U.S. EPA Approves Lower Mill Creek Solution
2. Why has the cost estimate for the tunnel changed from the original estimate?
At the direction of the USEPA, the default tunnel solution was conceptualized in the final Wet Weather Improvement Plan (WWIP) as a default planning level conceptual solution. All parties (the Regulators, Hamilton County, City of Cincinnati and MSD) knew the default tunnel solution cost was a conceptual planning estimate, and that it was developed without any field engineering or analysis undertaken to inform the conceptual cost. This approach is standard practice on capital improvement projects of this magnitude as it reduces the cost for ratepayers of an initial detailed analysis that may not be relevant as the project advances and the concepts are revised.
3. What if the original project cost exceeds community affordability?
Because of the concern about potential costs, the Regulators, City of Cincinnati and Hamilton County negotiated "triggers" within the Consent Decree that could provide more time or other modifications should the costs exceed the original estimate.
As part of the Lower Mill Creek study outlined in the final WWIP, the Consent Decree allows for an examination of alternatives to the default tunnel through a three-year study which include refinements to the planning level costs. As part of this study, an updated default "grey" solution was developed and designed to nearly 60% level of detail based on detailed field engineering that provided a more accurate assessment of the project realities. The design was developed to achieve a significant volume reduction of the combined sewer overflows (CSOs) within the Lower Mill Creek in order to achieve the goals of the final WWIP. All of these changes resulted in the updated cost estimate.
4. Will this project the Lower Mill Creek Partial Remedy meet the Consent Decree requirements?
Yes, any Lower Mill Creek Partial Remedy (LMCPR) will comply and meet requirements under the final WWIP and Consent Decree.
5. Will the proposed solutions for the project meet water quality standards?
Any LMCPR will comply and meet requirements under the final WWIP and Consent Decree to comply with the Clean Water Act. Under the Clean Water Act, water quality standards apply to streams, not projects. The statement referenced from the presentation to the City of Cincinnati, "Any approach the co-defendants pursue will NOT achieve the fecal coliform standard," refers to the fact that after a ¾-inch rainstorm, the Mill Creek as it enters Hamilton County does not meet the bacteria standard–regardless of any impact or improvement to the MSD combined system. The bottom line? Even if all the CSOs were removed, the Mill Creek would still not meet the bacteria (fecal coliform) standards because the standard is being exceeded at the county line, well upstream of the first overflow.
6. How does MSD determine where to invest resources?
MSD is committed to improving public health and the environment. With compliance with the Consent Decree and final WWIP, MSD is committed to finding the most cost-effective solutions for its ratepayers. MSD conducts detailed engineering and technical analysis, and considers USEPA’s integrated approach to work with partners to identify those cost-effective solutions.
7. How are project costs being covered–who is paying for this?
MSD is committed to ensuring that MSD ratepayers only pay for MSD responsibilities. MSD is collaborating with multiple governmental, nonprofit and other entities to find the best and lowest cost to achieve compliance. The complexity of "integrated" solutions requires continual engagement with multiple agencies across Hamilton County and the City of Cincinnati to ensure parks, roadways, community development, and other issues are integrated properly. MSD has worked diligently to track costs and account for them in good faith.
8. How is MSD addressing historical and cultural issues under the proposed Lick Run Alternative concept?
Historical and cultural issues have been an important area of focus in MSD's efforts to-date on developing the Lick Run Alternative concept. MSD has had discussions with its citizen advisory committee (the Communities of the Future Advisory Committee or CFAC), and federal agencies. Community members have also provided input, as historical and cultural issues were prominently featured in the three community design workshops where input was solicited from the South Fairmount community.
Given the current status of the proposed project, a federal lead agency has not been defined for compliance with Section 106; Section 106 is an obligation of a federal agency to perform. However MSD has taken actions to initiate a process consistent with Section 106 regulatory standards. This assessment of potential project affects on historic properties has been undertaken by MSD out of an abundance of due diligence and commitment to community input.
