Inland Bays Pollution Control Strategy

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Inland Bays Pollution Control Strategy

• 10 December 2004

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Overview

• TMDLs
• Pollution Control Strategy development process
• Tributary Action Teams
• PCS workgroup
• Progress to date
• Point Sources
• Nonpoint Sources
• The Pollution Control Strategy
• Point Source
• Nonpoint Sources
• Agriculture
• Urban
• Wastewater
• Concurrence
• Review Costs and Nutrient Reductions
• Comments

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TMDLTotal Maximum Daily Load

• Systematic elimination of all point sources of
  nutrient loading
• Remove 40-85 nonpoint N
• Remove 40-65 nonpoint P
• 20 reduction in
• atmospheric deposition of N
• via Clean Air Act
• Implementation through a
• Pollution Control Strategy

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Why implement?

• Achieve water quality standards
• Water quality adequate for designated uses
• Exceptional recreational and/or ecological
  significance
• Aquatic uses
• Swimming, boating, fishing, etc.

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Bald Eagle Creek, July 7, 2000
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What is a Pollution Control Strategy (PCS)?

• Set of actions that are designed to achieve the
  TMDL by reducing nutrient loading
• Implement the PCS through regulation although the
  components may be a combination of voluntary and
  required actions
• The Tributary Action Team recommends the PCS to
  the Department for promulgation

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What is a Tributary Action Team?

• A group of citizens
• With varying interests, concerns, knowledge and
  beliefs
• Who meet with the purpose of recommending a
  Pollution Control Strategy to the Department

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Why Tributary Action Teams?

• Involve all members of the community
• Gain the perspectives and knowledge of the people
  likely to be impacted by the PCS
• Have the public recommend a PCS with which they
  are willing to comply

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Public TalkReal Choices

• Move the formulation and creation of a major
  public policy from the agency to the public
• Deliberation and Dialogue
• Front-load the public in the process

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Public TalkReal Choices

• Organize a Team
• Education
• Issue Framing
• Evaluate Issue Framework
• Public Forums
• Recommendations

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Inland Bays TAT History

• Convened by Center for the Inland Bays
• Joined with TMDL Advisory Committee
• Sent three sets of recommendations for the PCS to
  DNREC
• Addressed wastewater, development, stormwater
• Silent on agriculture

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IB-TAT Agriculture

• Beginning of TAT process also beginning of
  discussion on the Nutrient Management Act
• Agriculture was taken off the table
• No consensus on BMP efficiencies
• Need to account for Ag progress
• Needed an agriculture component to the Strategy

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PCS Workgroup

• Members from various agencies
• DNMC staff
• DNREC DWR DSWC
• NRCS
• Sussex Conservation District
• Kent Conservation District
• University of Delaware Cooperative Extension
• Mission To devise a method to estimate how
  existing agricultural practices have already
  contributed to achieving the TMDL-mandated
  nutrient load reductions

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PCS Workgroup Decisions

• Calculations/recommendations based on best
  available science
• Averages from several studies and/or ranges
• Dependent on weather and site specific conditions
  
• A lag time (1-40 years) likely exists between
  practice implementation and surface water quality
  improvement

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Nutrient Management Commission Decisions

• Concurred with Workgroup decisions on BMP
  efficiencies
• Endorsed concept of Ag BMP goals in PCS
• Recognize the enormous contributions that
  Agriculture has made toward reducing nonpoint
  source pollutant loadings to the Inland Bays
• Everyone needs to do their fair share

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The PCS Document

• Progress to date
• Point source
• Nonpoint source
• Recommendations for future actions
• How the PCS should achieve the TMDL
• Costs
• Implementing Organizations

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Point Source Progress to Date

• 13 sources to be eliminated
• 7 eliminated
• 1 trade (Vlasic/Pinnacle Foods)
• 5 sources remain

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Point Source Progress to Date

• 7 eliminated
• Delaware Seashore State Park
• Frankford Elementary School
• Colonial East Mobile Home Park
• Townsends (2 sources)
• Delaware State Housing Authority
• Georgetown Wastewater Treatment Plant
• 1 trade (Vlasic/Pinnacle Foods)

• 5 remaining
• NRG/Conectiv/DPL
• Bayshore Mobile Home Park
• Permit exp. 2005
• Lewes Wastewater Treatment Plant
• negotiations
• Millsboro Wastewater Treatment Plant
• Exploring alternatives
• Rehoboth Wastewater Treatment Plant
• Consent decree

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Point Source Progress
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Point Source Progress
82.5
8.5
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NPS Progress to DateAgriculture
BMP Acres or tons TN reduced (lbs/day) TP reduced (lbs/day)
NMP 4800 57 NA
Liquid waste management 1 NA NA
Animal waste storage 126 NA NA
Composters 117 NA NA
Phytase All feed 0 25
Relocation 8026 196 20
Alternative use 4782 196 20
Grass buffer 44 3.3 0.13
Forest buffers 35 4 0.13
Wetlands 3.4 0.39 0.01
Wildlife habitat 134 3.12 0.07
Cover crops 3887 134 0.42
Water control structures 1530 29 0
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NPS Progress to Date--Wastewater

