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Mark Pollins, Director Water Enforcement Division U.S. EPA, Washington, D.C.

2. CSOs/SSOs: An EPA Enforcement Priority. Both CSOs and SSOs have been longstanding national enforcement priorities; they are priorities for the current FY 2008 - FY 2010 cycle, and we expect CSOs and SSOs will continue as priorities in the next cycle.In FY 2008, completed Federal CSO/SSO action

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Mark Pollins, Director Water Enforcement Division U.S. EPA, Washington, D.C.

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    1. 1 Mark Pollins, Director Water Enforcement Division U.S. EPA, Washington, D.C. EPA Office of Enforcement and Compliance Assurance Perspectives: Incorporating Green Solutions into Sewer Overflow Control Programs Wet Weather Partnership and NACWA Conference Chicago, Illinois April 24, 2009

    2. 2 CSOs/SSOs: An EPA Enforcement Priority Both CSOs and SSOs have been longstanding national enforcement priorities; they are priorities for the current FY 2008 - FY 2010 cycle, and we expect CSOs and SSOs will continue as priorities in the next cycle. In FY 2008, completed Federal CSO/SSO actions resulted in 173 million pounds of pollutants reduced and $3 billion investment in pollution control. (http://www.epa.gov/compliance/resources/reports/accomplishments/oeca/fy08accomplishment.pdf) Recent CSO settlements include: Ft. Wayne, $250 M injunctive relief ALCOSAN, $1.4 B injunctive relief Louisville (amended consent decree), $850 M injunctive relief Recent SSO settlements include: Honolulu (partial settlement), $300 M injunctive relief, San Diego, $876 M injunctive relief, Nashville, $350 M injunctive relief, and Lexington/Fayette Co., $290 M injunctive relief.

    3. 3 Green Infrastructure What does EPA mean by green infrastructure? Green Infrastructure uses natural or engineered systems such as green roofs, rain gardens and permeable pavement. These systems mimic natural processes and direct stormwater to areas where it can be infiltrated, evapotranspirated or re-used. Green infrastructure can provide many environmental benefits: stormwater control, air quality improvements, urban heat island mitigation, energy demand reductions, carbon sequestration, headwaters protection, etc. Green infrastructure generally is a subset of sustainable infrastructure. (http://www.epa.gov/npdes/pubs/gi_action_strategy.pdf)

    4. 4 Green Infrastructure, cont. Use of Green Infrastructure in NPDES Permits and Enforcement. On August 16, 2007 the Offices of Water and Enforcement and Compliance Assurance issued a memo on use of green infrastructure in NPDES permitting and enforcement. NPDES permits require compliance with effluent limitations developed to meet technology-based requirements, as well as more stringent water quality-based requirements; the permits also contain general and special conditions, including monitoring and reporting.

    5. 5 Green Infrastructure, cont. The discharger makes the decision on how to achieve compliance with limitations and conditions contained in an NPDES permit, and may decide to make use of green infrastructure to comply with NPDES permit terms, limitations and conditions. These permits must meet the requirements of CWA 301, 302, 306, 307, 308, and 313. EPA will also consider the feasibility of the use of green infrastructure as a water pollution control technology in its enforcement activities, and encourages state authorities to do likewise. EPA is working on more specific guidance to help facilitate implementing this message -- e.g., model permit and enforcement consent decree language, and we are compiling examples of where green infrastructure has been incorporated into permits and enforcement mechanisms in an appropriate and effective manner.

    6. 6 Green Infrastructure, cont. Action Strategy. Managing Wet Weather with Green Infrastructure, Action Strategy, 2008. On January 17, 2008, EPA, State and National partners release a comprehensive plan to reduce runoff and increase environmental and economic benefits for communities. The Strategy was developed by the six partners who signed the original Statement of Intent. OECA is a full partner with other EPA Offices (OW and ORD) on several implementation areas.

