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Home My Public Portal AboutSignage OrderMAY-22-2007 16:36 From:W 9135517925 To:98164215547 P.2,14 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION VII 901 NORTH 5TH STREET KANSAS CITY, KANSAS 66101 MAY 2 2 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jeffery Theerman Executive Director Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, Missouri 63103-2555 Re: Amended Administrative Order No. CWA-07-2007-0042 Metropolitan St. Louis Sewer District (MSD) Dear Mr. Theerman: Pursuant to Section 309(a) of the Clean Water Act, (the Act of CWA), 33 § 1319(a), as amended, the Director, Water, Wetlands and Pesticides Division, Region 7, I luited States Environmental Protection Agency (EPA), has determined that MSD is in violation of Section 301 of the Act, 33 U.S.C. § 131 1 _ As a result, I have issued the enclosed 309(a) Amended Order. This Amended Order does not replace, modify or eliminate any other requirement of the Act. Notwithstanding the issuance of this Section 309(a) Amended Order, the EPA retains the right to bring further enforcement action under Section 309(d) or 309(g) of the Act, 33 U.S.C_ §§ 1319(d) or 1319(g), for the violations citied in this Amended Order and for any other violation of the Act. Violations of the Act, including requirements contained in a National Pollutant Discharge Elimination System (NPD)S) permit or a Section 309(a) Order, remain subject to a civil penalty of up to $27,500 per day for each violation pursuant to Sections 309(d) or 309(g) of the Act, 33 U.S.C. §§ 1319(d) or 1319(g) of the Act. Such violations of the Act may also be subject to criminal action. Should you have any questions concerning the enclosed Amended Order, please contact Ms. Martha Steincamp at 913-551-7246 or address written comments to the address on the • Ill* yr HCCYCLED 't dd`,fifll`.N MAY-22-2007 16:36 From:W 9135517925 To:98164215547 P.3,14 letterhead_ The engineer assigned to manage compliance with this Amended Order is Anthony Petruska who may be reached at 913-551-7637. Sincerely, William A. Spratlin Director Water, Wetlands Sc. Pesticides Division Enclosure cc: Randy Hayman, Esq. General Counsel Susan Myers, Esq. Terry Satterlee, Esq. Doyle Childers, Executive Director, MDNR Kurl Schaefer, General Counsel Joe Hindbeutel, Assistant Attorney General Kathryn MacDonald, DOS MAY-22-2007 16:36 From:W 9135517925 To:98164215547 P.4/14 Attachment A MRY-22-2007 16:36 From:W 9135517925 To:98164215547 P.5,14 WARNING DO NOT PLAY, SWIM, OR FISH Possible Sewage Overflow Exposure to Water May Cause Illness PLEASE REPORT FOUL ODORS, UNUSUAL DISCOLORATION, OR FLOW FROM OUTFALL DURING DRY WEATHER. St. Louis Metropolitan Sewer District (314) 768-6260 I„E:-f,] Sign # For detailed information visit: www.stlmsd.com MAY-22-2007 16:36 From:W 9135517925 To:98164215547 P.6'14 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION VII 07 V.W 7? ECM (I: n3 901 NORTH 5r'I STREET KANSAS CITY, KANSAS 66101 LI,L'I;, t CTION n,.. tivh REEtlullt,L NFi.fi.fiG CLERK IN THE MATTER OF: Metropolitan St. Louis Sewer District Respondent Proceedings under Section 309(a)(3) of the Clean Water Act, 33 U.S.C. § 1319(a)(3) AMENDED FINDINGS OF VIOLATION AND ORDER FOR COMPLIANCE Docket No. CWA-07-2007-0042 I. Preliminary Statement 1. These AMENDED FINDINGS OF VIOLATION are made and ORDER FOR COMPLIANCE is issued pursuant to the authority vested in the Administrator of the United States Environmental Protection Agency ("EPA"), by Section 309(a)(3) of the Clean Water Act ("CWA" or the "Act"), 33 U.S.C. § 1319(a)(3), as delegated by the Administrator to the Regional Administrator, EPA, Region V I I, and further delegated to the Director, Water, Wetlands and Pesticides Division, EPA, Region V I I. On April 30, 2007, FINDINGS OF VIOLATION and ORDER FOR COMPLIANCE was issued to the Metropolitan St. Louis Sewer District ("MSD"). Based on additional information presented by MSD, EPA is issuing this Amended Order. 