Combined sewer overflows
Provide comments about King County and Seattle CSO Agreements
Ecology, EPA, and the Department of Justice have agreed to modify legal agreements with King County and the City of Seattle to complete projects required to reduce CSOs. Please see more information below about these modifications. The federal court is currently seeking public comment on these modifications. If you would like to review the modified agreement language or submit a comment, please visit the the Department of Justice’s webpage to submit comments on the modifications. The comment period will close on Dec. 23, 2024.
Combined sewer overflows (CSOs) discharge untreated sewage mixed with stormwater to Washington's waterways during heavy rain events. This occurs with some old collection systems that were designed to overflow when rainfall or snowmelt exceeds the capacity of the treatment facilities.
Working to protect water quality
With our oversight, local governments that own and operate combined sewer systems work to reduce overflows and control water pollution. Federal and state regulations (chapter 173-245 WAC) require each system to reduce overflows to no more than an average of one discharge per year, per outfall. Eight of the state’s 11 communities with combined sewer systems have controlled their overflows and the rest are making progress.
Without control over combined sewer overflows (CSOs), large quantities of raw sewage can be released into lakes, rivers, and Puget Sound. Contaminants in CSOs can include pathogens, oxygen-consuming pollutants, solids, nutrients, and toxics — all of which can harm people, fish, and wildlife.
Our role in preventing CSOs
We use permits — and legal orders — to implement the requirments for communities to control their overflows. The permits and orders often include schedules for when communities must complete control projects. If communities violate the conditions in their permits or orders, they may face penalties or other enforcement.
Also, we review and approve the plans and engineering documents that communities develop to ensure their proposed wastewater projects meet water quality laws. Those plans can propose a variety of approaches to achieve control.
To control CSOs, communities may:
- Separate sewer and stormwater collection.
- Construct large tunnels and tanks to store and then treat combined flows after storm events.
- Provide facilities that operate during high flows.
- These facilities typically provide primary treatment, disinfection, and screening to remove large solids.
- They must meet technology-based and water quality-based pollution limits in permits.
- Use green stormwater infrastructure, such as create roadside rain gardens, permeable pavement, and downspout-to-ground disconnect programs that reduce or eliminate the flow of stormwater into the combined sewer.
Communities with combined sewer overflows
Wastewater discharge permits for the following 11 communities conditionally authorize occasional discharges of untreated combined sewage. Please use the links in the “PARIS summary page” column to access the current permit and fact sheet from our permitting database along with available annual reports.
Community |
Expected control date |
Number of CSO outfalls |
Compliance documents |
PARIS summary page |
---|---|---|---|---|
Anacortes |
Controlled |
2 |
||
Bellingham |
Controlled |
1 |
||
Bremerton |
Controlled |
14 |
||
Everett |
2027 |
13 |
||
King County |
2037 |
38 |
||
LOTT |
Controlled |
1 |
LOTT Wastewater Treatment Plant (Lacey, Olympia, Tumwater, Thurston Co.) |
|
Mount Vernon |
Controlled |
2 |
||
Port Angeles |
Controlled |
3 |
||
Seattle |
2037 |
85 |
||
Snohomish |
Controlled |
2 |
||
Spokane |
Controlled |
20 |
Largest CSOs in the state: King County and Seattle
King County and the City of Seattle own and operate the two largest combined sewer systems in the state. The systems operated by them contain nearly 70% of the permitted CSO outfalls in the state. Both local governments control different portions of a complex, interconnected system. Since CSO controls put in by one agency can impact the other’s system, both agencies must work together to solve shared problems. Given the size and complexity of the projects both agencies must complete, we recognize that it will take both agencies more time to control all of their outfalls.
Original Agreement
In 2013, we joined with EPA to negotiate separate federal agreements (consent decrees) with King County and the City of Seattle. In those agreements, both King County and Seattle were scheduled to have their overflows mostly controlled by 2030.
The agreements generally:
- Set schedules for completing CSO control projects.
- Set requirements for sanitary sewer overflows.
- Set requirements for compliance with the county’s and city’s National Pollutant Discharge Elimination System (NPDES) permits.
- Set stipulated penalties for violations of the consent decrees and for certain NPDES permit violations.
Modified agreement to control overflows by 2037
As the County and City began to complete projects required by the original agreements, both determined that they would need additional time to fully control the remaining CSOs. In 2019, both the County and City submitted initial requests to Ecology and EPA asking for modifications of their agreements. As part of their request, the County and City cited that improvements in their ability to predict how climate change will impact their combined sewer systems led to the conclusion that they need to construct larger projects than originally anticipated. Their analysis found that larger projects would be better for both reducing pollution and less expensive than building the originally planned facilities and then retrofitting them later to address climate change.
Ecology and EPA agreed to modify the agreements to give the County and the City more time to develop larger projects that are more resilient to climate change. These modifications shifted the priority of projects to ensure those in the Lower Duwamish area are completed first. The modifications extend the date to control all outfalls to 2037 from the original 2030. The modifications also provide greater flexibility for the County and City to adapt their plans as new information becomes available or new opportunities for collaboration arise.
The federal court is currently seeking public comment on these modifications until Dec. 23, 2024. If you would like to review the modified agreement language or submit a comment, please visit the Department of Justice’s webpage.
Stipulated penalities
The 2013 consent decrees, set stipulated penalties for violating certain requirements in the agreements. Penalties are based on the type of violation. These stipulated penalties are paid to both us and EPA. The following tables list the penalties for the County and City since 2013.
We receive half of each penalty and deposit the money into the state’s Coastal Protection Fund. This fund pays for local projects throughout the state that improve water quality or enhance fish and wildlife habitat.
Related links
Contact information
Shawn McKone
Municipal Unit Supervisor
shawn.mckone@ecy.wa.gov
206-594-0158