Bypassing and DilutionBypassing and DilutionEPA Region 9, Clean Water Act Compliance OfficeEPA Region 9, Clean Water Act Compliance Office

CWEA 35th AnnualCWEA 35th Annual

P3S Conference P3S Conference

February 27, 2008February 27, 2008

Long Beach, CaliforniaLong Beach, California

Greg V. ArthurGreg V. ArthurUS EPA, 75 Hawthorne Street, San Francisco, CA 94105US EPA, 75 Hawthorne Street, San Francisco, CA 94105(415) 972-3504(415) 972-3504Arthur.greg@epa.govArthur.greg@epa.gov

dye bypassed dye bypassed treatmenttreatment

concealedconcealedstandpipestandpipe

standpipe standpipe covercover

QuestionQuestion - What qualifies as a bypass of treatment (necessary to comply with pretreatment standards) as prohibited by 40 CFR 403.17(d)?

The intentional diversion of The intentional diversion of wastestreams from any portion wastestreams from any portion of an IUs treatment facility is of an IUs treatment facility is prohibited … prohibited … unless• unavoidable to prevent loss of life, injury, or severe damage• no feasible alternatives• meets limits• prior notice and approval

standpipe 10’standpipe 10’from bathroomfrom bathroom

hose from pumphose from pumpin plating shopin plating shoprinse tankrinse tank

storage roomstorage room

plating roomplating room

QuestionQuestion - What does “no feasible alternative” mean?

standpipe 10’standpipe 10’from bathroomfrom bathroom

hose from pumphose from pumpin plating shopin plating shoprinse tankrinse tank

storage roomstorage room

plating roomplating room

QuestionQuestion - What does “no feasible alternative” mean?

A federal district court recently ruled that a municipality cannot claim that it had no feasible alternatives to a bypass if it failed to take feasible steps to construct adequate treatment or storage capacity.

The Toledo opinion under-scores the importance to the regulated community of assessing whether each sewage system has adequate treatment and/or storage capacity. If not, facilities must take all feasible steps necessary to secure the needed capacity to avoid bypassing.

dye bypassed dye bypassed treatmenttreatment

concealedconcealedstandpipestandpipe

ConclusionConclusion – Essentially no such thing as “no feasible alternative” for IUs.ConclusionConclusion – Essentially no such thing as “no feasible alternative” for IUs. This means IUs are prohibited from bypassing any treatment necessary to comply with any standards.

dye bypassed dye bypassed treatmenttreatment

concealedconcealedstandpipestandpipe

ConclusionConclusion – The bypass prohibitions particularly applies to intentional dumping and illegal dis-charges from IUs.

Easy to Determine ComplianceEasy to Determine Compliance• all wastewaters treatedHarder to Determine Violations• establish BAT equivalent necessary to comply with Fed standards• establish treatment necessary to comply with local limits• proof of untreated discharge

bypass standpipebypass standpipeconcealed underconcealed underpump assemblypump assembly

QuestionQuestion – How can POTWs detect illegal dis-charges that violate the bypass prohibition?

DetectionDetection• downstream surveillance• anonymous tips• unannounced inspections• automated sewer monitoring stations• fume clouds, sewer collapse, explosions, other calamities• plain good old-fashioned luck

Case StudyCase Study

chromechromereduxnreduxn

metalsmetalsprecipprecip

cyanidecyanidedestructdestruct flocfloc clarifierclarifier sandsand

filtfilt

sludge holdsludge hold

cyanide destructcyanide destruct

filterfilterpresspress dryerdryer

acid-sumpacid-sump gen-sumpgen-sump cn-sumpcn-sump

influent wastewatersinfluent wastewaters

samplesamplepointpoint

diversion valvediversion valveclosedclosed

discharge linedischarge line

cyanide return linecyanide return line

With Diversion Valve ClosedWith Diversion Valve Closed

chromechromereduxnreduxn

metalsmetalsprecipprecip

cyanidecyanidedestructdestruct flocfloc clarifierclarifier sandsand

filtfilt

sludge holdsludge hold

cyanide destructcyanide destruct

filterfilterpresspress dryerdryer

acid-sumpacid-sump

influent wastewatersinfluent wastewaters

samplesamplepointpoint

cn-sumpcn-sumpgen-sumpgen-sump

Diversion ValveDiversion ValveIn the open In the open position, cyanide-position, cyanide-treated return treated return flows bypass the flows bypass the treatment for treatment for metalsmetals

sewersewer

cyanide return linecyanide return line

With Diversion Valve OpenWith Diversion Valve Open

metalsmetalsprecipprecip

cyanidecyanidedestructdestruct flocfloc clarifierclarifier sandsand

filtfilt

sludge holdsludge hold

cyanide destructcyanide destruct

filterfilterpresspress dryerdryer

acid-sumpacid-sump

influent wastewatersinfluent wastewaters

samplesamplepointpoint

cn-sumpcn-sumpgen-sumpgen-sump

chromechromereduxnreduxn

diversion valve closeddiversion valve closedCd – 0.7 mg/lCd – 0.7 mg/lZn – 1.3 mg/lZn – 1.3 mg/l

