Other Elements for Small Community LTCPs

1. Other Elements for Small Community LTCPs Adrienne Nemura, P.E. Limno-Tech, Inc.

2. What are the LTCP Expectations for Small Communities? • Implement the Nine Minimum Controls (NMC) • Develop an LTCP with the following key elements: • Public participation • Consideration of sensitive areas • Post-construction compliance monitoring program • Communities may also want to consider financial capability and schedule issues Other Elements for Small Community LTCPs

3. Public Participation (If only it was this easy…) Other Elements for Small Community LTCPs

4. Public Participation • Defined as interaction between the municipality and the general public and stakeholders • Need to involve ratepayers and interested members of the public in CSO control planning • Appropriate vehicles include: • Public meetings • Newspaper & media announcements • Collaboration with other civic groups • Bill inserts • Fact sheets & project websites Other Elements for Small Community LTCPs

5. Some States have also Adopted Public Notification Rules • Michigan requires facilities report overflows within 24 hours http://www.deq.state.mi.us/csosso/ • Indiana (327 IAC 5-2.1-1) requires: http://www.in.gov/legislative/iac/T03270/A00050.PDF • CSO notification procedures • Notification to interested parties and DW suppliers within 10 miles • Invitation for notification every March • Signage at public access points • Monthly reporting on discharge monitoring reports (DMRs) Other Elements for Small Community LTCPs

6. Public Participation Examples Sample CSO project websites: Other Elements for Small Community LTCPs

7. Public ParticipationCity of Monticello, IN (Pop 5,250) • Formed Citizen Advisory Committee • Conducted public meeting to discuss LTCP • Prepared brochure on “Combined Sewers and Water Quality” • Implemented simple notification program Other Elements for Small Community LTCPs

8. Public Participation • Success defined by an affirmative answer to the question: • Did the public participation process involve ratepayers and potential users of receiving waters? Other Elements for Small Community LTCPs

9. Consideration of Sensitive Areas Other Elements for Small Community LTCPs

10. Consideration of Sensitive Areas • Sensitive areas include: • Outstanding National Resource Waters (ONRW) • 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? Other Elements for Small Community LTCPs

11. CSO Impacts?Current 303(d) Listed State Waters Other Elements for Small Community LTCPs

12. Outstanding National Resource Waters • Water quality (generally) cannot be lowered • Examples: • Waters of national and state parks • Wildlife refuges • Waters of exceptional recreational or ecological significance • States designate ONRW and may treat other waters similarly Other Elements for Small Community LTCPs

13. Regions 3 & 5: “Outstanding” Waters Other Elements for Small Community LTCPs

14. Regions 3 & 5: “Outstanding” Waters Other Elements for Small Community LTCPs

15. National Marine Sanctuaries • None adjacent to states along the Ohio River • Closest are: • Stellwagen Bank, off the coast of Massachusetts • Monitor, off the coast of North Carolina • More information available on-line at: http://www.sanctuaries.nos.noaa.gov/ Other Elements for Small Community LTCPs

16. 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=PA http://ecos.fws.gov/tess_public/TESSWebpageUsaLists?state=WV http://ecos.fws.gov/tess_public/TESSWebpageUsaLists?state=OH http://ecos.fws.gov/tess_public/TESSWebpageUsaLists?state=KY http://ecos.fws.gov/tess_public/TESSWebpageUsaLists?state=IN Other Elements for Small Community LTCPs

17. Waters with Threatened or Endangered Species • 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 Other Elements for Small Community LTCPs

18. Waters with Primary Contact Recreation (PCR) Other Elements for Small Community LTCPs

19. Public Drinking Water Intakes Potentially Impacted by CSOs 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 Other Elements for Small Community LTCPs

20. Shellfish Beds Potentially Impacted by CSOs Source: Report to Congress on the Impacts and Control of CSOs and SSOs Other Elements for Small Community LTCPs

