Integrating LID into Local Government Stormwater Programs: A User's Guide Martin Wanielista, Eric Livingston, and Clark Hull

Transcription

1 Stormwater after the Storm Integrating LID into Local Government Stormwater Programs: A User's Guide Martin Wanielista, Eric Livingston, and Clark Hull 2016 Annual FSA Conference Sanibel Harbour Marriott, June

2 Purpose of Presentation The need for more effective stormwater treatment, whether to meet net improvement and TMDLs in surface waters or better protect ground water and springs, continues to grow. This requires an expanded BMP Toolbox. A local government can increase development options by adopting their own Stormwater Manual and revised Land Development Code. This presentation will review the process and actions that local governments can take to better protect their water resources.

3 4. Provide incentives for LID/advanced stormwater treatment within LDCs such as integrating stormwater BMPs with open space and landscape code requirements. Presentation Outline Steps in the Process 1. Identify issues or motivating factors leading to a desire for better stormwater treatment. 2. Develop local goals, manuals and codes compatible with existing ERP rules. Get WMD review and approval. 3. Identify impediments to LID/advanced stormwater treatment within local comprehensive plans and LDCs and revise them.

4 Presentation Outline 5. Identify LID BMPs that local government will support. 6. Solicit input from stakeholders, especially the development community, to gain understanding and buy-in. 7. Implement education programs 8. Identify responsibility and staffing needs within the organizational chart for permit reviews, inspections, and maintenance.

5 Florida s waters diverse, valuable, vulnerable

6 The Problem: Man Vs Nature

7 The Problem: Unplanned Growth Lack of adequate infrastructure Stormwater management Wastewater treatment Potable water supply Roads Schools Water supply and pollution problems Loss of habitat and wildlife Lack of adequate tax structure and funding

8 YEAR The Solution: Bipartisan Visionary Leaders And Solutions LEGISLATION, PROGRAM, OR RULE ENACTED FOR NEW SOURCES 1973 DRI/ACSC legislation; Environmentally Endangered Lands Act 1973 Chapters 373 and 403 enacted 1975 Local Government Comprehensive Planning Act 1979 State stormwater rule; CARL program 1981 Final state stormwater rule passed; Save Our Coasts/Rivers program 1984 Wetlands Protection Act; State and Regional Planning Act 1985 State Comprehensive Plan 1986 Local Government Comprehensive Planning and Land Development Regulation Act 1989 Preservation 2000 program

9 YEAR LEGISLATION, PROGRAM, OR RULE ENACTED FOR EXISTING POLLUTION SOURCES 1986 Stormwater utility enabling legislation 1987 SWIM legislation and funding 1989 Stormwater legislation creates and leads to State Water Policy rule (62-40, FAC) Section 319 Nonpoint Source grant funds begin 1994 Nitrate bill and fertilizer tax for agricultural BMPs 1997 State Revolving Fund opened to urban and ag stormwater projects 1999 Florida Forever Act and Florida Watershed Restoration Acts passed 2000 Lake Okeechobee Protection Program Act 2005 FWRA Amendments (BMAPS) and doc stamp funding Northern Everglades and Estuaries Protection Act Florida Springs and Aquifer Protection Act Lake Greenwood Urban Wetland

10 Florida s Watershed Management Program Puzzle Growth Management Land acquisition Habitat Beaches Natural resources

11 Local Govt Comprehensive Planning And Land Development Regulation Act Requires Local Comp Plans Required elements State review & approval State imposed financial sanctions Limits plan amendments (twice/yr) Requires Land Development Regs Strong citizen enforcement Consistency Concurrency Compactness

12 ENTITY EPA DEP WMDs Local Govts Stormwater Management Team STORMWATER PROGRAM RESPONSIBILITIES NPDES permits, Section 319 NPS Program oversight and grants, Section 6217 CZARA program oversight and grants State Water Implementation rule to assure consistency, Statewide ERP rule stewardship, NPDES permitting and compliance, BMP development/research/funding, TMDL and BMAP development and adoption, training and public education Primary ERP permitting agency, SWIM Plans and PLRGs, cost sharing Comprehensive plans and Land Development Regulations, stormwater master plans and level of service, stormwater inspections and OM assurances, public education, stormwater utility fees

13 Florida s Stormwater Rules 1979 Chapter , F.A.C Chapter 17-25, F.A.C Chapter 62-25, F.A.C. ERP implemented 2007 NW ERP implemented TECHNOLOGY BASED Performance Standard BMP Design Criteria Presumption of compliance Dynamic BMP design criteria

