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060507 Sanitary Sewer ConsentRegional Special Order of Regional Special Order of Consent for Sanitary Sewer Consent for Sanitary Sewer Overflow Reduction Overflow Reduction Virginia Beach City Council Virginia Beach City Council Meeting Meeting June 5, 2007 June 5, 2007 VA Beach Sanitary Sewer System VA Beach Sanitary Sewer System • • 400 Sewer Pump Stations 400 Sewer Pump Stations • • 1,600 Miles of Sewer Mains 1,600 Miles of Sewer Mains • • 30,000 Manholes 30,000 Manholes • • 130,000 Lateral Connections 130,000 Lateral Connections • • Cost to build today >$2 Billion Cost to build today >$2 Billion • • 40% built before 1980: clay pipe 40% built before 1980: clay pipe • • 13% built before 1970: acquired 13% built before 1970: acquired EPA/DEQ Regional Consent Order EPA/DEQ Regional Consent Order • • CWA of 1972 prohibits the discharge of CWA of 1972 prohibits the discharge of untreated wastewater –it always has untreated wastewater –it always has • • For most of the last three decades, the For most of the last three decades, the focus was on the WWTP, not sporadic focus was on the WWTP, not sporadic spills or releases from the collection spills or releases from the collection system system • • Sanitary sewer overflows (SSO’s) were Sanitary sewer overflows (SSO’s) were addressed through regulatory discretion addressed through regulatory discretion • • In mid-1990’s, EPA turned its attention to In mid-1990’s, EPA turned its attention to SSO control and reduction SSO control and reduction EPA/DEQ Regional Consent Order EPA/DEQ Regional Consent Order • • 1999-00: EPA published draft CMOM 1999-00: EPA published draft CMOM regulations (Capacity, Management, regulations (Capacity, Management, Operation and Maintenance) -currently Operation and Maintenance) -currently held-up in OMB held-up in OMB • • 2004: EPA adopted a nation-wide strategy 2004: EPA adopted a nation-wide strategy that all systems greater than 100 mgd (and that all systems greater than 100 mgd (and the municipal satellites) would be under the municipal satellites) would be under enforceable orders (federal or state) to enforceable orders (federal or state) to reduce SSO’sby fall 2007 reduce SSO’sby fall 2007 • • CWA paradox: Every SSO is a violation of CWA paradox: Every SSO is a violation of the CWA ($32,500 per occurrence), but all the CWA ($32,500 per occurrence), but all collection systems experience them collection systems experience them EPA/DEQ Regional Consent Order EPA/DEQ Regional Consent Order • • Four of the five systems in EPA Region III Four of the five systems in EPA Region III are under consent decrees (the HRSD are under consent decrees (the HRSD system was last on the list) system was last on the list) • • HRSD and the municipal satellites were HRSD and the municipal satellites were notified by DEQ and EPA in fall 2005 that we notified by DEQ and EPA in fall 2005 that we would be required to sign a consent order to would be required to sign a consent order to reduce SSO’sby fall 2007 reduce SSO’sby fall 2007 • • EPA: Any jurisdiction that did not enter into EPA: Any jurisdiction that did not enter into a consent order with the state would be a consent order with the state would be referred to DOJ for CWA violations referred to DOJ for CWA violations Positives of a Consent Order Positives of a Consent Order + + Reduce SSO’s, which protects our citizens Reduce SSO’s, which protects our citizens and the environment and the environment + + Norfolk and Chesapeake will reduce I&I. Norfolk and Chesapeake will reduce I&I. This is good for VA Beach because we share This is good for VA Beach because we share the same HRSD pipelines and WWTP’s the same HRSD pipelines and WWTP’s + + True regional cooperation –The agreement True regional cooperation –The agreement with HRSD on capacity is unprecedented with HRSD on capacity is unprecedented + + Partial shield from lawsuits and fines Partial shield from lawsuits and fines + + VA Beach is ahead of the curve VA Beach is ahead of the curve Negatives of a