2. Phase I Design
and Construction of Improvements at the Bayview WWTP and to Portions
of the Combined Sewer System
7.
Toledo shall submit for approval by U.S. EPA and Ohio EPA the design
of various Bayview WWTP improvements according to the following
schedule:
(a)
Within twelve months after the entry of this Consent Decree, Toledo
shall submit the design for improvements to its large pump stations,
including structural and mechanical renovations to the East Side
Pump Station and Bay View Pump Stations; and structural, mechanical
and electrical renovations to the Windermere Pump Station, including
new bar screens and variable frequency drives for two raw sewage
pumps;
(b)
Within fifteen months after the entry of this Consent Decree, Toledo
shall
submit the design for backup power for the secondary system, including
the addition of multiple diesel or gas fired electric generators
with sufficient capacity to run the electric blowers and the activated
sludge process;
(c)
Within twenty-seven months after the entry of this Consent Decree,
Toledo shall submit the design for replacement of the diesel drive
blowers in the Mechanical Equipment Building with electric motor
driven blowers. This will include structural, electrical and mechanical
renovations to the Mechanical Equipment Building, blower controls
and computer control through the plant’s control system;
(d)
Within twenty-four months after the entry of this Consent Decree,
Toledo shall submit the design for an equalization basin, to be
used to capture and store peak wastewater flows and to return the
stored wastewater to the Bayview WWTP for treatment, with a capacity
of no less than sixty million gallons;
(e)
Within fifteen months after the entry of this Consent Decree, Toledo
shall submit the design for an additional secondary clarifier with
the same capacity as Toledo’s existing tank number 12; and
(f)
Within twenty-one months after entry of this Consent Decree (consisting
of twelve months of pilot testing and nine months of design), Toledo
shall submit the design for ballasted flocculation facilities with
a firm design capacity of 185 million gallons per day (128,500 gallons
per minute), a hydraulic loading rate of no more than 60 gallons
per minute per square foot (at the firm design flow of 128,500 gallons
per minute); and appropriate chemical feed and chemical storage
systems, solids handling facilities (under no circumstances may
the solids stream from the facilities be directed back into the
liquid stream at the Bayview WWTP), and automatic, computerized
equipment for system control.
8.
Toledo shall construct, complete and place into operation the following
improvements to the Bayview WWTP in accordance with the following
schedule:
(a)
Within twenty-seven months after approval of the design by U.S.
EPA and Ohio EPA, improvements to the three large pump stations
in accordance with the design approved by U.S. EPA and Ohio EPA
pursuant to Paragraph 7(a);
(b)
Within twenty-four months after approval of the design by U.S. EPA
and Ohio EPA, a backup power source for the secondary system in
accordance with the design approved by U.S. EPA and Ohio EPA pursuant
to Paragraph 7(b);
(c) Within twenty-four months after approval of the design by U.S.
EPA and Ohio EPA, replacement of the blowers in accordance with
the design approved by U.S. EPA and Ohio EPA pursuant to Paragraph
7(c);
(d)
Within thirty months after approval of the design by U.S. EPA and
Ohio EPA, an equalization basin in accordance with the design approved
by U.S. EPA and Ohio EPA pursuant to Paragraph 7(d);
(e)
Within twenty-four months after approval of the design by U.S. EPA
and Ohio EPA, an additional secondary clarifier in accordance with
the design approved by U.S. EPA and Ohio EPA pursuant to Paragraph
7(e);
(f)
Within eighteen months after approval of the design by U.S. EPA
and Ohio EPA, ballasted flocculation facilities in accordance with
the design approved by U.S. EPA and Ohio EPA pursuant to Paragraph
7(f);
(g)
By October 10, 2001, modifications to the plant’s skimming
tanks in accordance with Ohio EPA Permit to Install No. 03-12308;
(h)
Within thirty-six months of the entry of this Consent Decree, secondary
renovations, including the renovation of the existing eleven final
tanks, replacement of electrical and control equipment for final
tanks seven through eleven, construction of a new secondary control
house, replacement of valve actuators on all aeration tanks, concrete
repairs to all aeration tanks and final tanks, new channel air diffusers,
piping and flow meters, and modification to secondary lighting;
and
(i) improvements to the Woodsdale, LaGrange, Parkside, Maumee and
Columbus CSO systems consisting of sewer separation and/or inflow/infiltration
removals that will eliminate or reduce wet weather flow to the Bayview
WWTP from these combined sewer areas.
9.
Within twelve months of the entry of this Consent Decree, Toledo
shall submit to U.S. EPA and Ohio EPA, for approval, a work plan
for conducting a two year study (“Ballasted Flocculation Study”)
of the effectiveness of the ballasted flocculation facilities constructed
pursuant to Paragraph 8(f). The study shall commence immediately
after construction of the ballasted flocculation facilities and
shall include, but not be limited to, an analysis of: (a) the effectiveness
of those facilities at removing suspended solids, carbonaceous biochemical
oxygen demand (or biochemical oxygen demand), total Kjeldahl nitrogen
(TKN) and ammonia; (b) any difficulties encountered in or limitations
involved with using those facilities over a range of flow conditions,
chemical feed rates and other operational control parameters; and
(c) measures that Toledo has taken to optimize use of those facilities.
10.
Upon approval by U.S. EPA and Ohio EPA of the work plan submitted
in accordance with Paragraph 9, Toledo shall commence the study
in accordance with the approved work plan and schedule set forth
in the approved work plan.
11.
Within sixty (60) days after completion of the Ballasted Flocculation
Study, Toledo shall submit a written report to U.S. EPA and Ohio
EPA, for approval, which contains the results of the study.
12.
Toledo currently anticipates that it will spend approximately $157,000,000
to complete the Bayview WWTP improvements required by this Section
V.B and that, as a result of these improvements, Toledo intends
to provide full biological treatment to approximately 99.5% of all
flows received at the Bayview WWTP in a typical year and that the
remaining 0.5% of flows at the Bayview WWTP will receive treatment
from Toledo’s ballasted flocculation facilities and disinfection
(as required by Toledo’s Current Permit) and dechlorination
(if applicable) prior to discharge.
C.
