Landmark Clean Water Agreement
Regional East Bay Sewer Consent Decree 2014
A regional agreement to settle a lawsuit filed by the U.S. Environmental Protection Agency (EPA) has been reached in the form of a Federal Consent Decree (CD) focused on significantly improving the aging sewer infrastructure and protect the San Francisco Bay from sewage spills. The 2014 agreement is a regional collaboration of the East Bay Municipal Utility District (EBMUD), the cities of Oakland, Alameda, Albany, Berkeley, Emeryville, Piedmont and the Stege Sanitary District.
Issues:
- During periods of heavy rainfall, storm water flows often exceed the capacity of EBMUD’s sewage treatment plant, discharging partially treated sewage into the Bay.
- Deteriorating sewage pipes within the sewage collection system clog due to grease, roots and other obstructions, resulting in local overflows of raw sewage.
Overview
Purpose:
- Improve and protect water quality in the San Francisco Bay by improving the aging infrastructure of the sewer system in East Bay cities
- Collaborate on long-term improvements and shared costs throughout the East Bay region and share the positive results
The goals of the Consent Decree are to eliminate discharges from EBMUD wet-weather facilities and reduce sewer overflows from the collection system.
These two goals are planned to be achieved by:
- Rehabilitating both the aging public and private sewer pipes
- Disconnecting storm water connections to the sewer system wherever found
- Improving and increasing system cleaning and inspection activities
Partners:
- EBMUD
- City of Oakland
- City of Alameda
- City of Albany
- City of Berkeley
- City of Emeryville
- City of Piedmont
- Stege Sanitary District
Costs:
- The Consent Decree is expected to take effect in late fall 2014 and is a 22-year agreement.
- The combined costs for the program over 22 years is estimated to be $300 million.
- It is estimated the major work components for the City of Oakland will add $13 million annually, which is fully covered in the current budget and funded through sewer service fee increases which were adopted in 2010. No additional fee increases are anticipated for the next five years.
Materials & Resources
Link to EBMUD's Private Sewer Lateral (PSL) Program for Property Owners
Frequently Asked Questions (See below)
Project Elements for the City of Oakland
Oakland has committed to the following project deliverables, many of which were already in place, and will be assessed and monitored over the 22-year period of the agreement:
- Rehabilitate 13 miles of sewer pipes per year
- Clean the entire sewer system by 2018 and 140 miles per year thereafter
- Inspect 92 miles of sewer pipes per year
- Treat (by root foaming) 50 miles of sewer pipes per year
- Renovate all seven sewer pump stations by 2022
- Eliminate high priority storm water inflow sources within two years wherever found
- Inspect and clean sewer hot spots annually
- Require Private Sewer Lateral (PSL) rehabilitation (initiated in 2012)
- Report defective sewer laterals owned by local, state or federal entities to EPA
- Rehabilitate sewer laterals owned by the City within 10 years at targeted locations
- Notify owners of private-property defective sewer laterals within 90 days
- Enforce repairs on high priority defective sewer laterals
- Assist EBMUD in development of sewer lateral education program
- Formalize the previously implemented fat, oil, and grease control (FOG) program
Frequently Asked Questions
EPA Sewer Consent Decree
- This collaborative agreement represents a next step in the continued high priority, regional commitment to protecting San Francisco Bay.
- Every city, resident and business is connected to the East Bay’s sewer infrastructure in some way.
- Older, deteriorated sewer pipes lead to a number of environmental challenges for our East Bay communities and for San Francisco Bay, including sewage back-ups and discharge of partially treated sewage to the Bay during heavy rain storms.
- While the Bay is significantly cleaner today than it was 30 years ago, new and stricter standards are now in place to assure an ever cleaner and healthier environment.
- The challenge of ever cleaner Bay waters can be solved and will take time, ratepayer/taxpayer investment and a joint, regional effort.
Background
- Six cities and a wastewater district (Alameda, Albany, Berkeley, Emeryville, Oakland, Piedmont and Stege Sanitary District) in the East Bay own, operate and maintain their wastewater collection systems (sewer pipes). These systems are each connected to EBMUD’s wastewater treatment system.
- The EBMUD treatment system was designed completely treat dry weather flows, but during very heavy storms, rainwater can leak into sewer pipes, casuing occaisional releases of partially treated sewage into the Bay.
- Like much of the region’s infrastructure, many of the East Bay’s sewer pipes were built decades ago. Local sewer pipes were not intended to collect storm water, yet they do. During heavy storms, rain as storm water can enter these underground pipes through cracks. This is called “infiltration and inflow” and is a common occurrence in sewer collection systems everywhere.
- In the late 1980s, EBMUD began building large storage systems, called wet-weather facilities, to prevent heavy storms from causing raw sewage overflows into the Bay. At the same time, the cities and Stege Sanitary District repaired leaky sewer pipes that reduced the amount of storm water entering the system.
- Oakland has spent over $300 million since 1980s to improve its collections system and reduce flows.
