U.S. Attorney and EPA Announce Settlement with City of Gloucester

Press release:

News Release
U.S. Environmental Protection Agency
New England Regional Office
August 23, 2012

Contact:    U.S. EPA: David Deegan, (617) 918-1017
                  U.S. Attorney’s Office: Christina DiIorio-Sterling, (617)748-3356

U.S. Attorney and EPA Announce Settlement with City of Gloucester
Settlement Ensures that Gloucester Continues to Improve Treatment Plant and Addresses Sewer Overflows

(Boston, Mass. – Aug. 23, 2012) – Under the terms of a modified Consent Decree lodged in federal court today, the City of Gloucester will upgrade its sewage treatment plant and work to stem overflows from its sewer system.  The modified Consent Decree stems from a federal enforcement action brought by the U.S. Department of Justice, on behalf of the U.S. Environmental Protection Agency, and the Office of the Attorney General of Massachusetts, on behalf of the Department of Environmental Protection.

United States Attorney Carmen Ortiz said, “Compliance with the federal Clean Water Act is critical for the health and safety of the citizens of our Commonwealth.  I am pleased that the City of Gloucester agreed to this modified Consent Decree, which will continue to improve the water quality in Gloucester Harbor.”

“This settlement should keep the City of Gloucester on the right track,” said Curt Spalding, regional administrator of EPA’s New England region.  “Directing more concentrated efforts at maintaining treatment facilities and increasing cooperation between city departments will better protect Gloucester’s vital coastline.”

“We are pleased that the City of Gloucester will be taking steps necessary to protect its historic harbor and beaches,” said Attorney General Martha Coakley.  “These measures are crucially important as we work to ensure that our waters continue to be an invaluable resource for our coastal communities and the Commonwealth.”

Gloucester’s existing primary Treatment Plant is nearly 30 years old, and while the City has recently completed important upgrades, the system is in need of additional repair and rehabilitation to meet the terms and conditions of the current discharge permit.  Maintenance has been inadequate and parts have not been replaced in a timely manner.  These problems have resulted in discharges of poorly treated sewage in violation of the City’s permit.  Under the Consent Decree, the City will address these problems.

Gloucester’s combined sewer system is designed to collect stormwater runoff, domestic sewage and industrial waste water in the same pipes and convey these wastewaters to the Treatment Plant.  The City’s system also includes several combined sewer overflow (CSO) outfalls, which discharge untreated wastewater when flows exceed the system’s capacity, typically during significant wet weather events.  The City’s CSO discharges violate the provisions of the Clean Water Act, and the Massachusetts Water Quality Standards.  The City initially developed a long-term CSO control plan in 2005.  The Modified Consent Decree replaces the 2005 CSO control plan, with a new, more cost-effective approach to mitigate and in some cases eliminate CSO discharges.  Implementation of this work will serve to improve water quality at Pavilion Beach and in Gloucester Harbor.

The City’s NPDES permit, however, does not allow overflows during dry weather.  Dry weather discharges occurred in Gloucester when there was still capacity in the system because the City did not pay close enough attention to operating the system.  The City has addressed the dry weather overflows and will work to minimize wet-weather other overflows under the Consent Decree.  Because of the City’s financial condition, the consent decree modification does not impose a penalty for the violations leading to this action. 

More information: The Consent Decree, lodged in the U.S. District Court for the District of Massachusetts, is subject to a 30-day public comment period and approval by the federal court.  Once it is published in the Federal Register, a copy of the consent decree will be available on the Justice Department Web site at http://www.usdoj.gov/enrd/Consent_Decrees.html

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City of Wapato’s sewage treatment plant cited for exceeding ammonia levels and operating without a water discharge permit

City of Wapato’s sewage treatment plant cited for exceeding ammonia levels and operating without a water discharge permit

Contact: Derek Schruhl, EPA NPDES Compliance Unit, 206-553-1146, schruhl.derek@epa.gov; Tony Brown, EPA Public Affairs, 206-553-1203, brown.anthony@epa.gov

(Seattle—March 29, 2012) The City of Wapato, Washington will pay a fine for excess pollution discharges from its municipal sewage treatment facility in violation of its Clean Water Act permit, according to an agreement with the U.S. Environmental Protection Agency.