Long Term Control Plan
Toledo
shall develop a Long Term Control Plan for insuring that Toledo’s
CSOs comply with the requirements of Toledo’s Current Permit,
the Clean Water Act and the objectives of U.S. EPA’s April
19, 1994 “Combined Sewer Overflow (CSO) Policy.” To
develop the Long Term Control Plan, Toledo shall develop and implement
the following in accordance with this Section V.C: a public and
regulatory agency participation plan; a flow characterization study;
a water quality study; a hydraulic model; and a water quality model.
13.
Prior to completion of the work required by this Section V.B, Toledo
is prohibited from discharging flows from the Bayview WWTP as follows:
(a) flows from the 001 outfall that have not been treated by the
WWTP’s secondary aeration basins and secondary clarifiers
during any twenty-four hour period when the effluent flow rate from
outfall 001 has not exceeded 170 million gallons per day for at
least one entire hour during the twenty-four hour period; and
(b) flows from the 002 outfall during any twenty-four hour period
when the effluent flow rate from outfall 001 has not exceeded 170
million gallons per day for at least one entire hour during that
24-hour period.
14.
Upon completion of the work required by this Section V.B, Toledo
is prohibited from discharging flows from the Bayview WWTP as follows:
(a) flows from the 001 outfall that have not been treated by the
WWTP’s secondary aeration basins and secondary clarifiers
during any twenty-four hour period when the effluent flow rate from
outfall 001 has not exceeded 195 million gallons per day for at
least one entire hour during the twenty-four hour period; and
(b)
flows from the 002 outfall during any twenty-four hour period when
the effluent flow rate from outfall 001 has not exceeded 400 million
gallons per day for at least one entire hour during that 24-hour
period.
15.
Following completion of construction of the ballasted flocculation
facilities as required by Paragraph 8(f), Toledo’s wastewater
as measured at sampling locations 001 or 602 (as defined in Paragraphs
58(a) and (b) of this Consent Decree) shall not contain suspended
solids or CBOD5 levels in excess of the effluent limitations specified
for those parameters in Table 1 in this Consent Decree, and the
critical pH levels, as measured at sampling locations 001 or 602
shall not be greater than the maximum levels and/or are less than
the minimum levels set forth in Table 1.
16.
Public and Regulatory Agency Participation Plan
Within
thirty (30) days after entry of this Consent Decree, Toledo shall
submit to U.S. EPA and Ohio EPA, for approval, a plan for insuring
that there is ample public participation, and ample participation
by U.S. EPA and Ohio EPA, throughout all stages of Toledo’s
development of its Long Term Control Plan. The plan shall include,
at a minimum, a description of the measures that Toledo will take
to make the information it develops in the course of the planning
process available to the public for review and to solicit public
opinion on Toledo’s development of the Long Term Control Plan,
a schedule for holding transcribed public hearings at meaningful
times during the planning process to provide the public with that
information and to solicit information from the public regarding
the components of the Long Term Control Plan. The plan shall describe
how Toledo will take public opinion and information provided by
the public into account as Toledo develops its Long Term Control
Plan. The plan shall also set forth measures that Toledo will take
to insure that U.S. EPA and Ohio EPA are kept informed of Toledo’s
progress in developing its Long Term Control Plan. These measures
shall include scheduling periodic meetings with U.S. EPA and Ohio
EPA at meaningful times during the planning process.
17.
Upon approval by U.S. EPA and Ohio EPA of the plan submitted in
accordance with Paragraph 16, Toledo shall implement the plan.
18.
Flow Characterization Study
Within
thirty (30) days after entry of this Consent Decree, Toledo shall
submit to U.S. EPA and Ohio EPA, for approval, a work plan for conducting
a study (the “Flow Characterization Study”) to characterize
flows in Toledo’s Combined Sewer System and at the Bayview
WWTP to facilitate the calibration and validation of the Hydraulic
Model (required pursuant to Paragraphs 26-27) and the Water Quality
Model (required pursuant to Paragraphs 28-29), and to be used in
developing the Long Term Control Plan (required pursuant to Paragraphs
30-34). The Flow Characterization Study shall involve verifying
existing and/or collecting additional physical attribute data about
Toledo’s Combined Sewer System; monitoring CSO and WWTP flows
and flows within Toledo’s Sewer System; and monitoring groundwater
and rainfall at locations throughout the Sewer System and at the
WWTP. The study should incorporate existing monitoring data. The
work plan shall include a schedule for performing and completing
the study within one year after approval of such work plan. At a
minimum, the study shall include (and so the work plan shall describe
how Toledo’s study will accomplish) the following:
(a)
CSO flow and pollutant monitoring consistent with
the CSO flow and pollutant monitoring described in the “Requirements
Imposed Pursuant to Section 308(a) of the Clean Water Act”
issued by U.S. EPA on September 30, 1999. (Attachment 1);
(b)
Additional monitoring necessary to assure that, in conjunction with
existing monitoring information and the monitoring information generated
in accordance with subparagraph 18(a), Toledo has adequate data
to facilitate the calibration and validation of the Hydraulic Model
(required pursuant to Paragraphs 26-27) and the Water Quality Model
(required pursuant to Paragraphs 28-29), and to be used in developing
the Long Term Control Plan (required pursuant to Paragraphs 30-34).
This additional monitoring data shall include flow monitoring, using
permanent or temporary flow monitoring equipment: (i) at additional
CSO outfalls; (ii) within the interceptors in Toledo’s Combined
Sewer System; (iii) at the WWTP; and (iv) other key portions of
the Combined and Separate Sewer Systems that hydraulically influence
CSO outfalls.
(c)
rainfall monitoring in locations sufficient to provide coverage
throughout Toledo’s service area and in a manner that provides
sufficient data to accurately determine localized rain patterns.
(d)
development of digitized map(s) which: (i) illustrate the configuration
and location of all major trunk sewers, force mains, interceptors,
pump stations, siphons and other major appurtenances (and, to the
extent practical, include the size of the sewers so mapped) and
(ii) indicate the locations of all prior and proposed monitoring.