2. MSD serves a population of approximately 1.4 million and the MSD service area includes 90% of the City of St. Louis and St. Louis County. As of January I, 2000, MSD serviced 428,000 accounts: 354,000 single family residence; 48,000 multi -family (apartments, condos) and 26,000 commercial/industrial. MSD currently operates nine treatment facilities and, treats an average of 320 million gallons of sewage per day. Additionally, MSD is responsible For operating and maintaining approximately 8,900 miles of sewers, including 2,617 miles ofstormwater sewers, 4,495 miles of sanitary sewers and 1,847 miles of combined sewers. 3. MSD owns and operates Publicly Owned Treatment Works ("POfWs") that include nine wastewater treatment plants and associated collection systems that serve the citizens of St. Louis, Missouri, and several surrounding counties and municipalities. Seven of the wastewater treatment plants owned and operated by MSD are generally located within the separate sanitary sewer system and discharge pollutants into the Mississippi River, Merarnec River, and, Missouri River and their tributaries. These separate sanitary sewer system wastewater treatment plants are the Coldwater ('reek MAY-22-2007 16:36 From:W 9135517925 To:98164215547 P.7,14 Metropolitan St. Louis Sewer District Amended Findings ol Violation and Order Mr Compliance Page 2of9 Wastewater Treatment Facility, Fenton Wastewater Treatment Facility, Lower Meramec Wastewater Treatment Facility, Missouri River Wastewater Treatment Facility, Baumgartner Lagoon, Grand Glaize Wastewater Treatment Plant, and the New Lower Meramec Wastewater Treatment facility. MSD also owns and operates two wastewater treatment plants generally located within the combined sewer system area; Bissell Point Wastewater Treatment Plant and the L emay Wastewater Treatment Plant. These treatment plants discharge pollutants into the Mississippi River and its tributaries. 4. The Missouri Department of Natural Resources ("MDNR") is the agency within the State of Missouri that has been authorized to administer the federal National Pollutant Discharge Elimination System ("NPDES") pursuant to Section 402 of the CWA and its implementing regulations. The EPA maintains concurrent enforcement authority with authorized state NPDES programs for violations of the CWA and NPDES permits. II. Jurisdiction and Findinas of Violation The EPA finds: 5. Section 301(a) of the CWA, 33 U.S.C. § 1311(a), prohibits the discharge of pollutants except in compliance with permits issued under the authority of Section 402 of the CWA, 33 U.S.C. § 1342. Section 402 of the CWA provides that pollutants may be discharged only in accordance with the tenns of a NPDES permit issued pursuant to that Section. 6. MSD is a "person" within the meaning of Section 502(5) the CWA, 33 U.S.C. § 1362(5). 7. Pursuant to § 402 of the CWA, 33 U.S.C. § 1342, MDNR has issued NPDES Permits to MSD that are listed in Fable 1: TABLE I: MDNR Issued NPDES Indio dual Wastewater Permits for MSD PO'I'Ws Permit N.. Issued (Expiration Date facility Names. M00025178 12/30/2005 12/29/2010 Bissell Point WTP Rev. 1/27/2006 M00088463 M00025160 M00086126 M00025151 M000100978 M00004391 M00010362 M O0127949 1 1 /20/2004 Rev. 3/09/2007 12/30/2005 3/23/2001 12/30/2005 Rev. 1/27/2006 2/19/2009 I2/29/2( I 3/22/2006 I 2/29/21110 I 0/29/2004 12/30/2005 Rev. 3/31/2006 1/26/2007 2/28/2007 1(1/29/2009 12/29/2010 1 /25/2012 2/27/2012 Baumgartner Lagoon Coldwater Creek WTP Fen Mil WTP T.emay W-1'P Lower Meramec WTP Missouri River WTP Grand Glaize WWTP New Lower Meramec WTP MAY-22-2007 16:36 From:W 9135517925 To:98164215547 P.8,14 Metropolitan St. Louis Sewer District Amended Findings of Violation and Order for Compliance Page 3 of 9 R. Within the separate sanitary sewer system, MSD has more than 300 constructed sanitary sewer overflows ("SSOs") which are not authorized by NPDES permits. Attachment A 9. Discharges from these constructed SSOs, when activated, are not reported to either M DN R or the EPA. 10. Discharges from these constructed SSOs contain untreated sewage which discharges to urban streams, including Coldwater Creek, Deer Creek, River Des Peres, Creve Coeur Creek, Grand Glaize Creek, Fee Fee Creek, Maline Creek, Watkins Creek, Matigney Creek, Maltese Creek, Gravois Creek, and Mackenzie Creek. 