The City’s wastewater treatment facility provides secondary treatment of wastewater prior to discharge to the Yakima River. The violations took place on Yakama tribal land, but the facility is not tribally-owned.

The treatment facility exceeded levels of ammonia in its National Pollutant Discharge Elimination System permit more than 431 times between 2006-2010. Ammonia constituted the majority of the violations. The Facility also discharged without permit between June 2010 and September 2011. The City will pay a fine of $57,000.

“Pollutant discharge limits safeguard our waterways against environmental harm,” said Kimberly Ogle, NPDES Unit Manager at EPA’s Seattle office. “Facilities have a responsibility to stick to approved levels. The City of Wapato is working with EPA to come into compliance.”

Ammonia occurs naturally and is also produced by human activity. Exposure to high levels of ammonia can cause irritation and serious burns on the skin and in the mouth, throat, lungs, and eyes. Ammonia and heavy metals like zinc and copper, even in small amounts, can be highly toxic to aquatic organisms, including fish.

For more information about NPDES, visit: http://cfpub.epa.gov/npdes/

EPA Orders Buffalo Sewer Authority to Reduce Water Pollution

EPA Orders Buffalo Sewer Authority to Reduce Water Pollution in Niagara River

Four Billion Gallons of Sewage and Wastewater Pollutes Niagara River and Tributaries Every Year

Contact: Mike Basile (716) 551-4410; basile.michael@epa.gov

(New York, N.Y. – March 15, 2012) The U.S. Environmental Protection Agency has ordered the Buffalo Sewer Authority in Buffalo, New York to comply with federal Clean Water Act requirements for combined sewer systems to protect people’s health and water quality. Combined sewer systems carry domestic sewage, stormwater runoff and industrial wastewater in the same pipes. During periods of heavy rain, they can overflow and send untreated sewage and toxic materials into local waters. The Buffalo Sewer Authority violated its environmental permit issued by New York State Department of Environmental Conservation, which required it to submit a plan on how the city would reduce the amount of sewage and other pollutants that flow out of 52 combined sewer points into the Niagara River and its tributaries.

“Sewage Pollution in the Niagara River is degrading water quality and having a direct effect on the quality of people’s lives,” said Judith A. Enck, EPA Regional Administrator. “Local fish are inedible and people can’t enjoy recreational water sports or local parks because of sewage odors. Buffalo has made improvements to its combined system in recent years, but much more must be done to protect people’s health and water quality.”

“This Order is an important step to improve the water quality of the Niagara River and to help with the economic revitalization of the City of Buffalo. We look forward to receiving the Authority’s Long-Term Control Plan to reduce CSO discharges. We expect this plan will include green infrastructure projects that will help restore the health of the river,” said DEC Commissioner Joseph Martens.

“This Order is an important step to improve the water quality of the Niagara River and to help with the economic revitalization of the City of Buffalo,” said DEC Commissioner Joe Martens. “We look forward to receiving the Authority’s Long-Term Control Plan to reduce CSO discharges. We expect this plan will include green infrastructure projects that will help restore the health of the river.”

During periods of heavy rainfall or snowmelt, the volume of wastewater in a combined sewer system can exceed the capacity of the sewer system or wastewater treatment plant. When this happens, combined sewer systems overflow and discharge excess wastewater directly to nearby water bodies. These overflows contain not only stormwater, but also untreated human and industrial waste, toxic materials and debris. It is estimated that Buffalo’s combined system contributes almost four billion gallons of combined sewage overflow to the Niagara River and its tributaries each year.

Under its current state-issued permit, the Buffalo Sewer Authority discharges from its wastewater treatment plant outfalls and from combined sewer overflow points into the Niagara River, Black Rock Canal, Erie Basin, Buffalo River, Scajaquada Creek, Cazenovia Creek and Cornelius Creek. The Buffalo Sewer Authority's 1999 permit required it to develop a Long Term Control Plan, to manage its combined sewage. Long Term Control Plans generally call for system characterization, the development and evaluation of alternatives, and the selection and implementation of controls that reduce water pollution. The plans must consider the costs and effectiveness of reducing the number of overflows and the amounts discharged, as well as water quality improvements. The plans are part of a phased approach for the control of combined sewer overflows that will ultimately meet state water quality standards for the local water bodies.

