inland bays pollution control strategy

Inland Bays Inland Bays Pollution Control Pollution Control

StrategyStrategy10 December 200410 December 2004

OverviewOverview• TMDLsTMDLs• Pollution Control Strategy development processPollution Control Strategy development process

– Tributary Action TeamsTributary Action Teams– PCS workgroupPCS workgroup

• Progress to dateProgress to date– Point SourcesPoint Sources– Nonpoint SourcesNonpoint Sources

• The Pollution Control StrategyThe Pollution Control Strategy– Point SourcePoint Source– Nonpoint SourcesNonpoint Sources

• AgricultureAgriculture• UrbanUrban• WastewaterWastewater• ConcurrenceConcurrence

• Review Costs and Nutrient ReductionsReview Costs and Nutrient Reductions• CommentsComments

TMDLTMDLTotal Maximum Daily Total Maximum Daily

LoadLoad• Systematic elimination of all point sources Systematic elimination of all point sources of nutrient loadingof nutrient loading

• Remove 40-85%Remove 40-85% nonpoint Nnonpoint N• Remove 40-65% nonpoint PRemove 40-65% nonpoint P• 20% reduction in 20% reduction in

atmospheric deposition of Natmospheric deposition of Nvia Clean Air Actvia Clean Air Act

• Implementation through a Implementation through a Pollution Control StrategyPollution Control Strategy

Why implement?Why implement?• Achieve water quality standardsAchieve water quality standards• Water quality adequate for Water quality adequate for

designated usesdesignated uses– Exceptional recreational and/or Exceptional recreational and/or

ecological significanceecological significance– Aquatic usesAquatic uses– Swimming, boating, fishing, etc.Swimming, boating, fishing, etc.

Bald Eagle Creek,

July 7, 2000

What is a Pollution What is a Pollution Control Strategy (PCS)?Control Strategy (PCS)?• Set of actions that are designed to Set of actions that are designed to

achieve the TMDL by reducing nutrient achieve the TMDL by reducing nutrient loadingloading

• Implement the PCS through regulation Implement the PCS through regulation although the components may be a although the components may be a combination of voluntary and required combination of voluntary and required actionsactions

• The “Tributary Action Team” The “Tributary Action Team” recommends the PCS to the Department recommends the PCS to the Department for promulgationfor promulgation

What is a Tributary What is a Tributary Action Team?Action Team?

• A group of citizensA group of citizens• With varying interests, concerns, With varying interests, concerns,

knowledge and beliefsknowledge and beliefs• Who meet with the purpose of Who meet with the purpose of

recommending a Pollution recommending a Pollution Control Strategy to the Control Strategy to the DepartmentDepartment

Why Tributary Action Why Tributary Action Teams?Teams?

• Involve all members of the Involve all members of the communitycommunity

• Gain the perspectives and Gain the perspectives and knowledge of the people likely to knowledge of the people likely to be impacted by the PCSbe impacted by the PCS

• Have the public recommend a PCS Have the public recommend a PCS with which they are willing to with which they are willing to comply comply

Public Talk—Real Public Talk—Real ChoicesChoices

• Move the formulation and Move the formulation and creation of a major public policy creation of a major public policy from the agency to the publicfrom the agency to the public

• Deliberation and Dialogue Deliberation and Dialogue • ““Front-load” the public in the Front-load” the public in the

processprocess

Public Talk—Real Public Talk—Real ChoicesChoices

• Organize a TeamOrganize a Team• EducationEducation• Issue FramingIssue Framing• Evaluate Issue FrameworkEvaluate Issue Framework• Public ForumsPublic Forums• Recommendations Recommendations

Inland Bays TAT HistoryInland Bays TAT History• Convened by Center for the Inland Convened by Center for the Inland

BaysBays• Joined with TMDL Advisory Joined with TMDL Advisory

CommitteeCommittee• Sent three sets of recommendations Sent three sets of recommendations

for the PCS to DNRECfor the PCS to DNREC– Addressed wastewater, development, Addressed wastewater, development,

stormwaterstormwater– Silent on agriculture Silent on agriculture

IB-TAT & AgricultureIB-TAT & Agriculture• Beginning of TAT process also Beginning of TAT process also

beginning of discussion on the beginning of discussion on the Nutrient Management ActNutrient Management Act

