14. Sanitary Sewer Overflows

14.1 Policies and Procedures

1/30/2012

Contents                                                                                       Page
                                                                                                           
About These Policies and Procedures                                             2
Who will use them
Purpose
Other guidance or processes
                                                           
Terminology used in this guidance                                                  3

Facilities to Report                                                                           4
Dry/Wet weather reporting
Waters of the State
Basement backups
Satellite sewer systems
Gray water
Discharges onto Private Property
Cleanup
How Facilities Should Report
Data that needs to be reported
A guide sheet to send to permittee                                                       7
                                   
Public Notice                                                                                   10
Guidance for MoDNR staff
Public notice guidance for permittees                                    
                                   
MoDNR On-Site Response                                                                13
Factors to determine if staff should respond
                                   
MoDNR Response – Staff Preparation to go into the field                      14
                                               
Sampling                                                                                         16
When sampling should be done
Who will collect and test water samples
Parameters
                                                           
Compliance Process                                                                        17
CC&P
Wet weather compliance guidance
Compliance actions – LOWs, NOVs, EARs
Cost Recovery
                                               
MoDNR Data                                                                                    20
                                                                                                              
Attachment …. E-report system- data entry screen shot                                                                  
About These Policies and Procedures

Purpose

This is guidance for use by Water Pollution Control Branch (WPCB) staff, Environmental Services Program, and Regional Office (RO) staff.  It will be a part of the Operations Manual.

The primary purpose for this guidance is to describe the procedures for addressing SSOs and bypasses by MoDNR staff.

This guidance complies with regulations and includes policies not covered by regulations. 

Other guidance or processes

There are other Department and EPA guidance and/or enforcement documents covering:

Constructed bypass structures at plants, such as at peak flow clarifiers for use during wet weather, are not allowed by state law.  These issues are not addressed by these policies. 

Terminology used in this guidance

Federal terms

In Federal documents, a bypass is limited to discharges that occur at a wastewater treatment plant, i.e. major mechanical or biological treatment devices are bypassed by the incoming wastewater at the headworks, from a treatment unit or from pumps and piping within the plant.  This can be referred to as a problem “inside the fence” or on the property of the treatment plant. Untreated or partially treated water is discharged.  See 40 CFR 122.41(m)(i).

Missouri terms

In Missouri regulations, bypasses are discharges of untreated or partially treated wastewater any place in a collection or treatment system, i.e. they are not limited to the plant.  See 10 CSR 20-2.010

Both Federal and Missouri

In both Federal usage and in Missouri, the term Sanitary Sewer Overflow (SSO) has the same definition – discharges from sewer pipes, manholes, lift station pumps or other places in the sewer system before the wastewater enters the wastewater treatment plant.  Can be referred to as “outside the fence.”

Terms for this guide

To be the most specific, this document uses the following EPA terms:

Facilities to Report

Reporting wet weather SSOs within 24 hours can only be recommended to POTWs not required.  Requirements can only be made if it can be established that there is a WQS violation.

Waters of the State of Missouri

Basement backups and Private Service Lines

Sewer utilities should record any instances of basement backups, discharges from lateral lines or cleanouts.  These records should be reviewed by department staff as part of any inspection. (Sanitary Sewer Overflow Policy Implementation  4/4/2007). 

Sewer utilities are not required to submit a SSO report for basement backups unless the water is pumped out of the structure and is released to the environment.    If the sewer utility is aware a homeowner is pumping wastewater out of the basement, they are encouraged to report the event to the department and the local Health Department.

Discharges from private service lines, laterals or cleanouts do not have to be reported by the sewer utility.  However, the department does encourage the reporting of these releases to ensure that appropriate coordination is made with the local health department or, if necessary, to provide a response to the incident.

If a sewer utility initially reports an SSO that is later found to be the fault of a private service line, the final report should make note of this fact.  In general, the department will not address problems associated with private service line issues in any analysis of a systems SSO’s.  An exception may occur if excess inflow problems have been identified due to downspouts or foundation drains. 

Property owners are all responsible for problems associated with a common line where there is no continuing authority in-place.  Those individuals will be responsible for any water quality impacts associated from discharges from those lines.  If the line connects to a permitted collection system, the operator of that system should not be considered responsible unless the cause of the discharge originates from their system, e.g. a grease blockage.  Ultimately, the larger operating authority should have the common line conveyed to them for future operation and maintenance responsibilities.  Transfer of the private line is encouraged but is solely a matter between the property owners and the continuing authority.

