WHO IS RESPONSIBLE FOR RAIN?

A major rain event occurs. In basements, raw sewage backs up from floor drains and wash tubs. Manhole covers pop open and raw sewage fills yards and streets. A wastewater treatment plant is deluged and bypasses raw sewage to the local stream. Who is responsible for these rain consequences?

Is it the city, which permitted homes to be built in flood plains without adequate storm water collection systems? Is it the homeowner, who has connected sump pumps and downspouts to the sanitary sewer? Is it the utility, whose collection mains may be undersized or blocked or manhole covers porous? Is it the wastewater treatment plant, which may have insufficient capacity to receive excess wet weather flows?

A USEPA press release of December 14, 2011 announced a significant consent decree settlement between it and the Metropolitan Water Reclamation District of Greater Chicago. The District provides wastewater treatment essentially for all sewage collected in Cook County. Historically, in major wet weather events, District interceptors and plants often have become surcharged by storm water inflows and infiltration. The consent decree appears to shift responsibility for the problem to the District. It establishes a schedule for completion of the District's deep tunnel and reservoir system to store untreated sewage so as to control untreated releases to rivers and Lake Michigan. It also requires the District to implement a "green" program by doing such things as distributing rain barrels and engaging in projects for green roofs and rain gardens.

Generally, however, it would seem that all involved parties have responsibility for inflow and infiltration of storm water into a sanitary sewer system. Cities have a responsibility to engage in reasonable land planning and effective storm water disposal. Homeowners have a responsibility to disconnect sump pump and downspout illegal connections to the sanitary sewer. Utility systems have a responsibility to police for illegal connections (for my clients, I developed illegal connection inspection and enforcement programs), to inspect mains and manholes for breaks and blockages, and to install sealed manhole covers. Wastewater treatment plants have a responsibility to assure that all excess flows that may be bypassed receive requisite treatment.

So, who is responsible for rain? Everyone!