Effect of FOG on SSO: Compliance, Enforcement & Future Regulations

1. Jeff Poupart DWQ Non-DischargeGrease and Oil Workshop 2000 • Effect of FOG • Compliance and Enforcement • Future Regulations

2. Vocabulary • SSO= Sanitary Sewer Overflow (Bypass is from treatment plant not collection system) • MOM or CMOM=EPA program to self audit Capacity, Management, Operation and Maintance • CSO=Combined Sewer Outfall not prevalent in NC public often does understand difference with SSO

3. Why now? Sewers have been overflowing for years • SSO’s present important concerns for public health and the environment • Steven Herman EPA Assistant Administrator, Office of Compliance and Enforcement • As the POTWs have reduced their overall portion of the pollutant load the public has demanded that we look for other sources of impairment • SSO’s are a very visible sign of impact

4. Effect on Environment • 1999 • 628 of 2740 Reported SSO’s Grease Related (23%) • 1,934,000 gal released to Waters of State • 2000 to date • 404 of 1487 Reported SSO’s Grease Related (27%) • 1,220,000 gal released to Waters of State

5. SSO in Suburban Neighborhood

6. Health Effects of SSO’s • A draft report for the EPA obtained by U.S. News finds that more than a million Americans become ill each year just from sanitary-sewer overflows (SSOs). Raw sewage contains bacteria like E. coli, viruses, helminths (intestinal worms), and parasites. Most of those stricken suffer stomach cramps and diarrhea, but untreated sewage also spreads life-threatening ailments like cholera and infectious hepatitis.

7. Fecal Fountain

8. Do I have to do a Grease Program? YES • Condition I (4) of the New Comprehensive Collection System Permits required by HB 1160, 1999 “The Permittee must maintain an educational and enforcement program that requires the proper operation and maintenance of all grease traps and septic tanks connected to the wastewater collection system” • The first applications for this permit have been sent out • All cities over 200,000 gpd will be permitted in next 5 years

9. Guidance from EPA • MOM is being implemented in 5 towns and their Satellites in Catawba River basin when rules pass • “#1 Trouble in Collection System MOM cases so far is lack of a Grease Program” • Roy Herwig EPA Region IV Collection System Coordinator

10. Enforcement Perspective • Currently DWQ uses Enforcement Discretion for prohibited discharges • If the town has an overflow a fairly generous point system is applied to each SSO based on the Town’s Response and Operation& Maintenance Program factors • 2 points for having SUO add 3 pts more for implementing • Only assessed 12 cases against muni overflows in last two years $861,000 + costs…average $7150

11. Authority for Grease Program Comes from SUO • Gives the Town the Enforcement Authority to protect the wastewater system • Civil Penalties $10,000 per day • Injunctive Relief • Nusiance • Water Supply Shutoff

12. Sewer Use Ordinance • 1.1 Purpose and Policy (NC Model SUO) (a) To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system… (b) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system inadequately treated , into any waters of the state or otherwise be incompatible with the system e) To provide for equitable distribution of costs of O&M (f) To ensure that the municipality complies with its NPDES or Non-Discharge Permit conditions …

13. Sewer Use Ordinance • 2.1 Prohibited Discharges • (3) Petroleum oil, non biodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through • (14) Fats, oils or greases from animal or vegetable origin in concentrations greater than [100 mg/l]

14. Enforcement Perspective • Future • New EPA Rules continue general Prohibition and outline specifically when forgiven • Hurricanes or other disasters • Beyond reasonable control • Not having an implemented and enforceable grease program is not reasonable

15. Case Scenario • SSO occurs as a result of grease • Town fails to take adequate enforcement against User under SUO • Has grease program but it is not implemented • Does not have grease program • State fails to take adequate enforcement against Town • EPA files action directly against town for SSO • Gorilla comes out of the closet

16. Benefits of Grease Program • Town must pass cost on to users creating problem per 1.1 (e) of SUO if not • Overtime costs for emergency cleaning • Cost of additional crews and equipment for preventable blockages • Civil penalty assessments • 3rd Party Lawsuits • Loss of Goodwill and Customer Confidence

17. 3rd Party Lawsuits • Unpermitted discharges are subject to 3rd party action under Clean Water Act. • Under a tentative deal struck Monday with the Neuse River Foundation, any Selma sewage spill after November would require the town to cut a check to the N.C. Coastal Land Trust -- $2,500 apiece for each of the first two violations and $5,000 for the third. Town Manager Bruce Radford said the land trust was chosen because it buys salt marshes and other undeveloped coastal properties that help keep the water clean. The land trust would receive no town money if state regulators levy fines on Selma for future spills, he said. In addition, the town agreed to pay the Neuse River Foundation $7,000 for its legal fees in the case and to report any further discharges to the foundation.

18. Customer Confidence HB 1160 pass in 1999 session Requires Annual Report to Customers on Performance of POTW Bad Embarrassing to List all Spills and others Errors Throughout the year Good Great Opportunity to Educate Customers understanding of Need Should Help with Future Bond or Rate Increases