� Civil PenaltiesCivil Penalties�� $1,000,000 to State$1,000,000 to State

�� Supplemental Environmental ProjectsSupplemental Environmental Projects�� $2,250,000 $2,250,000

�� Stipulated PenaltiesStipulated Penalties�� Unauthorized Discharges $500 Unauthorized Discharges $500 -- $5,000$5,000�� Planning Milestones $1,000 Planning Milestones $1,000 -- $3,000 + $3,000 +

$100/day$100/day�� Construction Deadlines $1,000 Construction Deadlines $1,000 -- $5,000/day$5,000/day

Failure is Not an Option!Failure is Not an Option!

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Our Consent DecreeOur Consent DecreeResponsibility PartiesResponsibility Parties

�� Binding to all engaged by MSD on Wet Weather TeamBinding to all engaged by MSD on Wet Weather Team�� EmployeesEmployees�� ConsultantsConsultants�� ContractorsContractors�� …….includes everyone.includes everyone…….no exceptions.no exceptions

�� Wet Weather Team Wet Weather Team –– Stakeholder GroupStakeholder Group�� Subset of Wet Weather TeamSubset of Wet Weather Team�� Includes representative cross section of entities with stake in Includes representative cross section of entities with stake in

program outcomeprogram outcome�� Likely 20 to 25 peopleLikely 20 to 25 people�� Guidance for compliance plan developmentGuidance for compliance plan development�� Plan for public outreachPlan for public outreach�� Plan for fundingPlan for funding

Our Consent DecreeOur Consent DecreeEarly Action Plan Early Action Plan

�� Asset ManagementAsset Management�� CMOM Self Assessment CMOM Self Assessment

�� Nine Minimum Controls (NMC) ComplianceNine Minimum Controls (NMC) Compliance

�� Capital Improvements Project ListCapital Improvements Project List

�� ReportingReporting�� Sewer Overflow Response Protocol (SORP)Sewer Overflow Response Protocol (SORP)

�� Documentation, Documentation, DocumentationDocumentation, Documentation, Documentation

�� Early Action Plan submittals have created Early Action Plan submittals have created additional obligations for MSD to performadditional obligations for MSD to perform

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Our Consent DecreeOur Consent DecreeDischarge Abatement PlansDischarge Abatement Plans

�� CSO Long Term Control Plan (LTCP)CSO Long Term Control Plan (LTCP)�� Interim LTCP (6/3/06)Interim LTCP (6/3/06)�� Final LTCP (12/31/08)Final LTCP (12/31/08)

�� Sanitary Sewer Discharge Plan (SSDP)Sanitary Sewer Discharge Plan (SSDP)�� SSOP Update (2/11/06)SSOP Update (2/11/06)�� Interim SSDP (9/30/07)Interim SSDP (9/30/07)�� Final SSDP (12/31/08)Final SSDP (12/31/08)

�� Discharge Abatement Plans will be WWT Discharge Abatement Plans will be WWT focusfocus

Our Consent DecreeOur Consent DecreePotential Capital ImprovementsPotential Capital Improvements

�� Backup powerBackup power

�� Pump station modificationsPump station modifications

�� Treatment plant modificationsTreatment plant modifications

�� Combined sewer separationsCombined sewer separations

�� Sewer overflow storage basinsSewer overflow storage basins

�� Solids and floatable control facilitiesSolids and floatable control facilities

�� Wet weather treatment facilitiesWet weather treatment facilities

�� Real Time Control facilitiesReal Time Control facilities

Long Term Long Term Control Control

PlanPlan(LTCP) (LTCP)

Sanitary Sanitary Sewer Sewer

DischargeDischargePlanPlan

(SSDP)(SSDP)

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Our Consent DecreeOur Consent DecreeMiscellaneous ProvisionsMiscellaneous Provisions

�� Package deal Package deal –– cancan’’t pick and chose parts t pick and chose parts that we likethat we like

�� Consent Decree is not a permitConsent Decree is not a permit

�� Not contingent on fundingNot contingent on funding

�� EndEnd--point is CWA compliance point is CWA compliance

�� CWA compliance is required, but pathway CWA compliance is required, but pathway is flexibleis flexible