Solids and residuals on the ground from a bypass or overflow should be promptly cleaned up and properly disposed.  Solids that occur from a line or manhole that serve more than a single family residence are subject to the Solid Waste Law and regulations.  These materials should ultimately be disposed of at a permitted sanitary landfill.  Materials from a private lateral serving only a residence   would not be subject to the Solid Waste requirements but should still be properly managed.  The responsible party should notify the Missouri Department of Health and Senior Services and coordinate any cleanup actions with that agency.

Satellite Sewer Systems
Since SSOs are a potential threat to human health and the environment, MoDNR staff will require satellite systems to report to the department.  
Satellite communities are municipalities that act as the operating continuing authority for their sanitary sewer collection systems, but do not have a wastewater treatment plant and do not have an MSOP.  An example would be cities in the east and south parts of Jackson County, such as Belton, Grandview and Lee’s Summit that have sewers that deliver the wastewater to the Little Blue Valley Sewer District’s treatment plant or the city of Holts Summit that contributes to Jefferson City’s system.
Usually, much of the Department’s authority for regulating a collection system is based in the conditions of the MSOP (NPDES permit) held by the wastewater treatment plant.  However, in the case of satellite communities, the permit is held by another community or regional treatment facility, and the authority of that NPDES permit may not extend to all parts of the tributary collection system.  Releases from a collection system would constitute a discharge without a MSOP and/or violations of effluent regulations or water quality standards.

Gray Water
Gray water is wastewater from kitchen sinks, dishwashers, clothes washers and similar household sources.  Gray water is sometimes discharged directly outside a home and does not enter a sewer.  Since the wastewater did not enter a sewer system, it cannot be a sewer overflow.  Gray water discharges are discharges without a permit and the responsibility of the discharger and not the owner or operator of the sewer system.  The department will address these unpermitted discharges.

Discharges onto Private Property
Reporting of SSOs is required regardless if the discharge is confined to private property, including property of the sewer system.

Cleanup
The permittee or sewer owner/operator is responsible for cleanup regardless of the ownership of the contaminated property.  This applies to outside contamination and does not apply to damages in basements. The permittee or sewer owner/operator must coordinate any access issues with the property owner. 

The sewer owner/operator will determine the level of cleanup needed based on public access to the site and based on public health threats.  Access is assumed an issue in urban areas and public use areas such as parks or beaches and other sites where the public could be exposed to contamination.  Clean up will include, but not be limited to, removal of solids, vacuuming up free liquids and liming the ground.   Since lime can impact water quality, in some locations other methods should be employed.

How Facilities Should Report

As soon as possible, but no later than 24 hours of the release, facilities are required to report by methods approved by the department.  The preferred method to report will be e-reporting.  Telephone reports will still be taken by the Regional Office or the Spill Line on off hours or weekends and state holidays.   

Leaving voice mails, Emailing, or faxing a form does not satisfy the 24-hour reporting requirements. Written notification alone is not sufficient to satisfy the 24-hour reporting requirements.

Although e-reporting is the preferred method, sewer operators phoning in must speak to a MoDNR staffer.  The data required in the attached e-reports screen shot can be used by the facility staff to guide them in making a call.

Guidance for Permittees

The Guidance sheet on the next page is designed to be sent to permittees by MoDNR staff.  Staff may mail, email or fax the guidance to local officials, wastewater system staff or operators.  Reporting forms on the following pages should be attached when sending the guidance to facilities.

Guide for Wastewater Facilities
Reporting SSOs and Bypasses

Reporting of all sanitary sewer overflows (SSOs) and treatment plant bypasses are required by Missouri Clean Water Commission regulation 10 CSR 20-7.015(9)(E) and your Missouri State Operating Permit [MSOP, also known as the National Pollutant Discharge Elimination System (NPDES) permit].  Failure to notify the Department may result in civil or criminal penalties for noncompliance.  Please refer to the Noncompliance Notification section of Part I Standard Conditions included as part of your MSOP. 

For the purpose of this report, a SSO or a Plant Bypass is defined as the diversion of wastewater from any portion of the wastewater collection system or wastewater treatment facility regardless if it reaches waters of the state.

During wet or dry weather, all SSOs from the collection system or bypasses at the plant are required to be reported within 24-hours on-line or orally (voice mail messages, Emails, or faxes do not satisfy this requirement) to the Missouri Department of Natural Resources (MDNR).

On-line reporting is preferred.  The e-reporting system is available at the department’s website.  Telephone reports will still be taken at the following phone numbers:

Kansas City Regional Office

(816) 622-7000

Northeast Regional Office

(660) 385-8000

St. Louis Regional Office

(314) 416-2960

Southeast Regional Office

(573) 840-9750

Southwest Regional Office

(417) 891-4300

Weekends, holidays and after 5:00 p.m.

