Indiana Cities Report 3.5 Billion Gallons of

 Sewage Bypasses and Overflows in 6500 Events Since 1997

Prepared by Katy Kintzele and Tom Neltner

 Improving Kids’ Environment

July 10, 2002 except as noted below

For related information

• Version in Word

• Table of Facilities Over 10 Million Gallons Discharged Since 1997

• Totals in Each County Sorted by Volume Discharged (added 7/11/02)

• Totals in Each County Sorted by Number of Incidents (added 7/11/02)

• Early Warning Notices - How Have Cities Performed Since Notice Removed? (added 7/11/02)

• Sewer Connection Ban - How Have Cities Performed Since Ban Removed? (added 7/11/02)

The Indiana Clean Water Coalition obtained a copy of a database developed by the Indiana Department of Environmental Management to log sanitary sewer overflows, dry-weather combined sewer overflows and   wastewater treatment plant bypasses reported to IDEM in its Bypass & Overflow Incident Reporting Program.  The database does not include wet-weather combined sewer overflows or discharges of fully-treated wastewater.  These discharges are reported differently – through monthly discharge monitoring reports and not as incidents. 

Incidents are reported to IDEM by operators of facilities covered by a wastewater discharge permit known as a National Pollutant Discharge Elimination System (NPDES) permit pursuant to their permit requirements.  While permit requirements vary, typically the operator calls IDEM within 24 hours and later submits a written incident report. 

The database only contained incidents reported between January 1, 1997 and May 2, 2002.  The vast majority of the incidents involved raw sewage or partially treated sewage from municipalities or sewage treatment utilities.  The balance involved industrial or commercial facilities.

The results were shocking:

·        271 municipalities reported releases of more than 3.5 billion gallons of untreated and partially treated sewage in 6757 incidents from January 1, 1997 to May 2, 2002. 

·        The problem appears to be getting worse.  From 2000 to 2001, the reported gallons released increased 67% and the number of reported incidents increased 31%.  IDEM believes that part of the increase is due to more accurate and complete reporting.   See chart on right or click here for bigger version

·        45 municipalities and two private sewage treatment utilities reported more than 10 million gallons released during the 5.3-year period covered by the database.  Two industrial facilities also exceeded 10 million gallons.  See attached table for a list of all 49 facilities.

·        Four cities contributed 36% of the total reported gallons released.

·        The reported volume released from 13 cities and one private, sewage utility was more than 100 million gallons – representing 64% of the total reported gallons.

·        One city – Indianapolis – contributed almost 10% of the total incidents from its two plants with an average of ten incidents per month.

The results raise doubts about IDEM’s consistency and effectiveness in enforcing water quality and public health regulations.  While many of these bypasses and overflows may be excused under the NPDES permit conditions if they are unavoidable and are properly reported, IDEM does not appear to take enforcement action when the events routinely occur or are not timely reported.  In addition, several municipalities complained to the Coalition that they report more incidents and more gallons released because they are simply being more honest in their reporting.  They suggest that some municipalities do not report many incidents that occur.    

Instead of enforcing the NPDES permit requirements, IDEM appears to rely heavily on sewer connection bans and early warning notices to reduce bypasses and overflows.   When the Coalition compared the reported bypass and overflow information to IDEM’s implementation of the State’s sewer connection ban and early warning notice regulation, it found inconsistencies that raise serious questions about the program.  For example:

·        More than half of the 47 sewage treatment facilities with more than 10 million gallons released since 1997 are or have been subject to a sewer connection ban or early warning notice. 

·        Of the 109 facilities that are currently subject to a sewer connection ban or early warning notice, 22 have not reported an incident since 1997.  Yet, an IDEM report specifically notes that most of these facilities were listed because they were receiving or close to receiving too much flow to effectively treat the sewage.  While a facility can be close to being hydraulic overloaded without having a bypass or overflow, it is unlikely that it never had an incident. 

The Coalition has concluded that the data is crucial to understanding the overall performance of the sewage treatment plant and collection system.  Any decisions regarding combined sewers, new sewer connections and plant upgrades must use this overflow / bypass event information to provide necessary context.  IKE believes that IDEM is not considering this information when reviewing CSO Long-Term Control Plans.

