New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 11 - PROCEDURES AND CONDITIONS APPLICABLE TO NJPDES-DSW PERMITS › Appendix C

Current through Register Vol. 56, No. 14, July 15, 2024
FEDERAL POLICY ON COMBINED SEWER OVERFLOWS
Appendix C incorporates the Federal policy on combined sewer
				  overflows published in the Federal Register on April 19, 1994.
ENVIRONMENTAL PROTECTION AGENCY
[FRL-4732-7]
Combined Sewer Overflow (CSO) Control Policy
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final policy.
SUMMARY: EPA has issued a national policy statement entitled
				  "Combined Sewer Overflow (CSO) Control Policy." This policy establishes a
				  consistent national approach for controlling discharges from CSOs to the
				  Nation's waters through the National Pollutant Discharge Elimination System
				  (NPDES) permit program.
FOR FURTHER INFORMATION CONTACT: Jeffrey Lape, Office of
				  Wastewater Enforcement and Compliance, MC-4201, U.S. Environmental Protection
				  Agency, 401 M Street SW., Washington, DC 20460, (202) 260-7361.
SUPPLEMENTARY INFORMATION: The main purposes of the CSO
				  Control Policy are to elaborate on the Environmental Protection Agency's
				  (EPA's) National CSO Control Strategy published on September 8, 1989, at 54 FR
				  37370, and to expedite compliance with the requirements of the Clean Water Act
				  (CWA). While implementation of the 1989 Strategy has resulted in progress
				  toward controlling CSOs, significant public health and water quality risks
				  remain.
This Policy provides guidance to permittees with CSOs, NPDES
				  authorities and State water quality standards authorities on coordinating the
				  planning, selection, and implementation of CSO controls that meet the
				  requirements of the CWA and allow for public involvement during the
				  decision-making process.
Contained in the Policy are provisions for developing
				  appropriate, site-specific NPDES permit requirements for all combined sewer
				  systems (CSS) that overflow as a result of wet weather events. For example, the
				  Policy lays out two alternative approaches--the "demonstration" and the
				  "presumption" approaches--that provide communities with targets for CSO
				  controls that achieve compliance with the Act, particularly protection of water
				  quality and designated uses. The Policy also includes enforcement initiatives
				  to require the immediate elimination of overflows that occur during dry weather
				  and to ensure that the remaining CWA requirements are complied with as soon as
				  practicable.
The permitting provisions of the Policy were developed as a
				  result of extensive input received from key stakeholders during a negotiated
				  policy dialogue. The CSO stakeholders included representatives from States,
				  environmental groups, municipal organizations and others. The negotiated
				  dialogue was conducted during the Summer of 1992 by the Office of Water and the
				  Office of Water's Management Advisory Group. The enforcement initiatives,
				  including one which is underway to address CSOs during dry weather, were
				  developed by EPA's Office of Water and Office of Enforcement.
EPA issued a Notice of Availability on the draft CSO Control
				  Policy on January 19, 1993, (58 FR 4994) and requested comments on the draft
				  Policy by March 22, 1993. Approximately forty-one sets of written comments were
				  submitted by a variety of interest groups including cities and municipal
				  groups, environmental groups, States, professional organizations and others.
				  All comments were considered as EPA prepared the Final Policy. The public
				  comments were largely supportive of the draft Policy. EPA received broad
				  endorsement of and support for the key principles and provisions from most
				  commenters. Thus, this final Policy does not include significant changes to the
				  major provisions of the draft Policy, but rather, it includes clarification and
				  better explanation of the elements of the Policy to address several of the
				  questions that were raised in the comments. Persons wishing to obtain copies of
				  the public comments or EPA's summary analysis of the comments may write or call
				  the EPA contact person.
The CSO Policy represents a comprehensive national strategy
				  to ensure that municipalities, permitting authorities, water quality standards
				  authorities and the public engage in a comprehensive and coordinated planning
				  effort to achieve cost effective CSO controls that ultimately meet appropriate
				  health and environmental objectives. The Policy recognizes the site-specific
				  nature of CSOs and their impacts and provides the necessary flexibility to
				  tailor controls to local situations. Major elements of the Policy ensure that
				  CSO controls are cost effective and meet the objectives and requirements of the
				  CWA.