Consent Order Negatives of a Consent Order - - A consent order suggests poor stewardship A consent order suggests poor stewardship and failure to meet regulatory obligations and failure to meet regulatory obligations - - Unfunded mandate: Although there is little Unfunded mandate: Although there is little in the Order that VA Beach is not doing or in the Order that VA Beach is not doing or planning to do, the Order will require that it planning to do, the Order will require that it be done at a much faster pace be done at a much faster pace - - A larger CIP will mean higher sanitary sewer A larger CIP will mean higher sanitary sewer service charges (HRSD, also) service charges (HRSD, also) - - The regional order concept does not The regional order concept does not recognize that VA Beach was moving ahead recognize that VA Beach was moving ahead with CMOM and SSO reduction, on its own with CMOM and SSO reduction, on its own Regional Consent Order Mandates Regional Consent Order Mandates • • Phase 1: FY2008 to FY2012 Phase 1: FY2008 to FY2012 –Flow/Pressure Monitoring –Flow/Pressure Monitoring –Detailed Hydraulic Modeling –Detailed Hydraulic Modeling –Sanitary Sewer Evaluation Surveys (SSES), –Sanitary Sewer Evaluation Surveys (SSES), Clean, CCTV, identify and log defects Clean, CCTV, identify and log defects –Find & Fix defects identified from SSES’s –Find & Fix defects identified from SSES’s –Enhanced Operation and Maintenance (MOM) –Enhanced Operation and Maintenance (MOM) • • Phase 2: FY2013 and beyond Phase 2: FY2013 and beyond –Long-term, sustainable CIP for rehabilitation –Long-term, sustainable CIP for rehabilitation and replacement (Capacity & Deficiencies) and replacement (Capacity & Deficiencies) Consent Order Costs over 10 Years Consent Order Costs over 10 Years • • Flow/Pressure Monitoring: $4 million Flow/Pressure Monitoring: $4 million • • SSES: 50 service areas: $13 million SSES: 50 service areas: $13 million • • Find & Fix Program: $2.5 million/service Find & Fix Program: $2.5 million/service area X 50 service areas -$125 million area X 50 service areas -$125 million (based upon 22 Service areas cleaned and (based upon 22 Service areas cleaned and CCTV’din 2004-05) CCTV’din 2004-05) • • Pump Station Replace or Rehab: 75 Pump Station Replace or Rehab: 75 stations -$75 million stations -$75 million • • CIP is $5M/yr under funded in the short- CIP is $5M/yr under funded in the short- term FY08-10, $10-15M long-term FY11+ term FY08-10, $10-15M long-term FY11+ Consent Order Costs to VA Beach Consent Order Costs to VA Beach • • 2005 –City Council Authorized Rate 2005 –City Council Authorized Rate increases for FY06 thru FY10 increases for FY06 thru FY10 • • 4% per year for FY08, FY09, FY10 4% per year for FY08, FY09, FY10 • • DPU CIP: $15 M/yr 25M/yr DPU CIP: $15 M/yr 25M/yr ? ? • • Restored purchasing power eroded by Restored purchasing power eroded by inflation & provided boost to aging inflation & provided boost to aging infrastructure program which has infrastructure program which has overlaps with consent order mandates overlaps with consent order mandates Consent Order Costs to VA Beach Consent Order Costs to VA Beach • • Public Utilities does not propose additional Public Utilities does not propose additional rate increases for FY2008 rate increases for FY2008 • • Same goal for FY2009 and 2010 Same goal for FY2009 and 2010 • • Boost Sanitary Sewer CIP by $5 M/yr Boost Sanitary Sewer CIP by $5 M/yr –Redirect some highway and stormwater –Redirect some highway and stormwater coordination funds coordination funds –Transfer from retained earnings –Transfer from retained earnings • • Cost of Service Study is underway Cost of Service Study is underway • • Rate increases necessary for FY2011 and Rate increases necessary for FY2011 and beyond beyond Memorandum of Agreement Memorandum of Agreement • • MOA is an agreement between HRSD and MOA is an agreement between HRSD and the localities the localities • • We agree to implement the capacity and wet We agree to implement the capacity and wet weather management