Civil Action No. 1:00CV00183TFH
Civil Action No. 02-2511 (TFH)
DISTRICT OF COLUMBIA
WATER AND SEWER AUTHORITY
Serving the Public • Protecting the Environment
3-Party Consent Decree Status Report:
Quarter No. 2 - 2022
July 2022
1
3-Party Consent Decree: Quarter No. 2 – 2022
DISTRICT OF COLUMBIA
WATER AND SEWER AUTHORITY
Washington, D.C.
3-Party Consent Decree Status Report
Quarter No. 2 - 2022
Table of Contents
1. INTRODUCTION
2. REQUIREMENTS DUE IN CURRENT QUARTER
3. REQUIREMENTS DUE AFTER NEXT QUARTER
4. ON-GOING REQUIREMENTS
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3-Party Consent Decree: Quarter No. 2 – 2022
1. INTRODUCTION
The District of Columbia Water and Sewer Authority (DC Water or Authority) and the District of Columbia entered into a Consent Decree (CD)
with the U.S. Government and certain citizen plaintiffs to resolve allegations of violations of the Clean Water Act regarding the management,
operation and maintenance of the combined sewer system and implementation of Nine Minimum Controls. The following consent decree was lodged
with and entered by the court on June 25, 2003 and October 10, 2003, respectively:
United States District Court for the District of Columbia
Civil Action No. 1:00CV00183TFH
Civil Action No. 02-2511 (TFH)
Consent Decree
The CD requires that DC Water submit written status reports to the Environmental Protection Agency (EPA) Region III and the citizen plaintiffs by
the 28
th
day of the month following the end of each calendar quarter. The CD requires that the following be provided in each status report:
The due dates and other terms that DC Water is required to meet since the date of the last quarterly statement, whether and to what extent
DC Water has met these requirements, and the reasons for any noncompliance.
A general description of the work completed within the three-month period, and a projection of work to be performed during the next three-
month period.
All other items as specified in Section V (Compliance Program and Schedules) of the CD including the status of the catch basin cleaning.
This report covers the months April through June 2022, which is Quarter No. 2 in 2022. Note that the CD requires posting certain information on
DC Water’s website, including the Combined Sewer System (CSS) Quarterly Reports. The website addresses for these items are as follows:
DC Water’s website: www.dcwater.com
CSS Quarterly Reports on DC Water’s website:
https://www.dcwater.com/publications?field_document_type_tid=47&field_document_sub_type_tid=50
CD Quarterly Reports on DC Water’s website:
https://www.dcwater.com/publications?field_document_type_tid=47&field_document_sub_type_tid=52
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3-Party Consent Decree: Quarter No. 2 – 2022
2. REQUIREMENTS DUE IN CURRENT QUARTER
The following is a status report for requirements due in the current quarter:
REQUIREMENTS DUE IN CURRENT QUARTER
Reference Requirement Due Date Status
p. 25,
VII.19.(a).
(b).(c)
Reporting
Submit quarterly consent decree status report.
4/28/22 DC Water submitted the Quarterly Report on April 26, 2022 for
Quarter No. 1 in 2022.
3. REQUIREMENTS DUE AFTER NEXT QUARTER
The following is a status report for requirements due next quarter.
REQUIREMENTS DUE NEXT QUARTER
Reference Requirement Due Date Status
p. 25,
VII.19.(a).
(b).(c)
Reporting
Submit quarterly consent decree status report.
7/28/22 The submission of this Quarterly Report satisfies the reporting
requirement due in the next quarterly period for Quarter No. 2 in
2022.
p. 22,
V.16.b.(ii)
Pamphlets/Inserts
Semi-annually, prepare an information
pamphlet/insert containing CSO information
and distribute in the water bills.
Twice per
year
This information is on DC Water’s website and it is updated
regularly.
p. 22,
V.16.b.(ii)
Public Notification – Information
Pamphlets/Inserts
Distribute CSO pamphlet/insert semi-annually
to boat rental facilities, marinas, tackle shops,
and other public locations along affected river
segments.
Twice per
year
This information is on DC Water’s website and it is updated
regularly.
4. ON-GOING REQUIREMENTS
The following is a status report for requirements that are performed at periodic intervals on an on-going basis.