The major provisions of the Policy are as follows.
CSO permittees should immediately undertake a process to
				  accurately characterize their CSS and CSO discharges, demonstrate
				  implementation of minimum technology-based controls identified in the Policy,
				  and develop long-term CSO control plans which evaluate alternatives for
				  attaining compliance with the CWA, including compliance with water quality
				  standards and protection of designated uses. Once the long-term CSO control
				  plans are completed, permittees will be responsible to implement the plans'
				  recommendations as soon as practicable.
State water quality standards authorities will be involved in
				  the long-term CSO control planning effort as well. The water quality standards
				  authorities will help ensure that development of the CSO permittees' long-term
				  CSO control plans are coordinated with the review and possible revision of
				  water quality standards on CSO-impacted waters.
NPDES authorities will issue/reissue or modify permits, as
				  appropriate, to require compliance with the technology-based and water
				  quality-based requirements of the CWA. After completion of the long-term CSO
				  control plan, NPDES permits will be reissued or modified to incorporate the
				  additional requirements specified in the Policy, such as performance standards
				  for the selected controls based on average design conditions, a
				  post-construction water quality assessment program, monitoring for compliance
				  with water quality standards, and a reopener clause authorizing the NPDES
				  authority to reopen and modify the permit if it is determined that the CSO
				  controls fail to meet water quality standards or protect designated uses. NPDES
				  authorities should commence enforcement actions against permittees that have
				  CWA violations due to CSO discharges during dry weather. In addition, NPDES
				  authorities should ensure the implementation of the minimum technology-based
				  controls and incorporate a schedule into an appropriate enforceable mechanism,
				  with appropriate milestone dates, to implement the required long-term CSO
				  control plan. Schedules for implementation of the long-term CSO control plan
				  may be phased based on the relative importance of adverse impacts upon water
				  quality standards and designated uses, and on a permittee's financial
				  capability.
EPA is developing extensive guidance to support the Policy
				  and will announce the availability of the guidances and other outreach efforts
				  through various means, as they become available. For example, EPA is preparing
				  guidance on the nine minimum controls, characterization and monitoring of CSOs,
				  development of long-term CSO control plans, and financial capability.
Permittees will be expected to comply with any existing
				  CSO-related requirements in NPDES permits, consent decrees or court orders
				  unless revised to be consistent with this Policy.
The policy is organized as follows:
I.
Introduction
A.
Purpose and Principles
B.
Application of Policy
C.
Effect on Current CSO Control Efforts
D.
Small System Considerations
E.
Implementation Responsibilities
F.
Policy Development
II.
EPA Objectives for Permittees
A.
Overview
B.
Implementation of the Nine Minimum
						  Controls
C.
Long-Term CSO Control Plan
1.
Characterization, Monitoring, and Modeling
						  of the Combined
Sewer Systems
2.
Public Participation
3.
Consideration of Sensitive Areas
4.
Evaluation of Alternatives
5.
Cost/Performance Consideration
6.
Operational Plan
7.
Maximizing Treatment at the Existing POTW
						  Treatment Plant
8.
Implementation Schedule
9.
Post-Construction Compliance Monitoring
						  Program
III.
Coordination With State Water Quality
						  Standards
A.
Overview
B.
Water Quality Standards Reviews
IV.
Expectations for Permitting
						  Authorities
A.
Overview
B.
NPDES Permit Requirements
1.
Phase I Permits--Requirements for
						  Demonstration of the Nine
Minimum Controls and Development of the Long-Term
						  CSO
Control Plan
2.
Phase II Permits--Requirements for
						  Implementation of a
Long-Term CSO Control Plan
3.
Phasing Considerations
V.
Enforcement and Compliance
A.
Overview
B.
Enforcement of CSO Dry Weather Discharge
						  Prohibition
C.
Enforcement of Wet Weather CSO
						  Requirements
1.
Enforcement for Compliance With Phase I
						  Permits
2.
Enforcement for Compliance With Phase II
						  Permits
D.