• Agriculture was taken off the tableAgriculture was taken off the table• No consensus on BMP efficienciesNo consensus on BMP efficiencies• Need to account for Ag progress Need to account for Ag progress • Needed an agriculture component to Needed an agriculture component to

the Strategythe Strategy

PCS WorkgroupPCS Workgroup• Members from various agenciesMembers from various agencies

– DNMC staffDNMC staff– DNREC: DWR & DSWCDNREC: DWR & DSWC– NRCSNRCS– Sussex Conservation DistrictSussex Conservation District– Kent Conservation DistrictKent Conservation District– University of Delaware Cooperative ExtensionUniversity of Delaware Cooperative Extension

• Mission: To devise a method to estimate Mission: To devise a method to estimate how existing agricultural practices have how existing agricultural practices have already contributed to achieving the already contributed to achieving the TMDL-mandated nutrient load reductions TMDL-mandated nutrient load reductions ……

PCS Workgroup PCS Workgroup DecisionsDecisions

• Calculations/recommendations Calculations/recommendations based on best available sciencebased on best available science– Averages from several studies and/or Averages from several studies and/or

rangesranges– Dependent on weather and site Dependent on weather and site

specific conditions specific conditions – A lag time (1-40 years) likely exists A lag time (1-40 years) likely exists

between practice implementation and between practice implementation and surface water quality improvementsurface water quality improvement

Nutrient Management Nutrient Management Commission DecisionsCommission Decisions

• Concurred with Workgroup decisions on Concurred with Workgroup decisions on BMP efficienciesBMP efficiencies

• Endorsed concept of Ag BMP goals in Endorsed concept of Ag BMP goals in PCSPCS

• Recognize the enormous contributions Recognize the enormous contributions that Agriculture has made toward that Agriculture has made toward reducing nonpoint source pollutant reducing nonpoint source pollutant loadings to the Inland Baysloadings to the Inland Bays

• Everyone needs to do their fair shareEveryone needs to do their fair share

The PCS DocumentThe PCS Document• Progress to dateProgress to date

– Point sourcePoint source– Nonpoint sourceNonpoint source

• Recommendations for future actionsRecommendations for future actions• How the PCS should achieve the How the PCS should achieve the

TMDLTMDL• CostsCosts• Implementing OrganizationsImplementing Organizations

Point Source Progress to Point Source Progress to DateDate

• 13 sources to be eliminated13 sources to be eliminated• 7 eliminated7 eliminated• 1 trade (Vlasic/Pinnacle Foods)1 trade (Vlasic/Pinnacle Foods)• 5 sources remain5 sources remain

Point Source Progress to Point Source Progress to DateDate

• 7 eliminated7 eliminated– Delaware Seashore Delaware Seashore

State ParkState Park– Frankford Elementary Frankford Elementary

SchoolSchool– Colonial East Mobile Colonial East Mobile

Home ParkHome Park– Townsend’s (2 sources)Townsend’s (2 sources)– Delaware State Housing Delaware State Housing

AuthorityAuthority– Georgetown Wastewater Georgetown Wastewater

Treatment PlantTreatment Plant• 1 trade 1 trade (Vlasic/Pinnacle (Vlasic/Pinnacle

Foods)Foods)

• 5 remaining 5 remaining – NRG/Conectiv/DP&LNRG/Conectiv/DP&L– Bayshore Mobile Home Bayshore Mobile Home

ParkPark• Permit exp. 2005Permit exp. 2005

– Lewes Wastewater Lewes Wastewater Treatment PlantTreatment Plant

• negotiationsnegotiations– Millsboro Wastewater Millsboro Wastewater

Treatment PlantTreatment Plant• Exploring alternativesExploring alternatives

– Rehoboth Wastewater Rehoboth Wastewater Treatment PlantTreatment Plant

• Consent decreeConsent decree

Point Source ProgressPoint Source Progress5.2%

11.2%

82.5%

0.1%0.2% 0.7%

NRG

Bayshore Mobile Home Park

Town of Lewes

Town of Millsboro

Town of Rehoboth Beach

Achieved

12.1%

70.2%

8.5% 0.3%7.2%

1.7%

NRG

Bayshore Mobile Home Park

Town of Lewes

Town of Millsboro

Town of Rehoboth Beach

Achieved

Point Source ProgressPoint Source Progress

0

50

100

150

200

250

300

350

400

450

500

550

TN Load

Load

Red

uctio

n fro

m R

emov

ed F

acilit

ies

(lbs/

day)