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3-Party Consent Decree: Quarter No. 2 – 2022
ON-GOING ACTIVITIES
Reference Requirement Due Date Status
p. 4, II.3 Application and Scope
Provide a copy of the CD to any consultant or
contractor selected to perform any activity
required by the CD.
As required Completed in Quarter No. 4, 2003. DC Water will send additional
letters and copies of the CD to affected Project Design Engineers
(PDEs) as they are retained for other projects required by the CD.
p. 10,
V.10.a.(iv)
Replace Inflatable Dams
Operate and maintain all inflatable dams so
that they fully perform their function of
reducing the frequency and severity of CSO
events.
Ongoing
after
04/01/04
Inspection and maintenance of the inflatable dams is performed
monthly and is documented in the CSS Quarterly Report, Section
2.4, Table 2-6, submitted to EPA Region III and available on DC
Water’s website. Wet weather operations are reported on Table 2-
7.
p. 10,
V.10.b.(i)
(a-e)(ii)
(d.)(iv)
Tide Gate Repair & Replacement
Operate and maintain all tide gates in the CSS
so as to prevent river water from entering the
CSS, to the extent achievable with generally
accepted design, engineering and maintenance
practices.
Ongoing
after
10/10/03
Inspection and maintenance of the tide gates is performed monthly
and is documented in the CSS Quarterly Report, Section 2.2,
Table 2-2, submitted to EPA Region III and available on DC
Water’s website.
p. 12,
V.10.e.i
Assurance of Conveyance Capacity
Ensure collections system has capacity to
convey at least 1,076 mgd from the areas
served by the collection system to Blue
Plains.
Quarterly,
following
EPA Region
III’s approval
letter of
04/11/07
On April 1, 2011, DC Water placed the Blue Plains Influent
Sewers in Operation. On October 14, 2013, DC Water achieved a
firm Potomac Pumping Station capacity of 460 mgd. See item
p.15,V.12.e(v) for Potomac Pumping Station in this report.
p. 12,
V.11
Pretreatment
Maintain and update the current pretreatment
program as required by the Clean Water Act,
Pretreatment Regulations, and the NPDES
Permit.
Ongoing
after
10/10/03
The Pretreatment Program is being maintained and updated. The
program submits reports and updates annually to EPA Region III.
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3-Party Consent Decree: Quarter No. 2 – 2022
ON-GOING ACTIVITIES
Reference Requirement Due Date Status
p. 11,
V.10.c
Maximization of Storage in the Collection
System – Catch Basins
o Clean at least 85 % of the catch
basins in CSS at least annually
o Inspect catch basins in CSO areas
tributary to the Anacostia River at
least two times per year, and clean
such basins more frequently as
indicated by the inspections.
Annually Catch basin cleaning totals are reported in DC Water’s CSS
Quarterly Report, in Section 4.1, Table 4-1, submitted to EPA
Region III and available on DC Water’s website. Calendar year-
to-date totals for this quarter are as follows:
CSS Catch Basin Inspection and Cleaning
Catch Basin in CSS:
10,668
(1)
Catch Basins in CSS Cleaned:
1,293
12%
Catch Basins in Anacostia CSS:
5,717
(1)
Catch Basins in Anacostia CSS Inspected Once:
5,439
95%
Catch Basins in Anacostia CSS Inspected Twice:
253
4%
Notes:
(1) The number of catch basins in our service area changes with the
ongoing connections and abandonments to the sewer
infrastructure.
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3-Party Consent Decree: Quarter No. 2 – 2022
ON-GOING ACTIVITIES
Reference Requirement Due Date Status
p. 13,
V.12.a.(i)
and (ii)
Maximization of Flow to the POTW for
Treatment
Operate and maintain the collection system
and pumping stations to deliver the maximize
flow possible to Blue Plains within the
constraints of the pumping stations,
configuration and capacity of the collection
system, and capacity of Blue Plains; treat all
flows conveyed to Blue Plains to full degree
and extent required by Permi
t
.
Ongoing
after
10/10/03
Operation and maintenance status of the collection system and
pumping stations is reported in Section 2 of the CSS Quarterly
Report, available on DC Water’s website. The pumping stations
and collection system have been operated to maximize the flow to
Blue Plains within the constraints of the system. During the period
covered by this report, the daily peak influent rate to Complete
Treatment exceeded 555 mgd, the rate established in the NPDES
permit.
p.14,
V.12.b.(v)
Main and O Pumping Stations
Maintain firm sanitary pumping capacities of
240 and 45 mgd, respectively.