14 Design Criteria Presumption Rebutted! This section provides an analysis of potential modifications to existing stormwater design criteria within the State of Florida to meet the performances objectives outlines in the Water Resource Implementation Rule (Chapter 62-40, FAC). This rule requires that stormwater management systems achieve at least an 80% reduction of the average annual load of pollutants that would cause or contribute to violations of State water quality standards. If the stormwater management system discharges to a designated OFW or other protected water body, the performance criteria increase to a 95% reduction. Based on the analyses presented in Section 5.2, with the exception of the SJRWMD design criteria for on-line dry retention, existing stormwater design criteria fail to consistently meet either the 80% or 95% target goals outlined in Chapter

15 Florida s Waters Polluted, Impaired, More Vulnerable

16 Greater Focus On Water Quality/Aquatic Ecology Impaired waters and springs TMDLs and BMAPs adopted Grant programs expanded Sea grasses return to Tampa Bay New numeric nutrient criteria New dissolved oxygen criteria New biological criteria Net Improvement - new discharges to impaired waters (1)(b)3, F.S.

17 New Era: Less Regulation LCGP& LDR Act essentially repealed Land acquisition programs not funded State lands proposed for sale Lease state parks for consumptive uses Statewide stormwater rule dropped 10/2 self certification general permit Stormwater BMP research halted Redevelopment stormwater exempt Grants reduced, red tape increased Ban on passive nutrient reducing OSTDS Pre-empt local government authority

18 Motivating Factors For Local Government Leadership Community concerns for important natural resources Decline in surface water quality and associated recreation Impaired waters and TMDLs Focus on ground water and springs water quality Quality of life issues associated with natural resources Promote urban regeneration not urban redevelopment Understanding of smart growth and LID benefits Outdated Land Development Codes Outdated drainage or stormwater manuals Local elected official leadership and commitment

19 Ensuring Local Stormwater Codes Are Compatible With Existing Federal and ERP Regulations Chapter , F.A.C., Statewide ERP, effective October 1, 2013 Adopted existing WMD Applicant Handbooks no LID BMPs included Applicability to development and redevelopment Exemptions and project size thresholds 10/2 general permit Performance standards for stormwater treatment may exceed state requirements Presumptive BMP design criteria for traditional structural BMPs

20 Low Impact Development Principles To Reduce Stormwater Volume/Loads Consider stormwater as a resource Protect/avoid sensitive areas Minimize disturbed areas / soil compaction Minimize loss of vegetation and trees Plant more trees intercept rainfall Maximize infiltration Minimize imperviousness, especially DCIA Integrate stormwater BMPs into landscaping Require Florida-friendly landscaping and fertilizers Cluster development

21 Source Controls For Pollution Prevention Minimize clearing, removal of trees, vegetation Include urban reforestation Minimize imperviousness, esp. DCIA Minimize soil compaction Narrow streets, pervious parking, recessed tree islands Greenroof/cistern systems for large roofs Roof runoff to cisterns, pervious areas Minimize pollutants Florida-friendly landscaping design Florida-friendly fertilizers Proper use of reclaimed water Pet waste pick up and disposal

22 The Stormwater Benefits Of Trees Planting trees in urban areas intercepts and evaporates rain and reduces stormwater volume and loads Interceptor Tree BMP Up to 15% reduction in stormwater volume NEED MORE DATA AND SITES!

23 Soil Compaction And Infiltration Rates SOIL TYPE INFILTRATION RATE (in/hr) Pitt et. al. Gregory Sandy soils Compacted sandy soils Clay soils 9.8 NA Compacted or wet clay soils 0.2 NA Source: Pitt, Chen, and Clark, 2001; Gregory et. Al, 2006

24 Using Low Impact Development To Reduce Imperviousness Tailor and decrease road width Minimize road length Use pervious pavements for parking Reduce required parking spaces Reduce parking space size Use one way angled parking Minimize paved driveways/size Side walks on one side only Requires Land Development Code revisions

25 LID BMP: Porous Pavements Pervious Concrete Flexi-pave TM Permeable Concrete Pavers Pervious Asphalt Others

26 Reducing Parking Lot Imperviousness And DCIA

27 Disconnecting Directly Connected Impervious Areas (DCIA)

28 What Is A Green Roof? Vegetated roof cover Active (Intensive): Deep media, intended for public access Passive (Extensive): Shallow media, intended for maintenance access only, designed for aesthetics