0

5

10

15

20

25

30

35

40

45

50

55

TP Load

Load

Red

uctio

n fro

m R

emov

ed F

acilit

ies

(lbs/

day)

82.5% 8.5%

NPS Progress to Date—NPS Progress to Date—AgricultureAgricultureBMP Acres or

tonsTN 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

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

NPS Progress to Date--NPS Progress to Date--WastewaterWastewater

• 16,534 OWTDS on central sewer16,534 OWTDS on central sewer– 90% removal efficiency for Wolf Neck90% removal efficiency for Wolf Neck– 100% efficiency for South Coastal100% efficiency for South Coastal– Total 517 lb/day TN & 37 lbs/day TP Total 517 lb/day TN & 37 lbs/day TP

removed removed – $9.8 million/year or $52/lbTN removed$9.8 million/year or $52/lbTN removed– Or $8500 per systemOr $8500 per system

NPS Progress to Date--NPS Progress to Date--WastewaterWastewater

• Holding Tank Inspection ProgramHolding Tank Inspection Program– 182 holding tanks182 holding tanks– Pumped 12 times/yrPumped 12 times/yr– 14 lb/day TN & 4.6 lb/day TP removed14 lb/day TN & 4.6 lb/day TP removed– $92/lb TN removed or $2,550/system/yr$92/lb TN removed or $2,550/system/yr

NPS Progress to Date—NPS Progress to Date—StormwaterStormwater

• Implementation of Sediment and Implementation of Sediment and Stormwater LawStormwater Law– 130 acres treated130 acres treated– 22 lb/day TN & 1.5 lb/day TP removed22 lb/day TN & 1.5 lb/day TP removed– $62-313/lb TN reduced$62-313/lb TN reduced

NPS Progress to DateNPS Progress to Date

Stormwater

Wastewater

Agriculture

26% 60%

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

TN Reduced

lbs/

day

0

20

40

60

80

100

120

140

TP Reduced

lbs/

day

Average Cost/lb of All BMPs Average Cost/lb of All BMPs Implemented to DateImplemented to Date

$0.00

$20.00

$40.00

$60.00

$80.00

$100.00

$120.00

$140.00

$160.00

Average AgriculturalBMP

Average Septic BMP Average StormwaterBMP

$/lb

TN

Red

uced

Costs to DateCosts to Date

$0

$2,000

$4,000

$6,000

$8,000

$10,000

$12,000

$14,000

Agriculture Stormwater Wastewater

$/ye

ar x

Connection to SewerHolding Tanks

Wet PondsDry PondsInfiltration Structures

SandfiltersBiofiltrationCover Crops

WCSsCRPGrass BuffersForest Buffers

WetlandsManure Relocation NMPs

Sheds

The POLLUTION CONTROL The POLLUTION CONTROL STRATEGY STRATEGY

RecommendationsRecommendations• Guiding PrinciplesGuiding Principles• Point SourcesPoint Sources• Nonpoint SourcesNonpoint Sources

– AgricultureAgriculture– Urban/SuburbanUrban/Suburban– WastewaterWastewater– StormwaterStormwater– ConcurrenceConcurrence

Guiding PrinciplesGuiding Principles• A public policy of A public policy of incentivesincentives, when , when

strengthened with the strengthened with the threat of threat of regulationregulation, should allow people to , should allow people to innovateinnovate within their own financial within their own financial constraints.constraints.

• EducationEducation needs to be applied “across needs to be applied “across the board” with emphasis on the the board” with emphasis on the younger generation.younger generation.

• Be able to Be able to adapt to changes in adapt to changes in scientific knowledgescientific knowledge, but , but not allow the not allow the need for scientific certainty to prevent need for scientific certainty to prevent actionaction from taking place immediately. from taking place immediately.

