Figure 2 shows the monthly SSO Volumes within the system from 2007 through 2008 reported in million gallons (MG).

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28 Annual Report January 27, 29 As required by Section XIX.B., of the pending Consent Decree, the Metropolitan Government of Nashville and Davidson County, Tennessee (Metro) has prepared the enclosed Annual Report covering the period from January 1, 28, through December 31, 28. The report includes the following information: 1. Summary of the Capacity, Management, Operation, and Maintenance (CMOM) programs implemented 2. List of projects required by the pending Consent Decree 3. Trend analysis of Sanitary Sewer Overflows (SSOs) for 27 and 28 4. Trend analysis of dry weather Combined Sewer Overflows (CSOs) for 27 and 28 Table 1 provides the summary of the CMOM programs and includes those programs that were described in Metro s CMOM Self-Assessment. The status of each program, any performance measures established for each program and a review of the actual performance are included. Table 2 provides the list of projects required by the pending Consent Decree. Also included in this table are the projects that had been previously identified in Metro s Overflow Abatement Program. Each project includes the design start and end dates and the construction start and end dates. The trend analysis for SSOs includes three graphs, each with the average rainfall from all the Metro rain gauges included. Figure 1 shows the monthly SSO Events /Causes in the Metro Nashville sewer system. This bar graph shows the number of overflows in the system as a result of the following causes: Excessive flow Blockage Repairs/Mechanical Problems Power Outage Rainfall Induced Other The increase in overflows due to rainfall in March 28, April 28 and December 28 was the result of significant rainfall during those three months. Much of that rainfall occurred during backto-back storm events (averaging between 6 and 7 inches per month, system wide). The majority of the overflows were caused by blockages from roots, grease and debris. Figure 2 shows the monthly SSO Volumes within the system from 27 through 28 reported in million gallons (MG). Figure 3 shows the monthly SSO Durations within the system from 27 through 28. The duration was a summation of the total length of time overflows were occurring within the system at all overflow locations. This data is provided in the units of overflow-equivalent-hours; meaning for each month the total number of hours could exceed the actual number of hours in a given month.

When the summation of total hours was calculated for the total overflows within the system during that time period, the result was a duration that exceeds the actual number of hours in each month. The data in Figure 2 and 3 indicates an increase in the duration and volume of overflows for the reporting period. The excessive volumes and durations in March 28, April 28 and December 28 are due to exceptional wet weather events during those three months, as discussed previously. Extreme drought conditions in calendar year 27, especially mid-year, further reduced the overflow volumes and durations for that time period, resulting in the appearance of increased overflows from rainfall in late 27 through 28. As shown in Figure 1, for the months of March 28, April 28 and December 28, there were 58, 82 and 46 rainfall induced overflows. The average rainfall as measured within the Metro system is included on both graphs to show the relationship between rainfall and the overflow events. There is not a trend analysis in this report for the dry weather CSOs as none occurred in 27 and 28.

28 Annual Report January 27, 29 Table 1 - Summary of CMOM Programs CMOM Report Section CMOM Program Recommendation Implementation Deadline Section 4, II.b. Skills Training MWS will conduct periodic testing, drills and demonstrations of competency of skills Section 4, IV. Section 4, V.d. Section 4, V.e. Section 4, V.f.vi. Section 4, V.f.x. Information Management System New Construction and Rehabilitation Inspection Acquisition Considerations Continuous Sewer System Assessment Continuous Sewer System Assessment MWS will develop and implement a process for reviewing all inspection, maintenance, operations and customer complaint records to identify recurring problems. A corrective action plan to address recurring problems that develop will be included. MWS will develop standard operating procedures for conducting construction inspections that include methods for documenting inspections and maintaining the documentation. Include training requirements for all inspectors. Other means for managing data to closeout projects will be evaluated. MWS will develop and implement standard policy for acquisition of existing sewer systems. This policy will include a plan for bringing sewer systems to MWS s requirements and standards that must be met of the design of the existing sewer before acceptance by MWS and the criteria that will be used for the determination of the financial aspects of the acquisition. MWS will develop and implement standard line condition codes (1 to 5) for use when televising sewer lines. These codes will be manually recorded on TV Inspection Reports. MWS will implement modified data entry into CMMS to allow entry of the standard sewer line condition codes from the TV Inspection Reports. MWS will evaluate the software to enter standard defect codes from guidelines in to CMMS. 7/8 Ongoing. Metro tracking all required training for skills needed to perform duties related to CMOM 1/8 All sewer service requests are compiled into a report each week and distributed to the team which meets every two weeks to assure all items are resolved. Repeat problems are identified and investigated. Next step is computer / GIS to review for patterns 6/8 Handbook is developed and will be regularly updated. 1/8 Policy has been developed. Implementation pending acquisition activity. Status Performance Measure Actual Performance In 28, targeted 28 employees for promotion if competencies demonstrated. Number of service requests received and reviewed and number resolved. All 28 employees were promoted. 1% received, reviewed, and resolved. Handbook in use. No acquisition activities have occurred in 28. 11/6 Complete No longer used, replaced by Granite XP software and PACP/MACP codes 1/7 Complete No longer used; replaced by GraniteXP software and PACP/MACP codes. 4/7 Complete Implement chosen software. Purchased GraniteXP

