Pathogens TMDL and CSOs: NY/NJ Baykeeper Water Quality Symposium NJ Meadowlands Commission May 2, 2012

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1 Pathogens TMDL and CSOs: Perspectives from a Regulated Entity Ashley T. Slagle PVSC NY/NJ Baykeeper Water Quality Symposium NJ Meadowlands Commission May 2, 2012

2 NJ CSO Long Term Control Planning NJDEP s last CSO General Permit required studies of technologies and their hicosts for various levels l of CSO pathogen load reduction CSO Load Reductions will be determined by the Pathogens TMDLStudy New Permits will be issued to mandate Long Term Control Plans that will meet the required Load Reductions

3 CSO Long Term Control Planning USEPA Office of Enforcement and Compliance Assurance (OECA) has been conducting inspections in the Region USEPA s OECA is looking to enforce CSO Long Term Control Planning in this Region NY/NJ last EPA Region to implement LTCPs EPA s CSO Compliance Mechanism is to issue Consent Orders with Schedules and Fines $$$

4 NY/NJ Harbor Pathogens TMDL EPA, NJDEP and NYDEC performed a NY/NJ Harbor Wide Pathogens Strategies Assessment for the purpose of developing a TMDL TheAssessment indicated that all NY/NJ Harbor Waters met primary recreational standards with theexception exception of the Passaic and Hackensack Rivers

5 CSOs Discharging to Complying Waterbodies Bayonne, Edgewater, Elizabeth, Fort Lee, Guttenberg, Hoboken, Jersey City (except Hackensack), North Bergen (Hudson R.), Union City,Weehawken, West New York Netting of floatables No Dry Weather Bypasses Maximize Wet Weather Flow to Treatment Plant Document toperations and Mit Maintenance

6 Passaic and Hackensack TMDLs E. Newark, Hackensack, Harrison, Jersey City, Kearny, Newark, North hbergen, Paterson, Ridgefield Park 10% Reduction of Pathogens Loads from Stormwater 87% Reduction in CSO Loads for the Passaic River 40% Reduction in CSO Loads for the Hackensack kriver Cost = $2 Billion

7 NJHDG Long Term Ambient Water Quality Monitoring Program Started in Sites Passaic River, Hackensack River, Newark Bay, Arthur Kill, Raritan River, Raritan Bay, Hudson River, and tributaries 18 conventional WQ parameters Including Fecal Coliform (2004), Enterococcus (2007), and E.coli (2011) Weekly sampling in summer (May Sept) Monthly sampling in winter (Oct Apr)

8 Dry Weather Background Investigations Separated bacteriological data by WET vs. DRY weather samples Data shows that bacteriological data in DRY weather exceeds the proposed Primary Contact standards for the TMDL: (Enterococcus Seasonal Geometric Mean 35/100mL)

9 Dry Weather Background Investigations Summer 2010 Extended bacteriological sampling upriver of CSOs on Passaic River and Pompton River DRY weather data in upstream reaches of Passaic/Pompton Rivers also exceeds the proposed primary contact standards for the TMDL DRY weather background sources of bacteria present NOT taken into account in EPA TMDL Report

10 Need for Background to be Included in TMDL Development for Pathogens EPA Pathogens TMDL Report does not take dry weather background dlevels l of pathogens into account EPA regulations and guidance need to account for background / upstream / non point sources (NPS) in TMDLs for pathogens EPA s implementing regulations for TMDLs (40 CFR 130 Water Quality Planning and Management) define TMDLs to include contributions from natural background and NPS as part of the Load Allocation NJ Administrative Code adopts these federal requirements and explicitly itl includes Load dallocations from NPS, including natural background

11 Dry Weather Background Levels in Pathogens TMDL Calculations The fact that there ARE significant background sources present shows that the problem is bigger than just CSOs

12 Dry Weather Background Levels in Pathogens TMDL Calculations With NO Background and 10% reduction in stormwater (SW), Passaic River requires 87% reductionincsos in to meet Primary Contact Standards With Background included and 10% reduction in SW, Passaic River requires 293% reduction in CSOs to meet Primary Contact Standards

13 % CSO Reductions Necessary to Attain Primary Contact Standards ANALYSIS WITHOUT BACKGROUND ANALYSIS WITH BACKGROUND Hackensack Lower Passaic Hackensack Lower Passaic MZ 15 MZ 16 MZ 15 MZ 16 Dry Weather Sources CSO SW TOTAL Total 3%SW Total 10%SW Target Percent CSO Reduction (3% SW) 44% 91% 50% 298% Percent CSO Reduction (10% SW) 40% 87% 46% 293% If Dry Weather Sources AND additional Stormwater Sources are not addressed in the Lower Passaic River, ATTAINMENT OF PRIMARY CONTACT STANDARDS WILL NOT BE POSSIBLE WITH CSO REDUCTIONS ALONE

14 Dry Weather Background Levels in Pathogens TMDL Calculations When background sources are included in the calculations, the lower reaches of the Tidal Passaic River appear to be suitable for Secondary Contact twhen calculated l with Seasonal Geometric Means However, the upper reaches of the Tidal Passaic River cannot meet Secondary Contact standards without substantial reductions in dry weather background pathogen levels and additional SW reductions

15 NEXT STEPS Dry Weather Background Information and data on Dry Weather Background Sources is being shared with NJDEP for consideration in issuing and implementing a Pathogens TMDL PVSC strongly recommends additional sampling and studies to determine sources (wildlife, birds, illicit sewer connections) in order to improve water quality in the Passaic River Basin

16 PVSC Plan: Increased Wet Weather Flow Capacity PVSC proposes to increase wet weather flow capacity to a maximum of 720 Million Gallons per Day (MGD) Will reduce Summer Season Pathogen loads from CSOs to the Passaic River by ~66% Added benefit: PVSC will be able to treat sanitary waste from homes AND stormwater carrying various types of NPS Pollution (fertilizers, oil/grease, etc.) at full Secondary Treatment

17 Current Wet Weather Flow Volume Captured at the Treatment Plant CSO Volume Captured Wet Weather Volume Sanitary Volume

18 Proposed Wet Weather Flow Volume Captured at the Treatment Plant CSO Volume Additional Volume Captured Captured Wet Weather Volume Sanitary Volume during Wet Hours

19 Questions? Ashley T. Slagle