Guiding PrinciplesGuiding Principles• Recognize the Recognize the need for experts and need for experts and

professionals as well as the need for professionals as well as the need for community participationcommunity participation in the in the development and implementation of development and implementation of policy.policy.

• Cost-benefit analyses are importantCost-benefit analyses are important tools, yet they should be used efficiently, tools, yet they should be used efficiently, within bounds, and within bounds, and not as delay tacticsnot as delay tactics..

• Recognize the Recognize the importance of “political importance of “political playersplayers” in accomplishing Pollution ” in accomplishing Pollution Control Strategies.Control Strategies.

• People want to know People want to know where their tax where their tax money is being appliedmoney is being applied..

Point SourcesPoint Sources• Systematic eliminationSystematic elimination

– To require the elimination of waste loading into To require the elimination of waste loading into the affected waterbody by point sources on a the affected waterbody by point sources on a firm, fixed schedule as approved by the firm, fixed schedule as approved by the Department. This elimination must occur Department. This elimination must occur within five years of the expiration of the within five years of the expiration of the facility’s current NPDES permit unless a longer facility’s current NPDES permit unless a longer period of time is provided for in a State or period of time is provided for in a State or Federally enforceable Consent Order, Decree, Federally enforceable Consent Order, Decree, or Administrative Order. or Administrative Order.

• Water quality trading available as an optionWater quality trading available as an option– 2:1 ratio2:1 ratio– Must achieve the NPS reduction before can Must achieve the NPS reduction before can

generate creditgenerate credit

Agriculture Agriculture Implementation GoalsImplementation Goals

• Full compliance with NMAFull compliance with NMA• VOLUNTARYVOLUNTARY

– Maintain existing BMPsMaintain existing BMPs– Continue use of phytase and other feed Continue use of phytase and other feed

amendmentsamendments– Minimize land taken out of productionMinimize land taken out of production

• BMP goals would remove less than 7% of BMP goals would remove less than 7% of agricultural lands from productionagricultural lands from production

– Least cost of all nonpoint source BMPs; Least cost of all nonpoint source BMPs; most “bang for the buck”most “bang for the buck”

Agriculture Agriculture Implementation GoalsImplementation Goals

• 39,105 acres of cover crops (annually)39,105 acres of cover crops (annually)• 1,630 acres in forested buffer1,630 acres in forested buffer• 1,630 acres restored as wetlands1,630 acres restored as wetlands• Add an additional 50 storage/compost Add an additional 50 storage/compost

structuresstructures• Increase the manure relocated to Increase the manure relocated to

21,730 tons21,730 tons• Treat an additional 450 acres with Treat an additional 450 acres with

water control structureswater control structures

0

200

400

600

800

1,000

1,200

1,400

1,600

1,800

Wildlife Habitat,etc.

Grassed Buf fers Riparian ForestBuf fers

RestoredWetlands

Water ControlStructures

Agricultural BMP

Acr

es o

n th

e gr

ound

2002

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

ManureRelocation/Aternative

Use

Cover Crops NMPs

Acres on the ground

Agriculture PCSAgriculture PCS

0

200

400

600

800

1,000

1,200

1,400

1,600

1,800



RestoredWetlands


Agricultural BMP

Acr

es o

n th

e gr

ound

20062002

0

10,000

20,000

30,000

40,000

50,000

60,000


Use

Cover Crops NMPs

Acres on the ground


0

200

400

600

800

1,000

1,200

1,400

1,600

1,800

2,000



RestoredWetlands


Agricultural BMP

Acr

es o

n th

e gr

ound

200820062002

0

10,000

20,000

30,000

40,000

50,000

60,000

70,000


Use

Cover Crops NMPs

Acres on the ground


0

500

1,000

1,500

2,000

2,500



RestoredWetlands


Agricultural BMP

Acr

es o

n th

e gr

ound

2010200820062002

0

10,000

20,000

30,000

40,000

50,000

60,000

70,000


Use

Cover Crops NMPs

Acres on the ground


Urban/SuburbanUrban/Suburban• VoluntaryVoluntary

– The Strategies for State Policies and Spending The Strategies for State Policies and Spending and other incentive/disincentive tools should be and other incentive/disincentive tools should be specifically tied to natural resource protection specifically tied to natural resource protection goals in the Inland Bays Watershed. goals in the Inland Bays Watershed.