MoDNR’s 24-hour Spill Line at (573) 634-2436. 

Within (5) calendar days a final report is required.  It can be submitted on-line or in writing to a MDNR Regional Office.

Reporting required

SSOs from satellite sewer systems (communities or companies with sewer systems but without a treatment plant) should be reported by the satellite system to the MoDNR Regional Office as described above.  Also, the satellite system should report to the receiving plant operator.

Reporting not required

Flows from Combined Sewers at permitted outfalls are not required to be reported as overflows.  But the sewer system must follow CSO requirements.

Basement backups are not required to be reported, unless the wastewater leaves the structure.  Basement backups should be tracked by the sewer system operator and the information made available to the department during inspections.

Discharges of gray water from homes or businesses are not required to be reported as SSOs by the local sewer owner/operator.  However, such discharges are not legal for the owners of the property and may be in violation of ordinances or other requirements in relation to community MS4 programs. Gray water discharges from regulated facilities are subject to MSOP requirements.

Public Notice

The department Public Information Office will be notified by the e-reporting system

Guidance for Permittees on notifying the public

Below is a sheet that may be sent to permittees or satellite sewer systems or other entities that are responsible for sewage spills

 


Sanitary Sewer Overflows
And
Plant Bypasses
PUBLIC NOTICE AND POSTING ACTIONS
REQUESTED BY THE
MISSSOURI DEPARTMENT OF NATURAL RESOURCES

 

Sewage discharges contaminate the environment with bacteria and other pollutants and can threaten public health. The Missouri Department of Natural Resources advises holders of wastewater discharge permits (Missouri State Operating Permits) or other owners/operators of sewer systems that it is their responsibility to inform the public of all sewage releases, other than their authorized discharge.  Overflows from collection systems or at wastewater treatment plants can occur during either dry or wet weather conditions

DRY WEATHER DISCHARGES

Dry weather overflows occur when failures prevent the sewer system from transporting or treating wastewater. Failures can be due to line blockages, power outages, equipment malfunction, operator error, etc. The public should be notified of all dry weather discharges immediately when they occur by the most expedient method available.

If the sewage stays on private property, affected property owners can be notified by a visit, phone call, door hanger, or otherwise, in that order of preference.

If the sewage leaves private property, some form of public notification is recommended. Public notification may take the form of a news release to television, radio, and newspaper outlets in the affected area, or a similar notification effort. Further, signs should be posted as soon as possible but at least within 12 hours anywhere the public has access to any waters that are affected by the discharge. The signs must contain an appropriate warning about health risks; such as, “WARNING! This water has been contaminated with sewage. Avoid contact!” Common posting points include beaches, parks, play grounds, low water crossings, or anywhere the public can reasonably be expected to have access to, or contact with, the affected water. Posting should remain in place until bacterial testing shows the water to be safe. (All permit holders who may be subject to posting should identify posting locations in advance and have signs already prepared.)

WET WEATHER DISCHARGES

Wet weather discharges occur when infiltration and inflow into a sewer system exceeds the system’s ability to transport or treat the flow. As a result, untreated wastewater, mixed with the infiltration and inflow, can flow from the system at various locations. Large discharged volumes or discharges of long duration have the potential to contaminate a drinking water supply or expose the public to health risks. The public should be notified of all wet weather discharges.  If there are possibilities of public contact with the effected water, posting on site should be done as described for dry weather discharges. Otherwise general notices are sufficient. 

FACTORS FOR DETERMINING ON-SITE RESPONSE
By MoDNR REGIONAL OFFICE STAFF
TO A DRY WEATHER BYPASS/OVERFLOW  

In most cases, staff must consider a combination of factors to determine the level and type of response to undertake.   

Volume

Less than 1,000 gallons

1,000 to 50,000 gallons

<50,000 gallons

Location

Entering or potential to impact Waters of the State

Entering or potential to impact whole body contact waters

Contained on Facility Property

Off Facility Property, small potential to impact from Waters of State

Health

Entering or potential to impact a public use area, such as a park or beach

Entering or potential to impact a whole body contact water

Originating at a CAFO (not held in secondary containment)

Causing a fish kill

Other potential health or environmental threats

Entering or potential to impact a drinking water source or losing stream

Entering or potential to impact a cold water fishery

potential to impact outstanding state resource waters

Other

Delayed or incomplete report

Facility already in enforcement  - should coordinate with WPB Enforcement Section

Significant media or public interest

Ongoing Release

Release ended and contained

Facility has poor performance history

   

MoDNR Response ---
Staff Preparation to go into the field

In Office Activities:

1) Gather pertinent information:          

2)  Notify the following:

Note: EER staff will contact MDC of fishkills

3)  Gather Equipment:    

On Site Activities:

Sample Locations:

Sample Parameters:

*Also refer to Compliance Manual & Operations Manual

Sampling

When Sampling Should Be Done
Wet weather – typically no sampling is recommended.  There may be circumstances where MODNR staff can use their discretion to require sampling by the responsible party.

