Inflow and Infiltration Issues Paul Calamita AquaLaw

1. Inflow and Infiltration Issues Paul Calamita AquaLaw

2. Legal Requirement Regulatory programs require that you address I/I EPA defines and prohibits �excessive I/I� 275 GPD presumption of excessive Can demonstrate cheaper to treat than remove Extent of I/I problem drives extent and scope of program

3. Legal Requirement Most communities forced to address I/I Proper O&M Dry weather capacity Wet weather capacity SSO CSO MD: Capacity guidelines Forces expanded capacity $$$

4. I/I Tie to �Green� Infrastructure Huge trend toward green versus grey infrastructure LID Green focuses on infiltration and inflow See www.wetweatherpartnership.com for several recent green/low impact development presentations under the Chicago 2007 CSO Workshop button.

5. Infiltration - Laterals Significant part of your system 30-70% of lines Significant source of I/I Generally 30-50%

6. Inflow Downspouts Sump pumps Driveway/area drains Illicit Connections

7. Private Sewer Laterals

8. Authority to Address I/I Yes almost in all states/communities Adopt I/I provision in sewer use ordinance Prohibiting all Prohibiting excessive Other Provide for utility access to inspect Provide inspection process Written notice Permission slip/release (or not)

9. Approaches Do it. Utility Accesses private property and inspects for inflow and condition of private lateral Require it. Require evaluation by owner (focus areas; system-wide) Require evaluation at trigger points such as real estate sale Pilot programs Full scale Phase out incentive programs 1st come first paid; diminishing percentages

10. Most Go With Incentives Public relations Practical reality

11. Incentive Approaches Funded by: Real Estate Taxes Universal sewer fee add-ons Individual sewer fee add-on (like phone company inside maintenance agreement)

12. Types of Incentives Reimbursement basis: Full cost less deductible Percentage (75-100) Of actual cost Lowest bid Flat amount ($500, 2000, etc) Full cost up to ceiling amount Tiered reimbursement 100% up to X$$$ then 50% above up to Y$$$

13. Types of Incentives Reimburse all up to $1000 then pro rata for all Grants for low income; loans for others up to ceiling Some pay for diagnostic/CCTV others don�t Flat fee 100% Percentage of cost Note: access to incentives often tied to tax compliance

14. Authority to Address I/I If permission denied Violation of Sewer use ordinance Shut off water Drag into court Install flow meter at their expense in public right of way and bill for excessive I/I

15. Commonwealth of VA Code of Virginia: Title 15.2; 15.2-2122 (COUNTIES, CITIES AND TOWNS): For the purpose of providing relief from pollution, and for the improvement of conditions affecting the public health, and in addition to other powers conferred by law, any locality shall have the power and authority to: �(5) Enter on any lands, waters and premises for the purpose of making surveys, borings, soundings and examinations for constructing and operating the sewage disposal system, and for prevention of pollution.

16. Chesterfield County, VA Sec. 18-68. Infiltration into wastewater system. (a) It shall be unlawful for any person to permit infiltration into the wastewater system or for any person to connect to the wastewater system in a way that causes infiltration into the system. (b) When the director notifies a consumer by certified mail that the wastewater system is being infiltrated by conditions located on property that is within the control of the consumer, the consumer shall eliminate the infiltration within 60 days. (c) If a consumer fails to correct infiltration as set forth in this section, the consumer shall be guilty of a violation of subsection (a), and the county may terminate the consumer's wastewater service.

17. Hanover County, VA If the county determines that an I/I problem exists on private property or within the control of the user, the director shall notify the user of such infiltration and inflow problem by certified mail, return receipt requested, and within sixty (60) days of the date on the notice, the user shall eliminate such problem by replacing or repairing the fixtures, lines or facilities. If the I/I is not abated after the sixty-day period, the director shall require installation of a raw sewage recorder at the owner's expense and the user will be billed based upon readings of the raw sewage recorder.

18. City of Clemson, SC The maximum allowable infiltration allowance for the new service lines and connections is 200 gallons per day/inch-diameter/mile. The city shall require repairs or replacement of the existing service lines and connections in order to meet the same infiltration requirements as specified for new service lines and connections.

19. Right of Entry Example in MD Where inspection and investigation methods such as lateral television inspection or location require physical entry onto private property by Authority, Authority shall request permission to perform the inspection and obtain permission from the owner of the property prior to performing the inspection. If property owner does not grant permission to enter the property, Authority may enter the property in accordance with its powers to enter private property pursuant to �.

20. Right of Entry Example in MD Article X. Waters & Sewers - SECTION 1009. RIGHT OF ENTRY Any employee or agent of the Town, while in the necessary pursuit of his official duties with regard to the water or sewage disposal systems operated by the Town, shall, have the right of entry, for access to water or sewer installations, at all reasonable hours, and after reasonable advance notice to the owner, tenant, or person in possession, upon any premises and into any building in the Town or in the county served by the Town�s water or sewage disposal system. Any restraint or hindrance offered to such entry by any owner, tenant, or person in possession, or the agent of any of them, may, by ordinance, be made a misdemeanor.

21. Muni Lateral Programs Harrisonburg, VA � City pays one-half DuPage County, IL � County pays all costs Albany, OR � City pays up to $750 Cambellsport, WI � City charges $5/quarter for each customer and then pays most costs for lateral repair; replacement Petaluma, CA � 50% of cost up to $2,000 Austin, TX � grants of up to $3,000 for low-income; low interest loans for others ranging from $1,000-3,000

22. Municipal Lateral Programs Santa Barbara, CA - $150 for each lateral tape; up to 50 percent of repair costs but not more than $2,000 Rock Island City, IL Voluntary contract $9/month on utility bill City pays up to $9,000 for repair/replacement