WSSC began discussions with the U.S. Environmental Protection Agency (EPA), the Maryland Department of the Environment (MDE) and the U.S. Department of Justice (DOJ) in spring 2002 on the occurrence of sanitary sewer overflow (SSOs) in WSSC's wastewater collection system. Discussions focused on developing a comprehensive wastewater collection improvement plan to dramatically minimize, and eliminate where possible, future SSOs. Natural Resources Defense Council, Anacostia Watershed Society, Audubon Naturalist Society and Friends of Sligo Creek served WSSC with a notice of intent to sue for violations of the Clean Water Act in September 2004, prompting DOJ to file suit on behalf of EPA in November 2004.

What is a sanitary sewer system?

WSSC's sewer system is a modern sanitary, or separate, system - meaning the pipes that carry wastewater from homes and businesses to wastewater treatment plants are separate from the storm water drainage system.

How extensive is WSSC's wastewater collection system?

Serving a 1,000-square-mile area in Montgomery and Prince George's Counties, WSSC maintains approximately 5,400 miles of sewer mains and adds approximately 50 miles of new mains each year.

What is an SSO and what causes them?

An SSO is when untreated or partially treated wastewater discharges from a sanitary sewer system and can be caused by blockages, sewer pipe defects, excess flow, vandalism, and electrical disruptions at treatment plants or pumping stations. Blockages (grease, roots, debris) are the leading cause of SSOs in WSSC's system. In 2011, about 23% of the SSO blockages were caused by fats, oils or grease buildup.

How much will this cost WSSC?

Over the life of the consent decree(12 years), WSSC costs are estimated to be over $500 million in operating and capital expenditures to enhance our wastewater collection system. Thanks to our strong partnership with Federal, State and local officials, WSSC has been able to program the costs into our budget process. This settlement includes $4.4 million for environmental projects and includes a $1.1 million civil penalty.

When did the agreement take effect?

December 7, 2005.

I've also heard this called a consent decree. What is a consent decree?

A consent decree is a negotiated settlement of a lawsuit that is approved by the Court. Once approved by the Court, it becomes a Court order that must be followed. The US EPA enforces it through the Maryland Department of the Environment.

What other utilities have negotiated SSO settlements with US EPA?

Since the late 1990's, the federal government has issued consent decrees to numerous wastewater utilities for the occurrence of SSOs. Jurisdictions which have negotiated consent decrees with the federal government to resolve SSO-related matters include Baltimore City, Maryland (2002); Mobile, Alabama (2002); Hamilton County, Ohio (Cincinnati) (2002); Toledo, Ohio (2002); the Puerto Rico Aqueduct and Sewer Authority (PRASA) (2003); the Washington, D.C. Water and Sewer Authority (D.C. Water) (2003); Los Angeles, California (2004); Knoxville, Tennessee (2005); Baltimore County, Maryland (2005); Hartford, Connecticut (2006); San Diego, California (2007); Revere, Massachusetts (2010); Lexington, Kentucky (2011); St.Louis, Missouri (2011).

What are the system enhancements?

Inspecting 1,120 miles of sewer mains in five years via closed circuit television;
Inspecting 625 miles of large sewer mains (15-inch diameter +) via video and specialized tests;
Cleaning 1,540 miles of sewers in five years;
Continuing comprehensive sewer surveys in ten sewer basins in Montgomery and Prince George's counties in eight years using state-of-the-art technology to capture data on rainfall, wastewater flows, the conditions of pipes and manholes and areas where sewer mains have become exposed due to creek/stream erosion. Sewer basins include: Northeast Branch, Piscataway, Broad Creek, Beaverdam Branch and Parkway in Prince George's County; and Cabin John, Rock Creek, Little Falls, Rock Run and Watts Branch in Montgomery County;
Completing rehabilitation work identified by inspections and surveys in 10 years;
Conducting semi-annual water quality monitoring throughout both Counties;
Enhancing existing Fats, Oils and Grease Program, by physically inspecting nearly 8,000 food establishments and issuing active FOG discharge permits to the 4,900 who qualified in both counties by mid-2011. Another 1,000 will be initially inspected by June 2012 to determine their specific characteristics;
Developing computer modeling of at least 965 miles of sewer mains within five years(modeling was complete in 2007). The modeling will enable WSSC to: evaluate the present and future capacity requirements; plan sewer improvements; and make determinations regarding future development of the collection system; and
Continuing existing flow monitoring program. WSSC has 162 permanent flow monitors and 16 rain gauges that monitor flow.

