Steven R Johnson Steven R. Johnson Principal Counsel Office of the - - PowerPoint PPT Presentation

State Environmental f h d Management of Growth and Development for the Bay Development for the Bay

Steven R Johnson Steven R. Johnson

Principal Counsel Office of the Attorney General Maryland Department of the Environment Maryland Department of the Environment

Phase II Watershed Implementation Plan

• December 31 2010 EPA set limits on nutrients and

p

• December 31, 2010 EPA set limits on nutrients and

sediment, revised in August 2011

• Total nitrogen load for Maryland of 41.17 million pounds

per year by 2025

• Will require a reduction of 22% over 2010 loads
• Phase II calls for 38% of reduction to come from septics

and 20% reduction from stormwater

Strategies to Reduce Loads from N D l t New Development

• NPDES Permit for Discharges of Stormwater from
• NPDES Permit for Discharges of Stormwater from

Construction Activity

• Stormwater Management Plans

g

• Erosion and Sediment Control
• Senate Bill 236 (“Septics Bill”)
• BAT Regulation

A ti f G th

• Accounting for Growth

General and Individual Permit for Discharges from Construction Activity

• Required for any project disturbing one acre or more
• Individual permit required if disturb over 150 acres or

discharge to listed waters

• Must have approved erosion and sediment control plan

from local soil conservation district

• Must have approved storm water management plan from

local approving authority local approving authority

Stormwater Management

• Stormwater Management Act of 2007 requires

implementation of ESD to the MEP to minimize load p increases from development

• ESD: “using small-scale stormwater management practices,

nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the y g impact of land development on water resources”

• MEP: “designing stormwater management systems so that

all reasonable opportunities for using ESD planning techniques and treatment practices are exhausted and, only techniques and treatment practices are exhausted and, only where absolutely necessary, a structural BMP is implemented”

Stormwater Management

Meeting the MEP Standard

ESD to the MEP Woods in Good

• Minimize impervious Area
• Maintain Natural Drainage
• Use Non Structural Practices

Woods in Good Condition

• Use Non-Structural Practices

and Alternative Surfaces

• Treatment at the Source

Using Micro scale BMP’s Using Micro-scale BMP s

Stormwater Management

Design Manual Revisions: Chapter 5, ESD Practices

• Nonstructural Practices

– Rooftop and non-rooftop disconnections Sh tfl t b ff – Sheetflow to buffers

• Alternative Surfaces

– Green Roofs – Permeable Pavements Permeable Pavements

• Micro-Scale Practices

– Rainwater Harvesting – Submerged Gravel Wetlands L d I filt ti – Landscape Infiltration – Infiltration Berms – Dry Wells – Micro-Bio-retention

• – Swales

– Enhanced Filters

Rooftop/Non-rooftop Disconnections

Alternative Surfaces

Green Roof Green Roof

Micro-Scale Practices

Residential Raingardens

Open Channels

Small Scale Filter

Micro-bioretention

Stormwater Redevelopment Policy

Proposed Redevelopment Project shall:

• Reduce existing impervious area by 50% within LOD;
• Implement ESD to the MEP to provide water quality

treatment for 50% of the existing impervious area within the LOD; or

• Use a combination of a and b ; or
• Alternative stormwater management measures, such as:
• Structural stormwater BMP
• Off-site BMP

Off site BMP

• Any combination of all of the above

SB 236: Sustainable Growth and Agricultural f 20 2 Preservation Act of 2012

d i 20 2 i l i S i

• Approved in 2012 Legislative Session
• Applies to residential subdivisions statewide

pp

• Defines growth tiers for local jurisdictions to delineate

that determine where major and minor subdivisions may that determine where major and minor subdivisions may

• ccur and what type of sewer will serve them
• Directs how major and minor subdivisions may be

defined

• Shared facility requirements

SB 236

Growth Tiers

• Tier I areas currently served by sewerage systems
• Tier II areas are planned to be served by sewerage
• Tier II areas are planned to be served by sewerage

systems

• Tier III areas are not planned to be served by sewerage
• Tier III areas are not planned to be served by sewerage

systems, are not predominantly agricultural or forest land, and are where growth on septic systems can occur

• Tier IV areas are planned for preservation and

conservation and prohibit major subdivisions

SB 236

Growth Restrictions Growth Restrictions

• Local jurisdictions have to map areas by end of year or

j bdi i i h bli no major subdivisions where no public sewer

• Minor subdivisions permitted in Tier II areas with interim

p

• n-site septic systems until sewer is available.
• Major subdivisions on individual on-site septic systems