Consent Decree ComplianceConsent Decree Compliance�� Activities Completed Since CD SignedActivities Completed Since CD Signed

�� January 31, 2006 January 31, 2006 –– 11stst Quarterly ReportQuarterly Report�� February 11, 2006 February 11, 2006 –– Programmatic DeliverablesProgrammatic Deliverables

•• CMOM SelfCMOM Self--AssessmentAssessment•• NMC Compliance StatusNMC Compliance Status•• SSOP UpdateSSOP Update•• Interim LTCP UpdateInterim LTCP Update

�� April 29, 2006 2April 29, 2006 2ndnd Quarterly ReportQuarterly Report�� May 12, 2006 May 12, 2006 –– Response to EPA/DOW CommentsResponse to EPA/DOW Comments

•• CMOM CMOM ResubmittalResubmittal, , •• SORP SORP ResubmittalResubmittal

�� June 3, 2006 June 3, 2006 –– Response to EPA/DOW CommentsResponse to EPA/DOW Comments•• NMC NMC ResubmittalResubmittal, , •• Interim LTCP Interim LTCP ResubmittalResubmittal

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Consent Decree ComplianceConsent Decree Compliance

�� Next StepsNext Steps�� September 30, 2006 September 30, 2006 –– NMC ComplianceNMC Compliance

�� September 30, 2007 September 30, 2007 –– Plan for Plan for ““Big 4Big 4”” SSOsSSOs

�� December 31, 2008 December 31, 2008 –– Plan for Plan for CSOsCSOs and and SSOsSSOs

�� Long TermLong Term�� December 31, 2020 December 31, 2020 -- Combined SystemCombined System

�� December 31, 2024 December 31, 2024 -- Separate SystemSeparate System�� …….or whenever we comply with CWA.or whenever we comply with CWA

What This Means to Us What This Means to Us (MSD and Our Community)(MSD and Our Community)

��MSD has responsibility for this community MSD has responsibility for this community challengechallenge�� Huge investment will be required Huge investment will be required �� Affects quality of life for entire communityAffects quality of life for entire community

�� Choices need to be made to determine Choices need to be made to determine compliance approachcompliance approach

�� Deadlines must be met Deadlines must be met –– no matter whatno matter what�� Stakeholder guidance required Stakeholder guidance required –– the the

whole community must be heardwhole community must be heard

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QUESTIONSQUESTIONS

Wastewater PermitsWastewater PermitsStandard ConditionsStandard Conditions

Duty to ComplyDuty to ReapplyDuty to Mitigate

Proper Operation & Maintenance Duty to Provide Information

Inspection and EntryMonitoring and RecordsSignatory RequirementsReporting Requirements

Bypass ProvisionsUpset Provisions

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NPDES Statutory FrameworkNPDES Statutory Framework

�� All All ““pointpoint”” sourcessources

�� ““Discharging Discharging pollutantspollutants””

�� Into Into ““waters of the waters of the U.S.U.S.””

Must obtain an NPDES permit from EPA or an approved State

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Wastewater Permitting

Industrial

* MSD Regulates Industry

Pretreatment

WWTP Effluent

Sewage Sludge

Public Owned

Treatment Works

Pretreatment *

WWTP Effluent

Sewage Sludge

CSOs

Consent Decree

Permitted Discharges

MSD holds 25 WWTP

permits

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Our Consent DecreeOur Consent DecreeStipulated PenaltiesStipulated Penalties

Unauthorized Discharge PenaltiesUnauthorized Discharge Penalties�� Dry Weather DischargesDry Weather Discharges

•• $2,000 per location, per occurrence$2,000 per location, per occurrence•• Effective September 30, 2006Effective September 30, 2006

�� Unauthorized Sanitary Sewer DischargesUnauthorized Sanitary Sewer Discharges•• $500 per location, per occurrence $500 per location, per occurrence •• Effective August 12, 2007Effective August 12, 2007

�� Unauthorized Discharge from Big 4 Unauthorized Discharge from Big 4 •• $5,000 per location, per occurrence $5,000 per location, per occurrence •• Effective after respective elimination datesEffective after respective elimination dates

Our Consent DecreeOur Consent DecreeStipulated PenaltiesStipulated Penalties

�� Planning ActivitiesPlanning Activities�� $1,000 to $3,000 plus $100 per day$1,000 to $3,000 plus $100 per day