Penalties
List of Subjects in 40 CFR Part 122
Water pollution control
Authority: Clean Water Act,
						  33 U.S.C.
						  1251 et seq
Dated: April 8, 1994
Carol M. Browner, Administrator
Combined Sewer Overflow (CSO) Control Policy
I. Introduction
A. Purpose and Principles
The main purposes of this Policy are to elaborate on EPA's
				  National Combined Sewer Overflow (CSO) Control Strategy published on September
				  8, 1989 at 54 FR 37370 (1989 Strategy) and to expedite compliance with the
				  requirements of the Clean Water Act (CWA). While implementation of the 1989
				  Strategy has resulted in progress toward controlling CSOs, significant water
				  quality risks remain.
A combined sewer system (CSS) is a wastewater collection
				  system owned by a State or municipality (as defined by section 502(4) of the
				  CWA) which conveys sanitary wastewaters (domestic, commercial and industrial
				  wastewaters) and storm water through a single-pipe system to a Publicly Owned
				  Treatment Works (POTW) Treatment Plant (as defined in
				  40
				  CFR 403.3(p) ). A CSO is the
				  discharge from a CSS at a point prior to the POTW Treatment Plan. CSOs are
				  point sources subject to NPDES permit requirements including both
				  technology-based and water quality-based requirements of the CWA. CSOs are not
				  subject to secondary treatment requirements applicable to POTWs.
CSOs consist of mixtures of domestic sewage, industrial and
				  commercial wastewaters, and storm water runoff. CSOs often contain high levels
				  of suspended solids, pathogenic microorganisms, toxic pollutants, floatables,
				  nutrients, oxygen-demanding organic compounds, oil and grease, and other
				  pollutants. CSOs can cause exceedances of water quality standards (WQS). Such
				  exceedances may pose risks to human health, threaten aquatic life and its
				  habitat, and impair the use and enjoyment of the Nation's waterways.
This Policy is intended to provide guidance to permittees
				  with CSOs, National Pollutant Discharge Elimination System (NPDES) permitting
				  authorities, State water quality standards authorities and enforcement
				  authorities. The purpose of the Policy is to coordinate the planning,
				  selection, design and implementation of CSO management practices and controls
				  to meet the requirements of the CWA and to involve the public fully during the
				  decision making process.
This Policy reiterates the objectives of the 1989
				  Strategy:
1. To ensure that if CSOs
				occur, they are only as a result of wet weather;
2. To bring all wet weather CSO discharge
				points into compliance with the technology-based and water quality-based
				requirements of the CWA; and
3. To
				minimize water quality, aquatic biota, and human health impacts from CSOs.
This CSO Control Policy represents a comprehensive national
				  strategy to ensure that municipalities, permitting authorities, water quality
				  standards authorities and the public engage in a comprehensive and coordinated
				  planning effort to achieve cost-effective CSO controls that ultimately meet
				  appropriate health and environmental objectives and requirements. The Policy
				  recognizes the site-specific nature of CSOs and their impacts and provides the
				  necessary flexibility to tailor controls to local situations. Four key
				  principles of the Policy ensure that CSO controls are cost-effective and meet
				  the objectives of the CWA. The key principles are:
1. Providing clear levels of control that
				would be presumed to meet appropriate health and environmental
				objectives;
2. Providing sufficient
				flexibility to municipalities, especially financially disadvantaged
				communities, to consider the site-specific nature of CSOs and to determine the
				most cost-effective means of reducing pollutants and meeting CWA objectives and
				requirements;
3. Allowing a phased
				approach to implementation of CSO controls considering a community's financial
				capability; and
4. Review and
				revision, as appropriate, of water quality standards and their implementation
				procedures when developing CSO control plans to reflect the site-specific wet
				weather impacts of CSOs.
This Policy is being issued in support of EPA's regulations
				  and policy initiatives. This Policy is Agency guidance only and does not
				  establish or affect legal rights or obligations. It does not establish a
				  binding norm and is not finally determinative of the issues addressed. Agency
				  decisions in any particular case will be made by applying the law and
				  regulations on the basis of specific facts when permits are issued. The
				  Administration has recommended that the 1994 amendments to the CWA endorse this
				  final Policy.