(e) development of schematic(s) which illustrate the hydraulic relationship
between all of the major components of the Sewer System mentioned
above in subparagraph (d);
(f)
a summary of existing CSO, river level, flow, WWTP, rainfall and
groundwater level monitoring data and a description of all additional
monitoring that must be carried out in order to assure that sufficient
data exists to adequately support development of the Hydraulic Model
(required pursuant to Paragraphs 26-27), the Water Quality Model
(required pursuant to Paragraphs 28-29), and the Long Term Control
Plan (required pursuant to Paragraphs 30-34); and a description
of the steps Toledo will take to obtain that additional data;
(g)
a description of the data management system that will organize,
analyze, and report all existing data to be utilized and all of
the data that Toledo will be collecting in accordance with the Flow
Characterization Study;
(h)
a description of the quality assurance and quality control program
Toledo will follow to ensure the accuracy and reliability of data
collected in accordance with this Flow Characterization Study;
(i)
a description of the amount and type of rainfall, flow, groundwater
and hydraulic grade line data that Toledo will collect, including
dry and wet weather monitoring, and minimum criteria (e.g., rainfall
amounts and intensities) for wet weather events;
(j) an evaluation of the adequacy, completeness and accuracy of
available Sewer System and WWTP attribute data (e.g., pipe diameters,
pipe segment lengths, invert elevations, pipe interior roughness
coefficients) to support development of the Hydraulic Model (required
pursuant to Paragraphs 26-27), the Water Quality Model (required
pursuant to Paragraphs 28-29), and the Long Term Control Plan (required
pursuant to Paragraphs 30-34), and a description of the steps Toledo
will take to obtain any necessary additional data and/or to verify
the accuracy of existing data; and
(k)
a schedule for the expeditious installation of CSO, WWTP, flow,
groundwater level, and rainfall monitoring equipment; a schedule
for the expeditious completion of all monitoring activities; a schedule
for the expeditious completion of all physical attribute data collection
activities; and a schedule for the expeditious completion and submission
of the Flow Characterization Report, pursuant to the requirements
of Paragraph 20.
19.
Upon approval by U.S. EPA and Ohio EPA of the work plan submitted
in accordance with Paragraph 18, Toledo shall commence the Flow
Characterization Study in accordance with the approved work plan
and schedule set forth in the approved work plan.
20.
Within thirty (30) days after completion of the Flow Characterization
Study, Toledo shall submit a written report (the “Flow Characterization
Report”) to U.S. EPA and Ohio EPA, for approval, which (a)
demonstrates that Toledo performed the Flow Characterization Study
in accordance with the approved work plan and schedule set forth
in the approved work plan, (b) provides the results of the Flow
Characterization Study including, but not limited to, (i) the digitized
map(s) and schematics described above in Paragraphs 18(d) and (e);
(ii) a detailed description of all CSO, WWTP, flow, groundwater
level and rainfall monitoring carried out; and (iii) a summary of
existing data that Toledo will use to support development of the
Hydraulic Model (required pursuant to Paragraphs 26-27), the Water
Quality Model (required pursuant to Paragraphs 28-29) and the Long
Term Control Plan (required pursuant to Paragraphs 30-34); and the
data collected in the Flow Characterization Study.
21. Upon receipt of U.S. EPA’s/Ohio EPA’s final approval
of the Flow Characterization Report, Toledo shall utilize the collected
data to complete the development of the Hydraulic Model (required
pursuant to Paragraphs 26-27), the Water Quality Model (required
pursuant to Paragraphs 28-29), and the Long Term Control Plan (required
pursuant to Paragraphs 30-34).
22.
Water Quality Study
Within
thirty (30) days after entry of this Consent Decree, Toledo shall
submit to U.S. EPA and Ohio EPA, for approval, a work plan for conducting
a study (“Water Quality Study”) to characterize the
water quality of the receiving streams into which Toledo’s
CSOs discharge. The Water Quality Study is to be used to facilitate
the calibration and validation of the Water Quality Model (required
pursuant to Paragraphs 28-29) and to be used in developing the Long
Term Control Plan (required pursuant to Paragraphs 30-34). The Water
Quality Study shall incorporate the results of water quality monitoring
and modeling efforts previously carried out by Toledo. The work
plan shall include a schedule for performing and completing the
Water Quality Study within one year after approval of such work
plan. At a minimum, the Water Quality Study shall include (and so
the work plan shall describe how Toledo’s study will accomplish)
the following:
(a)
Water quality monitoring consistent with the water quality monitoring
described in the “Requirements Imposed Pursuant to Section
308(a) of the Clean Water Act” issued by U.S. EPA on September
30, 1999. (Attachment 1);
(b)
Water quality monitoring and sediment oxygen demand characterization
necessary to determine the impact that CSO discharges are having
on dissolved oxygen levels throughout the Ottawa River and the Swan
Creek. The monitoring shall include monitoring to determine dissolved
oxygen levels immediately upstream and in appropriate locations
downstream of CSOs that discharge into the Ottawa River and the
Swan Creek, both during wet and dry weather; and monitoring necessary
to characterize sediment oxygen demand in appropriate locations
in the Ottawa River and the Swan Creek;
(c)
A summary of existing water quality monitoring data and modeling
efforts and a description of how the existing data and additional
monitoring to be carried out shall together adequately support development
of the Water Quality Model (required pursuant to Paragraphs 28-29)
and the Long Term Control Plan (required pursuant to Paragraphs
30-34);
(d)
a description of the data management system that will organize,
analyze, and report all of the data that Toledo will be utilizing
as part of this Water Quality Study;
(e)
a description of the quality assurance and quality control program
Toledo will follow to ensure the accuracy and reliability of data
collected in accordance with this Water Quality Study; and
(f)
a schedule for the expeditious completion of all monitoring activities;
and a schedule for the expeditious completion and submission of
the Water Quality Study Report, pursuant to the requirements of
Paragraph 24.
23.
Upon approval by U.S. EPA and Ohio EPA of the work plan submitted
in accordance with Paragraph 22, Toledo shall commence the Water
Quality Study in accordance with the approved work plan and schedule
set forth in the approved work plan.
24.
Within thirty (30) days after completion of the Water Quality Study,
Toledo shall submit a written Water Quality Study Report to U.S.
EPA and Ohio EPA, for approval, which (a) demonstrates that Toledo
performed the Water Quality Study in accordance with the approved
work plan and schedule set forth in the approved plan, (b) provides
the results of the Water Quality Study including, but not limited
to: (i) a detailed description of all monitoring carried out; (ii)
a summary of existing data that Toledo will use to support development
of the Water Quality Model (required pursuant to Paragraphs 28-29)
and the Long Term Control Plan (required pursuant to Paragraphs
30-34); and (iii) a summary of the data collected in the Water Quality
Study.
25.