11. Since 1999, MSD has installed flow meters at several of the constructed SSOs. MSD operated these meters for periods ranging from five to nine months at each SSO, metering approximately eight constructed SSO locations per year. Table 2 below lists the number of constructed SSOs by receiving stream and the number of metered sites per discrete receiving stream. TABLE 2: Number of Existin Receiving Stream , Constructed SSOs by Receiving Stream Existing Metered Receiving Existing lvlete;red Stream Maling:, Creek 37 12 Coldwater 36 Creek River Des 35 Peres Deer Creek 32 Gravois Creek Fee Fee Creek Black Creek Creve Coeur Creek Two Mile Creek Mttttese Creek Mississippi River fishpot Creek 30 17 14 14 14 I tampion Creek Meramec Bottom Meramec River Musick Creek 2 Grand Glaize Creek Watkins 9 R 6 2 Sappington Creek St. George Creek Sugar Creek Baden Creek Benbush Creek 2 2 2 Fenton Creek Gingras Creek Mackenzie C reek Mehlville Creek Missouri 1 MAY-22-2007 16:37 From:W 9135517925 To:98164215547 P.9,14 Metropolitan St. Louis Sewer District Amended Findings of Violation and Order for Compliance Page 4 of 9 Creek River Martigney Creek 4 Mulberry Creek I Shady Grove Creek 4 Rockhill Creek Fountain Creek 3 Sinkhole Creek Caulks Creek 2 1 Yarnell Creek TOTAL 305 26 12. MSD indicates inspections are conducted weekly at all existing constructed SSOs; however, MSD indicates they do not track any discharge data collected during these routine cleaning inspections. MSD does not have a program in place to identify the activation of each constructed SSO location nor report occurrences to MDNR or IPA. However, MSD has conducted overflow monitoring for 40 some constructed SSOs and provided that data to EPA during the February 2006 site visit. Analysis of the MSD flow metering data for these 40 metered, constructed SSOs indicates that nearly 21 million gallons of sewage was discharged during the period of review. While direct evidence does not exist, an extrapolation of the data from the 40 metered sites to all 300 plus sites shows that annually, upwards of an estimated 226 million gallons of untreated sewage are being discharged into receiving waters from an estimated 2,772 discharge events. 13. The majority of more than 300 constructed SSOs are located in residential neighborhoods, public parks and other publicly accessible locations, there are no warning signs to alert the public to avoid these areas and not play, wade, swim or fish in waters contaminated with untreated sewage. 14. These SSOs, when activated, contain untreated sewage that carries bacteria, viruses, protozoa (parasitic organisms), helminthes (intestinal worms) and boroughs (inhaled molds and fungi). People exposed to these microbial pathogens are at risk for a variety of associated diseases such as gastroenteritis, hepatitis, salmonellosis, shigellosis, infection caused by 1. colt, giardiasis, amoebic dysentery, skin rashes, "pink eye", etc. People can be exposed through direct contact in areas of public access, such as lawns, streets, waters used for recreation, or in homes or businesses. MSD's separate sanitary sewage collection system includes 300 plus constructed outfalls that when operating constitute illegal discharges directly to urban streams. Due to their inclination to play in or around creeks, children are especially at risk for illnesses associated with untreated sewage due to increased exposure. Children are more likely to ingest contaminated water (accidentally and on purpose). In general, children are more susceptible to disease, including those caused by untreated sewage. 