At first MCWRS Member Chat, Members Discuss NPDES Permit Appeals

On November 19, 2020, MCWRS hosted its first Member Chat, a virtual roundtable discussion of current events and issues facing the Massachusetts water sector. This month, MCWRS Vice President Josh Schimmel, Springfield Water & Sewer Commission (SW&SC), guided a conversation with Cheri Cousens, Greater Lawrence Sanitary District (GLSD) and MCWRS Treasurer, on her successful NPDES permit appeal. This discussion was timely, given the series of NPDES permits EPA issued to Massachusetts communities over the past three months.

After briefly introducing the GLSD facility, Cheri outlined the proposed changes included in the GLSD draft permit. Some of the most prominent included the testing of four metals, aluminum, copper, cadmium and lead, CSO public notification plans and reporting, and a phosphorus limit.

Cheris’ advice for facilities who receive a draft NPDES permit is to immediately ask for an extension on the comment period and then focus on the most critical aspects of the permit. Adding counterpoints to every change has the potential to dilute the argument. In GLSD’s case, the appeal focused on 7Q10, chlorine residuals and the phosphorus limit.

Additionally, Cheri warned that the appeal process is expensive and time consuming. GLSD hired three consultants to help with the appeal process, which she estimated cost around $100,000, not including time and effort spent by GLSD staff. She suggested that other facilities prepare by budgeting for an appeal before it happens.   

A key takeaway from Cheris’ experience is the importance of clean sampling. Regular sampling is affected by cross-contamination and can result in imprecise data that can be used by regulators. By using data from clean sampling, GLSD was able to demonstrate that metals were not an issue, allowing  metal limits to be removed from its final NPDES permit. The Coalition aims to provide a space where water sector professionals can talk informally about their experiences with their peers and learn from each other. Josh reflected on the importance of communicating with peers who have been through similar processes to share information.