21. Shellfish Beds Potentially Impacted by CSOs Other Elements for Small Community LTCPs

22. Water Quality Standards and Contacts • Pennsylvania • Bob Frye (717) 787-9637 http://www.pacode.com/secure/data/025/chapter93/chap93toc.html • West Virginia • Dave Montali (304) 926-0499 x1063 http://www.wveqb.org/Finalrule2003.pdf • Ohio • Bob Heitzman (614) 644-3075 http://www.epa.state.oh.us/dsw/wqs/wqs.html Other Elements for Small Community LTCPs

23. Water Quality Standards and Contacts • Kentucky • Tom VanArsdall (502) 564-3410 http://www.water.ky.gov/sw/wqstandards/ • Indiana • Jody Arthur (317) 234-1424 http://www.in.gov/legislative/iac/title327.html Other Elements for Small Community LTCPs

24. 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 Other Elements for Small Community LTCPs

25. Post-Construction Compliance Monitoring Annual number of overflows Annual volume of overflow Days of overflow Days of exceedances Pounds of BOD removed Pounds of TSS removed Money spent Other Elements for Small Community LTCPs

26. What Does the CSO Control Policy Say About Compliance Monitoring? The selected CSO controls should include a post-construction water quality monitoring program adequate to verify compliance with water quality standards and protection of designated uses as well as to ascertain the effectiveness of CSO controls. Other Elements for Small Community LTCPs

27. Post-Construction Monitoring Goshen, IN (Pop 29,400) • Obtain state approval of monitoring plan • Include monitoring protocols • Monitor select rainfall events after CSO program completed • Use same locations as used for LTCP development • Coordinate with MS4 NPDES monitoring requirements Other Elements for Small Community LTCPs

28. $7 $6 $5 $4 $3 $2 $1 $0 1 3 5 7 9 11 13 15 Financial Capability and Schedule “Knee-of-the-curve” Cost inMillions Number of Overflows Other Elements for Small Community LTCPs

29. Schedules for implementation of the CSO controls may be phased based on the relative importance of adverse impacts upon water quality and designated uses, priority projects identified in the LTCP, and on a permittee’s financial capability. What Does the CSO Control Policy Say About Implementation? Other Elements for Small Community LTCPs

30. And …. Construction phasing should consider: • Eliminating overflows that discharge to sensitive areas as the highest priority • Use impairment (expedite if significant) • The permittee’s financial capability • Grant and loan availability • Previous and current … sewer user fees and rate structures • Other viable funding mechanisms and sources of financing Other Elements for Small Community LTCPs

31. Example: Phased Implementation Under Presumption Approach Other Elements for Small Community LTCPs

32. Financial Capability Matrix Other Elements for Small Community LTCPs

33. Financial Capability References • Guidance for Financial Capability Assessment and Schedule Development (EPA, 1997) – Helpful for financial capability assessment • Small Community Municipal Financial Capability Analysis: Self Evaluation Guidebook (EPA Region 5, 2002) – More detailed, helpful for determination of widespread economic and social impact for UAA www.epa.gov/seahome/trilogyweb/src/financial/capability.htm Other Elements for Small Community LTCPs

34. Example: Seaford, DE Completes Sewer Separation in 18 Years • Population = 6,699 • Miles of sewer = 22.7 • Combined area = 1.97 sq. miles (40% of city) • Implementation schedule and cost: • Eight phases, 18 years (due to construction and financial considerations) • $2.2 million • Efforts now directed at controlling resulting stormwater discharges Other Elements for Small Community LTCPs

35. Example: Kokomo, IN to Spend to Affordability Limit in 20 Years • Population = 47,000 • 300 miles of sewer (60% combined) • Eliminated 18 CSOs since 1997 through WWTP upgrades • 20-year schedule; eliminate all but 5 CSOs Other Elements for Small Community LTCPs

36. Example: Bremerton, WA uses Mix of CSO Controls over 25 Years • Population = 36,000 • CSO area = 5.2 sq. miles • Sewer separation began in 1983; removal of RDII; storage; treatment at CSOs • Consent decree requires 1 OF/yr by 2008; City to pay for Financial Feasibility Study if schedule changes required • Spent $17M; $27M more needed (as of June 2001) • City has no bonding capacity until 2007 • Heavy reliance on loans, grants, and user fees Other Elements for Small Community LTCPs

37. Thank You