Frequently Asked Questions and Answers
About
The Clean Water Partnership

When did WSSC begin sewer overflow (SSO) discussions?

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 5,200 miles of sewer mains and adds approximately 55 miles of new mains each year.

What is a SSO and what causes them?

A SSO is when untreated or partially treated wastewater discharges from a sanitary sewer system and can be caused by blockages, sewer pipe defects, vandalism, and electrical disruptions at treatment plants or pumping stations. Blockages (grease, roots, debris) are the leading cause of SSOs in WSSC's system.

How much will this cost WSSC?

Over the next 12 years, WSSC will invest $350 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 anticipated the impact of this settlement and has already programmed the costs into our budget process. This settlement also provides $4.4 million for environmental projects and includes a $1.1 million civil penalty.

When does the agreement take effect?

All parties have signed the agreement. The document will be available for public review and comment in approximately two weeks. After the 30-day public review period, the agreement is finalized.

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.

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. WASA") (2003); Knoxville, Tennessee (2005); Baltimore County, Maryland (2005); and Los Angeles, California (2004).

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, including permitting and increase inspection of grease-abatement equipment in more than 5,000 food establishments in both Counties within five years;
• Developing computer modeling of at least 965 miles of sewer mains with five years. 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 120 permanent flow monitors and 11 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 ($3.3 million);
• Enhancing existing nitrogen reduction efforts in colder months (Oct. 15 - March 30) at WSSC's Western Branch Wastewater Treatment Plant ($450,000); and
• Reducing extraneous flow into the WSSC's wastewater collection system by identifying and removing private property areaway drains, gutters/downspouts and sump pumps that are improperly connected to the sewer system ($600,000).

Will this plan 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 5,200-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, 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.

Is WSSC ready for the additional work outlined in this agreement?

Yes, we are ready for the additional work and have enhanced our organization to meet deadlines and better deal with this issue.

Will my rates go up because of this consent decree?

Over the past several years, WSSC has been diligently working 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 the FY 2005 (3%) and FY 2006 (2.5%) rate increases 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, but are not expected to be significant. 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.

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

Yes. WSSC will hire nine additional employees to enhance our existing Fats, Oils and Grease (FOG) program, and will evaluate other positions as needed. This cost is included in the $350 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 restaurants and fast food establishments.

Why didn't WSSC invest this type of money into wastewater collection system improvements in the past to avoid this lawsuit?

Many of the programs outlined in this comprehensive 12-year plan were already in place. However, the required timeframes for them is faster than we had planned or budgeted for. In many cases, this agreement accelerates planned improvements.

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 2004, WSSC experienced 167 SSO's, resulting in the loss of 4.8 million gallons. The majority of the overflow volume was caused by severe weather.

Do other utilities experience SSOs?

Yes. In a recent 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 recent 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 average for SSOs is 3.6 per 100 miles of sewer and 11.6 per 100,000 people.

Are SSOs the largest source of pollutants in waterbodies?

No. In a recent 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.