Upon receipt of U.S. EPA’s/Ohio EPA’s final approval
of the Water Quality Study Report, Toledo shall utilize the collected
data to complete the development of the Water Quality Model (required
pursuant to Paragraphs 28-29) and the Long Term Control Plan (required
pursuant to Paragraphs 30-34).
26.
Hydraulic Model
Within
thirty (30) days after entry of this Consent Decree, Toledo shall
submit to U.S. EPA and Ohio EPA, for approval, a work plan for developing
a hydraulic model of Toledo’s Combined Sewer System (“Hydraulic
Model”) to be used, in conjunction with the Water Quality
Model (required pursuant to Paragraphs 28-29) for use in developing
the Long Term Control Plan (required pursuant to Paragraphs 30-34).
The Hydraulic Model shall also be used in the development and implementation
of operation and maintenance procedures and to establish priorities
for, and evaluate the impacts of, proposed system modifications
and upgrades. At a minimum, the Hydraulic Model shall be capable
of (i) predicting stormwater flows generated by various wet weather
events in combined areas; (ii) predicting the hydraulic grade lines,
volume and flow rates of wastewater in force mains and gravity sewer
lines; (iii) predicting the hydraulic pressure and flow of wastewater
at any point in force mains throughout the Combined Sewer System;
(iv) predicting the flow capacity of each pump station (Toledo may
elect to perform manual calculations in lieu of utilizing the Model
to evaluate pump station capacity); (v) predicting the flow capacity
of gravity sewer lines; (vi) predicting the peak flows during wet
weather and dry weather conditions for pump stations and gravity
sewer lines; (vii) predicting the likelihood, location, duration
and volume of discharge from each CSO for a variety of storm events
(of varying durations and return frequencies); and (viii) developing
wet weather hydrographs for the separate sewer areas that are tributary
to the Combined Sewer System. These storms shall include, but not
be limited to, the most critical storm(s) having a ten year return
frequency, and duration of between 1 hour and 24 hours. The hydrographs
shall be developed for various storm recurrence intervals and shall
be combined with baseline wastewater flow and routed through gravity
sewer lines, pump stations, force mains, regulators and interceptors
by the Model. The Model shall include methods for estimating wastewater
flow, groundwater infiltration, and rain induced infiltration and
inflow (“I/I”). The hydrographs shall be developed using
historical flow and rainfall data and data collected by Toledo during
the Flow Characterization Study (required pursuant to Paragraphs
18-20). The work plan for developing the Hydraulic Model shall include:
(a)
a description of the Hydraulic Model;
(b)
specific attributes, characteristics, and limitations of the Hydraulic
Model;
(c)
identification of all input parameters, constants, assumed values,
and expected outputs;
(d)
a digitized map(s) that identifies and characterizes the portions
(including the specific gravity sewer lines) of the Sewer System
that shall be included in the Hydraulic Model;
(e)
identification of input data to be used;
(f) configuration of the Hydraulic Model;
(g)
procedures and protocols for performance of sensitivity analyses
(i.e., how the Hydraulic Model responds to changes in input parameters
and variables);
(h)
procedures for calibrating the Hydraulic Model to account for values
representative of the Sewer System and WWTP using actual system
and WWTP data (e.g., flow data);
(i)
procedures to verify the Hydraulic Model’s performance using
actual system and WWTP data (e.g., flow data);
(j)
procedures for modeling wet weather flows from separate sewer areas;
(k)
how representative values of the Hydraulic Model’s constant
values shall be determined by tests conducted in Toledo’s
Sewer System and WWTP; and
(l)
an expeditious schedule for the development and utilization of the
Hydraulic Model.
27.
Upon approval by U.S. EPA and Ohio EPA of the work plan submitted
in accordance with Paragraph 26, Toledo shall develop and utilize
the Hydraulic Model in accordance with the schedule included in
the approved work plan.
28.
Water Quality Model
Within
thirty (30) days after entry of this Consent Decree, Toledo shall
submit to U.S. EPA and Ohio EPA, for approval, a work plan for developing
a water quality model (the “Water Quality Model”) to
be used, in conjunction with the Hydraulic Model (required pursuant
to Paragraphs 26-27) in developing the Long Term Control Plan (required
pursuant to Paragraphs 30-34). At a minimum, the Water Quality Model
shall be capable of (a) accurately modeling water quality in the
Ottawa River, Swan Creek, and the Maumee River under existing and
future predicted conditions, during an appropriate range of both
dry and wet weather conditions, and across an appropriate range
of river flows; (b) assessing the impacts on water quality (both
absolute and relative to other sources) of CSOs under the aforementioned
ranges of conditions; and (c) assessing the changes in CSO impact
which will be expected to occur following implementation of the
various CSO control measures that Toledo evaluates in developing
its Long Term Control Plan (required pursuant to Paragraphs 30-34).
The work plan for developing the Water Quality Model shall include:
(a)
a description of the Water Quality Model;
(b)
specific attributes, characteristics, and limitations of the Water
Quality Model;
(c)
identification of all input parameters, constants, assumed values,
and expected outputs;
(d)
identification of input data to be used;
(e)
configuration of the Water Quality Model;
(f)
procedures and protocols for performance of sensitivity analyses
(i.e., how the Water Quality Model responds to changes in input
parameters and variables);
(g)
procedures for calibrating the Water Quality Model to account for
values representative of the receiving streams using actual water
quality monitoring data;
(h)
procedures to verify the Water Quality Model’s performance
using actual water quality monitoring data; and
(i) an expeditious schedule for the development and implementation
of the Water Quality Model.
29.
Upon approval by U.S. EPA and Ohio EPA of the work plan submitted
in accordance with Paragraph 28, Toledo shall implement the Water
Quality Model in accordance with the schedule included in the approved
work plan.
30.
Long Term Control Plan
Within
thirty (30) days after entry of this Consent Decree, Toledo shall
submit to U.S. EPA and Ohio EPA, for approval, a work plan for developing
a long term control plan (the “Long Term Control Plan”)
for insuring that Toledo’s CSOs comply with the requirements
of Toledo’s Current Permit, the Clean Water Act and the objectives
of U.S. EPA’s April 19, 1994 “Combined Sewer Overflow
(CSO) Policy.” The work plan shall include a schedule for
completing development of the Long Term Control Plan within thirty
months after approval by U.S. EPA and Ohio EPA of the work plan.