The Buffalo Sewer Authority was required to submit its plan to reduce sewage discharges by July 1, 2001. The NYSDEC reissued and modified the discharge permit, giving the Buffalo Sewer Authority more time to submit its plan. The authority submitted a plan in July 2004, which was 3 years ate and inadequate.

The legal order issued by the EPA requires the Buffalo Sewage Authority to submit to DEC and EPA by April 30, 2012 an approvable Long Term Control Plan that proposes sewer system improvements to ensure that combined sewer overflows comply with technology and water quality-based requirements. The Buffalo Sewer Authority could face penalties if it does not comply with the order.

The EPA order also requires the Buffalo Sewer Authority to develop a financial plan that addresses project, capital and costs and to detail a strategy to meet water quality standards. The projected cost of the Buffalo Sewer Authority’s implementation of an approvable Long Term Control Plan could be as much as $500 million dollars over 15 years, depending on the alternatives chosen for implementation.

EPA and DEC are encouraging the Buffalo Sewer Authority to incorporate green infrastructure projects such as increased open space, rain barrels and rain gardens, permeable pavements and sidewalks, green roofs and urban trees into its plan. Using green infrastructure helps reduce the amount of combined sewer overflows by stopping runoff pollution at its source. Many of these methods have the added benefit of improving urban quality of life, lowering heating and cooling costs and improving air quality.

For more information about combined sewer overflows and to read a recent EPA report on the issue, visit

http://www.epa.gov/region2/water/sewer-report-3-2011.pdf

Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and Facebook at http://www.facebook.com/eparegion2.

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News Release from EPA Region 2

EPA Funding Available for Study of Raritan River in NJ

Contact: Mary Mears (212) 637-3673; mears.mary@epa.gov

(New York, N.Y. – March 13, 2012) The U.S. Environmental Protection Agency is encouraging applications for $100,000 in funding to study contaminated sites and other sources of pollution that are impacting water quality in the lower and middle Raritan River. This funding is part of an EPA Raritan River Initiative, which will support the analysis of existing data to enable environmental agencies, institutions, community groups and local governments to identify data gaps, plan future research and make other environmental decisions.

The Raritan River runs from west of Somerville, N.J. into the Raritan Bay. The river and the surrounding watershed is home to over one million people, providing drinking water, transportation and recreation opportunities and important habitat for wildlife. The watershed is impacted by many sources of pollution, including contaminated sites, industrial facilities and sewage treatment systems. While there is sampling data collected within the Raritan River watershed, this information is fragmented.

“This funding demonstrates the EPA's continued commitment to a cleaner and healthier Raritan River and the health of everyone who enjoys it," said EPA Regional Administrator Judith A. Enck. "The data and information collected will help Raritan River communities better understand pollution that has affected river conditions and will assist in decision-making on the best ways to improve water quality.”

Using the funding, the selected applicant will identify high priority sites and sources of pollution that are potentially impacting the river. The resulting site list and associated data will then be made available to the public and put into a format that can be used by state agencies, country and local governments, non-profit organizations and other stakeholders to make environmental decisions. The data would also be used to create an interactive website to show exact locations of potentially polluting sites along the river along with the data for each site.

All applications are due no later than April 23, 2012 at 5:00 p.m. EDT. Additional information on the grants, including guidance on eligibility and procedures for applying, is available at http://www.epa.gov/region2/grants/ or through http://www.grants.gov.

Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and Facebook at http://www.facebook.com/eparegion2.

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News Release from EPA Region 10

Spokane Tribe to receive EPA Smart Growth assistance

Community of Wellpinit water and sewer system challenges addressed

Contact: Abby Hall, EPA Office of Sustainable Communities, 415-972-3384, hall.abby@epa.gov; Tony Brown, EPA Public Affairs, 206-553-1203, brown.anthony@epa.gov

(Seattle–March 12, 2012)) – The Spokane Tribe of Indians in eastern Washington will benefit from EPA technical assistance through the Smart Growth Implementation Assistance (SGIA) program. The Tribe will work with technical experts to address future water infrastructure needs in the community of Wellpinit, Washington.