– Develop a program that addresses practices that Develop a program that addresses practices that may result in nutrient reductions on parcels of 10 may result in nutrient reductions on parcels of 10 acres or less where nutrients are applied. These acres or less where nutrients are applied. These shall include, but are not limited to: establishing shall include, but are not limited to: establishing nutrient budgets for homeowners, technical nutrient budgets for homeowners, technical support for small landowners, and education. support for small landowners, and education.

Urban/SuburbanUrban/Suburban• RegulatoryRegulatory

– Designation of the Inland Bays Designation of the Inland Bays Watershed as a ‘Critical Environmental Watershed as a ‘Critical Environmental Area.’ The entire Inland Bays Area.’ The entire Inland Bays Watershed shall be managed for Watershed shall be managed for nutrient reductions consistent with nutrient reductions consistent with TMDL load reductions, or reductions TMDL load reductions, or reductions attributed to ‘best available attributed to ‘best available technologies’ (BATs). technologies’ (BATs).

– Open space shall be managed to reduce Open space shall be managed to reduce nutrient loading.nutrient loading.

Urban/SuburbanUrban/Suburban• RegulatoryRegulatory

Upon the development of a parcel, a Upon the development of a parcel, a nutrient nutrient budgetbudget must be produced. The nutrient budget must be produced. The nutrient budget must illustrate that the future land use will must illustrate that the future land use will reduce nutrient loading by the percentage reduce nutrient loading by the percentage required by the TMDL for the waterbody in required by the TMDL for the waterbody in which watershed the particular location exists which watershed the particular location exists (or uses all available BMPs). (or uses all available BMPs).

The Department The Department shall not issue any permit for a shall not issue any permit for a parcel or project unless a submitted and parcel or project unless a submitted and approved nutrient budgetapproved nutrient budget shows that the parcel shows that the parcel or project will achieve the TMDL-required or project will achieve the TMDL-required nutrient load reduction (or uses all available nutrient load reduction (or uses all available BMPs). BMPs).

Require urban/residential Require urban/residential riparian buffers of 100 riparian buffers of 100 feetfeet from all perennial and intermittent streams. from all perennial and intermittent streams.

Nutrient BudgetNutrient Budget• Protocol designed to evaluate the impact Protocol designed to evaluate the impact

of a land use change on nutrient loadingof a land use change on nutrient loading• Based on the use of best management Based on the use of best management

practices, their nutrient reduction practices, their nutrient reduction efficiencies, and land use loading rates efficiencies, and land use loading rates based in scientific literaturebased in scientific literature

• Piloted during the PLUS processPiloted during the PLUS process• Use is required before release of any Use is required before release of any

DNREC permitDNREC permit

Non-Agricultural BuffersNon-Agricultural Buffers• Only for NEW developmentsOnly for NEW developments• Tier 1Tier 1

– 50’ closest to water or wetland50’ closest to water or wetland– Vegetation requirement (trees)Vegetation requirement (trees)

• Tier 2Tier 2– 25’ from outer edge of Tier 125’ from outer edge of Tier 1– Vegetation requirement (trees, shrubs)Vegetation requirement (trees, shrubs)

• Tier 3Tier 3– 25’ from outer Tier 225’ from outer Tier 2– Vegetation requirement (trees, shrubs, or Vegetation requirement (trees, shrubs, or

grasses)grasses)• Allows for an average of 100 feet as long as Allows for an average of 100 feet as long as

80% meets a minimum of 50 feet80% meets a minimum of 50 feet

WastewaterWastewater• VoluntaryVoluntary

– Sussex County converts an additional pre-Sussex County converts an additional pre-existing 5,000 individual onsite systems to existing 5,000 individual onsite systems to central sewer. central sewer. • 100% efficiency for South Coastal100% efficiency for South Coastal• Total 170 lb/day TN & 12 lb/day TP removed Total 170 lb/day TN & 12 lb/day TP removed • $60/lb TN removed$60/lb TN removed• Or $10,000-11,000 per systemOr $10,000-11,000 per system• Or $657/system/yrOr $657/system/yr

– Economic assistance for those in need will Economic assistance for those in need will be available through the Financial be available through the Financial Assistance Branch, Division of Water Assistance Branch, Division of Water Resources. Resources.