- These collaborative efforts were successful in drastically reducing discharges of raw sewage to the Bay.
- In 2009, the United States Environmental Protection Agency (EPA) filed federal complaints against each of the cities and districts. It prohibited EBMUD’s wet-weather facilities from discharging partially treated sewage into San Francisco Bay. The cities and Stege Sanitary District were told to stop contributing to those discharges through excess flow in their sewer pipes.
- These new regulations have meant that these wet weather facilities are no longer able to meet the tougher standards for wastewater treatment as more action is needed to improve water quality in the Bay.
- Subsequent negotiations among the cities and districts, state and federal regulators and local environmental groups have resulted in a consent decree agreed to by all parties in June 2014. This settlement gives the cities and districts until 2036 to repair and replace sewer lines, reduce the amount of inflow and infiltration and reduce discharges into San Francisco Bay during heavy storms.
- Consequently, there will be a shared benefit for the environment and a shared cost for residents, property owners, ratepayers and taxpayers from this agreement.
What has been done so far to address the inflow and infiltration problem?
- EBMUD: An ordinance requiring all wastewater customers to repair or replace leaky private sewer laterals was enacted in 2010.
- Oakland has spent over $300 million since the 1980s to improve its collections system and reduce flows.
What does the consent decree require us to do?
- EBMUD must continue to enforce its private sewer lateral ordinance and make upgrades as needed to its 37 miles of pipelines. EBMUD must also implement a regional program to track down the largest sources of storm water entering the sewer system, and it must build and operate a project to remove pollutants from urban runoff in a portion of Oakland, further improving water quality in the Bay.
- Oakland will:
- Rehabilitate 13 miles of sewer pipes per year
- Clean the entire sewer system by 2018 and 140 miles per year thereafter
- Inspect 92 miles of sewer pipes per year
- Treat 50 miles of sewer pipes with root foam (to remove tree roots that grow in sewers and can occasionally casue blockages) per year
- Renovate all seven sewer pump stations by 2022
- Eliminate high priority storm water inflow sources within two years wherever found
- Inspect and clean sewer hot spots annually
- Require private sewer lateral rehabilitation (initiated in 2012, regional requirement)
- Report defective sewer laterals owned by local, state or federal entities to EPA
- Rehabilitate identified sewer laterals owned by the City within 10 years
- Notify owners of private property defective sewer laterals within 90 days
- Enforce repairs on high priority defective sewer laterals
- Assist EBMUD in development of sewer lateral education program
- Formalize the previously implemented fat, oil and grease control (FOG) program
How much will this cost the ratepayers and taxpayers? Regionally and individually?
- The work in Oakland is funded through sewer fees that were most recently adopted in 2010 by City Council. In the current budget there is $50 million per year for two years. No additional fee increases beyond cost-of-living are anticipated in the next five years.
- EBMUD: The requirements of the private sewer lateral program affect property owners in the EBMUD wastewater service area in certain situations. Completely replacing a leaky private sewer lateral can cost a property owner aprroximately $4,000 to $6,000.
- The total cost of repairing or replacing all private sewer laterals over the next 22 years is estimated at $500-$800 million regionally. The program to track down the largest sources of storm water will cost approximatley $2 million per year. The urban runoff treatment project will cost approximately $1.5 million.
Who has contributed most to the problem of raw sewage discharges and sewage back-ups?
- It’s not necessarily the case that anyone has contributed more or less to the problem but more that with time we’ve all become more and more conscious of the need to be better stewards of our environment. What was considered a reasonable level of discharge to the Bay in the 1980s is no longer acceptable as the regulatory criteria have been raised.
- We can all agree with that and we’re all committed to making our systems even cleaner over time. We all agree this is a problem best served with a regional approach, which this settlement represents. Everyone benefits from a cleaner San Francisco Bay.
Who is going to pay for these infrastructure upgrades?
- Ultimately everyone who benefits from a cleaner San Francisco Bay will need to share in the costs of improving our urban infrastructure: property owners, residents, businesses, ratepayers and taxpayers of the cities and districts in the region.
Who benefits from this settlement?
- San Francisco Bay and everyone who cares about keeping the Bay clean!
What happens to the wet weather facilities? Will they be mothballed?
- The wet-weather facilities will still be used to store and treat flows from the largest storms, but their use will become less frequent as the amount of storm water entering the sewers is reduced over time.
Contact Us
- Please visit the Public Works website on the City's Sanitary Sewer System, for additional information.
- To report a sewer (or other infrastructure) problem in the City of Oakland, please contact our Call Center Hotline:
- Call (510) 615-5566
- Email opwcallcenter@oaklandnet.com
- Online at Report a Problem
- Mobile or web app at SeeClickFix
- Call (510) 615-5566
- For more information about the Consent Decree, please contact: Oakland Public Works, Bureau of Design & Construction, Division Manager, Jimmy Mach, P.E., PWM jmach@oaklandnet.com
