HomeMy Public PortalAboutExhibit MSD 25C CSO Long-Term Control Plan June 1, 2011 Letter from DNRExhibit MSD 25C
SOURh`; Jeremiah W. (Jay) Nixon, Governor . Sara Parker Pauley, Direcror
- NT OF NATURAL RERESOURCES
www.dar.mo.gov
JUN - '1 2011
Mr. Jeffrey Theerman
Executive Director
Metropolitan St. Louis Sewer District
2350 Market Street
St. Louis, Missouri 63103-2555
Subject: Combined Sewer Overflow Long -Term Control Plan
Dear Mr. Theerman:
The Missouri Department of Natural Resources (Department) has completed its review of
Metropolitan St. Louis Sewer District's (MSD's) Combined Sewer Overflow Long-Teir
Control Plan Update Report, dated February 2011 (LTCP), which MSD submitted
pursuant to Missouri State Operating permits (MO -0025178 and MO -0025151, issued
December 30, 2005) for both the Bissell Point and the Lemay wastewater treatment
plants. These permits required MSD to develop an LTCP to address combined sewer
overflows (CSOs) in accordance with EPA's 1994 CSO Control Policy (59 FR 18688);
Section 402(q) of the federal Clean Water Act, 33 U.S.C. §1342(q); and Missouri's
Effluent Regulations, 10 CSR 7.015(10), incorporating EPA's CSO Control policy by
reference. The Dept tiuent concludes that MSD has satisfied its obligations under the
Schedule of Compliance, Section D.1., of the Bissell Point and Lemay permits.
The LTCP addresses the following plan elements:
• Characterization, Monitoring, and Modeling of the Combined Sewer System,
• Public Participation,
• Consideration of Sensitive Areas,
• Evaluation of Alternatives,
• Cost/Performance Considerations,
• Operational Plan,
• Maximizing Treatment at the Existing POTW Treatment Plant,
• Implementation Schedule including Financial Capability Analysis, and
• Post -Construction Compliance Monitoring Program.
0
Rttcrled Paper
Mr. Jeffrey Theeiinan
Page Two
MSD has selected the "Demonstration Approach" defined in EPA's CSO control policy.
Therefore, after construction of CSO controls, the remaining CSO discharges are not
expected to prevent the attainment of current state water quality standards.
The LTCP provides significant reductions in untreated CSO volumes and pollutant
loadings. The LTCP consists of controlling CSOs to MSD's urban streams to the point
where further expenditures yield significantly diminished returns (the "knee -of -the -
curve"), coupled with an enhanced green infrastructure program in areas with CSOs that
discharge directly to the Mississippi River. Implementation of the selected LTCP will
reduce the occurrence and magnitude of CSOs to MSD's urban streams and also reduce
CSO volumes and loadings to the Mississippi River. Specific new CSO controls are
described in the attached letter from EPA dated May 2, 2011.
By this letter, the Depai tinent approves Chapter 11 "Selected Plan", Chapter 12 "Green
Infrastructure Program", and Appendix Q "MSD's Green Infrastructure Program" of the
Metropolitan St. Louis Sewer District's Combined Sewer Overflow Long -Term Control
Plan Update Report, dated February 2011.
As you know, many aspects of the LTCP were negotiated in an ongoing federal
enforcement action taken against MSD, and a federal Consent Decree will likely be
lodged and entered in the near future. The State of Missouri, which includes the
Department, will not be signing the federal Consent Decree. This letter shall not be
construed as the Department's support or approval of the terms and conditions of the
federal Consent Decree. Instead, this letter is being provided solely because of the
Department's regulatory role in reviewing MSD's LTCP submittal pursuant to permits
MO -0025178 and MO -0025151. However, the Department reserves the right to modify
or withdraw this approval if any public comments disclose facts or considerations
indicating that the LTCP is inappropriate, improper, or inadequate, up to the time the
United States Department of Justice moves for entry of the Consent Decree.
This letter also shall not be construed as a modification of, or limitation on, MSD's
current or future NPDES or state construction or operating permits. Nor shall it relieve
MSD from any present or future obligation to comply with such permits or any applicable
laws or regulations.
This letter supersedes any prior approval of the "Revised Long -Term CSO Control Plan,
June 2004 Interim Submittal", which is no longer considered to be in effect.
Mr. Jeffrey Theerman
Page Three
If you have any other questions about this letter, please contact Mr. Kevin Mohammadi
of my staff at (573) 751-1740 or the Missouri Department of Natural Resources, Water
Protection Program, P.O. Box 176, Jefferson City, MO 65102.
Sincerely,
DIVISION OF ENVIRONMENTAL QUALITY
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Leanne Tippett Mosby
Division Director
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c: Mr. Kevin Mohammadi, Water Protection Program
Ms. Karen Flournoy, EPA Region 7