The EPA funds private-sector experts through the EPA Smart Growth program to work with communities as they plan for future needs in ways that sustain environmental and economic progress and create a high quality of life. The Spokane Tribe requested assistance to support their development of a comprehensive water infrastructure plan that will focus on water and sewer system challenges in Wellpinit. The community faces future challenges of summer water shortages, drinking water delivery, pipe and pump failures, and design and maintenance of sewage management systems.

“Bringing private-sector consultants together with the professional staff of the Spokane Tribe will create a strong partnership to address future growth and the strains placed on older water systems,” said Melanie Wood, Sustainable Infrastructure Coordinator in EPA’s Pacific Northwest office. “These EPA Smart Growth programs not only provide support for environmental improvements, they also set the stage for green jobs and a healthier economy.”

The EPA assistance builds upon a Housing and Urban Development Community Challenge Planning Grant the Tribe received in 2010. The water infrastructure plan will create a foundation for future housing, transportation, and economic development planning.

Since 2005 EPA has supported 31 SGIA projects, serving dozens of communities.

Smart Growth Implementation Assistance is a project of the Partnership for Sustainable Communities among EPA, the U.S. Department of Housing and Urban Development (HUD), and the U.S. Department of Transportation (DOT). The interagency collaboration coordinates federal investments in infrastructure, facilities, and services to get better results for communities and use taxpayer money more efficiently. The partnership is helping communities across the country create more housing choices, make transportation more efficient and reliable, reinforce existing investments, and support vibrant and healthy neighborhoods that attract businesses.

More information:

SGIA: http://www.epa.gov/smartgrowth/sgia2012.htm

Partnership for Sustainable Communities: http://www.sustainablecommunities.gov

Wellpinit community contact: Scott Radford, info@antithesisresearch.org/, 509-258-7100

News Release from EPA - NJ Impaired Waters

EPA Approves New Jersey’s List of Polluted Water Bodies

Sewage Pollution Continues to be a Major Problem in New Jersey

Contact: John Martin (212) 637- 3662 martin.johnj@epa.gov

(New York, N.Y. – February 28, 2012) The U.S. Environmental Protection Agency has approved the 2010 list of waters in New Jersey that are considered either impaired or threatened by pollutants. An impaired water body is one that does not meet federal water quality standards even after pollution controls have been put in place. A threatened water body is one that is expected to be impaired within two years. The list helps establish priorities for addressing threats from water pollution.

“Identifying and prioritizing the state’s most seriously polluted waters are important steps in our work to reduce water pollution,” said Judith Enck, EPA Regional Administrator. "New Jersey faces serious water quality challenges including the need to reduce pollution from combined sewer systems that allow raw sewage to flow into waterways when it rains. By upgrading old infrastructure and implementing green infrastructure strategies, New Jersey communities can improve water quality.”

The Clean Water Act requires states to assess the quality of their waters and to report their findings to the EPA every two years. The list is compiled by the New Jersey Department of Environmental Protection and is a valuable tool for reaching the Clean Water Act goal of “fishable and swimmable” waters for all of New Jersey.

The list specifically includes impaired waters for which the development of budgets for the amount of water pollution allowed is necessary. The budgets define the maximum amount of a pollutant that a water body can receive and still meet water quality standards. They are developed by states and approved by the EPA once the agency determines that the budget will allow the water body to achieve water quality standards.

The most common pollutants causing impairment in New Jersey water bodies include PCBs (8.33%), dissolved oxygen (8.19%), phosphorus (7.86%), pH (7.62%), and arsenic (6.89%). New Jersey’s 2010 list identifies 2,112 instances in which a pollutant is causing an impairment of a water body that keeps it from supporting its “designated use” for drinking water, swimming and recreation, fishing or other activities specified by the state.

The list also notes the most common sources of water pollutants, which include urban/stormwater runoff, combined sewer overflows from systems that capture both domestic sewage and stormwater, and air pollution, including acid rain. A pollutant may come from more than one source.

In 2010, new pollutants were included for waters in the basins of the Hudson River, the Passaic River, the Raritan River, the Delaware Bay, and others. The EPA will continue to work with state and local governments to ensure that impaired waters are cleaned up.

