Metropolitan St. Louis Sewer District PRIVATE INFILTRATION and INFLOW REDUCTION PROGRAM

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1 PRIVATE INFILTRATION and INFLOW REDUCTION PROGRAM October 27, 2012

2 TABLE OF CONTENTS 1.0 INTRODUCTION PROPOSED REMEDIAL ACTION PLAN IDENTIFICATION AND CORRECTION OF PRIVATE LATERAL SOURCES Inflow Infiltration SUMMARY OF ENFORCMENT ACTIONS ABANDONMENT REGULATION EVALUATION CONCLUSION... 5 LIST OF APPENDICES APPENDIX A: ABANDONMENT REGULATION EVALUATION

3 1.0 INTRODUCTION A Consent Decree between the United States of America, the Missouri Coalition for the Environment Foundation and Metropolitan St. Louis Sewer District ( MSD ) in the matter of The United States et al. v. The Metropolitan St. Louis Sewer District, No. 4:07- CV-1120 (E.D. Mo.) has been entered with an Effective Date of April 27, Under the Consent Decree, MSD has agreed to make extensive sewer system infrastructure improvements to reduce overflows of untreated raw sewage. These infrastructure improvements will include projects for the elimination of infiltration and inflow ( I/I ) sources that cause or contribute to capacity-related sanitary sewer overflows ( SSOs ) and Building Backups. MSD has prepared this document to comply with paragraphs V.J.39, V.J.40, V.J.41 and V.J.42 of Consent Decree Case No. 4:07-CV-1120-CEJ. The submission date of this Private Infiltration and Inflow Reduction Program document, as noted on the cover page, is within six months of the Consent Decree Effective Date. This document includes the following: Proposed Remedial Action Plan (satisfies Consent Decree requirement V.J.39) Identification and Correction of Private Lateral Sources (satisfies Consent Decree requirement V.J.40) Summary of Enforcement Actions (satisfies Consent Decree requirement V.J.41) Abandonment Regulation Evaluation (satisfies Consent Decree requirement V.J.42) 2.0 PROPOSED REMEDIAL ACTION PLAN Pursuant to Consent Decree requirement V.J.39, MSD is submitting this Proposed Remedial Action Plan to address prohibited discharges of storm waters, surface waters, ground waters, roof runoff, and excessive I/I to the sanitary sewer system. This plan has been developed after considering MSD obligations under the Consent Decree and comments received during public presentation of this plan prior to submittal. The Proposed Remedial Action Plan consists of three parts: 1. Removal of private I/I sources from the sanitary sewer system that do not include sources from private laterals or connections to those laterals (i.e. private stormwater only inlets connected to MSD s sanitary sewer system). MSD s authority and plans to address these situations are described under Section 4.0 Summary of Enforcement Actions below. 2. Removal of I/I from a private lateral or other connections to that lateral that is a major source of I/I that causes or contributes to a capacity-related sanitary sewer 1

4 overflow ( SSO ) or Building Backup from the sanitary sewer system. The actions to be taken are described under Sections 3.0 Identification and Correction of Private Lateral Sources and 4.0 Summary of Enforcement Actions below. 3. Removal of inflow from a private lateral or other connections to that lateral that is not a major source of I/I that causes or contributes to a capacity-related SSO or Building Backup from the sanitary sewer system. MSD s authority and plans to address these situations are described under Section 4.0 Summary of Enforcement Actions below. To incentivize the cost-effective removal of private inflow sources under parts 2 or 3 when removal is found to be necessary or appropriate under the applicable provisions of the Sewer Use Ordinance No , MSD will offer a program to private property owners to either compensate them for the use of a licensed plumber or for MSD to hire a plumber at the request of the property owner for the removal of private inflow sources to the satisfaction of MSD. The removal of these private inflow sources will be confirmed by MSD in cooperation with local code enforcement entities. This program will be advertised and be made available to the public whether or not their property has been previously identified as a private inflow source by MSD. 3.0 IDENTIFICATION AND CORRECTION OF PRIVATE LATERAL SOURCES Pursuant to Consent Decree requirement V.J.40, MSD will identify and correct where a private lateral or other connections to that lateral that is a major source of I/I that causes or contributes to a capacity-related SSO or Building Backup from the sanitary sewer system. MSD will regularly review the laterals that have been found since the last review to be sources of private I/I and determine whether or not these sources are a major source of I/I that cause or contribute to a capacity-related SSO or Building Backup from the sanitary sewer system. 3.1 Inflow If the private lateral or other connections to that lateral are determined by MSD from the MSD review to be major sources of inflow that cause or contribute to a capacity-related SSO or Building Backup from the sanitary sewer system, the property owner will be notified within 60 days of that determination that actions must be taken to correct this situation. The property owner will be notified that MSD will take one of the two following actions: 2

