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DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE
June 26, 2012
Mr. Glen Argue Engineering Manager Bucks County Water and Sewer Authority 1275 Almshouse Road Warrington, PA 18976 Re: Sewage Chapter 94 Annual Report BCWSA - Poquessing and Nesharniny Interceptor Service Areas Tributary to the Northeast Philadelphia Water Control Plant Bucks County
Dear Mr. Argue: The Department of Environmental Protection ("Department") received a response dated March 29, 2012 ("the Response"), from Mr. John Swenson of Carroll Engineering Corporation to the Department's Notice of Violation ("NOV") issued to Bucks County Water and Sewer Authority ("BCWSA") on March 9, 2012. The March 9, 2012, NOV was issued as a result of BCWSA's failure to adequately address deficiencies identified in BCWSA's 2010 Municipal Wasteload Management Annual Report ("Chapter 94 Report") for the Poquessing and Neshaminy Interceptor Service Areas Tributary to the Northeast Philadelphia Water Control Plant. In response to the Department's question of projected flows at the Totem Road Pump Station, the response states in Item 1 on page 1, that peak flows recorded at the Totem Road Pump Station have ranged between 55 and 58 million gallons per day (mgd) over the last 5 years. Figure 12 in BCWSA's 2011 Municipal Wasteload Management Annual Report for the Poquessing and Neshaminy Interceptor Service Areas Tributary to the Northeast Philadelphia Water Control Plant documents that the "ultimate capacity" at this pumping station is 51.84 mgd. According to Department records, the permitted maximum design capacity for the Totem Road Pump Station is 50.8 mgd. This exceedance by peak flows of design capacity constitutes an existing hydraulic overload, as defined in 25 Pa. Code Section 94.1 and therefore, BCWSA must, as the permittee, comply with 25 Pa. Code Section 94.21 as follows: 1. Prohibit new connections to the overloaded sewerage facilities except as approved by the permittee under the standards for granting exceptions contained in 25 Pa. Code Sections 94.55-94.57 (relating to building permit issued prior to ban, replacement of a discharge, and other exceptions). No building permit may be issued by a governmental
Southeast Regional Office 484.250.5970
2 East Main Street
PA 19401-4915 www.depweb.state.pa.us
Mr. Glen Argue
June 26, 2012
entity which may result in a connection to overloaded sewerage facilities or increase the load to those sewerage facilities from an existing connection. BCWSA must retain records of exceptions granted and make the records available to the Department upon request. 2. Immediately begin work for the planning, design, financing, construction, and operation of the sewerage facilities that may be necessary to provide required capacities to meet anticipated demands for a reasonable time in the future and resulting in a project that is consistent with the applicable official plans approved under the Pennsylvania Sewage Facilities Act, 35 P.S. Sections 750.l~750.20 ("Act 537"), and the regulations thereunder in 25 Pa. Code Chapter 71 (relating to administration of the sewage facilities planning program) and consistent with the requirements of the Department and the Federal Government regarding area-wide planning and sewerage facilities. Submit to the Regional Office not later than September 21, 2012, for the review and approval of the Department, a written Corrective Action Plan ("CAP") setting forth the actions to be taken to reduce the overload and to provide the needed additional capacity. The written CAP shall include, but not be limited to: documentation of any and all dates and times that the peak instantaneous flows recorded at the Totem Road Pump Station exceeded the permitted capacity of this pump station in 2011 and up to May 2012; limitations on and a program for control of new connections to the overloaded sewerage facilities; and a schedule showing the dates each step toward compliance with paragraph 2, above, shall be completed. In addition, the response states in No.4 of Item 2, page 2, that "[ dJesign documents, which represent the most detail of sewers requiring capacity upgrades, are being prepared which will identify the physical location of the sections of the sewer where capacity upgrades are required." A map or maps identifying the exact locations of the overloaded and projected overloaded sections of the Neshaminy Interceptor, as well as an overview map of the entire lower portion of the Neshaminy Interceptor showing the sewer service area of the interceptor, must be included in the CAP. In conjunction with the CAP, BCWSA must also, not later than September 21, 2012, submit a Connection Management Plan ("CMP") in writing to the Department. Enclosed, please find an information sheet that will provide guidance in developing a CAP and CMP.
No.2 ofItem 2, on page 2 of the Response states that portions of the 36-inch, 42-inch, 48-inch, 54-inch, 60-inch, and 72-inch sewer mains making up the lower portion ofthe Neshaminy Interceptor from the Core Creek Interceptor's branch connection and the Totem Road Pump Station had flows in excess of their hydraulic capacity during the December 29,2009, wet weather event that BCWSA analyzed the lower portion of the Neshaminy Interceptor against.