15. Part C of MSD'sNPDRS Permits, Special Conditions, requires: 2. All outfalls must be clearly marked in the field MAY-22-2007 16:37 From:W 9135517925 To:98164215547 P.10,14 Metropolitan St Louis Sewer District Amended Findings of Violation and Order for Compliance Page 5 of 9 16. Pan 1 — General Conditions, Section B Management Requirements requires: 5. Bypassing a. Any bypass or shut down of a wastewater treatment facility and tributary sewer system or any part of such a facility and sewer system that results in a violation of permit limits or conditions is prohibited except: (i) where unavoidable to prevent loss of life, personal injury, or severe property damages; and (ii) where unavoidable excessive storm drainage or runoff would catastrophically damage any facilities or processes necessary for compliance with the effluent limitations and conditions of this permit; (iii) where maintenance is necessary to ensure efficient operation and alternative measures have been taken to maintain effluent quality during the period of maintenance. h. The permitlee shall notify MDNR in writing of all bypasses or shut down that result in a violation of permit limits or conditions_ This section does not excuse any person from liability, unless such relief is otherwise provided by the statute. 17. Discharges from constructed SSOs as described in the above paragraphs are not permitted in compliance with § 301(a) and § 402 of the CWA, 33 ILS.C. § 1311(a) and § 1342. 18. Constructed SSOs in MSD's service area are not clearly marked in the field. 19. Failures to clearly mark all outfalls are violations of § 301 and § 402 of the CWA, 33 U.S.C. § 1311(a) and § 1342. 20. Failures to report bypasses from constructed SSOs are violations of § 301(a) and § 402 of the CWA, U.S.C. § 1311(a) and § 1342. 21. Based on the Findings set forth above, and pursuant to Section 309(a)(3) of the CWA, 33 1J.S.C. § 1319(a)(3), EPA hereby ORDERS MSD to meet the requirements set forth hereafter in this Amended Order. Ill. Amended Order for Compliance 22. MSD shall provide notice to Martha R. Steincamp of MSD's intent to comply with this Amended Order within 24 hours of receipt. 23. MSD shall post signs as depicted in Attachment R to this Amended Order. A schedule for installing these signs follows in Paragraph 24. The sign must he posted on all streams, creeks, drainage ditches, and swales receiving SSO discharges. Postings must he at all surface discharge locations and within one hundred (100) feet downstream of all discharge locations. Signs must be posted at approximately one hundred (100) yard MAY-22-2007 16:37 From:W 9135517925 To:98164215547 P.11,14 Metropolitan St. Louis Sewer District Amended Findings or Violation and Order for Compliance Page 6 of9 intervals at public access points located within two miles downstream from the discharge. Signs must he placed on both sides of the stream and must he placed so as to be visible to the public. Any parks, golf courses or other recreation areas within the posting area must have signs prominently displayed. Inspections of all sign locations must he performed at least monthly to ensure that each sign is in place, unobstructed, and in good condition. Missing, damaged or obstructed signs must he replaced or corrected as soon as discovered. All missing, damaged and obstructed signs must he corrected within twenty- four hours of discovery. The signs must he a minimum of 18" by 24". A copy of the sign must be included annually (near the beginning of the recreation season) in customer hill inserts with an explanation of why the signs have been installed. 24. The sign depicted in Attachment B shall he obtained by MSD and deployed as outlined in Paragraph 23 at all surface discharge locations, within five (5) weeks from the date of signing of this Amended Order. Signs for the remaining locations outlined in paragraph 23, shall he deployed as expeditiously as possible, but no later than August 31, 2007. The notice to customers required in Paragraph 23, shall he forwarded by MSD to all its customers by July 1 R, 2007. Additionally, MSD shall post a notice on their website within thirty (30) days of the signing of this Amended Order, advising that EPA has ordered MSD to deploy these signs. The sign shall he displayed with this notice. This notice shall include a description of where each sign will he installed in relation to the constructed SSO; why the sign is being installed and the phone number anyone observing a discharge can call to report it. 25. MSD shall provide notice of all known discharges from constructed SSOs to EPA and MDNR as required by Part 1- General Conditions 13 Management Requirements on a quarterly basis, beginning in August 2007, using the form in Appendix C of MSD's March 15, 2007 submission. 