At a minimum, the Long Term Control Plan shall include (and so the
work plan shall describe how Toledo’s development of the Long
Term Control Plan will accomplish) the following:
(a) an assessment of the costs, effectiveness (in terms of pollutant
loading reductions, regardless of water quality impacts) and water
quality benefits of a wide range of alternatives for eliminating
or reducing and treating CSOs. Toledo shall use the results of the
Flow Characterization Study (performed in accordance with the requirements
of Paragraphs 18-20), the results of the Water Quality Study (performed
in accordance with the requirements of Paragraphs 22-24), the Hydraulic
Model (developed pursuant to the requirements of Paragraphs 26-27)
and the Water Quality Model (developed pursuant to the requirements
of Paragraphs 28-29) in performing this assessment. The alternatives
that shall be considered include taking no-action (other than the
improvements required by Section V.B); complete sewer separation;
separation of specific portions of the combined system; various
sizes of storage basins or tunnels at locations throughout the collection
system; construction of additional facilities (such as high rate
treatment or ballasted flocculation facilities) for providing primary
treatment or advanced primary treatment to CSOs; construction of
additional facilities for providing disinfection and dechlorination
of CSOs; construction of facilities for removing floatables from
CSOs; construction of relief sewers; relocation of CSOs; implementation
of pretreatment measures to reduce flows and or pollutants discharged
into the collection system from industrial users; and construction
and/or implementation of combinations of these alternatives. The
United States Environmental Protection Agency’s “Combined
Sewer Overflows Guidance for Long-Term Control Plan,” (“Guidance
for LTCP”) provides Guidance on performing alternatives analyses.
This assessment shall include:
(i)
An evaluation of a range of “sizes” of each alternative
that will reduce the number of untreated CSOs down to a range of
numbers of overflows per CSO outfall (such as 0, 1-3, 4-7 and 8-12).
(ii) An evaluation of the “Project Costs,” as that term
is described on pages 3-49 through 3-51 of the United States Environmental
Protection Agency’s “Combined Sewer Overflows Guidance
for Long-Term Control Plan,” (“Guidance for LTCP”)
for each alternative, or mix of alternatives, that Toledo has evaluated.
The determination of Project Costs shall include: (a) the total
“project costs” for each alternative or mix of alternatives,
and a break down of the “capital costs,” “annual
O & M costs,” and “life cycle costs” which
went into calculating the total “project costs” for
each alternative or mix of alternatives; and (b) the “project
costs” for each separate component of each alternative or
mix of alternatives, and a break down of the “capital costs,”
“annual O & M costs,” and “life cycle costs”
which went into calculating the “project costs” for
each separate component of each alternative or mix of alternatives.
The terms “capital costs,” “annual O & M costs,”
and “life cycle costs” are described on pages 3-49 through
3-51 of the Guidance for LTCP.
(iii)
An evaluation of Toledo’s financial capability to fund all
improvements that have been considered. This evaluation shall include
an evaluation of:
i.
Median household income/total project cost per household;
ii.
Per capita debt as a percent of full market property value;
iii.
Property tax revenues as a percent of full market property value;
iv.
Property tax collection rate;
v.
Unemployment;
vi.
Bond rating;
vii.
Grant and loan availability;
viii.
Current and projected residential, commercial and industrial user
fees;
ix.
Other viable funding mechanisms and sources of financing; and
24.
Other factors which Toledo believes are important for this financial
evaluation.
(iv) An analysis of the water quality impacts of each alternative
or mix of alternatives that are being considered. This analysis,
which shall utilize the results of the Water Quality Study (performed
in accordance with the requirements of Paragraphs 22-24) and the
Water Quality Model (developed in accordance with the requirements
of Paragraphs 28-29), shall include an analysis of the reductions
in BOD5, suspended solids, fecal coliform, any pollutant parameters
that the Water Quality Characterization determined are exceeding
or approaching the State of Ohio’s water quality criteria
for those parameters in the Maumee River, Ottawa River or Swan Creek,
and effluent toxicity that will result from implementation of each
alternative; as well as an analysis of the impacts to the pollutant
and dissolved oxygen levels in the receiving streams that will result
from each alternative or mix of alternatives.
(v) An analysis of the impact that each alternative or mix of alternatives
will have on the peak instantaneous and sustained flows to the Bayview
WWTP for a variety of storm events of varying durations and return
frequencies, including, but not limited to, the most critical storm
having a ten-year return frequency and duration of between one and
twenty-four hours.
(vi)
“Knee of the curve” cost-performance analyses of the
range of options that are being considered that will allow for the
comparison of the costs per unit of measure (in mass) of pollutants
removed from the discharge for each of the alternatives that are
being considered
(b)
Identification and selection of additional remedial measures (the
“Long Term Control Plan”) that are necessary to insure
that Toledo’s CSOs comply with the requirements of Toledo’s
Current Permit, including, but not limited to, any specific or general
water quality or technology based effluent limitations applicable
to Toledo’s CSOs, the Clean Water Act and the CSO Policy.
310
Upon approval by U.S. EPA and Ohio EPA of the work plan submitted
in accordance with Paragraph 30, Toledo shall commence development
of the Long Term Control Plan in accordance with the schedule and
terms set forth in the approved work plan. Development of the Long
Term Control Plan shall be consistent with the terms of this Consent
Decree, the CSO Policy and the Clean Water Act.
320
Within thirty (30) days after completion of development of the Long
Term Control Plan, Toledo shall submit a written report (the “Long
Term Control Plan Report”) to U.S. EPA and Ohio EPA, for approval,
which incorporates the Long Term Control Plan and explains what
steps Toledo took to comply with its Public and Regulatory Agency
Participation Plan (required pursuant to Paragraphs 16-17), including
how (if at all) Toledo took information provided by the public into
account in developing its Long Term Control Plan; and which demonstrates
that Toledo developed its Long Term Control Plan in accordance with
the work plan and schedule set forth in the approved work plan and
provides the results of the work Toledo performed in developing
the Long Term Control Plan including, but not limited to:
(a)
All of the information described in Paragraph 30 pertaining to Toledo’s
assessment of the costs, effectiveness, and water quality benefits
of alternatives for eliminating or reducing and treating CSOs;
(b) Identification and selection of additional remedial measures
that are necessary to insure that Toledo’s CSOs comply with
the requirements of Toledo’s Current Permit, including, but
not limited to, any specific or general water quality or technology
based effluent limitations and conditions applicable to Toledo’s
CSOs, the Clean Water Act and the CSO Policy; and
(c)
As expeditious a schedule as possible for design, construction and
implementation of all measures described in Paragraph 32(b). If
it is not possible for Toledo to design and construct all measures
simultaneously, Toledo shall develop a phased schedule based on
the relative importance of each measure, with highest priority being
given to eliminating discharges to sensitive areas and then to those
projects which most reduce the discharge of pollutants. The schedule
shall specify critical construction milestones for each specific
measure, including, at a minimum, deadlines for: (i) submission
of applications for all permits required by law, such as State of
Ohio permits to install; (ii) commencement of construction; (iii)
completion of construction; (iv) commencement of operation; and
(v) achievement of full operation. The schedule also shall include
a deadline for the completion of all construction and full implementation
of all measures under the Long Term Control Plan, which must be
as early as possible but in no event later than August 31, 2016.