WastewaterWastewater• RegulatoryRegulatory

The DNREC, Division of Water Resources, The DNREC, Division of Water Resources, Ground Water Discharges Section shall Ground Water Discharges Section shall implement a implement a compliance and inspection compliance and inspection programprogram for individual onsite wastewater for individual onsite wastewater treatment and disposal systems in order to treatment and disposal systems in order to enforce existing requirements that the associated enforce existing requirements that the associated tanks be pumped every three years by a licensed tanks be pumped every three years by a licensed liquid waste hauler and that alternative systems liquid waste hauler and that alternative systems are maintained in accordance with are maintained in accordance with manufacturers’ specifications. manufacturers’ specifications.

Proof of pump-out at property transferProof of pump-out at property transfer Permanent holding tanks shall not be permitted Permanent holding tanks shall not be permitted

within the watershed. A permanent holding tank within the watershed. A permanent holding tank is a tank that will be in use for 4 years or more. is a tank that will be in use for 4 years or more.

Maintain the existing Holding Tank inspection Maintain the existing Holding Tank inspection program. program.

WastewaterWastewater• RegulatoryRegulatory

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

Performance StandardsPerformance Standards

• Tiered based on system sizeTiered based on system size• Nitrogen basedNitrogen based• Provision for requiring Phosphorus Provision for requiring Phosphorus

standardsstandards• Built-in inspectionBuilt-in inspection• Ability for property owner to select Ability for property owner to select

a system “off the shelf” or to work a system “off the shelf” or to work with an Engineerwith an Engineer

Performance StandardsPerformance Standards• Nitrogen TiersNitrogen Tiers

– PSN1PSN1•20,000 gpd or larger 20,000 gpd or larger •5 to 8 mg/l 5 to 8 mg/l

– PSN2PSN2•Between 2,500 and 20,000 gpdBetween 2,500 and 20,000 gpd•12.5 mg/l12.5 mg/l

– PSN3PSN3•Less than 2,500 gpdLess than 2,500 gpd•20 mg/l20 mg/l

Performance StandardsPerformance Standards• Phosphorus TiersPhosphorus Tiers

– PSP 1PSP 1• 3.9 mg/L3.9 mg/L• Case-by-case for 20,000 gpd and largerCase-by-case for 20,000 gpd and larger

– PSP 2PSP 2• 7.85 mg/l7.85 mg/l• Case-by-case for 2,500 – 20,000 gpdCase-by-case for 2,500 – 20,000 gpd

• Case-by-case determination based on:Case-by-case determination based on:– Soil tests andSoil tests and– Groundwater P concentrationsGroundwater P concentrations– Site has seasonal high water table above 27 inchesSite has seasonal high water table above 27 inches

StormwaterStormwater• VoluntaryVoluntary

– Innovative designs such as rain gardens, Innovative designs such as rain gardens, natural landscaping, and constructed wetlands natural landscaping, and constructed wetlands are encouraged where appropriate.are encouraged where appropriate.

– Develop a program to Develop a program to assist homeowners’ assist homeowners’ associations in the creation of a stormwater associations in the creation of a stormwater maintenance planmaintenance plan as well as to assist in the as well as to assist in the establishment of a funding mechanismestablishment of a funding mechanism to meet to meet financial obligations for related stormwater financial obligations for related stormwater facility maintenance.facility maintenance.

– Institute Institute tax incentivestax incentives that encourage an that encourage an increase in open space (green areas) in increase in open space (green areas) in commercial developments, thus, reducing the commercial developments, thus, reducing the percentage of impervious surface and reduce percentage of impervious surface and reduce nutrient contributions.nutrient contributions.

StormwaterStormwater• VoluntaryVoluntary

– Encourage Sussex County to create a Encourage Sussex County to create a stormwater utilitystormwater utility for the Inland Bays for the Inland Bays Watershed. Watershed. • This utility would collect fees for the This utility would collect fees for the

construction (in older developments) and construction (in older developments) and maintenance of stormwater management maintenance of stormwater management structures.structures.