29 Florida-friendly Landscaping Principles 1. Right plant, right place 2. Water efficiently, use stormwater 3. Fertilize properly 4. Mulch 5. Attract wildlife 6. Manage yard pests properly 7. Recycle clippings and leaves 8. Reduce runoff 9. Protect the waterfront

30 Use Florida-friendly (N) Total Nitrogen Fertilizers (P 2 O 5 ) Phosphorus (K 2 O) Potassium DACS Urban Turf Fertilizer Label Rule Effective July 1, 2009 Only specified fertilizers on turf No or low phosphorus (< 0.5%) Slow release nitrogen encouraged Maximum application rates 0.25 lbs P/1000 sf per apply 0.50 lbs P/1000 sf per year 0.7 lbs available N/1000 sf

31 PET WASTE: A Major Source Of Nutrients And Bacteria Pollutants Pets deposit up to 0.5 lbs/day of pet waste Contributes to bacterial and nutrient pollution Animal Average fecal coliform per gram of feces Fecal coliform load per day Human 13,000,000 1,921,920,000 Dog 23,000,000 7,728,000,000 Cow 230,000 5,358,080,000 Horse 12, ,529,600

32 Impediments To Advanced Stormwater Treatment/LID BMPs Review existing Comprehensive Plan, Code of Ordinances, Land Development Code Identify impediments to achieving advanced stormwater treatment or use of LID BMPs Identify out dated terminology, legal refs Ensure redevelopment activities are fully addressed Comprehensive Plan elements Land Use, Housing Transportation, Utilities Conservation, Coastal Zone Mgmt

33 Impediments To Advanced Stormwater Treatment/LID BMPs Code of Ordinances Fertilizer Ordinance Parks and Recreation Solid and hazardous waste Building codes Land Development Code General provisions redevelopment Definitions update, consistency Zoning Districts Impervious surface ratio Development Standards Update references to other manuals, rules, laws Update terminology

34 Impediments To Advanced Stormwater Treatment/LID BMPs Land Development Code (continued) Streets and parking promote narrow, pervious Sidewalks and trails promote pervious Landscaping Consistent with FFL program Fertilizers Require Florida-friendly, training Recreation Promote pervious parking, FFL and fertilizers, Golf course BMP manual Stormwater promote LID BMPs, regional systems, permit reviews, inspections, OM

35 Incentives For Advanced Stormwater Treatment/LID BMPs Establish within Land Development Code Open Space Requirements Landscaping Requirements Coordination with regional systems Financial incentives Reduction in stormwater utility fee Energy related rebates, such as for green roofs For stormwater harvesting sales income offsets construction costs Higher building density allowed Lower impact fees Reduced pipe sizes with lower runoff rates Dual use of landscape areas thus reducing other land purchases. Faster plan review time when Stormwater Manual is used.

36 Identify LID BMPs For Local Governments Consistent with Goals for surface and ground water protection. Consistent with comprehensive plan and land development codes Can actually be implemented within the physical constraints of area. New development vs redevelopment. Are consistent with staffing and budgets levels. To provide options for minimum cost investments and include structural and non-structural options. COMMENTS: based on work with 7 Counties and 8 cites in Florida

37 Counties and Cities Sarasota, Pinellas, Orange, Marion, Alachua, Escambia and Duval Palmetto, Largo, Orlando, Tampa, Cocoa Beach, Miami, Miramar, Winter Park

38 Example goal: Reducing Nitrates into Ground Water in Springsheds and Estuaries from Retention BMPs Retention BMP load reduction effectiveness based on % of annual RO infiltrated Usually ERP rules assume retention BMPs are effective for surface water discharges Recent monitoring of retention BMPs in springsheds show they are source of nitrate loading to the ground water. Thus use soils or soil amendments (called biosorption activated media or BAM) to remove nitrates

39 How to Modify Retention BMPS to Reduce Nitrate Loading to Ground Water Soil characteristics are the key Need to activate the Nitrogen Cycle TN Ammonification Nitrification Denitrification Add BAM to slow infiltration rate and provide desired environments (low DO and moisture)

40 BMPTRAINS and Use of Biosorption Activated Media (BAM) in Retention BMPs 1 foot thick BAM layer reduce NOx 60% 2 feet = 70% Many types of BAM see 2008 report Incorporated into BMPTRAINS

