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National Enforcement Initiatives for Fiscal Years 2008 - 2010:
Clean Water Act: Municipal Sewer Overflows (Combined Sewer Overflows & Sanitary Sewer Overflows)
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
Planning Topics
Annual Results Report
For additional civil and criminal compliance and enforcement results, see:
On February 22, 2010, EPA renamed its "National Enforcement Priorities" to "National Enforcement Initiatives" and announced the Agency’s National Enforcement Initiatives for the 2011-2013 fiscal years.
On this page:
- Problem
- Approach
- Key Results
- Highlights
- Transition to the FY 2011-2013 National Enforcement Initiative
Problem
Combined sewer overflows (CSOs) and sanitary sewer overflows (SSOs) cause environmental problems when heavy rainfall exceeds the storage capacity of pipes and/or water treatment plants, and, as a result, discharges untreated sewage, stormwater, toxic materials, and industrial wastewater into rivers, lakes, and oceans. Overflows also occur when equipment, system design, operation, and maintenance are faulty. Untreated sewage contains high levels of nutrients which cause low oxygen levels resulting in aquatic environments and fish mortality. Bacteria residing in untreated sewage overflows can contaminate the public drinking water supply, endanger human health for individuals participating in recreational activities such as swimming and boating, and limit access to beaches. Fish and wildlife advisories often result from bacterial contamination of seafood. CSOs and SSOs pose particularly significant risks to human health when this activity occurs near sources of drinking water given that the discharge often contains a high concentration of bacteria and pathogens.
Approach
EPA's "Combined Sewer Overflow (CSO) Control Policy" set a 1997 deadline for combined sewer systems to meet technology based limitations known as the nine minimum controls (NMCs). They are also required to develop and implement long-term CSO control plans (LTCPs) that will ultimately result in compliance with the requirements of the Clean Water Act. A significant number of communities with CSOs had not, as of FY 2008, implemented the NMCs, nor did many have LTCPs in place.
To reduce water impairments from CSOs and SSOs, EPA developed the Clean Water Act: Combined Sewer Overflows Strategy Summary of 2008 - 2010 (PDF) (2 pp, 16K, About PDF) and the Clean Water Act: Sanitary Sewer Overflows Strategy Summary of 2008 - 2010 (PDF) (2pp, 30K, About PDF).
Under the CSO and SSO strategies, EPA focuses enforcement and compliance assistance on combined and sanitary sewer systems that are near public drinking water intakes; endangered and threatened species and habitats; national marine sanctuaries; commercial fishing sites and shellfish beds; waters designated as "outstanding national resource waters;" and where waterborne recreational activities such as swimming and boating occur. Areas with prior water quality impairment also receive prioritized attention.
Key Results
| Fiscal Year (FY) |
Estimated Pollutants to be Reduced or Treated (lbs)* |
Estimated Investments in Pollution Control ($)** |
Civil Penalties ($)*** |
|---|---|---|---|
| 2008 | 170 million | $2,900 million | $0.8 million |
| 2009 | 22 million | $1,400 million | $0.9 million |
| 2010 | 50 million | $5,300 million | $1.8 million |
*Estimated pollutants reduced or treated is an estimate of the pounds of pollutants reduced, treated, or eliminated during the first year after a facility returns to compliance.
** Estimated investments in pollution control is an estimate of the defendant's cost to comply with consent decrees through the installation of appropriate pollutant controls. The values for FY 2008 through FY 2009 are adjusted for inflation using the U.S. Department of Labor, Bureau of Labor Statistics calculator.
*** Civil Penalties are penalties assessed, not collected. The values for FY 2008 through FY 2009 are adjusted for inflation using the U.S. Department of Labor, Bureau of Labor Statistics calculator.
Highlights
- In FY 2010, EPA focused enforcement actions on cleaning up waters polluted by raw sewage from combined sewer overflow facilities serving large urban areas with greater than 50,000 persons and sanitary sewer overflow facilities with a total treatment capacity of 10-100 million gallons per day. EPA's actions resulted in an estimated 1,200 million gallons of wastewater reduced, and a reduction of an estimated 50 million pounds of water pollutants in the first year after the facilities return to compliance.
- The primary pollutants reduced by these enforcement actions are oxygen demanding pollutants, particulate solids, nutrients, and dissolved solids.
- EPA estimates that seven Kansas City, Missouri wastewater treatment plants and satellite collection systems will reduce over 42 million pounds of untreated raw sewage by disinfecting, eliminating, or treating wastewater and eliminating overflows of raw sewage from sanitary sewers
- The city's wastewater treatment plant will invest an estimated $2.4 billion over the next 25 years to correct violations of the Clean Water Act that resulted in the unlawful release of water pollutants into the Missouri River, Fishing River, Wilkerson Creek, Rocky Branch Creek, Todd Creek, and tributaries1
- Reducing untreated sewage, toxics, and nutrients in the treatment plant's wastewater and collection system helps prevent closures and restrictions on fishing and swimming areas due to pollution in water; prevents human illness from exposure to waterborne pathogens while swimming; and reduces pollutants that lower oxygen levels in rivers and creeks to protect aquatic life in local Missouri waterways
- The city's wastewater treatment plant will invest an estimated $2.4 billion over the next 25 years to correct violations of the Clean Water Act that resulted in the unlawful release of water pollutants into the Missouri River, Fishing River, Wilkerson Creek, Rocky Branch Creek, Todd Creek, and tributaries1
Transition to the FY 2011-2013 National Enforcement Initiative for Keeping Raw Sewage and Contaminated Stormwater Out of Our Nation's Waters
In 2009 EPA's Office of Enforcement and Compliance Assurance (OECA) conducted outreach to other EPA programs, EPA Regions, states and tribal governments, environmental media associations, environmental advocacy and environmental justice groups, and the public to solicit suggestions for OECA's enforcement initiatives for the 2011-2013 fiscal years. There was widespread support for continuing EPA's work on reducing pollution from raw sewage and contaminated stormwater. Work under this initiative will continue in 2011-2013 to focus on reducing discharges from combined sewer overflows ("CSOs"), sanitary sewer overflows ("SSOs"), and municipal separate storm sewer systems ("MS4s") in FY2011-13, by obtaining cities' commitments to implement timely, affordable solutions to these problems, including increased use of green infrastructure and other innovative approaches.
Footnote:
- U.S. Environmental Protection Agency. "U.S. v. The City of Kansas City, Missouri (PDF) (106 pp, 1.5MB, About PDF)." Consent Decree. Internet.;
U.S. Environmental Protection Agency. "Kansas City, Missouri Clean Water Act Settlement." Internet.