– Create stormwater management Create stormwater management facilities for 4500 acres of urban and facilities for 4500 acres of urban and residential lands developed pre-1990.residential lands developed pre-1990.• 67 lb TN reduced and 4.6 lbs TP reduced67 lb TN reduced and 4.6 lbs TP reduced• $76-142/lb TN reduced$76-142/lb TN reduced

StormwaterStormwater• RegulatoryRegulatory

– Where practicable, all permanent sediment Where practicable, all permanent sediment and stormwater management plans shall be and stormwater management plans shall be designed and implementeddesigned and implemented• to reduce nutrient contributions by the to reduce nutrient contributions by the

percentage required by the TMDL to the ground percentage required by the TMDL to the ground and surface waters to the maximum extent and surface waters to the maximum extent practicablepracticable

• comparison between the post-developed comparison between the post-developed condition with and without stormwater quality condition with and without stormwater quality management best management practicesmanagement best management practices

– In instances where other pollutants would In instances where other pollutants would be best controlled through other means, be best controlled through other means, the Department may permit management the Department may permit management based on the best treatment for the based on the best treatment for the particular pollutant of concern. particular pollutant of concern.

ConcurrenceConcurrence• VoluntaryVoluntary

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

ConcurrenceConcurrence• RegulatoryRegulatory

– All isolation, set-backs and separation distances All isolation, set-backs and separation distances shall be maintained in accordance with existing shall be maintained in accordance with existing regulations, ordinances and codes. regulations, ordinances and codes.

– The use of advanced nutrient reduction technology The use of advanced nutrient reduction technology shall not be used as justification for reductions in shall not be used as justification for reductions in isolation, set-back and/or separation distances.isolation, set-back and/or separation distances.

– All water quality impacting permits shall be All water quality impacting permits shall be consistent with the Surface Water Quality consistent with the Surface Water Quality Standards (SWQS). The Department will begin Standards (SWQS). The Department will begin creating a process to ensure that all wastewater creating a process to ensure that all wastewater and stormwater permits meet these standards.and stormwater permits meet these standards.

NPS Progress to DateNPS Progress to Date

Stormwater

Wastewater

Agriculture

26% 60%

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

TN Reduced

lbs/

day

0

20

40

60

80

100

120

140

TP Reduced

lbs/

day

The GoalThe Goal

Stormwater

Wastewater

Achieved

Agriculture

107% 100%

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

4,500

TN Reduced

lbs/

day

0

20

40

60

80

100

120

140

160

TP Reduced

lbs/

day

Future CostsFuture Costs

$3,000$2,200 $2,500

$12,000

$3,300

$25$640

$0

$2,000

$4,000

$6,000

$8,000

$10,000

$12,000

$14,000

$16,000

Wastewater Stormwater Agriculture

Cost

x $

1000

Incentives/Rental

O&M

Capital

Price of N ReductionPrice of N Reduction

0

1

2

3

4

5

6


lb T

N Re

duce

d pe

r $

Future Connection to SewerConnection to Sewer

Use of BATsSeptic Pump-outsHolding TanksFuture Ponds

Wet PondsDry PondsInfiltration StructuresSandfilters

BiofiltrationOther Future BMPsCover CropsWCSs

Grassed WaterwaysFilter StripsWildlife HabitatGrass Buffers

Filter StripsForest BuffersRiparian BuffersWetlands

Manure Relocation NMPs

$1 =$1 =

Price of P ReductionPrice of P Reduction

0

0.01

0.02

0.03

0.04

0.05

0.06

0.07

0.08

0.09


lb T

P Re

duce

d pe

r $

Future Connection to SewerConnection to Sewer

Use of BATsSeptic Pump-outsHolding TanksFuture Ponds

Wet PondsDry PondsInfiltration StructuresSandfilters

BiofiltrationOther Future BMPsCover CropsWCSs

Grassed WaterwaysFilter StripsWildlife HabitatGrass Buffers

Filter StripsForest BuffersRiparian BuffersWetlands

Manure Relocation NMPs

$1 =$1 =

The GoalThe Goal

Stormwater

Wastewater

Achieved

Agriculture

107% 100%

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

4,500

TN Reduced

lbs/

day

0

20

40

60

80

100

120

140

160

TP Reduced

lbs/

day

inland bays pollution control strategy

Documents