A complete list of impaired waters in New Jersey is available at: http://www.epa.gov/region02/water/waterbodies

Follow the EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2

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California Sewage Ban

News release from EPA Region 9:


For Release: Feb. 9th, 2012
U.S. EPA Media Contact: Mary Simms, simms.mary@epa.gov, additional media contacts below

TODAY: Feds Approve California Sewage Ban and Create Largest
Coastal No-Discharge Zone in the Nation

Federal action is unprecedented in geographical scope, will prohibit the discharge of more than 22 million gallons of treated vessel sewage to shorelines and shallow waters in Calif. each year

SAN FRANCISCO – U.S. EPA’s Pacific Southwest Regional Administrator Jared Blumenfeld will today sign a rule that will finalize EPA’s decision and approve a state proposal to ban all sewage discharges from large cruise ships and most other large ocean-going ships to state marine waters along California’s 1,624 mile coast from Mexico to Oregon and surrounding major islands. Today’s action establishes a new federal regulation banning even treated sewage from being discharged in California’s marine waters.

"This is an important step to protect California's coastline. I want to commend the shipping industry, environmental groups and U.S. EPA for working with California to craft a common sense approach to keeping our coastal waters clean." said Gov. Jerry Brown.

"By approving California's 'No Discharge Zone,' EPA will prohibit more than 20 million gallons of vessel sewage from entering the state's coastal waters," said Jared Blumenfeld. "Not only will this rule help protect important marine species, it also benefits the fishing industry, marine habitats and the millions of residents and tourists who visit California beaches each year."

This action strengthens protection of California’s coastal waters from the adverse effects of sewage discharges from a growing number of large vessels. Several dozen cruise ships make multiple California port calls each year while nearly 2,000 cargo ships made over 9,000 California port calls in 2010 alone. EPA estimates that the rule will prohibit the discharge of over 22 million of the 25 million gallons of treated vessel sewage generated by large vessels in California marine waters each year, which could greatly reduce the contribution of pollutants still found in treated vessel sewage.

State Senator Joe Simitian (D-Palo Alto) authored Senate Bill 771, the Clean Coast Act which prohibits all commercial ships from dumping hazardous waste, sewage sludge, oily bilge water, “gray water” from sinks and showers, and sewage in state waters. Simitian’s SB 771 also required California to petition the federal government for a ‘No Discharge Zone’ to enforce the bill’s anti-dumping provisions.

“This is a great day for the California coast, which is far too precious a resource to be used as a dumping ground,” said Simitian. “This ‘No Discharge Zone’ – the largest in the nation – protects our coastal economy, our environment and our public health.”

"California's coastal waters will no longer serve as a sewage pond for big ships," said Cal/EPA Secretary Matthew Rodriquez. "For too long, pollution from these vessels has endangered our marine environment, jeopardized public health and threatened the coastal communities that rely on recreation and tourism dollars. I commend U.S. EPA for helping us ensure that our coastline remains pristine."

California’s coastal waters are home to a wide variety of unique, nationally important marine environments that support rich biological communities and a wide range of recreational and commercial activities. Four national marine sanctuaries, a national monument, portions of six national parks and recreation areas, and more than 200 other marine reserves and protected areas have been established to protect California’s unique marine resources. The National Oceanic and Atmospheric Administration has already implemented similar vessel sewage discharge bans in the four California marine sanctuaries that it oversees. Recreational and commercial uses of California’s coastal waters are equally important. Seventy-seven percent of the State’s population lives on or near the coast and annually, over 150 million visitor-days are spent at California beaches. California ranks first in the nation as a travel destination and its beaches are the leading destination for tourists. California’s commercial fishing industry also relies upon clean water to help preserve and restore coastal fisheries.

Under the Clean Water Act, states may request EPA to establish vessel sewage no-discharge zones if necessary to protect and restore water quality. In 2006, following passage of three state statutes designed to reduce the effects of vessel discharges to its waters, the State of California asked EPA to establish the sewage discharge ban. After releasing the proposed rule in 2010, EPA considered some 2,000 comment letters from members of the public, environmental groups, and the shipping industry before finalizing the regulation.

"California's economic health is tied to the health of our oceans and beaches," said Charles Hoppin, Chair of the State Water Resources Control Board. "Pollution from cargo and cruise ships directly threatens public health, marine life and our economy. This led to our request to declare the whole coastline a no discharge zone so that we could provide equal water pollution protection along our precious coastline."