Details on Bypasses and Overflows from Sewage Treatment Facilities

From January 1, 1997 to May 2, 2002, Indiana’s municipalities reported 6,757 incidents.  An incident is a bypass, a sanitary sewer overflow or dry-weather combined sewer overflow.  A combined sewer overflow that occurs less than 72 hours after a rainfall is not included. 

According to Indiana Department of Environmental Management’s records, municipalities and private sewage utilities reported 3,548,369,748 gallons of untreated and partially treated wastewater went to Indiana’s streams and rivers.  Raw, untreated sewage makes up a significant portion of the 3.5 billion gallons.  This number should hardly be a surprise since Indiana has identified more than 210 of its streams and rivers as impaired because of E. coli contamination.  E. coli is the State’s indicator of sewage in our streams.  A listing of all 49 facilities that exceeded 10 million gallons is at the end of this report.

This disturbing evidence of inadequate sewer systems and lax enforcement represents only a small portion of the amount of sewage that we allow to enter our streams. A much larger amount goes into our waters every time it rains.  Combined sewer overflows, built for the purpose of diverting sewage and stormwater away from overburdened treatment facilities in 105 cities in Indiana, totaled more than 4.3 billion gallons in just the last three months of 2001. 

Excluding wet-weather CSOs, municipalities contributed 92% of the total reported gallons released and 86% of the total reported incidents.  More alarming is that both the volume and number of events are getting worse (see chart above).  The last 16 months of reporting – from January 1, 2001 to May 2, 2002 – represent only 25% of all months covered by the data.  Yet, 37% of the gallons and 35% of the number of events from municipalities occurred during these 16 months.  IDEM believes that part of the increase is due to more accurate and complete reporting of incidents.

The City of Anderson tops the list with 537 million gallons – 99% in the last 16 months.  Salem is second with 273 million gallons but almost all of that was in 1997 and 1998 before the treatment plant was expanded – and a sewer connection ban was lifted.  Elkhart and Lowell each had just over 250 million gallons. 

These four cities – Anderson, Salem, Elkhart, and Lowell – contributed 36% of the total releases.  The top 11 facilities contributed 64% of the 3.5 billion gallons of sewage in our streams.

Private sewage treatment utilities contributed 132 million gallons in 848 events.  Utility Center – Main Aboite in Allen County made up 105 million gallons of that total. A sewer connection ban on the utility was lifted in 2001 after the plant was expanded. 

Indianapolis’ two permitted facilities – Belmont and Southport – had 663 incidents over the 64 months averaging more than 10 per month or one every three days.  While both the volume and number were much smaller in the past three years at the Belmont Plant, the Southport Plant made up the difference with dramatic increases especially at a couple of problematic lift stations.  This total represented 9% of all reported events. 

Details on the Bypass & Overflow Incident Database:

Generally, operators of sewage treatment plants must report within 24 hours to the Indiana Department of Environmental Management (IDEM) the following events:

1.                  Treatment plant bypass;

2.                  Sanitary sewer system overflow; and

3.                  Combined sewer overflow that occurs during dry weather (defined by IDEM as occurring more than 72 hours after the last rain).

This report – and the subsequent written follow-up report – is referred to as a Bypass / Overflow Incident Report.  Since 1997, IDEM has recorded these reported incidents in a database.  Specifically, for each report, IDEM records:

·        NPDES permit number

·        Name of facility with NPDES permit

·        County where the discharge occurred

·        Date the discharge occurred

·        Duration of the discharge

·        Gallons discharged

·        Location of the discharge

·        Reason for the discharge

Wet weather overflows from combined sewer systems are the only type of incident that does not have to be reported within 24 hours.  These wet weather CSOs must be reported on the monthly discharge monitoring report (DMR).   For purposes of this report, the term “bypasses / overflows” excludes wet weather overflows that need to be reported monthly.

IDEM issued the National Pollutant Discharge Elimination System (NPDES) permits that mandate this reporting between 1985 and 2002.  Over the years, IDEM has refined the conditions and made the requirements much more specific.  Therefore, newer permits may have more conditions than older permits. 

Many cities often report more incidents than are strictly required in the interest of keeping IDEM informed. 