In light of the fact that this stage of the project will not involve federal agency compliance with Section 106, MSD has decided to take a Best Management Practice (BMP) approach to cultural resource management interests. This approach was developed to consider and address potential historical issues and move forward on decisions under an established BMP process so that a lead agency - should one be defined in the future–can review and understand project related decisions, including community input.
MSD's nationally recognized solution for reducing combined sewer overflows (CSOs) into the Mill Creek was approved May 30, 2013 by the U.S. EPA and other Federal and State Regulators1.
U.S. EPA Approval Letter
MSD Press Release
U.S. EPA Press Release
This sustainable integrated watershed solution will remove 1.78 billion gallons of CSOs annually from the Mill Creek by 2018 during Phase 1 of Project Groundwork, MSD's Consent Decree program. It will not only improve water quality but will serve as a catalyst to improve local neighborhoods.
Known as the "Revised Original Lower Mill Creek Partial Remedy," this solution is recognized as a national model by the U.S. EPA for the sustainable management of stormwater to reduce CSOs. The approach reduces CSOs by primarily focusing on keeping stormwater out of combined sewers during heavy rains.
The remedy - an alternative to the original "gray" solution that included a deep underground storage tunnel - was submitted to the Regulators in December 2012.
The total cost for the sustainable solution is estimated at $244 million (in 2006 dollars), which is more than $200 million less expensive for ratepayers than the deep tunnel.
Other benefits of the sustainable solution include:
- 1.78 billion gallon reduction in annual CSO volume.
- Improvements in water quality.
- Catalyst for community development in local neighborhoods.
- Construction jobs available for local workforce and small business enterprises (SBEs). Nearly 1,000 full-time equivalent construction jobs will potentially be created through 2018.
- Brownfield remediation and repurposing of vacant land.
- National model under U.S. EPA's new "Integrated Planning Framework," which integrates federal, state, county, city, community and other partners.
The remedy includes a suite of projects in the Lick Run, Kings Run, West Fork and Bloody Run watersheds. Project highlights include:
- The Lick Run project reduces overflows into the Mill Creek from the largest CSO in MSD’s system by an estimated 624 million gallons annually. The central element is an urban waterway or valley conveyance system that will convey stormwater and natural drainage through South Fairmount to the Mill Creek.
- The West Fork project reduces overflows into the West Fork Channel, a tributary of the Mill Creek, by an estimated 173 million gallons. It addresses the largest overflow in the West Fork watershed and removes a significant volume of natural drainage from Mt. Airy Forest, the largest park in the City.
- The Kings Run project reduces overflows into the Mill Creek and the Kings Run tributary by an estimated 156 million gallons. This project mainly includes stormwater detention basins and new stormwater sewers to reduce overflows in the Wooden Shoe neighborhood.
- The Bloody Run project reduces overflows into the Mill Creek by an estimated 93 million gallons. This project includes the installation of real time controls near CSO 181, which discharges through a channel to the Mill Creek. Real-time controls include gates, pumps and inflatable dams, etc. that are constructed inside sewer lines to divert excess flows to a different part of the sewer system to prevent overflows.
The Lower Mill Creek solution was developed using an integrated watershed-based approach to reduce CSOs into rivers and streams and basement sewage backups, manage urban stormwater runoff and wastewater needs, enhance the community and improve water quality. MSD conducted significant public outreach in the local watershed communities as part of the integrated solution.
While MSD will not submit its plans for Phase 2 until 2017, the Regulators and MSD have agreed that the final remedy for the Lower Mill Creek watershed will likely also be based on an integrated watershed plan approach, as integrated watershed planning is a new policy direction for U.S. EPA and has proven to be cost effective in Cincinnati for addressing stormwater on the surface and at the source.
For more information, please contact MSD Engineering Customer Service at (513) 557-3594 or MSD.Communications@cincinnati-oh.gov.
1The Regulators include the U.S. EPA, Ohio EPA and the Ohio River Valley Water Sanitation Commission (ORSANCO).