41 Surface Capture Effectiveness and Ground Water Removal Effectiveness FROM BMPTRAINS,

42 LID BMPs Acceptability to Local Governments Underground retention - variable Swales and rain gardens accepted Pervious pavements variable Green roofs accepted Green streets variable Stormwater harvesting accepted Florida-friendly landscaping variable Florida-friendly fertilizers accepted Use of BAM - variable

43 Underground Retention Off-Site Exfiltration BMPs

44 Swales within Municipal R/W Retention BMPs Residential Commercial Seeding with Erosion Erosion control or Sod

45 City of Palmetto Streetscape

46 City of Cocoa Beach

47 Brickell City, Miami Redevelopment Green roofs and BAM to reduce nutrients part of an innovative CLIMATE RIBBON architectural feature that will provide active and positive climate control

48 Project SMART - Winter Park Regional wet detention pond serving roadway and commercial property Wet detention pond cleaned, reshaped, revised to allow stormwater harvesting Water harvesting for irrigation of lawns Community saved potable water as well as money.

49 Tree Well Filter Retention Design Overflow storage tree anchors Overflow if not diverted BAM Overflow Flow to Tree Well Flow to Tree Wells Overflow

50 Underground Storage and Treatment with BAM BAM B&G at the on Bottom bottom Diffuse TN/TP source Flow direction Contaminant groundwater plume Treatment zone known as Gate Low permeable zone known as 'Funnel'

51 Improved Treatment Using Up-flow Filters with Wet Pond Filters Work to remove more Filters can be designed to remove nitrogen without media replacement For phosphorus, media replacement time is specified Can be used in BMP & LID Treatment Train Applications with other treatment Watermark Engineering Group

52 Up-Flow Input from Wet Detention to Filter Performance Concentration Averages based on field data Average yearly based on 1.0 inch design for filter B&G MEDIA ROCK Parameter TN TP TSS Average Influent Concentration (mg/l) Expected Average Pond Removal (%) Average Pond + Filter Removal (%) Average Annual System Performance Watermark Engineering Group

53 Stakeholder Involvement Create an Advisory Committee: Typically individuals from local government, design consultants, construction companies, citizen groups, WMDs, and FDEP. How to get input? Typical are: Web site Face to face meetings PSA Oral and written input Social media

54 Input from Stakeholders How to communicate? Website, phone, s, social media, and meetings are common. Example website: s/stormwater-manual.aspx Hold stakeholder meetings to solicit input. Example: Pinellas County is currently in the process of developing a Stormwater Manual that will consolidate all stormwater quality, quantity and conveyance requirements in one central location. The LDC also is being revised.

55 Input from Stakeholders Importance of Case Studies Solicit sites for case studies plans, calculations, infrastructure parts and costs Variety of projects typical of the area Use to demonstrate how the performance standards are implemented Use to demonstrate how LID BMPs can achieve desired stormwater treatment Use to compare stormwater BMPs, treatment effectiveness, and costs of site plans under existing and proposed requirements Use of BMPTRAINS allow loading analysis of various BMP treatment trains easily

56 Implement Education Programs For general use and for citizens Create your own public service announcements. Good You Tube videos* on TAPP. TAPP (think about personal pollution) televised PSA are available, go to *

57 Implement Education Programs Training workshops for local government staff and local developers and consultants. Focus on new requirements, procedures, submittals, load quantification Training for staff involved in plan review, inspections, operations, maintenance

58 Identify Responsibility and Staffing Needs Local governments division of duties and responsibilities, Who on government staff will do the review? Who will do construction inspection? Marion County has been doing this for a few years as they develop their programs to protect groundwater. They work with construction folks as well as with designers.

59 Identify Responsibility and Staffing Needs Establish time frames for assistance and reviews. Consider delegation from regional and state agencies to reduce duplication and streamline process. What are the inspection and reporting frequencies after construction?

60 Conclusions Protecting and restoring water quality starts at local government with Comprehensive Plan and Land Development Code Local stormwater manual and code needed to achieve advanced stormwater treatment and promote use of LID BMPs and principles Local stormwater manual and code need to be revised together to ensure compatibility We have presented an effective process that can be used or easily tailored to your needs

61 Stormwater after the Storm Integrating LID into Local Government Stormwater Programs: A User's Guide Martin Wanielista, Eric Livingston, and Clark Hull Discussion and Thank You 2016 Annual FSA Conference Sanibel Harbour Marriott, June