Mr. Glen Argue
June 26, 2012
In addition to the existing hydraulic overload at the Totem Road Pump Station, we also note that No. 1. ofItem 2, on page 2 of the Response states that portions of the 30-inch, 33-inch, 36-inch, 42-inch, 54-inch, and 60-inch mains of the Neshaminy Interceptor have deficient capacity for future peak dry weather flows. This condition constitutes a projected hydraulic overload as defined in 25 Pa. Code Section 94.1. In addition, the Background section of your storage tank permit application acknowledges that the Neshaminy Interceptor was sized to accommodate flows only to the year 2010. Both of these factors demonstrate a need for updating the Act 537 planning for the areas served by the Neshaminy Interceptor. As part of your compliance with 25 Pa. Code Section 94.21 (a)(2) noted above, contact the Department to coordinate a meeting among the Department, BCWSA, and all ofthe 13 municipalities tributary to the Neshaminy Interceptor to discuss the sewage facilities planning required to address these identified needs areas. BCWSA may not certify capacity for sewage facilities planning modules for projects tributary to the Totem Road Pump Station until the CAP is accepted and connections are released in accordance with the connection management plan. Projects tributary to this pump station will not be eligible to receive exemptions from planning until all steps of the CAP have been satisfactorily completed and the prohibition is lifted. Additionally, please be advised that in order for the Department to consider releasing connection credits for proposed projects in areas tributary to the Totem Road Pump Station, BCWSA must first obtain capacity by documenting reductions in wet weather flows resulting from inflow and infiltration ("III") abatement efforts, and/or by completing other corrective measures such as the expansion of sewerage facilities. Reductions in collection system flows should be based on metered flow data. In considering the release of connection credits, the Department will place significance on reductions in peak instantaneous as well as average flow data, and a reduction in the peak instantaneous to annual average ratio (if an annual average is not available, average daily flow for the monitoring period may be used). In seeking to justify a credit release, BCWSA must analyze wet weather flow data as stated above for each wet weather event greater than 1 inch of rain, and for each rain event less than 1 inch that results in a sanitary sewer overflow. The Department notes that BCWSA and their tributary municipal customers have been working with III reduction plans that were developed in 2004. BCWSA has never provided an evaluation of this III information as previously requested by the Department. Not later than August 22,2012, BCWSA must submit to the Department a written plan describing the specific criteria BCWSA will use to determine if the municipal III reduction efforts have been successful in reducing peak instantaneous and average flows tributary to the Totem Road Pump Station. This written plan shall include a schedule for submitting BCWSA's completed evaluation of the municipal III information by October 22, 2012. The BCWSA shall also work with its municipal customers to update these plans to focus efforts on the areas tributary to the portions of the Neshaminy Interceptor that have been determined to be experiencing overloads or are projected to be overloaded.
Mr. Glen Argue
June 26, 2012
BCWSA shall, not later than November 21,2012, and every 120 days thereafter, submit to the Department a written report of its activities to update those III plans. This written report shall be included in the quarterly updates that will be required upon Department acceptance of the CAP required to be submitted to the Department by September 21,2012. The Department will issue its review ofBCWSA's submitted Year 2011 Municipal Wasteload Management Annual Report ("Chapter 94 Report") for the Poquessing and N eshaminy Interceptor Service Areas Tributary to the Northeast Philadelphia Water Control Plant under separate cover. Any person aggrieved by this action may appeal, pursuant to Section 4 of the Environmental Hearing Board Act, 35 P.S. Section 7514, and the Administrative Agency Law, 2 Pa.C.S. Chapter 5A, to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P.O. Box 8457, Harrisburg, PA 17105-8457,717.787.3483. TDD users may contact the Board through the Pennsylvania Relay Service, 800.654.5984. Appeals must be filed with the Environmental Hearing Board within 30 days of receipt of written notice of this action unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The . appeal form and the Board's rules of practice and procedure are also available in braille or on audiotape from the Secretary to the Board at 717.787.3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law. IF YOU WANT TO CHALLENGE THIS ACTION, YOUR APPEAL MUST REACH THE BOARD WITHIN 30 DAYS. YOU DO NOT NEED A LAWYER TO FILE AN APPEAL WITH THE BOARD. IMPORTANT LEGAL RIGHTS ARE AT STAKE, HOWEVER, SO YOU SHOULD SHOW THIS DOCUMENT TO A LAWYER AT ONCE. IF YOU CANNOT AFFORD ALA WYER, YOU MAY QUALIFY FOR FREE PRO BONO REPRESENTATION. CALL THE SECRETARY TO THE BOARD (717.787.3483) FOR MORE INFORMATION. Please also note that the Department is willing to meet with BCWSA and with each of the contributing municipalities to discuss the information required to address the overloads within the Neshaminy Interceptor and within the service area of the Neshaminy Interceptor.
Mr. Glen Argue
If you have any questions regarding the information required, please call me at the phone number located in the first page footer or Ms. Kelly Boettlin at 484.250.5184. Sincerely,
Steve O'Neil Environmental Group Manager Operations, Monitoring and TMDL Clean Water Enclosures: CAP/CMP Information Sheet CMP Example
Mr. Swenson - Carroll Engineering Corporation Mr. DiGirolamo - Bensalem Township Ms. Lamanna - Middletown Township Ms. Curran - Langhorne Borough Mr. Byrne - Langhorne Manor Borough Mr. Taylor - Lower Southampton Township Township of Falls Authority Mr. Gray - Falls Township Mr. Winkler - Penndel Borough Mr. Harris - Hulmeville Borough Mr. Fedorchak ~ Lower Makefield Township Mr. McCauley - Bristol Township Mr. Pellegrino - Northampton Township Northampton, Bucks County, Municipal Authority Newtown, Bucks County, Joint Municipal Authority ChiefPasqualini - Newtown Township Mr. O'Brien ~ Newtown Borough Mr. Ponert ~ City of Philadelphia Water Department Ms. Boettlin Ms. Fields Planning Section Re 30 (GJS12CLW)177-8