• 16,534 OWTDS on central sewer
• 90 removal efficiency for Wolf Neck
• 100 efficiency for South Coastal
• Total 517 lb/day TN 37 lbs/day TP removed
• 9.8 million/year or 52/lbTN removed
• Or 8500 per system

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NPS Progress to Date--Wastewater

• Holding Tank Inspection Program
• 182 holding tanks
• Pumped 12 times/yr
• 14 lb/day TN 4.6 lb/day TP removed
• 92/lb TN removed or 2,550/system/yr

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NPS Progress to DateStormwater

• Implementation of Sediment and Stormwater Law
• 130 acres treated
• 22 lb/day TN 1.5 lb/day TP removed
• 62-313/lb TN reduced

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NPS Progress to Date
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60
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Average Cost/lb of All BMPs Implemented to Date
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Costs to Date
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The POLLUTION CONTROL STRATEGY Recommendations

• Guiding Principles
• Point Sources
• Nonpoint Sources
• Agriculture
• Urban/Suburban
• Wastewater
• Stormwater
• Concurrence

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Guiding Principles

• A public policy of incentives, when strengthened
  with the threat of regulation, should allow
  people to innovate within their own financial
  constraints.
• Education needs to be applied across the board
  with emphasis on the younger generation.
• Be able to adapt to changes in scientific
  knowledge, but not allow the need for scientific
  certainty to prevent action from taking place
  immediately.

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Guiding Principles

• Recognize the need for experts and professionals
  as well as the need for community participation
  in the development and implementation of policy.
• Cost-benefit analyses are important tools, yet
  they should be used efficiently, within bounds,
  and not as delay tactics.
• Recognize the importance of political players
  in accomplishing Pollution Control Strategies.
• People want to know where their tax money is
  being applied.

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Point Sources

• Systematic elimination
• To require the elimination of waste loading into
  the affected waterbody by point sources on a
  firm, fixed schedule as approved by the
  Department. This elimination must occur within
  five years of the expiration of the facilitys
  current NPDES permit unless a longer period of
  time is provided for in a State or Federally
  enforceable Consent Order, Decree, or
  Administrative Order.
• Water quality trading available as an option
• 21 ratio
• Must achieve the NPS reduction before can
  generate credit

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Agriculture Implementation Goals

• Full compliance with NMA
• VOLUNTARY
• Maintain existing BMPs
• Continue use of phytase and other feed amendments
• Minimize land taken out of production
• BMP goals would remove less than 7 of
  agricultural lands from production
• Least cost of all nonpoint source BMPs most
  bang for the buck

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Agriculture Implementation Goals

• 39,105 acres of cover crops (annually)
• 1,630 acres in forested buffer
• 1,630 acres restored as wetlands
• Add an additional 50 storage/compost structures
• Increase the manure relocated to 21,730 tons
• Treat an additional 450 acres with water control
  structures

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Agriculture PCS
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Agriculture PCS
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Agriculture PCS
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Agriculture PCS
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Urban/Suburban

• Voluntary
• The Strategies for State Policies and Spending
  and other incentive/disincentive tools should be
  specifically tied to natural resource protection
  goals in the Inland Bays Watershed.
• Develop a program that addresses practices that
  may result in nutrient reductions on parcels of
  10 acres or less where nutrients are applied.
  These shall include, but are not limited to
  establishing nutrient budgets for homeowners,
  technical support for small landowners, and
  education.

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Urban/Suburban

• Regulatory
• Designation of the Inland Bays Watershed as a
  Critical Environmental Area. The entire Inland
  Bays Watershed shall be managed for nutrient
  reductions consistent with TMDL load reductions,
  or reductions attributed to best available
  technologies (BATs).
• Open space shall be managed to reduce nutrient
  loading.

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Urban/Suburban

• Regulatory
• Upon the development of a parcel, a nutrient
  budget must be produced. The nutrient budget
  must illustrate that the future land use will
  reduce nutrient loading by the percentage
  required by the TMDL for the waterbody in which
  watershed the particular location exists (or uses
  all available BMPs).
• The Department shall not issue any permit for a
  parcel or project unless a submitted and approved
  nutrient budget shows that the parcel or project
  will achieve the TMDL-required nutrient load
  reduction (or uses all available BMPs).
• Require urban/residential riparian buffers of 100
  feet from all perennial and intermittent streams.
  

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Nutrient Budget

• Protocol designed to evaluate the impact of a
  land use change on nutrient loading
• Based on the use of best management practices,
  their nutrient reduction efficiencies, and land
  use loading rates based in scientific literature
• Piloted during the PLUS process
• Use is required before release of any DNREC permit

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Non-Agricultural Buffers

• Only for NEW developments
• Tier 1
• 50 closest to water or wetland
• Vegetation requirement (trees)
• Tier 2
• 25 from outer edge of Tier 1
• Vegetation requirement (trees, shrubs)
• Tier 3
• 25 from outer Tier 2
• Vegetation requirement (trees, shrubs, or
  grasses)
• Allows for an average of 100 feet as long as 80
  meets a minimum of 50 feet

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Wastewater

• Voluntary
• Sussex County converts an additional pre-existing
  5,000 individual onsite systems to central sewer.
  
