Jeff Poupart DWQ Non-Discharge Grease and Oil Workshop 2000

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Jeff Poupart DWQ Non-DischargeGrease and Oil
Workshop 2000

• Effect of FOG
• Compliance and Enforcement
• Future Regulations

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Vocabulary

• SSO Sanitary Sewer Overflow (Bypass is from
  treatment plant not collection system)
• MOM or CMOMEPA program to self audit Capacity,
  Management, Operation and Maintance
• CSOCombined Sewer Outfall not prevalent in NC
  public often does understand difference with SSO

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Why now? Sewers have been overflowing for years

• SSOs 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
• SSOs are a very visible sign of impact

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Effect on Environment

• 1999
• 628 of 2740 Reported SSOs Grease Related (23)
• 1,934,000 gal released to Waters of State
• 2000 to date
• 404 of 1487 Reported SSOs Grease Related (27)
• 1,220,000 gal released to Waters of State

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SSO in Suburban Neighborhood
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Health Effects of SSOs

• 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.

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Fecal Fountain
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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

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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

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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
  Towns 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 costsaverage 7150

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• 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

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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 OM
• (f) To ensure that the municipality complies with
  its NPDES or Non-Discharge Permit conditions

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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

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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

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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

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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

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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.

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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