Bypasses and overflows may not be a violation of the permit if promptly reported to IDEM.  Generally, the bypass is not prohibited if:

1.                  It was unavoidable to prevent lost of life, personal injury, or severe property damage; and

2.                  There were no feasible alternatives.

As a result, the data must be used with care for the following reasons:

1.                  The database contains errors.  One city reviewed the data at IKE’s request and found that the number in the database was 1000 times higher than reported by the city for two overflows.  Another city found duplicates.  Where a city noted an error, IKE has corrected the report.  IDEM uses the information when it evaluates a particular sewer collection and treatment system.  As part of that review, IDEM’s engineers crosscheck the data against monthly reports and follows up with the facility on discrepancies. 

2.                  Only events that the NPDES permit holder is aware of are reported.  Operators that closely monitor their systems are likely to end up reporting more events.  In contrast, treatment plants for many smaller communities are unattended during the weekends, evenings and nights.  Unless there is evidence of an overflow, it is unlikely to be reported.  If a city has not reported any events after an extremely heavy rain, an event probably occurred but was not reported due to lax supervision.  For example, in October 2001, Northwest Indiana had a series of heavy rains.  However, many cities and towns did not report any events. 

3.                  Operators use different criteria to determine whether to report.  Some operators define a dry weather CSO as an overflow that occurs more than 24 hours after a rain.  Others use IDEM’s unwritten and unofficial guidance of 72 hours. 

4.                  The duration of the event and the volume discharged are estimates.  Many operators refuse to estimate the gallons.  Other operators are conscientious enough to make their best estimate. 

5.                  For sewage collection and treatment systems, the number of events and volume discharged is closely related to the rainfall.  Some of the events are the result of equipment failure or sewer blockages but many result from rainfall.  While sanitary sewers are designed to keep out rainfall and their size is based on that design, sanitary sewers frequently overflow.  This usually occurs where the operator has allowed illegal connections to its sanitary sewer or the sanitary sewer is not in good condition and ground water gets in it.

6.                  The discharge from a bypass / overflow of a sewage collection or treatment system includes sewage is often diluted by rainwater.  It may also have been partially treated and disinfected.  Without looking at each event, IKE was not able to determine whether it was raw, untreated sewage that was released or partially treated wastewater

About the Sewage in Our Streams Campaign: 

The Indiana Clean Water Coalition is a new organization representing many environmental organizations in Indiana that are concerned about the quality of Indiana’s water.  Members of the Coalition’s steering committee are Sandra Wilmore and Rae Schnapp (co-chairs), Dick Van Frank, Bowden Quinn, Tom Anderson, Glenn Pratt, Laura Arnold, Tom Neltner, Joe Hailer.

The Coalition’s first project is its Sewage in Our Streams Campaign.  Improving Kids’ Environment is the lead organization on that project.  Tom Neltner is the Executive Director of IKE.  Katy Kintzele is an Associate working on the project.  Her work is funded by the Environmental Careers Organization in Boston through a grant from EPA’s Office of Environmental Justice.  IKE also provides financial support.

Other Reports in the Campaign:

This report is the second in a series of reports on sewage management by Indiana’s municipalities.  Other reports in the series include:

1.                  Compliance with Monthly CSO Discharge Monitoring Report Requirements:  Since October 1, 2001, IDEM requires that combined sewer overflows be reported on a specific form called a CSO DMR.  Twenty-eight of Indiana’s 105 communities with combined sewer systems have regularly failed to either:

a.       Submit a required monthly report on combined sewer overflows within the 10-day grace period; or

b.      Constructively respond to IDEM’s written request to fix errors in reports that were submitted.

2.                  Sewer Connections to Municipal Treatment Plants:  Since 1993, IDEM has approved more than 10,000 sewer construction permits that discharge to Indiana streams.  The daily average design flow from these new connections often makes up more than 25% of the city’s treatment capacity.  IDEM approves these connections with virtually no regard to their impact on combined sewers.  It also does not appear to consider the cumulative impact on a municipality.  The process is akin to a consumer using a credit card based on the current balance in the checking account, without regard to income or existing debt.  It can work but is risky.  When we look at the bypass and overflow data, we see  evidence of a looming crisis.

3.                  Long-Term Control Plans:  The Coalition is carefully reviewing the CSO Long-Term Control Plans that have been submitted.  It will be releasing the results of the review for each city as they are available.