330
Upon approval by U.S. EPA and Ohio EPA of the report submitted in
accordance with Paragraph 32, the Long Term Control Plan shall be
incorporated into this Consent Decree and Toledo shall implement
the Long Term Control Plan in accordance with the schedule included
in the approved Long Term Control Plan.
340
Upon completion of all construction and full implementation of all
measures under the Long Term Control Plan, Toledo’s CSOs shall
comply with the requirements of Toledo’s Current Permit, including,
but not limited to, any specific or general water quality or technology
based effluent limitations applicable to Toledo’s CSOs, the
Clean Water Act and the CSO Policy.
350 Toledo currently anticipates that it will spend $236,000,000
to complete the CSO improvements required by Sections V.B and V.C.
D. Elimination of SSDs
360
Toledo shall take the following measures, which are generally consistent
with the Ohio EPA’s Director’s Final Findings and Orders
(the “SSD DFFO”) issued to Toledo on June 23, 1999,
to eliminate all SSDs by November 1, 2006:
(a)
In accordance with the SSD DFFO, Toledo has completed intensive
sewer cleaning to eliminate root intrusions and grease accumulations,
correct deficiencies of the 116th Street interceptor sewer which
runs from Summit Street west to 290th Street, constructed a relief
pump station at Manhattan Boulevard, eliminated thirty-two cross-connections
between its storm and sanitary sewer systems, and eliminated the
cross-connection between the Lakeside Avenue sanitary sewer and
the Maumee Bay;
(b) By April 1, 2002, Toledo shall submit to U.S. EPA and Ohio EPA,
for approval, a plan for construction of Phase 2 improvements in
the Point Place area. The plan shall include an analysis of Toledo’s
pilot rehabilitation project as described in the SSD DFFO and the
improvements described above in Paragraph 36(a); a detailed description
of the remediation alternatives that Toledo considered in developing
its Phase 2 plan as described in the SSD DFFO, including information
regarding the costs and effectiveness of each alternative that was
considered; a detailed explanation of why Toledo chose the alternatives
that it chose; and a schedule for construction of the all Phase
2 improvements necessary to eliminate SSDs from the Point Place
area. The schedule shall include (i) submission to Ohio EPA and
U.S. EPA of a complete Permit to Install application package and
detailed plans for necessary Phase 2 improvements by June 1, 2003,
(ii) awarding of contracts for construction of Phase 2 improvements
by November 1, 2003, and (iii) completion of construction of all
improvements necessary to eliminate all SSDs in the Point Place
area by November 1, 2006. Upon approval by U.S. EPA and Ohio EPA,
Toledo shall implement the plan in accordance with the schedule
in the approved plan.
(c)
In accordance with the SSD DFFO, Toledo submitted to Ohio EPA a
report of the results of its flow monitoring study of the sanitary
sewer system contributing to surcharging in the River Road and Midland
Avenue area. The report includes a map indicating flow monitoring
locations, a full description of the project, presentation of the
results of the monitoring, structural and hydraulic problems observed
during the flow monitoring activities, a table ranking each sub-basin
according to its severity of rainfall induced inflow and infiltration,
and a plan for performing a Sanitary Sewer Evaluation Study (“SSES”)
in those sub-basins in which an SSES is warranted based upon the
results of Toledo’s flow monitoring study. The SSES includes
smoke testing, dye testing, televising, and other investigative
techniques as needed to determine causes and potential remedies
for the sewer surcharging in the River Road and Midland Avenue area.
The plan for performing the SSES described in this Paragraph 36(c)
includes a detailed description of the steps that Toledo will take
to perform the SSES and a schedule for performing the SSES, which
includes (i) awarding contracts for the SSES by January 1, 2001,
(ii) completing the SSES by November 1, 2001, and (iii) submission
of a final SSES Report to U.S. EPA and Ohio EPA, for approval, by
January 1, 2002. Toledo shall implement the plan in accordance with
the schedule in the plan for performing the SSES described in this
Paragraph 36(c).
(d) The SSES report required in Paragraph 36(c), above, shall include
a detailed description of the results of the SSES; a detailed description
of all remediation alternatives that Toledo considered in determining
additional remedial measures needed to eliminate SSDs in the River
Road and Midland Avenue area, including information regarding the
costs and effectiveness of each alternative that was considered;
a detailed explanation of why Toledo chose the alternatives that
it chose; and a schedule for construction of the Phase 3 and Phase
4 improvements as described in the SSD DFFO necessary to eliminate
SSDs from the River Road and Midland Avenue area. The schedule shall
include (i) submission to U.S. EPA and Ohio EPA of a complete Permit
to Install application package and detailed plans for necessary
Phase 3 improvements by September 1, 2002; (ii) awarding of contracts
for construction of Phase 3 improvements by February 1, 2003; (iii)
completion of construction of all Phase 3 improvements by June 1,
2004; (iv) submission to U.S. EPA and Ohio EPA of a complete Permit
to Install application package and detailed plans for necessary
Phase 4 improvements by June 1, 2005;
(v) awarding of contracts for construction of Phase 4 improvements
by November 1, 2005; and completion of construction of all improvements
necessary to eliminate all SSDs in the River Road and Midland Avenue
area by November 1, 2006. Upon approval by U.S. EPA and Ohio EPA,
Toledo shall implement the plan in accordance with the schedule
in the approved plan. Toledo currently anticipates that it will
spend between $40,000,000 and $80,000,000 to complete the SSD improvements
required by this Section V.D.
370
Toledo shall eliminate all points where Toledo knows SSDs may occur
by November 1, 2006. Following that date, Toledo shall have no SSDs.