�� Construction ActivitiesConstruction Activities�� 1 to 30 days1 to 30 days $1,000 per day$1,000 per day

�� 31 to 60 days31 to 60 days $2,000 per day$2,000 per day

�� 61 to 120 days61 to 120 days $3,000 per day$3,000 per day

�� > 120 days> 120 days $5,000 per day$5,000 per day

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CCapacityapacity

MManagementanagement

OOperationperation

MMaintenanceaintenance

PLAN THE SYSTEMPLAN THE SYSTEMDesign and Build Per PlanDesign and Build Per Plan

PERFORMANCEPERFORMANCEAs DesignedAs Designed

CWA CWA –– Treat 100% Collected FlowTreat 100% Collected Flow

CWA CWA –– No Backups, No No Backups, No SSOsSSOs

Asset ManagementAsset ManagementSanitary Sewer SystemSanitary Sewer System

CMOM: Best practices, written procedures CMOM: Best practices, written procedures and tools used to manage performanceand tools used to manage performance

�� Design and construct for O&MDesign and construct for O&M

�� Know whatKnow what’’s in the systems in the system

�� Know where itKnow where it’’s locateds located

�� Know what condition itKnow what condition it’’s ins in

�� Plan and schedule work based on condition and Plan and schedule work based on condition and performanceperformance

�� Repair, replace, rehabilitate based on condition and Repair, replace, rehabilitate based on condition and performanceperformance

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Asset ManagementAsset ManagementCombined Sewer SystemCombined Sewer System

CSO Policy CSO Policy -- Nine Minimum Controls Nine Minimum Controls �� Proper operations and maintenanceProper operations and maintenance�� Maximum use of the collection system for storageMaximum use of the collection system for storage�� Review and modification of pretreatment requirement Review and modification of pretreatment requirement

to ensure CSO impacts are minimizedto ensure CSO impacts are minimized�� Maximization of flow to the POTW for treatmentMaximization of flow to the POTW for treatment�� Elimination of dry weather overflowsElimination of dry weather overflows�� Control of solids and floatables in CSOsControl of solids and floatables in CSOs�� Pollution prevention to reduce contaminants in CSOsPollution prevention to reduce contaminants in CSOs�� Public notification of Public notification of CSOsCSOs and impactsand impacts�� Monitoring to effectively characterize CSO impactsMonitoring to effectively characterize CSO impacts

Our Consent DecreeOur Consent DecreeReporting RequirementsReporting Requirements

�� DischargeDischarge�� Sewer Overflow Response Protocol (SORP)Sewer Overflow Response Protocol (SORP)

�� Programmatic Programmatic �� QuarterlyQuarterly

�� AnnualAnnual

Documentation, Documentation, DocumentationDocumentation, Documentation, Documentation

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Our Consent DecreeOur Consent DecreeCertifications, Right of Entry, RecordsCertifications, Right of Entry, Records

�� Construction CertificationsConstruction Certifications�� Within 30 days on all projects listed in Within 30 days on all projects listed in

Consent Decree or planning documentsConsent Decree or planning documents

�� Submittal Certifications Submittal Certifications –– on all notices, on all notices, documents, and reportsdocuments, and reports

�� Cabinet or EPA may review or visit at any Cabinet or EPA may review or visit at any time time –– full access.full access.

��We must retain all records for a minimum We must retain all records for a minimum of 5 years. Must notify Cabinet and EPA of 5 years. Must notify Cabinet and EPA of intent to destroy.of intent to destroy.

Our Consent DecreeOur Consent DecreeForce Force MajeureMajeure and Dispute Resolutionand Dispute Resolution

�� Force Force MajeureMajeure�� Claims by telephone by end of next business Claims by telephone by end of next business

day and in writing within 10 daysday and in writing within 10 days

�� Notice shall estimate the length of delayNotice shall estimate the length of delay

�� If parties disagree, go to dispute resolutionIf parties disagree, go to dispute resolution

�� Dispute ResolutionDispute Resolution�� Formal ProcedureFormal Procedure

�� 30 day informal resolution period30 day informal resolution period

�� Then to courtThen to court

�� Impacted schedules may be revisedImpacted schedules may be revised