Today’s prohibition is unprecedented in geographical scope. In contrast to prior no-discharge zones under the Clean Water Act, which apply in very small areas, the new ban applies to all coastal waters out to 3 miles from the coastline and all bays and estuaries subject to tidal influence. Other California no discharge zones for ten bays and marinas remain in effect for all vessels.

“Big ships make for big pollution but unfortunately, responsible disposal of sewage from ships hasn’t always been a given in California,” said Marcie Keever, oceans and vessels project director at Friends of the Earth. “The actions taken today by the U.S. EPA, the State of California, and the thousands of Californians who supported the Clean Coast Act mean that cruise lines and the shipping industry can no longer use California’s valuable coastal and bay waters as their toilet.”

Consistent with the State’s request, today’s prohibition applies to all passenger ships larger than 300 tons and to all other oceangoing vessels larger than 300 tons with sewage holding tank capacity.

“The Pacific Merchant Shipping Association shares the concern for protection of California’s marine environment. Our member companies are dedicated to the facilitation of trade while also minimizing any associated environmental impacts,” said John Berge, Vice President of the Pacific Merchant Shipping Association.

In addition to today’s discharge prohibition, other vessel sewage discharges will continue to be regulated under existing Clean Water Act requirements, which generally require sewage to be treated by approved marine sanitation devices prior to discharge. The State is also continuing to implement and strengthen other efforts to address sewage discharges from smaller vessels, including recreational boats, to state waters.

EPA’s action complements our ongoing ocean protection efforts including strengthening the existing Vessel General Permit, development of a Vessel General Permit for smaller vessels, and our efforts to reduce marine debris such as plastics and other human-generated debris. The California No Discharge Zone final rule will be submitted today to the Federal Register and be published within 3-5 business days.

To view the electronic media kit for this announcement including photos and a copy of the final rule please visit: http://www.epa.gov/region9/mediacenter/nodischarge

For more information on this and other no-discharge zones in California, and Clean Water Act programs to address vessel discharges and marine debris, please visit EPA’s website at:

http://www.epa.gov/region9/water/no-discharge
http://www.epa.gov/owow/oceans/regulatory/vesseldisch.html
http://www.epa.gov/region9/marine-debris

Additional media contacts:

Cal/EPA Deborah Hoffman, Director of Communications 916-324-9670 dhoffman@calepa.ca.gov

Cal/EPA Lindsay VanLaningham, Deputy Director of Communications, 916- 324-9670, LindsayV@calepa.ca.gov

State Water Resources Control Board - George Kostyrko, Director of Public Affairs 916- 341-7365 gkostyrko@waterboards.ca.gov

Sen. Simitian’s office, Lisa Gardiner, lisa.gardiner@sen.ca.gov, 916-651-4011

Marcie Keever, Friends of the Earth, Oceans & Vessels Project Director, 415.544.0790 x223, mkeever@foe.org

  

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DOJ and EPA Propose More Time for Baton Rouge STP Upgrades

From EPA Region 6 News Release:

DOJ and EPA propose more time to complete Baton Rouge Sewage Treatment Plant upgrades

Under proposal Baton Rouge will also complete additional sewer system enhancements

(DALLAS – Jan. 19, 2012) The U.S. Department of Justice (DOJ), U.S. Environmental Protection Agency (EPA) and the Louisiana Department of Environmental Quality (LDEQ) today proposed that Baton Rouge be given additional time to upgrade its sewage treatment plants. As part of the proposal, Baton Rouge wastewater treatment plants will undertake additional projects to further reduce sanitary sewer overflows and ensure Clean Water Act compliance.

Baton Rouge has been upgrading its North and South treatment plants under a consent decree entered by the court in March 2002. Today’s proposal would extend the deadline from Jan. 1, 2015 to Jan. 1, 2018, and include implementation of a supervisory control and data acquisition system and installation of emergency generators at over 400 pump stations used in the sewage collection system.

The proposed consent decree modification will be lodged with the federal District Court for the Middle District of Louisiana pending solicitation of public comment on the proposed modification. Approval by the District Court is required before any modification of the 2002 consent decree would be effective.