• 100 efficiency for South Coastal
• Total 170 lb/day TN 12 lb/day TP removed
• 60/lb TN removed
• Or 10,000-11,000 per system
• Or 657/system/yr
• Economic assistance for those in need will be
  available through the Financial Assistance
  Branch, Division of Water Resources.

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Wastewater

• Regulatory
• The DNREC, Division of Water Resources, Ground
  Water Discharges Section shall implement a
  compliance and inspection program for individual
  onsite wastewater treatment and disposal systems
  in order to enforce existing requirements that
  the associated tanks be pumped every three years
  by a licensed liquid waste hauler and that
  alternative systems are maintained in accordance
  with manufacturers specifications.
• Proof of pump-out at property transfer
• Permanent holding tanks shall not be permitted
  within the watershed. A permanent holding tank
  is a tank that will be in use for 4 years or
  more.
• Maintain the existing Holding Tank inspection
  program.

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Wastewater

• Regulatory
• All new or replacement on-site wastewater
  disposal systems must be designed to achieve
  performance standards as specified in the PCS
  regulation. These standards vary based on system
  size. In addition, all existing functional
  systems must be retrofitted in accordance with
  the performance standards within 15 years of the
  promulgation of the PCS regulation. Systems in
  compliance with inspection requirements and
  standards, which are slated to be connected to
  central sewer within this same time period, will
  be exempt from this requirement.

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Performance Standards

• Tiered based on system size
• Nitrogen based
• Provision for requiring Phosphorus standards
• Built-in inspection
• Ability for property owner to select a system
  off the shelf or to work with an Engineer

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Performance Standards

• Nitrogen Tiers
• PSN1
• 20,000 gpd or larger
• 5 to 8 mg/l
• PSN2
• Between 2,500 and 20,000 gpd
• 12.5 mg/l
• PSN3
• Less than 2,500 gpd
• 20 mg/l

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Performance Standards

• Phosphorus Tiers
• PSP 1
• 3.9 mg/L
• Case-by-case for 20,000 gpd and larger
• PSP 2
• 7.85 mg/l
• Case-by-case for 2,500 20,000 gpd
• Case-by-case determination based on
• Soil tests and
• Groundwater P concentrations
• Site has seasonal high water table above 27
  inches

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Stormwater

• Voluntary
• Innovative designs such as rain gardens, natural
  landscaping, and constructed wetlands are
  encouraged where appropriate.
• Develop a program to assist homeowners
  associations in the creation of a stormwater
  maintenance plan as well as to assist in the
  establishment of a funding mechanism to meet
  financial obligations for related stormwater
  facility maintenance.
• Institute tax incentives that encourage an
  increase in open space (green areas) in
  commercial developments, thus, reducing the
  percentage of impervious surface and reduce
  nutrient contributions.

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Stormwater

• Voluntary
• Encourage Sussex County to create a stormwater
  utility for the Inland Bays Watershed.
• This utility would collect fees for the
  construction (in older developments) and
  maintenance of stormwater management structures.
• Create stormwater management facilities for 4500
  acres of urban and residential lands developed
  pre-1990.
• 67 lb TN reduced and 4.6 lbs TP reduced
• 76-142/lb TN reduced

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Stormwater

• Regulatory
• Where practicable, all permanent sediment and
  stormwater management plans shall be designed and
  implemented
• to reduce nutrient contributions by the
  percentage required by the TMDL to the ground and
  surface waters to the maximum extent practicable
• comparison between the post-developed condition
  with and without stormwater quality management
  best management practices
• In instances where other pollutants would be best
  controlled through other means, the Department
  may permit management based on the best treatment
  for the particular pollutant of concern.

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Concurrence

• Voluntary
• Form a task force to examine laws, regulations
  and ordinances that are in effect within the
  Inland Bays Watershed. This group will then
  identify areas where adjustments are needed in
  order to have concurrence.

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Concurrence

• Regulatory
• All isolation, set-backs and separation distances
  shall be maintained in accordance with existing
  regulations, ordinances and codes.
• The use of advanced nutrient reduction technology
  shall not be used as justification for reductions
  in isolation, set-back and/or separation
  distances.
• All water quality impacting permits shall be
  consistent with the Surface Water Quality
  Standards (SWQS). The Department will begin
  creating a process to ensure that all wastewater
  and stormwater permits meet these standards.

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NPS Progress to Date
26
60
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The Goal
Agriculture
Stormwater
Wastewater
Achieved
107
100
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Future Costs
59
Price of N Reduction
1
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Price of P Reduction
1
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The Goal
Agriculture
Stormwater
Wastewater
Achieved
107
100
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Wastewater
Agriculture
Concurrence
Future Land Use
Stormwater