Inland Bays Pollution Control Strategy - PowerPoint PPT Presentation

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Inland Bays Pollution Control Strategy

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Title: Inland Bays Pollution Control Strategy


1
Inland Bays Pollution Control Strategy
  • 10 December 2004

2
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

3
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

4
Why implement?
  • Achieve water quality standards
  • Water quality adequate for designated uses
  • Exceptional recreational and/or ecological
    significance
  • Aquatic uses
  • Swimming, boating, fishing, etc.

5
Bald Eagle Creek, July 7, 2000
6
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

7
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

8
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

9
(No Transcript)
10
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

11
Public TalkReal Choices
  • Organize a Team
  • Education
  • Issue Framing
  • Evaluate Issue Framework
  • Public Forums
  • Recommendations

12
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

13
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

14
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

15
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

16
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

17
The PCS Document
  • Progress to date
  • Point source
  • Nonpoint source
  • Recommendations for future actions
  • How the PCS should achieve the TMDL
  • Costs
  • Implementing Organizations

18
Point Source Progress to Date
  • 13 sources to be eliminated
  • 7 eliminated
  • 1 trade (Vlasic/Pinnacle Foods)
  • 5 sources remain

19
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

20
Point Source Progress
21
Point Source Progress
82.5
8.5
22
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
23
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

24
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

25
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

26
NPS Progress to Date
26
60
27
Average Cost/lb of All BMPs Implemented to Date
28
Costs to Date
29
The POLLUTION CONTROL STRATEGY Recommendations
  • Guiding Principles
  • Point Sources
  • Nonpoint Sources
  • Agriculture
  • Urban/Suburban
  • Wastewater
  • Stormwater
  • Concurrence

30
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.

31
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.

32
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

33
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

34
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

35
Agriculture PCS
36
Agriculture PCS
37
Agriculture PCS
38
Agriculture PCS
39
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.

40
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.

41
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.

42
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

43
(No Transcript)
44
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

45
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.

46
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.

47
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.

48
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

49
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

50
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

51
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.

52
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

53
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.

54
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.

55
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.

56
NPS Progress to Date
26
60
57
The Goal
Agriculture
Stormwater
Wastewater
Achieved
107
100
58
Future Costs
59
Price of N Reduction
1
60
Price of P Reduction
1
61
The Goal
Agriculture
Stormwater
Wastewater
Achieved
107
100
62
Wastewater
Agriculture
Concurrence
Future Land Use
Stormwater
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