    7. 7 Green Infrastructure, cont. Seven implementation areas: Research Outreach and Communication Tools Clean Water Act Regulatory Support Economic Viability and Funding Demonstrations and Recognition Partnerships and Promotion. NOT SURE ABOUT THESE SO I PULLED THEM OUT OF THE SLIDE: Model permit language for MS4 permits under development Guide for State/Regional NPDES programs on facilitating the use of green infrastructure in regulatory programs under development Collaboration on development of a model CSO LTCP under development NOT SURE ABOUT THESE SO I PULLED THEM OUT OF THE SLIDE: Model permit language for MS4 permits under development Guide for State/Regional NPDES programs on facilitating the use of green infrastructure in regulatory programs under development Collaboration on development of a model CSO LTCP under development

    8. 8 Green Infrastructure, cont. There are several permitting and enforcement tools OW and OECA are working together on: NPDES clarification memo - completed Clarification memo on green infrastructure interface with UIC class V wells completed Training for municipal officials and others who operate MS4s, CSO, SSO and other wet weather programs ongoing Green Infrastructure Permitting and Enforcement Resource Guide under development Guidance for incorporating green infrastructure into consent decrees/long-term control plans under development NOT SURE ABOUT THESE SO I PULLED THEM OUT OF THE SLIDE: Model permit language for MS4 permits under development Guide for State/Regional NPDES programs on facilitating the use of green infrastructure in regulatory programs under development Collaboration on development of a model CSO LTCP under development NOT SURE ABOUT THESE SO I PULLED THEM OUT OF THE SLIDE: Model permit language for MS4 permits under development Guide for State/Regional NPDES programs on facilitating the use of green infrastructure in regulatory programs under development Collaboration on development of a model CSO LTCP under development

    9. 9 Green Infrastructure, cont. Green Infrastructure SEPs When volunteering to perform a SEP, a company must show that it can and will complete the project, and must provide all funds used to finance the project. EPA provides oversight to ensure that the company does what it promises to do. EPA, however, does not manage or control the funds. SEPs are designed to protect and improve the environment and public health, beyond that achieved by compliance with applicable laws. Green infrastructure SEPs have been included in settlements with:

    10. 10 Green Infrastructure SEPs, cont. (from EPAs 5 Star Restoration Grant Program) Washington Suburban Sanitary Commission, Maryland, 12/05 -- establishment of conservation easements and/or purchasing undeveloped real estate in areas surrounding the Patuxent Reservoir to reduce pollutant flows into the reservoir, and assisting low income residents to disconnect stormwater drains that connect to collection systems on private property,

    11. 11 Green Infrastructure SEPs, cont. District of Columbia Water and Sewer Authority, 3/05 -- $1.7 M low impact development projects throughout Washington, DC and a $300 K green roof demonstration project Cincinnati, OH, 2/02 -- $5.3 M for a greenway project, in-stream habitat restoration, and a remedial action plan for the municipal landfill Jefferson County, AL, 12/96 -- $30 M for greenway and stream buffer project Toledo, OH, 12/02 -- $1.0 M for restoring and providing public access to wetlands in the Duck Creek basin near the east bank of the Maumee River, and cleaning up contaminated properties near the Ottawa River I DELETED THIS FROM THE SLIDE BECAUSE I THINK IT NEEDS TO HAVE A STORMWATER CONNECTION TO BE LISTED AS A GI SEP Louisville and Jefferson Co., KY -- convert and reclaim the former Lees Lane landfill into an area for public use I DELETED THIS FROM THE SLIDE BECAUSE I THINK IT NEEDS TO HAVE A STORMWATER CONNECTION TO BE LISTED AS A GI SEP Louisville and Jefferson Co., KY -- convert and reclaim the former Lees Lane landfill into an area for public use

    12. 12 Green Infrastructure SEPs, cont. Atlanta, Georgia, 7/99 -- a $27.5 M greenway acquisition project to acquire and maintain greenway areas along designated streams and clean up along selected streams