380
Any SSD that occurs prior to November 1, 2006, shall be considered
to be a violation of this Consent Decree if Toledo is out of compliance
with its Sewer System Management, Operation and Maintenance Plan.
E. Separate Sewer System Monitoring And Reporting
390
Within 120 days after entry of this Consent Decree, Toledo shall
submit a Separate Sewer System Monitoring and Reporting Plan to
U.S. EPA and Ohio EPA, for approval, which will assure that Toledo
provides timely and complete notice to Ohio EPA, and other appropriate
Federal, State, and local agencies as required below, of all relevant
information regarding all SSDs:
(a)
Timely notice of SSDs includes at least the following:
(i) Telephonic or electronic reporting of all SSDs to Ohio EPA within
twenty-four (24) hours from the time Toledo becomes aware of such
SSD;
(ii)
Complete written notice (as described in Paragraph 39(b), below)
to Ohio EPA within five (5) days of the time Toledo becomes aware
of the SSD;
(iii)
If Toledo requires more than twenty-four (24) hours to stop a particular
SSD discharge event, submission of a separate written status report
to Ohio EPA every five (5) days until the SSD discharge has ceased;
and
(b)
Complete written notice to Ohio EPA as required by Paragraph 39(a)(ii),
above, shall include at least the following:
(i)
the cause of the SSD (known or suspected causes);
(ii)
estimated volume (if determinable);
(iii)
description of the source (e.g., manhole, pump station);
(iv)
location, by street address or any other appropriate method;
(v) date and duration of event;
(vi)
ultimate destination of the flow (e.g., name of surface water body,
land use location, name of surface water body via municipal separate
storm sewer system [reference location by basin and street address
and/or cross streets]);
(vii)
corrective actions or plans to eliminate future discharges from
the same location;
(viii)
name and title of person reporting the discharge; and
(ix)
weather conditions.
(c)
Toledo shall provide Ohio EPA and the Lucas County Health Department
with written monthly summaries of the information collected pursuant
to this Paragraph 39 within 30 days of the close of the month for
which the report is due.
(d) Toledo shall provide Ohio EPA with quarterly written summaries
of all information in Toledo’s possession pertaining to any
wastewater backups into buildings that occurred during the calendar
quarter for which the summaries are prepared.
400
Toledo shall implement the plan submitted in accordance with Paragraph
39 upon U.S. EPA and Ohio EPA’s approval of that plan.
F. SSD Response Plan
410
Within 120 days after entry of this Consent Decree, Toledo shall
submit an SSD Response Plan to U.S. EPA and Ohio EPA, for approval,
which will assure that Toledo takes appropriate measures to minimize,
to the extent practical, the environmental impacts and potential
human health risks of SSDs. The SSD Response Plan shall include
the following:
(a) procedures to provide timely and appropriate public notice,
including notification through the local news media where appropriate;
(b)
procedures to determine the need to limit public access to areas
impacted by SSDs and procedures for determining when it is appropriate
to no longer limit public access to such areas following halting
of the SSD and implementation of appropriate response measures;
(c)
procedures to limit, as appropriate, public access to and contact
with areas affected by an SSD. The geographic extent and duration
of a public access limitation shall be determined in consultation
and cooperation with the County Health Department, where appropriate;
(d)
procedures to remediate, where appropriate, as expeditiously as
possible, unsanitary conditions near or from the SSD after discharge
from that SSD;
(e)
procedures to ensure the rapid dispatch of personnel and equipment
to correct or repair the condition causing or contributing to any
SSD;
(f)
procedures to ensure the preparedness, including responsiveness
training, of Toledo’s employees and contractors necessary
for the effective implementation of the contingency plan in the
event of any SSD. The program should include coordination with other
agencies as appropriate;
(g)
procedures to minimize the volume of untreated wastewater discharged
during an SSD, including revisions to Toledo’s pretreatment
program; and
(h)
procedures to insure that adequate staff and equipment resources
committed and available to respond to SSDs.
420
Toledo shall implement the plan submitted in accordance with Paragraph
41 upon U.S. EPA and Ohio EPA’s approval of that plan.
G. Industrial Wastewater Release Minimization Plan
430
Within 180 days after entry of this Consent Decree, Toledo shall
submit an Industrial Wastewater Release Minimization Plan to U.S.
EPA and Ohio EPA, for approval, which will demonstrate how Toledo
shall make all practicable efforts to minimize the discharge of
industrial pollutants through CSOs and SSDs. These steps should
include, among others, imposition of Industrial User permit requirements
and cooperative efforts with industries to minimize their discharges
of pollutants during CSO and SSD events, as well as other measures
described in U.S. EPA’s 1995 document entitled Combined Sewer
Overflows–Guidance for Nine Minimum Controls (U.S. EPA, 1995b)
(EPA 832-B-95-003).
440
Toledo shall implement the plan submitted in accordance with Paragraph
43 upon U.S. EPA and Ohio EPA’s approval of that plan.
