Non-Reportable Spills

  1. Backups from wastewater collection systems into concrete basements (regardless of cause).

If we agree that these are non-reportable, how can (should) the Division be made aware of these instances so that we can respond to citizen complaints or assist collection system owners with response to the incident?

  1. Spills of wastewater or other process materials at a wastewater treatment facility onto impervious surfaces and that are cleaned up and do not leave the facility.

We agree with this and would ask whether the entity should be required to keep a record and make that available to the Division upon inspection or upon request.

  1. Spills of less than xxx gallons of wastewater or other process materials at a wastewater treatment facility onto soil and that are cleaned up and do not leave the facility.

This would depend on the definition of “cleaned up.”

  1. Deminimis volumes (volumes and circumstances not specified in the email).

Unfortunately, there is no de minimus value in the statute. Perhaps we could discuss a way to “interpret” the term “may” in the statute in guidance or a regulation as to not present a threat to state waters. The level of concern with this approach would probably range widely depending on whether a “de minimus” spill is of treated wastewater or of an undiluted pesticide.

  1. Sewage spills from private sewers.

These spills are no different than a spill from a publically owned sewer and the issue may be who is required to report the spill and whom it would be attributed to in the Dept/Div database.

  1. Sewage spills from private service lines.

See answer to 5., above.

  1. Sewage spills that are contained inside a storm sewer and do not reach waters of the state.

Spills that reach a storm sewer would be a violation of Regulation 65. We could look at changing that reg but the Div. would need to have something in Reg 65 that might define how far a spill could travel before it would be consider being “lost” and reportable and actionable under Reg 65.

  1. Sewage spills contained to a lift station.

The Division would agree.

  1. Chlorine or other disinfectants used to clean up the area of a spill.

This is an issue we should discuss as chlorine applied near a stream would be a concern due to its significant toxicity to aquatic life.

  1. Spills of drinking water.

The Division has a general permit that currently addresses spills from line breaks and such. The permit is being evaluated for reissuance at this time and changes to provide an additional level of protection to state waters may be considered. Therefore spills of drinking water at this time should be covered under a permit and, where a permit is not in place, they need to be reported.

  1. Spills of reuse water.

Since the statute and regulations address discharges of pollutants, and reuse water may have pollutants such as chlorine and ammonia, these types of spills need to be reported under whatever framework the work group develops. Without committing our permits section, we could consider a general permit for spills of reuse water similar to the treated water discharge permit.

  1. Spills from broken sewer pipes.

Reportable Spills

  1. Any spill that enters waters of the U.S.

This should be changed to “waters of the state.”

  1. Enforceable spills only.

The Division does not enforce on every spill that is reported. Within the context of the statute and regulations, the work group needs to consider the types of spills that need to be reported so that the Division can evaluate them against its enforcement escalation criteria. Therefore, we really can’t limit reporting to enforceable spills as we don’t know whether a spill is enforceable until we’ve had a chance to evaluate the spill.

Spills (with report or don’t report preference not given)

1. Concrete basements or crawl spaces.

See above.

2. Dirt basements or crawl spaces

Similar to spill to dirt – Is excavation of the soil adequate?

3. Concrete containment structures engineered to contain fuel, chemicalsetc.

It would seem that if they are structurally intact, reporting may not be required.

4. Concrete containment structures without additional engineering such as chemical

resistant liners or coatings

See above.

Spill Related Issues Needing Consideration

  1. Clarify the meaning of “…may enter waters of the state.” Delete “may” and change the wording to “…impact waters of the state.”
  2. Clarify the meaning of “…may endanger human health or the environment.” Delete “may” and change the wording to “…endanger human health or harm the environment.”
  3. Develop a list of contaminants and trigger amounts for reporting.

See discussion of de minimus above.

  1. Develop protection for the reporter of a spill if they are not the party responsible for the spill.

This definitely needs to be established.

  1. Develop protection for someone that may assist with a spill clean up if they are not the party responsible for the spill

See above.

  1. Develop criteria for demonstrating groundwater was not affected
  2. Define standards for “clean up.”
  3. Develop protocols for notifying downstream users.