Dry weather – usually sampling is recommended.  However, it should be conducted by MODNR staff for certain circumstances.

Sampling recommendations or requiring sampling will be at the discretion of the MODNR staff responding to the event.

Who Should Sample
MODNR staff may request that the facility staff take samples and have them tested. 

At the discretion of MODNR staff, Regional Office staff takes and tests samples based on issues such as these.

Sample Locations and Test Parameters
Sample Locations:

Sample Parameters:
DO, NH3-N, Temperature, pH, Conductivity, E.coli
BOD (at a permitted outfall only)
Other parameters at the discretion of RO staff. 

SSO/BYPASS COMPLIANCE PROCESS

*Note:  Staff should also refer to the Compliance Manual

CC&P:
CC&P may involve the issuance of a Letter of Warning (LOW) or Notice of Violation (NOV).  The Department’s CC&P Policy shall be followed in accordance with Section 3 of the Compliance Manual. 
WET WEATHER SSO/BYPASS COMPLIANCE ACTIONS:
A wet weather event is the discharge of wastewater from the sanitary sewer collection system or the treatment plant that is the direct result of a storm event.

Any wet weather by-pass that causes a violation of Water Quality Standards, general or specific criteria, will result in additional actions as indicated in the Compliance Actions section below. 

COMPLIANCE ACTIONS:

LOWs
The following violations are subject to issuance of a Letter of Warning (LOW) if the overflow/bypass does not result in a violation of Water Quality Standards, general or specific criteria:

(1)  The overflow/bypass is caused by failure to implement standard operation and maintenance procedures; and/or
(2)  The overflow is due to inadequate system capacity to handle dry weather flow and the owner or operator disputes this conclusion.  If the owner or operator disputes this conclusion the Regional Office shall require submission of an engineering evaluation.
(3) Failure to report the SSO/bypass in a timely manner

Generally, if the overflow/bypass results in an on-site investigation as documented by the Department, an LOW will be issued for any violation not requiring a NOV.  However, the regional office has discretion to not issue LOWs for situations beyond the control of the facility that do not cause environmental harm or violation of Water Quality Standards General or Specific Criteria and in which they have acted responsibly in reporting and correcting the incident. 

NOVs:
The following violations are subject to issuance of a Notice of Violation (NOV)

  
EARs
An enforcement action request will be written to refer the case to Water Protection Program enforcement for these circumstances:

 (4)  Has a required response specified in rule or guidance.  This includes overflows that cause fishkills and overflows from CAFOs that are not contained in secondary structures.
(5)  In all other cases, the issuance of Enforcement Action Request will be left to the discretion of the Regional Office Directors after consideration of all pertinent factors or consultation with Water Protection Program Enforcement staff.

 

LOW

NOV

Referral

Significant health and/or environment threat

 

X

 

 

 

 

 

Required response per law

 

X

X

 

 

 

 

Dry weather – violation of water quality standards

 

X

X

Wet weather – violation of water quality standards

 

X

X

Failure to operate and maintain properly
If previously informed

X

 

X

 

X

Capacity issues
If previously informed

X

 

X

 

X

Failed to report in a timely manner
If stream impacted

X

 

X

 

If on-site investigation was done

At RO discretion

 

 

COST RECOVERY
Early in the investigation of a SSO or bypass, staff should establish a job code to track time for use in cost recovery processes. This would be for SSOs or bypasses where there is a possibility that the amount of staff time would be significant.  See Section 9.3 of the Compliance Manual for more information.


 MDNR data

Where Is Bypass Information Kept
The e-reporting system is  functional and all SSO/bypass data will be stored there. Phoned-in reports will be entered into the system by RO staff.

The SSO/Bypass reporting system is part of the Missouri Clean Water Information System on the DNR webpage at:

http://dnr.mo.gov/mosso

Previously,  ROs keep information in facility files and some offices used  separate databases to track and store information.  There was no common format or database in use, therefore searches for information from before the third quarter of 2011 will be found in these various records.

What Is Done With Bypass Data
This information can be reviewed during SSO inspections or enforcement actions.  This information can be used to direct a system to areas that need improvement – such as finding the manholes or watersheds that have the most problems. Examples of issues for which information can be sorted:

  End Chapter 14