H. Sewer System Management, Operation and Maintenance Plan
450
Within 180 days after entry of this Consent Decree, Toledo shall
submit a Management, Operation and Maintenance (“MOM”)
Plan to U.S. EPA and Ohio EPA, for approval, which will demonstrate
how Toledo will provide proper management, operation and maintenance
of the gravity sewer lines, force mains, pump/ejector stations,
and other equipment associated with its Sewer System; minimize Sewer
System failures (such as wastewater backups into buildings) and
discharges from the Sewer System; maximize flow to the Bayview WWTP;
and provide maximum possible treatment to all CSOs. The Plan shall
include, but not be limited to, the following:
(a)
physical inspection and testing procedures (CCTV, visual, smoke,
dyed water, and others);
(b) preventative and routine maintenance schedules and procedures
and operating procedures and schedules;
(c)
corrective maintenance;
(d)
schedules for the maintenance of right-of ways (e.g., on-street
and off-street) and easements;
(e)
current staffing, organization, and resource commitments;
(f)
an inventory management system that includes:
(i)
lists of critical equipment and critical spare parts;
(ii)
an inventory of the critical spare parts and critical equipment
stored at Toledo’s facilities and other locations to assure
that they may be secured to allow repairs in a minimal amount of
time to maintain proper operation of Toledo’s Sewer System;
and
(iii)
procedures for maintaining and updating the routine/critical spare
parts and equipment inventories;
(g)
an information system that Toledo shall use to track implementation
of the MOM Program and to calculate management, operation, and maintenance
performance indicators such as:
(i)
the annual linear footage of gravity sewer inspections;
(ii)
the annual linear footage of gravity sewers mechanically cleaned;
(iii)
the number of manholes visually inspected annually; and
(iv)
the number of SSDs per mile of gravity sewer;
(h)
a tracking system for all maintenance activities, including pump
station equipment histories;
(i) procedures for generation of maintenance work orders; and
(j)
reports listing equipment problems and work orders generated during
the prior month;
460
The Plan also shall contain procedures to assure that preventative
maintenance activities are scheduled appropriately, and shall include,
but not be limited to, the following:
(a)
periodic service and calibration of all instrumentation such as
flow meters, liquid level sensors, alarm systems, elapsed time meters,
and remote monitoring equipment;
(b)
routine inspection and service for all pumps including, but not
limited to: engines, motors, generators, pumps, wet wells, impellers,
seals, bearings, wear clearances, couplings, drives, and related
equipment; and routine inspection and service for air release valves;
(c)
inspection and cleaning of Toledo’s Sewer System and manholes
in accordance with a schedule that ensures that Toledo cleans its
entire Sewer System at least once every three years;
(d)
inspection and maintenance of all force mains and siphons;
(e) routine inspection of all sewer and force main right-of-ways,
including inspection of: creek crossings and related appurtenances,
stream bank encroachment towards gravity sewer lines and force mains,
and right-of-way or easement accessibility (including the need to
control vegetative growth or encroachment of man-made structures
or activities that could threaten the integrity of the affected
gravity sewer lines or force mains). Inspections shall include the
development of written reports, and, where appropriate, representative
photographs or videos of appurtenances being inspected (manholes,
creek crossings, etc.). The MOM Program shall specifically include
procedures by which field inspection personnel shall report, both
verbally and in writing, to designated management officials of any
observed SSDs, dry weather CSOs and any evidence of SSDs and dry
weather CSOs that may have occurred since the last inspection; and
(f) provisions governing replacement of sewers as necessary to assure
the proper operation and maintenance of Toledo’s Sewer System.
470
The Plan also shall include provisions for insuring that the maximum
flow is transported to the WWTP prior to discharging from any CSOs
and that CSO discharges are minimized and treated to the maximum
extent practicable.
480
Within six months of completion of all of the improvements required
pursuant to Section V.B, above, and on a biannual basis thereafter,
Toledo shall submit to U.S. EPA and Ohio EPA for approval an updated
MOM plan which takes into account any improvements at the Bayview
WWTP or in Toledo’s Sewer System which could impact Toledo’s
management, operation and maintenance of Toledo’s Sewer System,
and Toledo’s practical experience in using those improvements.
The updated plan shall contain the provisions described in Paragraphs
45-47.
490
Toledo shall implement the plans submitted in accordance with Paragraphs
45-47 upon U.S. EPA and Ohio EPA’s approval of that plan.
I. WWTP Operations and Maintenance Plan
500
Within three months following entry of this Consent Decree, Toledo
shall submit to U.S. EPA and Ohio EPA for approval an operations
and maintenance plan for the Bayview WWTP that addresses, at a minimum,
the following:
(a) provisions to keep, to the maximum extent feasible, all essential
units online at all times or maintained in a full state of readiness;
(b)
provisions to assure that Toledo maximizes wastewater flows through
its aeration basins and secondary clarifiers prior to bypassing
those portions of the Bayview WWTP;
(c)
provisions to assure that Toledo maximizes flows through its primary
clarifiers prior to bypassing those portions of the Bayview WWTP;
(d)
provisions to assure the prompt and efficient emptying of the grit
collection boxes;
(e)
provisions to assure the elimination of waste activated sludges
or other sludges and recycle streams from being recycled back to
the head of the plant; and
(f)
provisions to assure that Toledo operates and maintains all treatment
facilities at the Bayview WWTP in a manner that maximizes the removal
of pollutants from any discharge.
510
Within one year after completion of construction of all of the improvements
required pursuant to Section V.B, above, and on a biannual basis
thereafter, Toledo shall submit to U.S. EPA and Ohio EPA for approval
an updated operations and maintenance plan which takes into account
any improvements at the Bayview WWTP or in Toledo’s Sewer
System which could impact Toledo’s operation and maintenance
of the Bayview WWTP, and Toledo’s practical experience in
using those improvements. The updated plan shall contain the provisions
described in Paragraph 50. The updated plan also shall set forth
the procedures for starting up the ballasted flocculation facilities
during wet weather events which will cause those facilities to achieve
optimal suspended solids removal rates as rapidly as possible; procedures
for steady state operations of the ballasted flocculation facilities
including specific provisions governing chemical and ballast feed
rates; procedures for maintaining the ballasted flocculation facilities;
and shall specify the percent removal of suspended solids that the
ballasted flocculation facilities will consistently achieve during
steady state operations. The parties anticipate that the ballasted
flocculation facilities will be able to achieve at least 40% (and
probably much greater than 40%) removal of suspended solids on a
continuous basis during steady state operations.
520
Toledo shall immediately and continuously implement its approved
plans, submitted pursuant to Paragraphs 50-51, upon approval by
U.S. EPA and Ohio EPA.
J. EPA Approval of Designs and Plans Prepared in Accordance With
Parts V.B Through V.I
530 For all designs and plans submitted by Toledo for U.S. EPA approval
in accordance with Sections V.B through V.I, above, U.S. EPA, after
providing Ohio EPA with reasonable opportunity for consultation,
may (a) approve the plan, in whole or in part; (b) approve the plan
upon specified conditions, directing that Toledo modify its submission,
or (c) any combination of the above. In reviewing submissions under
this paragraph, EPA’s primary approval criteria will be technical
feasibility, appropriateness, cost-effectiveness and compliance
with the requirements of Toledo’s Current Permit, this Consent
Decree, the Clean Water Act and, where applicable, the CSO Control
Policy. Within 21 working days following receipt of a notice of
disapproval or direction to modify the submission from U.S. EPA
(or within such longer time set forth in such notice), Toledo shall
submit a modified plan to U.S. EPA and Ohio EPA in accordance with
U.S. EPA’s directions. Any stipulated penalties applicable
to the submission shall accrue during the 21-day or otherwise specified
period but shall not be payable if U.S. EPA determines that Toledo
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