28 Annual Report January 27, 29 CMOM Report Section Section 4, V.f.x. Section 4, V.g. Section 4, V.h. CMOM Program Recommendation Implementation Deadline Continuous Sewer System Assessment Infrastructure Rehabilitation Program (OAP) System Capacity Assurance MWS will develop and implement standard operating procedures for all assessment practices including technical procedures for carrying out each practice and a means to ensure follow-up on information that is documented during any of the assessment practices. All current forms will be reviewed that are used to determine if the appropriate information is obtained and develop new forms as necessary. A written standard method of prioritization of all assessment practices will be developed. MWS will develop and implement a management plan to address wet weather conditions once the sewer model is completed. MWS will review and update the Wastewater Capacity Management Plan following completion of the conversion of the sewer model. MWS will complete the conversion of the sewer model into MIKE URBAN software. The Master Sewer Growth Plan will be renewed and updated every five years. Section 5 Operations MWS will develop and implement Standard Operating Procedures for critical operations programs. The SOPs shall include a means for follow-up on any items noted. Section 5, I.a.i. Section 5, I.a.iii. Section 5, I.b.i. Pump Station Monitoring Operation and Maintenance Manuals Reactive Operations The integration of HSQ and Intrac into a consolidated system will be completed. The feasibility of implementing electronic O & M manuals will be investigated. If it is determined that this is feasible, a new goal will be established for implementation. MWS will develop and implement an SOP for tracking the inventory of spare pumps for the smaller pump stations. It will be determined if tracking through CMMS is possible. 1/8 SOP's have been developed and reviewed. Prioritization matrix previously used in OAP program will continue to be used and updated with new CD program to identify any corrective action. 12/8* *will be updated by CAP/ER Program to be redefined through CAP/ER. Status Performance Measure Actual Performance Review SOP s annually. CAP/ER must be developed 24 months after date of entry. 12/8 Complete Adopt immediately after CD entered. 28 review complete. Program on track to meet deadline. On track to implement. 4/7 Complete New model in use. 12/8 Complete Update every 5 years. Completed current update. 12/8 Complete Review SOP s annually. Initial review completed. 1/7 Complete Receive 1% information on all data points. 12/7 All new facility O&M manuals will be electronic. Operating parameters and equipment at all facilities are updated as modifications are made electronically. Update all modifications/additions as completed. 1% of information has been consolidated into one system. All existing O&M manuals are categorized. 12/7 Complete Review SOP s annually. 28 review complete. Section 5, IV. Section 5, V. Fats, Oils and Grease Control Service Connection/Discon nection A mailing system will be implemented to distribute a notification to all residential customers in a specific area where FOG interference has been a problem. An English/Spanish notification is being developed currently. MWS will review current procedures for new service connections and for service disconnections to determine if the procedures need to be updated. 2/7 Complete Notifications mailed as needed. 5/7 Currently have a process for service connections and disconnections. Procedures updated recently to include new requirements for connections. Implemented as planned.