What are the environmental projects? (Five-year implementation timeframe):

Enhancing existing source water protection efforts through the purchase of buffer property around WSSC's Patuxent River Reservoirs (no less than $3.29 million); WSSC has purchased three properties and obtained two conservation easements totaling over $3.39 million; this project was complete by 12/07/10;
Enhancing existing nitrogen reduction efforts in colder months (Oct. 15 - March 30) at WSSC's Western Branch Wastewater Treatment Plant (no to exceed #1.1 million); this project was complete by 03/31/07.

Will the system enhancements reduce basement backups?

Yes, reducing basement backups and developing an enhanced emergency response plan are key elements of the agreement.

Where will the work take place?

The proactive work will take place in communities throughout Montgomery and Prince George's counties -- enhancing nearly every mile of WSSC's 5,400-mile sewer system. The work is evenly divided between both counties.

Prior to the comprehensive 12-year plan, what programs and initiatives did WSSC already have in place to minimize SSOs?

WSSC has invested and will continue to invest in proactive sewer maintenance and reconstruction programs, which are designed to prevent SSOs. The Sewer Reconstruction Program is among WSSC's proactive initiatives aimed at effectively operating and maintaining our wastewater collection system. The program encompasses comprehensive sewer basin studies and sewer main, manhole and house connection reconstruction and replacement. It's important to note that WSSC has been actively implementing many of the action items in this agreement.

WSSC had a FOG program in place prior to 2007. It covered several of the necessary procedures still in place today. However, it was accomplished on a part-time basis by two inspectors and was in many cases reactionary.

Has WSSC been able to handle the additional work outlined in this agreement?

Yes. We have enhanced our organization to meet deadlines and workload requirements of the agreement.

Will my rates go up because of this consent decree?

WSSC diligently works to reduce our costs and work more efficiently. These efforts will offset a portion of the costs associated with the Consent Decree. However, we are unable to absorb the cost of all of the additional work that will be required, and, consequently, portions of our rate increases since FY 2005 were the result of the Consent Decree. The effect on future rate increases will be dependent upon the accuracy of estimated future Consent Decree costs. It's also important to note that most of the activities in the Consent Decree enhance existing preventive maintenance efforts, thereby saving money in the future.

Did WSSC hire more employees to execute the sewer enhancement plan?

Yes. WSSC hired eight additional employees to enhance our existing Fats, Oils and Grease (FOG) program.In addition, WSSC's Systems Inspection Group has hired 24 consultant inspectors and three consultant contract managers; Systems Infrastructure has added four people and has a consultant program management team of 23 to support the consent decree. WSSC continues to evaluate other positions as needed. This cost is included in the estimated investment of more than $500 million.

What is the FOG program?

In 1994, WSSC established the Fats, Oils and Grease (FOG) program to address grease discharged illegally or through improperly maintained grease abatement systems in applicable food service establishments.

Will WSSC experience future SSOs?

We are optimistic that this comprehensive plan will drastically reduce, and eliminate where possible, future SSOs.

How many SSO's did WSSC have last year?

In 2011, WSSC experienced 173 SSOs, resulting in the loss of 34,815,923 gallons. The majority of the overflow volume during 2011 was caused by excess flow and power outages.

Do other utilities experience SSOs?

Yes. In a 2004 report to Congress on the impacts of SSOs, US EPA notes that all sanitary sewer systems have the potential to have occasional SSOs. Furthermore, US EPA estimates that between 23,000 and 75,000 SSO events occur per year in the United States, discharging a total volume of three to 10 billion gallons per year.

How does WSSC compare nationally regarding SSO occurrences?

Based on a 2004 EPA report to Congress, WSSC is below the national average for sewer overflows. The national average for SSOs is 4.5 per 100 miles of sewer and 28.2 per 100,000 people. WSSC's 2011 average for SSOs is 3.2 per 100 miles of sewer and 9.61 per 100,000 people.

Are SSOs the largest source of pollutants in waterbodies?

No. In a 2004 report to Congress on the impacts of SSOs, US EPA notes other sources such as urban storm water runoff and wildlife have more significant impacts on water quality than SSOs.