5 1. Removal as part of a capital project- The property owner will be notified that a capital project is scheduled in their area that includes the removal of private inflow sources from their property, the scope and approximate start date of that project, and that the work will be performed at no cost but that the property owner must sign a release allowing the private inflow source to be corrected as part of that capital project. The property owner will also be notified that if they do not sign a release to allow the private inflow source to be removed, MSD will take appropriate actions as allowed by the applicable sections of Article VI of the Sewer Use Ordinance No to address the private inflow source. However, in no case will the connection be allowed to remain for more than 6 months following the completion of the capital project. 2. Removal as requested by property owner- The owner will be notified that prior to the start of the capital project, the property owner may choose to hire a plumber to remove the private inflow source with all approved costs paid for by MSD or have MSD hire and pay for the cost of a plumber to remove the private inflow source prior to the start of a capital project. 3.2 Infiltration If there are determined to be major sources of infiltration that cause or contribute to a capacity-related SSO or Building Backup from the sanitary sewer system, the property owner will be notified within 60 days of that determination that actions must be taken to correct this situation and notify the appropriate sewer lateral insurance program if available. The property owner will be notified to remove these sources of infiltration within six months or MSD will take actions as allowed by the applicable sections of Article VI of the Sewer Use Ordinance No to address the private infiltration source. 4.0 SUMMARY OF ENFORCMENT ACTIONS Pursuant to Consent Decree requirement V.J.41, all of the enforcement actions outlined above in Section 2.0 Proposed Remedial Action Plan will result in compliance with applicable sections of Sewer Use Ordinance No MSD s enforcement options for private I/I sources are listed primarily in Article VI, Section 1 of the Sewer Use Ordinance. Paragraph A lists 14 control alternatives that MSD, through its Executive Director, may implement. Paragraph B describes the issues to be considered when determining the appropriate control alternatives, if any, that must be taken. Specifically, the ordinance states When considering the above alternatives, the Director shall ensure that the District is in compliance with all State and Federal requirements and limitations. The Director shall also take into account the cost effectiveness, economic impact of each alternative on the user and the District, and any other factors relevant to the situation. 3

6 How each of the control alternatives for each part of the plan is used is determined by the considerations the Executive Director shall make as listed in Article VI, Section 1, Paragraph B of Sewer Ordinance No These considerations result in the application of the Sewer Use Ordinance for each of the three parts of the plan as follows: 1. Removal of private I/I sources from the sanitary sewer system that do not include sources from private laterals or connections to those laterals- Situations such as these vary from backyard area inlets that are directly connected to the separate sanitary sewer system and thus discharge significant quantities of stormwater to the separate sanitary sewer system to basement entry stairs that collect very little stormwater from direct rainfall only and discharge very little stormwater via a direct connection to the separate sanitary sewer system. MSD will evaluate each situation against the applicable criteria in the sewer ordinance and either take one of the 14 actions listed in Article VI, Section 1 of Sewer Ordinance No or take no action as appropriate. 2. Removal of I/I from a private lateral or other connections to that lateral that is a major source of I/I that causes or contributes to a capacity-related SSO or Building Backup from the sanitary sewer system- The method for correction of these instances, for both inflow and infiltration, is outlined above in Section 3.0 Identification and Correction of Private Lateral Sources. The plan as described meets both the requirements of paragraph 40 of the Consent Decree and the District s obligations under the Sewer Use Ordinance. 3. Removal of inflow from a private lateral or other connection to that lateral that is not a major source of I/I that causes or contributes to a capacity-related SSO or Building Backup from the sanitary sewer system- These situations are similar to those as identified in item #2 above, however they do not fall under the requirements described in paragraph 40 of the Consent Decree. MSD will evaluate each situation against the applicable criteria in the sewer ordinance and either take one of the 14 actions listed in Article VI, Section 1 of Sewer Ordinance No or take no action as appropriate. 5.0 ABANDONMENT REGULATION EVALUATION Pursuant to Consent Decree requirement V.J.42, MSD has evaluated its Abandonment of Sanitary Sewer Services in the document entitled MSD Rules and Regulations and Engineering Design Requirements, February 2006, with regards to whether the regulation is sufficient to reduce effectively ongoing I/I following the abandonment of a lateral that may cause or contribute to a capacity-related SSO or Building Backup from the sanitary sewer system. This evaluation is submitted and is part of this Private Infiltration and Inflow Reduction Program document, and within six months of the Consent Decree Effective Date. 4

