Consent Decrees and WWIP

Background

In the late 1980s and 1990s, the U.S. EPA, through the Clean Water Act, called for eliminating sanitary sewer overflows (SSOs) and reducing combined sewer overflows (CSOs) into local waterways. This action affected every wastewater utility in the country, including MSD. Increased scrutiny in the late 1990s from the U.S. Department of Justice (DOJ) and U.S. EPA brought the issue to the forefront as they began enforcing the ruling in large cities and leveling heavy civil penalties on those out of compliance.

In 1999, MSD, which had already begun eliminating SSOs and reducing CSOs, entered into negotiations with the EPA, DOJ, and the State of Ohio to establish a formal remediation program. These negotiations resulted in two Consent Decrees and a Wet Weather Improvement Plan (WWIP), which are collectively known as our Wet Weather Program:

Interim Partial Consent Decree - 2002

On February 15, 2002, the City of Cincinnati and Hamilton County entered into an Interim Partial Consent Decree on Sanitary Sewer Overflows (SSOs) with the U.S. EPA, Ohio EPA, and the Ohio River Valley Water Sanitation Commission (ORSANCO). The decree was lodged with the United States District Court for the Southern District of Ohio, Western Division.

Documents related to the Interim Partial Consent Decree can be found under Downloads to the right.

Global Consent Decree - 2004

On June 9, 2004, the the City of Cincinnati and Hamilton County entered into a Global Consent Decree with the U.S. EPA, Ohio EPA, and the Ohio River Valley Water Sanitation Commission (ORSANCO). This global decree covered Combined Sewer Overflows (CSOs), Wastewater Treatment Plants, and Implementation of Capacity Assurance Program Plan for Sanitary Sewer Overflows. The decree was lodged ith the United States District Court for the Southern District of Ohio, Western Division.

Documents related to the Global Consent Decree can be found under Downloads to the right.

Wet Weather Improvement Plan (WWIP) - 2010

In August 2010, the U.S. EPA approved MSD's Wet Weather Improvement Plan (WWIP), a >$3.1 billion (in 2006 dollars) roadmap for reducing CSOs, eliminating SSOs, and addressing sewer backups.

Documents related to the WWIP can be found under Downloads to the right.

The WWIP is being conducted in phases:

Phase 1 (2009-2021):

Phase 1, which is now complete, included 133 projects, as well as special programs known as allowances, to reduce or eliminate sewer overflows and address sewer backups. The largest-scale project was the Lower Mill Creek Partial Remedy, which reduces overflows into the Mill Creek by nearly 2 billion gallons a year, primarily through the Lick Run Greenway. In total, Phase 1 has eliminated 6 billion gallons annually of sewer overflows from across MSD's service area.

Bridge Plan (2018-2022):

In the interim period between Phase 1 and Phase 2A, MSD is working on 20 wet weather projects known as the Bridge Plan. 17 projects have been completed as of December 2022. Of the remaining three, two are in construction and one will be in construction by early 2023. Updates on the Bridge Plan can be found in the Consent Decree Quarterly Reports on the Progress page.

Phase 2A:

Phase 2 of the WWIP will be implemented in phases over multiple years, starting with Phase 2A. Phase 2A has not yet been negotiated with the U.S. EPA.