Ongoing
after
04/16/08
The number of pumps and screens available for service at Main
and O Pumping Stations is reported in Section 2.3.1, Table 2-3 of
the CSS Quarterly Report, submitted to EPA Region III and
available at DC Water’s website. Table 2-3 shows that the
station’s firm pumping capacity was maintained for the period
covered by this repor
t
.
p. 14,
V.12.c.(v)
East Side Pumping Station
Maintain a firm sanitary pumping capacity of
45 mgd.
Ongoing
after
08/01/06
The number of pumps and screens available for service at East
Side Pumping Station is reported in Section 2.3.1, Table 2-3 of the
CSS Quarterly report, submitted to EPA Region III and available
at DC Water’s website. Table 2-3 shows that the station’s firm
pumping capacity was maintained for the period covered by this
repor
t
.
p. 14,
V.12.d.(iv)
Poplar Point Pumping Station
Maintain a firm sanitary pumping capacity of
45 mgd.
Ongoing
after
10/10/03
The “new” Poplar Point Pumping Station was brought on line on
March 20, 2018. The number of pumps and screens available for
service at the “new” Poplar Point Pumping Station is reported in
Section 2.3.1, Table 2-3 of the CSS Quarterly report, submitted to
EPA Region III and available at DC Water’s website. Table 2-3
shows that the station’s firm pumping capacity was maintained for
the period covered by this repor
t
.
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3-Party Consent Decree: Quarter No. 2 – 2022
ON-GOING ACTIVITIES
Reference Requirement Due Date Status
p. 15,
V.12.e.(v)
Potomac Pumping Station
Maintain a firm sanitary pumping capacity of
460 mgd.
Ongoing
after
10/14/13
The number of pumps and screens available for service at Potomac
Pumping Station is reported in Section 2.3.1, Table 2-3 of the CSS
Quarterly Report, submitted to EPA Region III and available at
DC Water’s website. Table 2-3 shows that the station’s firm
pumping capacity was maintained for the period covered by this
repor
t
.
p. 17,
V.13.b
Facilitate Reports from Public of Dry Weather
Overflows (DWO)
Include DWO information on
water/sewer bill inserts.
Staff and maintain phone line to receive
reports on DWOs.
Ongoing
after
10/10/03
DWO information is included on all water/sewer bill inserts for
CSO program. Phone line and staff remain in operation to receive
DWO reports.
p. 18,
V.14
Control of Solids and Floatable Material in
CSOs
Conduct visual wet weather surveys at
outfalls 009 through 012 to assess the extent
of floatables discharged.
Ongoing
after
10/10/03
Visual surveys completed in the quarter are included in Section 5
of the CSS Quarterly Report, submitted to EPA Region III and
available on DC Water’s website.
p. 18,
V.15
Pollution Prevention Programs
Maintain the MS4 pollution prevention
programs.
Ongoing
after
10/10/03
The MS4 Pollution Prevention Program is being maintained and
updated. The program produces an annual report.
p. 18,
V.15
Pollution Prevention Programs
Continue to periodically educate the public
about pollution prevention through
newsletters and web site.
Ongoing
after
10/10/03
Information about pollution prevention is included on DC Water’s
website. In addition, twice a year, informational pamphlets are
included in the water/sewer bills mailed to citizens.
p. 19,
V.16.a.(i)
Public Notification – CSO Signs
Conduct monthly inspections of CSO warning
signs and replace, repair or clear obstructions
as required.
Monthly Inspection and replacement of signs is documented in Section 2.2
of the CSS Quarterly Reports, submitted to EPA Region III and
available on DC Water’s website.
p. 21,
V.16.b
Public Notification – Web Site
Maintain general info on CSOs, 12 most
current CSS Quarterly Reports, and
annual/quarterly CSO discharge volumes.
Ongoing
after
10/10/03
This information is on DC Water’s website and it is updated
regularly.
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3-Party Consent Decree: Quarter No. 2 – 2022
ON-GOING ACTIVITIES
Reference Requirement Due Date Status
p. 24,
V.17.a
Monitoring
Report CSO overflows at remote (SCADA-
monitored) sites.
04/28/04 Information on CSO overflows reported at SCADA-monitored
sites is included in Table 2-7 of the CSS Quarterly Reports,
submitted to EPA Region III and available on DC Water’s
website.