provisions of the weather management provisions of the consent order consent order • • Enforceable among the parties through Enforceable among the parties through injunction (VA Beach could force HRSD to injunction (VA Beach could force HRSD to implement its capacity improvements, and implement its capacity improvements, and HRSD could force VA Beach to reduce I&I) HRSD could force VA Beach to reduce I&I) • • Localities could enforce it against each other Localities could enforce it against each other Sanitary Sewer Ordinance Changes Sanitary Sewer Ordinance Changes to be Requested by DPU -Fall 2007 to be Requested by DPU -Fall 2007 • • Fats, Oil & Grease (FOG) reduction Fats, Oil & Grease (FOG) reduction • • Private Sanitary Sewer Systems that Private Sanitary Sewer Systems that are contributing excessive I&I are contributing excessive I&I (apartment complexes, condo’s, and (apartment complexes, condo’s, and trailer parks) trailer parks) • • Illegal private-side connections to roof Illegal private-side connections to roof drains, yard drains, etc drains, yard drains, etc Others (all less than 1%) 4% City of Virginia Beach 2 Year Sanitary Sewer Overflow by Cause Tuberculation Feb 2005 - Feb 2007 1% Other Utility Intrusion 1% Line Cave In 2% Private Problem 5% Heavy Grease (FOG) Unknown 32% 6% Sag in Line 10% Roots 12% Force Main Breaks 14% Pump Station Problems 13% Ordinance Modifications: Ordinance Modifications: Fats, Oils and Grease (FOG) Fats, Oils and Grease (FOG) • • Consent Order will require a FOG reduction Consent Order will require a FOG reduction program program • • Residential: Intensive education Residential: Intensive education • • Commercial (Restaurants, Grocery Stores, Commercial (Restaurants, Grocery Stores, Schools, Jails): Authority for an aggressive Schools, Jails): Authority for an aggressive inspection and enforcement program to inspection and enforcement program to enforce codes and regulations that are not enforce codes and regulations that are not being followed being followed Grease in a Sewer Lateral Grease in a Sewer Lateral Local Restaurant FOG Trap Local Restaurant FOG Trap Local Restaurant FOG Trap Local Restaurant FOG Trap Ordinance Modification (Cont.) Ordinance Modification (Cont.) • • Private Sewer Systems: Apartments, Private Sewer Systems: Apartments, condo’s, and trailer parks. DPU will condo’s, and trailer parks. DPU will request authority to order repairs, I&I request authority to order repairs, I&I reduction, and removal of illegal drains reduction, and removal of illegal drains Improvised Laundry Connection Sanitary Sewer Being Used for Sanitary Sewer Being Used for Yard and Roof Drainage Yard and Roof Drainage Regional Consent Order Logistics Regional Consent Order Logistics • • DEQ will issue a Special Order of Consent DEQ will issue a Special Order of Consent to HRSD and 14 local jurisdictions to HRSD and 14 local jurisdictions • • All systems but Norfolk –Norfolk already All systems but Norfolk –Norfolk already has a consent order with DEQ & HRSD has a consent order with DEQ & HRSD • • Order is essentially the same –but Order is essentially the same –but eventually, there will be differences eventually, there will be differences reflecting different circumstances reflecting different circumstances • • HRSD may also be subject to an EPA order HRSD may also be subject to an EPA order in the future in the future Consent Order Approval Timeline Consent Order Approval Timeline • • Localities approve in Localities approve in ? ? Scheduled JurisdictionApproval June June HRSD05/24/07 Poquoson05/29/07 • • Gloucester06/05/07 State register & State register & Smithfield06/05/07 comment period comment period Chesapeake06/12/07 July –August July –August Newport News06/12/07 Portsmouth06/12/07 Isle of Wight06/14/07 • • State Water Control State Water Control Williamsburg06/14/07 Board approves at Board approves at York06/19/07 Hampton06/20/07 September 2007 September 2007 Suffolk06/20/07 quarterly meeting quarterly meeting James City06/26/07 Virginia Beach06/26/07 Questions? Questions?