7 The MSD regulation states: Abandonment of Sanitary Sewer Services Sanitary sewer laterals, from buildings to be demolished, shall be plugged with concrete at the foundation wall or at the last trap leaving the building. The District need not be notified unless the lateral is being cut off or plugged at the main sewer. A detail must be provided. By conducting this evaluation, MSD has reviewed and taken the following items into consideration: Actual I/I impacts to the sanitary sewer system identified by extensive sewer system evaluation survey ( SSES ) studies performed within MSD; Known or extrapolated statistics regarding the number of building demolitions and lateral abandonments typically performed within MSD separate sewer system annually; and abandonments or lateral removals that lead to reconnection to the sewer system or redevelopment of the sight resulting in more favorable I/I reduction; Additional building demolition code requirements of other jurisdictional agencies within MSD. Detailed documentation for each of these items is provided in Appendix A. The result of this evaluation, supported by the documentation provided, shows that the current MSD regulation regarding the abandonment of sanitary sewer services, both by method and abandonment location, is sufficient in effectively preventing excess I/I that would contribute to capacity-related SSOs or Building Backups. Any additional regulations or requirements beyond this would most likely be seen as duplicative, costly and unnecessary to existing municipal jurisdictional requirements also in place. 6.0 CONCLUSION MSD has provided the information contained in this Private Infiltration and Inflow Reduction Program document to comply with paragraphs V.J.39, V.J.40, V.J.41 and V.J.42 of Consent Decree Case No. 4:07-CV-1120-CEJ. This information represents the most current Private I/I remedial actions developed by MSD at the time of this submittal. MSD will begin implementation of these remedial actions on October 27, 2012, six months from the Effective Date of the Consent Decree. In the months of August and September 2012, MSD scheduled 6 meetings to discuss this proposed program with representatives of municipalities identified as being the most impacted by this proposed program. MSD also offered to hold additional meetings with municipal representatives as requested. MSD presented the proposed program and 5

8 discussed how the program would be communicated once implemented. These meetings were very informative. Attendees offered information on ways to communicate with the residents and municipalities as the program s progress. Attendees also offered opportunities for MSD to work with municipalities in making this program successful. The biggest issue identified during this meeting was to make sure that the additional overland stormwater discharges resulting from the removal of private inflow sources discharging to the separate sanitary sewer system were considered in all remedial actions. Once the Program is implemented, MSD will continue efforts to coordinate with these public entities and the public regarding prohibited discharges of storm waters, surface waters, ground waters, roof runoff and excessive I/I to the separate sanitary system. MSD anticipates refinement and revision to the remedial action approach as the Private Infiltration and Inflow Reduction Program is implemented. MSD will have documentation on the most current Private I/I remedial actions readily available for the EPA review. MSD will continue to keep updated information regarding this Plan on its website as appropriate. 6