26.'Phis Amended Order is an interim measure to address a serious piohlena. 27. This Amended Order does not constitute a waiver or a modification of any requirements of the CWA, 33 U.S.C. § 1251 et seq., all of which remain in full force and effect. The EPA retains the right to seek any and all remedies available under Section 309(h), (c), (d) or (g) of the Act, 33 U.S.C. § 1319(h), (c), (d) or (g), for any violation cited in this Amended Order. 'Issuance of this Amended Order shall not he deemed an election by EPA to forgo any civil or criminal action to seek penalties, lines, or other appropriate relief under the Act for any violation whatsoever. IV. General Provisions 28. MSD's compliance with this Amended Order does not constitute compliance with the provisions of the CWA, 33 U.S.C. § 1251 et seq., or with MSD's NPI)13S permits. MSD shall remain solely responsible for compliance with the terms of the Clean Water MAY-22-2007 16:37 From:W 9135517925 To:98164215547 P.12,14 Metropolfttm Si Louis Sewer District Amended Findings of Violation and Order for compliance Page 7 of 9 Act and this Amended Order. Issuance of this Amended Order shall not be deemed an election by EPA to forego any civil or criminal action to seek penalties, lines or other appropriate relief under the Act, including criminal punishment as provided in Section 309 of the Act, 33 U.S.C. § 1319. V. Access and Requests for Information 29. Nothing in this Amended Order shall limit EPA's right to obtain access to, and/or to inspect Respondent's facilities, and/or to request additional infonnation from Respondent, pursuant to the authority of Section 308 of the CWA, 33 I t.S.C. § 1318 and/or any other authority. VI. Severability 30. If any provision or authority of this Amended Order, or the application of this Amended Order to Respondent, is held by federal judicial authority to be invalid, the application to Respondent of the remainder ol'this Amended Order shall remain in full force and effect and shall not he affected by such a holding. VII. Effective Date 31. The terms of this Amended Order shall he effective and enforceable against Respondent upon its receipt of an executed copy of the Amended Order. VIII. Termination 32. This Amended Order shall remain in effect until a written notice ofterminalion is issued by an authorized representative of the U.S. Environmental Protection Agency. Such notice shall not be given until all of the requirements of this Amended Order have been met. MAY-22-2007 16:37 From:W 9135517925 To:98164215547 P.13/14 Metropolitan Si. l outs Sewer District Amended I findings of Violation and Order for Complumce Page 8 of 9 FOR THE UNTF_D STATES ENVIRONMENTAL PROTECTION AGENCY Issued this 21, day of , 2007. William A. Spratlin Director Water, Wetlands and Pesticides Division /? r 1��V�r- )N 4W(Makta:\ ha R. Steincamp Regional Counsel MAY-22-2007 16:37 From:W 9135517925 To:98164215547 P.14,14 Metropolitan Sr. Louis Sewer District Amended Findings of Violation rind Order for Compliance Page 9 of 9 CERTIFICTE OF SERVICE I certify that on the date noted below 1 sent a copy of the foregoing Amended Findings of Violation and Order for Compliance by first class certified mail, return receipt requested toe Jeffery Theennan Executive Director Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, Missouri 63103-2555 Randy Hayman, Esq. General Counsel Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, Missouri 63103-2555 Susan Myers, Esq. Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, Missouri 63103-2555 Ferry Satterlee, Esq. Shook Hardy & Bacon, LLP 2555 Grand Blvd. Kansas City, Missouri 64108-2613 Kevin Mohammad' Chief, Water Pollution Compliance and Enforcement Section Missouri Department of Natural Resources P.O. Box 176 Jefferson City, Missouri 65102 01(0,2_