28 Annual Report January 27, 29 CMOM Report Section Section 6, II.a. Section 6, II.a. CMOM Program Recommendation Implementation Deadline Gravity Line Preventative Maintenance Gravity Line Preventative Maintenance MWS will develop a method to track the actual footage cleaned from manhole to manhole that does not include footage from multiple passes. This will provide a more accurate measure of the actual footage of the system being cleaned each year. MWS will develop goals of the actual footage to be cleaned that reflect an analysis of past CMMS cleaning data to determine the actual footage of sewers cleaned. MWS will evaluate daily goals based on 21 working days per year or 17.5 days/month, which includes estimates for the many reasons crew members would not be available. Goals will be reviewed to reflect potential improvements in planning, scheduling and record keeping, along with fundamentals of continuous improvement. Also, goals will consider that there are certain segments that require more frequent cleaning. MWS will evaluate ways to set priority on how often various groupings of sewer categories should be inspected with television. Examples, new PVC or recently lined sewers may not be inspected for another 5 to 1 years. However, clay or sewers older than 2 years or large diameter brick sewers would have priority to inspect them within the next five years. Status Performance Measure Actual Performance 1/7 Complete 4, LF/month and 2, LF/day (multiple runs) 2,37 LF/month and 1,18 LF/day (actual footage) 11/7 Complete See above for performance measure under first recommendation for this program. 1/8 Complete See above for performance measure under first recommendation for this program. 12/7 Developed for two categories; other categories being investigated for development. FY 28 39,879 LF/month (multiple runs) 1,66 LF/day (actual footage) See above for actual performance under first recommendation for this program. See above for actual performance under first recommendation for this program. Section 6, II.a. Gravity Line Preventative MWS will purchase software for TV units that will allow priorities to be entered into the CMMS. Maintenance MWS has recently purchased three new CCTV cameras to inspect and to televise the 224 miles of CSO lines and the other large diameter sewers. Three crews began using the cameras in August 26. As experience is gained and the process refined of using these cameras, MWS will develop a plan and standard operating procedures (SOP) to inspect a certain amount of large diameter sewers over a projected period of time. The CSO and large diameter sewer televising will be incorporated into the goals for sewer televising for the entire system. Section 6, II.b. Root Control MWS will consider development of a policy for resolving root intrusion in service lines with a customer 6/7 Complete 1/8 SOP for sewers up to 6 diameter complete. Gathering data for SOP and goal setting for sewers larger than 6 diameter. 1/7 Complete

28 Annual Report January 27, 29 CMOM Report Section Section 6, III. CMOM Program Recommendation Implementation Deadline Air Valve Preventative Maintenance Long-Term Control Plan MWS will develop standard operating procedures for inspection and replacement of air/vacuum valves. Section 7, II. MWS will update the Long Term Control Plan on an as needed basis. General All MWS will develop performance measures for all programs that do not have current measures in place. Status Performance Measure Actual Performance 12/7 Complete Review SOPs annually. 28 review complete. As needed. In progress. Program to be redefined through CAP/ER. 12/7 Ongoing; pertinent items developed for all items above. CAP/ER must be developed 24 months after date of entry. On track to implement