    13. 13 Green Infrastructure SEPs, cont. Sanitation Dist No. 1 of Northern Kentucky, 4/07 -- $600 K to reduce excess flows into the sewer system from residences and to extend sewer service to areas currently served by defective septic tanks or straight pipes discharging raw sewage; four State projects involving land conservation, monitoring of water quality, public education on water quality issues, and watershed restoration Lexington/Fayette Urban Co., KY, 3/08 -- $1.2 M for the Coldstream Park Stream Corridor Restoration and Preservation project and for one or more green infrastructure projects for management of wet weather flows in the urban area Independence, MO, 3/09 -- $450 K for soil and bank stabilization and the use of native grasses at 3 water detention basins Baltimore County, Maryland, 9/02 -- $4.5M for restoration of several stream areas degraded by urban impacts

    14. 14 Green Infrastructure as Injunctive Relief In addition to SEPs, green infrastructure can be used as an element of injunctive relief required under a consent decree DELETED FROM SLIDE: OECA and OW continue to work on the guide for State/Regional NPDES programs on facilitating the use of green infrastructure in regulatory programs for CSO/SSO/MS4 discharges. DELETED FROM SLIDE: OECA and OW continue to work on the guide for State/Regional NPDES programs on facilitating the use of green infrastructure in regulatory programs for CSO/SSO/MS4 discharges.

    15. 15 Green Infrastructure as Injunctive Relief Consent decrees or administrative orders with green infrastructure should include provisions to ensure adequate completion of projects and measurable reductions in stormwater flow, including: Milestones for completion of projects, or for reaching specified flow reduction targets Quantitative monitoring to characterize the effectiveness of the green infrastructure Reporting of the results Establishing responsibility for operation and maintenance Making adjustments, as needed

    16. 16 Green Infrastructure as Injunctive Relief Kansas City, MO submitted their Overflow Control Plan to EPA for approval in December 2008, which includes: substantial initial investment in green infrastructure and an adaptive management approach that will allow additional green infrastructure to be utilized as its benefits to the system and the City are measured and confirmed. Rain gardens Downspout disconnects Monitoring and modeling Public education and outreach Watershed management plan (http://www.kcmo.org/water/KCWetWeatherCityNav/images/PDFs/plan_overview.pdf, http://www.kcmo.org/water/KCWetWeatherCityNav/images/PDFs/plan_full.pdf)

    17. 17 Green Infrastructure as Injunctive Relief Louisville, KY submitted their Integrated Overflow Abatement Plan to EPA for approval in December 2008, which includes a Green Infrastructure Program and 19 Green Demonstration Projects: Bioswales Rain gardens Permeable alleys Green streets Green parking lots (http://www.msdlouky.org/projectwin/pdfs/MSD_IOAP_Vol_2_%20Exec_Summ.pdf)

    18. 18 Green Infrastructure, cont. Discussions between EPA, States, and municipalities regarding the most effective use of green infrastructure as injunctive relief are ongoing. OECA is fully participating in EPAs green infrastructure efforts and is working with other offices and our partners to facilitate the use of green infrastructure in enforcement remedies.

    19. 19 Schedules and Affordability How long will it take to actually do remedial work? SSO cases where spills are primarily an O&M issue (e.g. L.A.) tend to have shorter schedules. CSO cases require more complicated remedies (large storage basins and/or deep tunnels) (e.g. WASA) and have longer schedules. What is the cost of remedial work per household in the service population? Significant factor in determining both the level of control and the length of the schedule in complex remedy cases; 2% of MHI drives both remedy selection and length of compliance schedule.

    20. 20 Schedules and Affordability, cont. Financial capability guidance Burden on community determines length of schedule: Low burden 5 years; Medium burden -- 10 year; High burden 15 years, caveat of 20 years in special circumstances. At the present time, OW is not revising financial capability guidance.

    21. 21 Schedules and Affordability, cont. EPA is sensitive to financial issues in the current economic climate.

    22. 22 The Goal: Clean Water Mark Pollins Director, Water Enforcement Division (202) 564-4001 pollins.mark@epa.gov

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