Helping America’s Utilities Comply with a Consent Decree

For water utilities, providing clean, accessible water isn’t just a public service—it’s a core responsibility. However, sometimes wastewater collection systems fail, causing overflows or untreated discharges that violate the Clean Water Act. In such cases, cities and utilities may face enforcement actions resulting in a consent decree: a legally binding agreement with the U.S. Environmental Protection Agency (EPA) and Department of Justice requiring corrective measures. These decrees come with fast timelines, complex infrastructure projects, and intense regulatory oversight, making compliance both urgent and resource intensive.

A trusted program management team can be the difference between success and failure.

Choosing the Right Consent Decree Program Management Team

Consent decrees bring high stakes. They demand aggressive capital improvement schedules, coordination with multiple stakeholders, and long-term compliance and cost control. To achieve success, navigating relationships with regulators, non-governmental organizations (NGOs), and community stakeholders is essential. We help bridge divides and minimize delays by involving regulators and NGOs early in capital improvement program (CIP) planning, aligning on project prioritization and integrating all stakeholders into development and review processes for deliverables.

Our team has negotiated successful consent decree modifications and extensions, reducing the risk of penalties and enabling smoother operations. We also develop prioritization and implementation schedules for CIPs using the EPA’s Integrated Planning Framework (IPF). This framework prioritizes projects based on impacts to people and the planet, while considering customer affordability. Once finalized, the IPF can be integrated into consent decree negotiations, offering a roadmap for compliance and operational efficiency.

Recently, we helped the City of Baltimore meet consent decree and National Pollutant Discharge Elimination System permit requirements at two wastewater treatment plants. Our team provided operations and maintenance support, implementing asset management, supervisory control and data acquisition, and work order systems. We also developed key performance indicators to benchmark current performance and establish future goals. Finally, we trained and certified staff, with an emphasis on safety.

Identify Cost-Effective Solutions Using Optimization Tools

Identifying cost-effective consent decree solutions starts by making informed decisions. Using advanced optimization tools powered by genetic algorithms and cloud computing technology, we can provide a holistic analysis of the wastewater collection system. As projects are implemented and post-construction flow monitoring is performed, models can be revised and optimizations repeated. Therefore, future projects can be adjusted, added or eliminated to maintain compliance and control costs.

This helps utilities make appropriate, fiscally responsible decisions backed by robust data.

Design Sustainable, Community-Driven Solutions

Consent decree projects present an opportunity to invest in local communities. For example, the site of an equalization basin could be transformed into basketball or tennis courts. Likewise, locations with abandoned buildings or paved areas could be revitalized using green infrastructure to promote sustainability.

These solutions address regulatory requirements while enhancing community satisfaction, environmental health and overall quality of life. Throughout the United States, our projects have helped ensure clean waterways, reduce flooding and create green spaces offering recreational opportunities. 

Be Proactive to Deliver Projects on Time

Despite labor shortages and other infrastructure projects occurring concurrently, we help utilities quickly hire qualified personnel by conducting early outreach to contractors. This includes attending industry events and connecting with them online. Ensuring projects are delivered well and on time, we recommend offering performance-based incentives to maintain quality, and prepurchasing equipment and materials to avoid costly delays.

A consent decree can present challenges never previously faced. By partnering with an experienced program management team, you can achieve compliance and provide innovative, sustainable solutions that will benefit future generations and make communities more resilient.