28 Annual Report January 27, 29 Table 2 Design/Construction Projects Project Number 97-SG-8-2&3 3-SC-136A Barker Road / Omohundro EQ Basin 94-SG-5F-1 91-SC-36B 9-SC-75A 5-SC-33 94-SC-5B 9-SC-15H 99-SG-9C 6-SC-188 93-SC-34T 6-SC-185 Projects required by pending Consent Decree Project Name Project Description Design Start Date Design End Date Construction Start Date Construction End Date Dry Creek Facilities Improvements to existing WWTP for optimization of 3-1-24 11-19-24 7-5-25 12-4-28 Improvements wet weather flows, solids handling, and odor mitigation Construction of a 15 MG EQ Basin and Wastewater 2-23-26 1-28 1-2-29 12-31-29 Pump Station (WWPS) for the Separate Sanitary Sewer (estimated) System Boscobel CSO Village Court 28 th Avenue North Sewer Rehabilitation Phases 1 & 2 Hurricane Creek WPS Improvements Basswood / West Park EQ Basin Washington CSO Regulator Inglewood Sewer Rehabilitation Phase 4 Hermitage Area Sewer Rehabilitation Whites Creek WWPS Disinfection / Optimization Whites Creek WWPS Design Mill Creek 36 Trunk Sewer Repair Continuation Projects from Current OAP Program Upsized CSS trunk sewer, rehabilitation of sanitary sewer, solids and floatable controls, and appurtenances 1-4-25 7-1-27 1-16-28 1-27-28 Rehabilitation of sanitary sewer system 4-6-26 8-3-27 3-15-28 12-31-28 (estimated) Replacement of pumps, controllers, and grinders at existing WWPS to improve reliability 12-1-25 1-23-26 11-12-27 9-1-28 Construction of a 1 MG EQ Basin and WWPS for the 6-21-26 1-28 1-2-29 12-31-29 Separate Sanitary Sewer System (estimated) Construction of new replacement CSO Regulator to 12-18-26 TBD TBD TBD incorporate solids & floatables control and in system storage to reduce CSOs Rehabilitation of sanitary sewer system 2-7-26 1-3-26 Calendar Year TBD 29 Rehabilitation of sanitary sewer system 8-2-26 11-1-26 Calendar Year TBD 29 Improvements to existing WWTP for optimization of 12-12-28 TBD TBD TBD wet weather flows and increased capacity of disinfection system Improvements to the Whites Creek WWPS, including a Calendar Year TBD Calendar Year TBD new WWPS and Force Main 29 21 Repair / Rehabilitation of Separated Sewer System 7-6-27 1-6-27 Calendar Year TBD 29

Figure 1 Monthly SSO Events / Causes 1 8 9 8 7 7 6 6 5 4 3 2 1 1 2 3 4 5 6 7 8 9 1 11 12 13 14 15 16 17 18 19 2 21 22 23 24 Number of Overflows (SSOs) 5 4 3 2 1 Rainfall (inches) 1/7 2/7 3/7 4/7 5/7 6/7 7/7 8/7 9/7 1/7 11/7 12/7 1/8 2/8 3/8 4/8 5/8 6/8 7/8 8/8 9/8 1/8 11/8 12/8 Total Causes / SSOs 2 11 15 15 14 11 13 5 9 14 14 15 18 16 68 91 19 6 12 8 9 19 11 61 Excessive Flow 1 1 4 Blockage 9 11 13 14 8 1 12 5 7 12 9 1 11 8 9 9 7 6 7 5 9 8 11 17 Repairs / Mechanical 2 1 1 1 1 1 1 1 Power Outage 1 1 1 2 1 1 4 1 Rainfall Induced 8 5 1 1 2 5 6 7 58 82 7 1 11 44 Other 1 1 Rain (inches) 3.48 2.3 2.34 2.79 2.67 2.65 1.34 1.1 2.42 4.48 4.29 4.7 3.76 3.2 6.6 7. 4.71 2.11 4.59 1.94 1.25 5.34 1.68 6.36

Figure 2 Monthly SSO Volumes 2.9986.6.6514.3899.825.16.418.2.424 2.898.3283.5722 1.612.923 1.9124.2.3324.115.12 6.3922.3 54.1572 88.4231 61.8396 1 9 8 7 6 5 4 3 2 1 1/7 3/7 5/7 7/7 9/7 11/7 1/8 3/8 5/8 7/8 9/8 11/8 Month 8 7 6 5 4 3 2 1 Volume (MG) Rainfall (inches) Volume (MG) Rainfall (inches)

Figure 3 Monthly SSO Durations 6.67 3.55 4.25 37.6 29.75 4.98 39.22 12. 31.55 61.34 41.84 45.33 88.91 64.89 78.95 15.5 35. 16.67 23.5 127.51 19.6 663.72 1,783.33 715.8 2, 1,8 1,6 1,4 1,2 1, 8 6 4 2 1/7 3/7 5/7 7/7 9/7 11/7 1/8 3/8 5/8 7/8 9/8 11/8 Month 8 7 6 5 4 3 2 1 Duration (overflow equivalent hours) Rainfall (inches) Duration (overflow equivalent hours) Rainfall (inches)