Major subdivisions on individual on site septic systems permitted only in Tier III areas

• Only minor subdivisions permitted in Tier IV areas with
• Only minor subdivisions permitted in Tier IV areas with

limited exceptions

New BAT Regulations g

• Effective on January 1, 2013 (septic systems with a

y , ( p y construction permit issued prior to January 1, 2013 do not require BAT)

• Requires Best Available Technology for Removal of

Nitrogen (BAT) on septic systems in the following circumstances: circumstances:

– New construction in either the Chesapeake Bay or Atlantic Coastal Bays watersheds. N t ti i t h d f it i i d – New construction in any watershed of a nitrogen impaired body of water – A replacement system to serve a property in either Ch k B Atl ti C t l B t h d Chesapeake Bay or Atlantic Coastal Bays watersheds

New BAT Regulations

Operation and Maintenance Requirements

• New requirements governing maintenance and operation of

BAT systems to ensure proper operation for life of system:

• Reporting requirements for BAT installations and O&M
• BAT installers must be certified
• O&M installers must be certified

Impacts of SB 236 and BAT Regulation Impacts of SB 236 and BAT Regulation

• MDP forecasts 50,000 fewer septic systems over next 25

years

• Equates to 1,160,000 pounds less of N per year to the

q , , p p y environment and 493,000 pounds less per year to surface water

• 55,000 new septic systems forecast over 25 years
• utside critical area
• With BAT Reg. that equates to 649,275 pounds less N

per year to the environment and 246,725 pounds less to surface waters

Accounting for Growth

• Restoring Bay requires not only reductions in loads but holding line
• n new pollution
• n new pollution
• WIP requires that new or increased loads be offset by reductions

elsewhere

• Maryland will account for loads from new development in two ways:

Maryland will account for loads from new development in two ways: – Part of TMDL allocated to wastewater treatment plants has been reserved for growth – existing ENR Cap Strategy allows flow increases at major WWTP to design capacity WLA allocation increases at major WWTP to design capacity. WLA allocation based on design flow – Establish by end of 2013 a strategy to offset new loads from development (septic loads wastewater over the nutrient cap development (septic loads, wastewater over the nutrient cap, stormwater, air deposition)

Accounting for Growth

Trading of credits Trading of credits

• Trading of nutrient credits will be allowed consistent with trading

policy/regulations

• Phase I of Trading Policy, Maryland Policy for Nutrient Cap

Management and Trading in Maryland’s Chesapeake Bay Watershed (Final, April, 2008) – trading between point sources

• Phase II of Trading Policy, Guidelines for the Generation of Agricultural

Nonpoint (Draft, April 2008) – point source to nonpoint source.

• The sale and purchase of nutrient credits to offset post-development

loads will have to comply with all trading requirements in addition to specific requirements of the policy for offsetting new load from growth.

• Trading geographies more limited under Accounting for Growth Policy.
• Fee-in-lieu option

Accounting for Growth

Offsetting Loads

• Must offset entire post-development load/Ruled to account the

load from forest

• Must offset nitrogen and phosphorus loads
• Loads must be permanently offset
• Loads can be offset by generating offsets on-site purchasing

Loads can be offset by generating offsets on site, purchasing credits from point sources or possibly through brokers or aggregators

• No offset required for “redevelopment” that satisfies stormwater

regulations

Accounting for Growth Calculating Post-Development Loads

• Direct load
• Wastewater
• Discharging to groundwater from conventional septic
• r BAT systems
• Stormwater
• Using BAT Model loading rates
• Indirect load (residential only)/Revised to eliminate this
• Indirect load (residential only)/Revised to eliminate this
• Mobile emissions
• Atmospheric deposition

B d hi l il t ll d

• Based on vehicle miles travelled

Accounting for Growth On-site Wastewater Systems

Type N (EOS) (lbs/year1) (lbs/year ) Conventional septic system 9.86 p y BAT system 4.93

1 Per Household or Equivalent Dwelling Unit

Accounting for Growth WWTPs

Type Effluent N (mg/l) (mg/l) Secondary Treatment 18 y Biological Nutrient Removal 8 (BNR) Enhanced Nutrient Removal 4 Enhanced Nutrient Removal (ENR) 4