diversion valve opendiversion valve openCd – 48.0 mg/lCd – 48.0 mg/lZn – 2490. mg/lZn – 2490. mg/lCN – 18.0 mg/lCN – 18.0 mg/lPb -2.07 mg/lPb -2.07 mg/lCr – 67.6 mg/lCr – 67.6 mg/lCu – 10.9 mg/lCu – 10.9 mg/lNi – 2.36 mg/lNi – 2.36 mg/l

sewersewer

cyanide return linecyanide return line

QuestionQuestion – How can POTWs establish violations of the bypass prohibition?

If the diversion If the diversion valve is in the valve is in the open positionopen position

Establishing ViolationsEstablishing Violations• inspect to find the method of bypassing treatment• inspect to establish what treatment was bypassed• sample potential sources to establish the discharge quality of the bypass• field verify to eliminate other possible explanations• link downstream surveillance to bypassing

blind sumpblind sumpcontainmentcontainment

QuestionQuestion – What can POTWs do to prevent illegal discharges that violate the bypass prohibition?

minimumminimumhose lengthshose lengths

above-groundabove-groundvisuallyvisuallytraceabletraceablepipingpiping

hard-pipedhard-pipedwastewaterwastewatercollectioncollection

Prevention Through Permit Prevention Through Permit Application RequirementsApplication Requirements• no connections after treatment• locked-out tagged-out inlets• above ground hard piping• minimize or eliminate portable pumps and hose lengths

QuestionQuestion – Is prevention through permitting enough to ensure IUs do not bypass?

flexible hoseflexible hoseto inlet 3to inlet 3

inlet 1inlet 1inlet 2inlet 2

inlet 3inlet 3

from treatm

ent unit

from treatm

ent unitMotivations Behind BypassingMotivations Behind Bypassing • saves money• possibility provides insurance• low risk because easy to hide• operating costs exceed capital• easy for disgruntled employees to sabotage the businessDetermined by Facility’s Culture

QuestionQuestion – So, how can POTWs administer their programs to ensure compliance by the IUs with the bypass prohibition of 40 CFR 403.17(d)?

quick-connectquick-connecttee clean-outtee clean-out

from treatment unitfrom treatment unit

sewersewerconnectionconnection

long hoses with quick-connect long hoses with quick-connect fittingsfittings

• inspections to find potential methods of bypassing• permit application require- ments to eliminate built-ins• detection through surveillance monitoring program• tip line• unannounced inspections in off-hours• others

EPA would argue - YES• inspections to find potential bypasses• permit application requirements ments to eliminate built-ins• detection through surveillance monitoring program• tip line• unannounced inspection in off-hours

QuestionQuestion – Do the regulations require POTWs to perform these functions?

weird flexibleweird flexibleinlet into theinlet into thetreatment unittreatment unit

allows bypassallows bypassof treatmentof treatmentstepssteps

QuestionQuestion – Do the regulations require POTWs to perform these functions?

weird flexibleweird flexibleinlet into theinlet into thetreatment unittreatment unit

allows bypassallows bypassof treatmentof treatmentstepssteps

40 CFR 403.8(b)

The POTW Pretreatment Program shall meet the criteria set forth in paragraph (f) of this section and shall be administered by the POTW to ensure compliance by Industrial Users with applicable Pretreatment Standards and Requirements.

QuestionQuestion – How can POTWs administer their pro- grams to ensure IUs comply with the prohibition against dilution as a substitute for treatment in 40 CFR 403.6(d)?

• inspect to establish excess generation of Fed- regulated wastewater• inspect to determine untreated flows• require cessation of dilution as a substitute for treatment• others?

QuestionQuestion – How can POTWs administer their pro- grams to ensure IUs comply with the prohibition against dilution as a substitute for treatment in 40 CFR 403.6(d)?

… and each occasion on which Lockheed diluted its process wastestreams as a partial substitute for treatment is a separate violation of Section 307(d) of the Act.

Questions or Comments?Questions or Comments?

sealed industrialsealed industrialsewer connectionsewer connectionat a zero-dischargerat a zero-discharger

open sewer clean-outopen sewer clean-outbetween bathroom between bathroom and exterior wallsand exterior walls

Greg V. ArthurGreg V. ArthurUS EPA, 75 Hawthorne Street, San Francisco, CA 94105US EPA, 75 Hawthorne Street, San Francisco, CA 94105(415) 972-3504(415) 972-3504Arthur.greg@epa.govArthur.greg@epa.gov