9 APPENDIX A: ABANDONMENT REGULATION EVALUATION Appendix A below provides detailed documentation to support MSDs evaluation of its Abandonment of Sanitary Service Rules and Regulations pursuant to Consent Decree paragraph V.J.42. Extensive System Investigation Results: Since 2003 MSD has been performing extensive SSES investigations of its sanitary sewer system, the extents of these investigations are as follows: Completed investigations and smoke testing of approximately 3,606 miles of sanitary sewers which is approximately 75% of the sanitary system, or 164,000 tributary acres which accounts for approximately 60% of the sanitary sewer area; Inspected approximately 94,000 manholes; Identified approximately 190,000 public and private defects; Of the 190,000 defects, approximately 10,000 were private lateral defects, or approximately 5%; Of the 10,000 private lateral defects a total of 42 abandoned lateral defects were identified (.42% of all lateral defects), 26 of those identified were located all in one area of demolished homes near an Airport abatement area in which the main line sewers were to be abandoned as part of the project and this had not been accomplished at the time of the investigation. The remaining private lateral defects were located in different areas, primarily where buildings were demolished decades ago. None of these defects were identified as significant sources of I/I. These investigations reveal that I/I defects from abandoned laterals is very limited and relatively insignificant compared to public defects (including manhole defects, mainline defects, and cross connections with storm sewers) and the connection of private drains (including downspouts and area drains from private laterals) to the separate sanitary system. Demolition Statistics: MSD has collected known and projected data from St. Louis County Department of Public Works and various municipalities regarding the number of building demolitions performed over the previous five years. The following information is known or was obtained: MSDs Separate Sanitary Sewer area is primarily located within the County of St. Louis, MO and 90 individual municipalities. A minor portion of 22

10 municipalities and St. Louis County are part of the combined sewer system which primarily serves St. Louis City, a separate entity from St. Louis County. St. Louis County performs general permitting (including demolition permitting) for 70 of the 90 or 78% of municipalities it serves. The remaining municipalities are the larger municipalities that have internal resources to adequately administer effective permitting programs. From data obtained or extrapolated from St. Louis County and various municipalities there have been an average of 340 demolition permits issued per year over the past five years, ranging from per year, and projecting a similar number for 2012 would equate to approximately 2000 demolitions over that period representing approximately 0.5% of the total connections to the MSD sanitary sewer system. A review of MSD records indicates that over the same period MSD issued or will issue approximately 840 permits for reconnection (disconnect/reconnect permits) to the MSD sanitary sewer system, which generally indicates that 42% of the demolition performed resulted in the construction of a new structure. The analysis of these demolition statistics indicates the relative impact on building demolition, sewer lateral abandonment, and potential resulting I/I on the system is minimal with respect to the extensiveness of the system. Provided with the statistics of demolitions leading to new construction and current jurisdictional plumbing ordinances (to be discussed later in this document) typically leads to favorable reduction in I/I sources to the system. Jurisdiction of Lateral sewers and connections: Private laterals and connections used to convey sewage to the MSD sanitary sewer system are considered private and are owned by the individual property owner it serves. MSD has provided data with regard to the jurisdiction of these private laterals below along with specific code requirements related to these laterals: Laterals are owned by the individual private property owner/owners and are governed locally by the individual agencies of jurisdiction. These agencies are specifically St. Louis County Department of Public Works or the individual municipality it is located within. The structures connected to these laterals are additionally governed locally by the individual agencies of jurisdiction. This includes jurisdictional control of land use, development, construction, and demolition, etc. performed on the property. As stated previously St. Louis County performs general permitting (including demolition permitting) for 70/90 or 78% of municipalities it serves. The remaining municipalities are the larger municipalities that have internal resources to adequately administer effective permitting programs.

11 St. Louis County currently requires as part of its demolition permitting process, separate permits for utility disconnects, including sewer. The sewer disconnect (plumbing) permit is required for each demolition and is subject to St. Louis County plumbing codes, ordinances and inspections. Plumbing Permit is required to be obtained by a licensed plumber or licensed drainlayer within St. Louis County. Disconnection sign-off is required prior to any demolition permit being issued. The current plumbing code currently in place is the 2009 Uniform Plumbing Code, this code or versions have been adopted by most of the municipalities within the St. Louis County. The Uniform Plumbing code specifically states (section 722.1) that Every abandoned building (house) sewer, or part thereof shall be plugged or capped in an approved manner within five (5) feet of the property line. It has been slightly amended by Ordinance of St. Louis County to read, Every abandoned building (house sewer, or part thereof shall be plugged or capped in an approved manner at the connection to the sewer main or at a location acceptable to the Authority Having Jurisdiction. The local jurisdictional permitting and inspection requirements for private sewer lateral abandonments outlined above, both by method of abandonment and location of abandonment, provide adequate and effective regulation in preventing I/I following the abandonment of a lateral that may cause or contribute to a capacity-related SSO or Building Backup from the sanitary sewer system.

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