Accounting for Growth Stormwater Loading Factors

Land use N (lbs/acre/year) (lbs/acre/year) Impervious 1 15.34 p Pervious 1 10.78 Forested 3

1 Will be reduced by 50% for ESD to the MEP

Accounting for Growth Air Deposition/Deleted

Density of Census Tract (persons/mi2) NOx (lbs/year)1 ≤10,000 1.0 >10 000 0 5 >10,000 0.5

1 Residential only, per HH or EDU

Accounting for Growth Ex: Residential Development

Development Type Pounds N to offset/HH Development Type Pounds N to offset/HH (WW + SW + Air = Total) Low Density Residential (2 l t ith BAT 10% 4.93 + 11.24 + 1.0 = 17.17 (2 acre lots with BAT; 10% impervious, 90% pervious) Medium Density Residential 4.8 + 3.0 + 1.0 = 8.8 (0.5 acre lots on BNR WWTP with no capacity below cap; 30% impervious, 70% pervious) High Density Residential (0.1 acre lots on ENR WWTP with capacity below cap; 70% 0 + 0.7 + 0.5 = 1.2 p y p; impervious, 30% pervious)

Accounting for Growth Ex: Commercial & Mixed

Development Type Total Pounds N to offset Development Type Total Pounds N to offset (WW + SW + Air = Total) Warehouse on 30 undeveloped acres 80% impervious 20% 49.3 + 216.4 + 0 = 265.7 acres, 80% impervious, 20% pervious, 10 EDUs on BAT Redevelopment of suburban strip mall as a mixed use (office retail 0 + 0 + 25 = 25 mall as a mixed use (office, retail, residential) development, 15 acres, 50 residential units, served by WWTP with capacity below nutrient cap p y p Redevelopment of underutilized urban site as commercial/office building, served by WWTP with 0 + 0 + 0 = 0 g, y capacity below nutrient cap

Accounting for Growth

Economic Implications of Offsets

• If offsets become scarce, their cost will rise,

possibly constraining economic growth

• Redevelopment and concentrating growth in

dense areas served by ENR WWTPs will y

• Consume the fewest available offsets
• Allow more development if offset supplies are

li it d limited

• Using fewer offsets for development will allow
• Using fewer offsets for development will allow

more population and economic growth while still maintaining a restored Bay

Accounting for Growth

Trading Geographies

• Currently, trades are allowed within (not between) 3

basins The Potomac basin –The Potomac basin –The Patuxent basin –Everywhere else within the State Everywhere else within the State

• Why it may be changed
• WIP uses 5 major basins
• Current policies do not allow interstate trades

Accounting for Growth

Trading Geographies

Follo all les of N t ient T ading Policies pl s

• Follow all rules of Nutrient Trading Policies, plus
• New development in a Targeted Growth and

Revitalization Area(1) served by an ENR WWTP ( ) y can obtain offsets anywhere allowed by the Nutrient Trading Policies All th d l t t bt i ff t i

• All other new development must obtain offsets in

same County as development

(1) A Plan Maryland Planning Area

Accounting for Growth

Implementation of Proposal

• MDE would
• Use existing statutory authority
• Promulgate regulations
• Issue General Permit for Offsets
• Developer would

Calculate load

• Calculate load
• Obtain permanent offsets
• Submit information and certify offsets when filing

Submit information and certify offsets when filing for General Permit

Accounting for Growth

Process

• Policy will be implemented through regulations

Will l t j t i d t b d d

• Will apply to any project required to be covered under

general or individual discharge permit for stormwater associated with construction activity after December 31, 2014 2014.

• Applicants filing an NOI will have to calculate post-

development loads and identify the offsets to be used development loads and identify the offsets to be used.

• Offsets will be legally enforceable provision in discharge

it permit.

A Word about Enforcement A Word about Enforcement

• Over the last couple of years enforcement of sediment

pollution and erosion and sediment control laws has seen the largest increase in cases seen the largest increase in cases

• Seeking substantial penalties

– Penalties high due to violations over multiple days

• Discharges include placement in location likely to pollute
• Discharges include placement in location likely to pollute
• Stop work orders

Significant Violations Significant Violations

• No NOI or approved sediment and erosion control plan
• Work outside erosion and sediment control plan limit of

disturbance

• Failure to perform required self-inspections and maintain

logbook logbook

• Substantial deviation from approved plan
• Chronic minor sediment control violations
• Failure to comply with stop work order

QUESTI ONS? QUESTI ONS?