Massachusetts DEP Water Management Act Policy: -- the Good News and the Bad News --

Transcription

1 Massachusetts DEP Water Management Act Policy: -- the Good News and the Bad News -- By Arleen O Donnell, MassDEP Commissioner EBC of New England May 18, 2007

2 MassDEP s Authority MGL Chapter 21G 310 CMR Water Supply Water Quality Agriculture Waste Water Hydropower Balance Navigation Recreation Wetland Habitat Fish and Wildlife Flood Plain Groundwater Recharge

3 Stressed River Basins 16 High Stress 36 Medium Stress 18 Low Stress Unassessed: mostly coastal basins Source: Water Resource Commission stressed basin report (2001) Based on USGS subbasin stream gages

4 Impacts Water supply withdrawals Other water losses Impervious surface impacts Stormwater collection/drainage systems Municipal waste water collection/disposal systems Inflow of stormwater & Infiltration of groundwater into municipal sewer lines Reduced capacity of watershed to sustain its use as a water supply and as a habitat for its dependent plant and animal communities

5 Watershed Urbanization

6 Timeline May 19, Ipswich permits issued April 2, Permitting Policy & Guidance issued October 26, Legislative hearing January 17, Revised Guidance issued Sept.-Dec Blue Ribbon Panel March 2, 2007 Natural Resources and Environmental Committee Response to Blue Ribbon Panel Report

7 Appealed Ipswich Permits May PWS Permits Held permitted volumes Introduced Performance Standards More stringent conservation conditions Permit Appeal Status 3 final decisions (2 appealed Superior Court) Final decisions upheld MassDEP s permits

8 April 2004 WMA Permitting Policy Goal: Wise & Balanced Water Use More protection of our stressed water resources through implementation of conservation measures Reduce nonessential water use Apply higher Performance Standards to increases in water use Mitigate increases in water use where feasible

9 Policy & Guidance Objections Suppliers: Policy will not restore streamflows Lack of public process Science behind stressed basins Financial hardship Summer-winter ratio, RGPCD & UAW standards are arbitrary and unworkable Environmentalists: Policy should go further (regulate private wells, water banking now etc.) Safe Yield evaluation

10 Timeline for Policy & Guidance Changes Timeline RGPCD UAW Seasonal Cap Mandatory Water Use Restriction Offsets Pre-2003 IBT only with few exceptions IBT only with few exceptions NONE NONE NONE April % Sum-Win differential reduction until 1.2 obtained Streamflow triggered Exceed baseline Conduct feasibility study within 1 year Implement study results 80 15% NONE NONE NONE January (with 72 enforcement margin) 10% (with 15% enforcement margin) NONE Streamflow triggered or seasonal (May 1 Sept. 30) Number of days allowed based on sum-win. ratio, trigger type, and basin stress Exceed Baseline (BL) Conduct feasibility study: High: 1 st full year > BL Med.: 2 nd full year > BL Implement study next time > BL 80 15% NONE NONE NONE All basins High and medium stress Low and unassessed stress

11 2006 Guidance Revisions Enforcement forbearance in high & medium stressed basins clarified DEP s enforcement response Provide pws with compliance plan options Focus resources on most severe exceedences Extended timelines for meeting standards up to 5 years to comply with Standards Simplified summer water use restrictions clear set of options basin distinctions eliminated hard summer cap Financial hardship delay/waive requirements for suppliers who hold/reduce water use

12 Performance Standards Residential Gallons Per Capita Day (RGPCD) 2 full calendar years to comply High and medium stress: 65 RGPCD Enforcement Forbearance rgpcd Low stress and unassessed: 80 RGPCD 2006 State average = 69 RGPCD

13 Number of Communities % 92 40% (based on 231 communities) Distribution of Residential Gallons Per Capita Day (RGPCD) for Municipal Public Water Suppliers, % less than to to 80 > % 9 4% 80 37% % (based on 218 communities) 44 20% 12 5% % 62 26% 47 20% (based on 239 communities)

14 Performance Standards Unaccounted-for-Water (UAW) 2 full calendar years to comply High and medium stress: 10% UAW Enforcement Forbearance = 11% - 15% Low stress and unassessed: 15% UAW 2006 State average = 12%

15 Distribution of Unaccounted for Water (UAW) for Municipal Public Water Suppliers, Number of Communities % 82 38% % 26% < 5 % 5% to 10% 11% to 15% >15% 24 11% 89 42% 54 25% 47 22% 39 17% 84 36% 48 21% 61 26% (based on 217 communities) (based on 214 communities) (based on 232 communities)

16 Compliance Plans Must include: Why you didn t meet the Performance Standard What you are doing to meet the Performance Standard Schedule to meet Performance Standard by next 5-Year review

17 Blue Ribbon Panel Follow-Up Examine flexibility for outdoor water use restrictions Evaluate BMPs in lieu of offsets Pilot projects for BMPs

18 Summer Withdrawal Limits Control nonessential outside water uses that are not required for: health or safety reasons by regulation production of food and fiber maintenance of livestock core function of a business Two options 1. Calendar Trigger (May Sept.) 2. Stream Flow Trigger

19 Limits on Outdoor Water Use Calendar Trigger (May 1 Sept. 30) Limits lawn sprinklers to: 2 days/week for medium & high stress basins with sum/win ratio under day /week for high stress basins with sum/win ratio over 1.2 Tighter restrictions during droughts Stream Flow Trigger When stream flow falls below 0.50 CFSM Limits lawn sprinklers to: 1 day/week for medium & high stress basins with sum/win ratio under 1.2 no lawn sprinklers allowed for high stress basins with sum/win ratio over 1.2

20 Possible Flexibility on Water Use Restrictions Must consistently meet 65/10 Performance Standards Additional considerations for flexibility Program restricting days/hours of irrigation Reasonable summer/winter ratio Adoption of water bank Efficient water use trends Conservation rate structure (seasonal/increasing..) Retrofit/rebate program on water saving devices

21 What are Offsets? Measures that return water to the basin or prevent water loss from a basin Offsets may include: Stormwater recharge Wastewater return/reuse Infiltration and inflow removal Private well regulation Best Management Practices: Water conservation programs Low Impact Development bylaws Bylaws that regulate land clearing, impervious cover, topsoil, automatic sprinkler systems Source optimization plans Water banking

22 Offset Summary Current WMA guidance document requires offset feasibility study to be conducted when withdrawals exceed baseline Offset requirement volume determined from withdrawals in excess of baseline, summer to winter water use, percent sewered/septic, and location of discharge points Accounting approach would assign credits to BMPs and other practices with goal of reducing offset requirement volume to zero Alternative approach? Implement a number of BMPs without tracking estimated water savings

23 Projected WMA 5 Year Review Schedule FY2006 Westfield Shawsheen Merrimack Cape Cod Islands Connecticut Blackstone French North Coastal Parker Boston Harbor Charles Taunton FY2007 Housatonic Deerfield Concord South Coastal Ten Mile FY2008 Farmington Chicopee Nashua Millers Buzzards Bay

24 WMA Upcoming Milestones Registration renewal: January 1, year Permit renewal: August 31, 2008 Total Allocation Total Registration Volume 938 mgd 84% of Total Volume Total: 1,116 mgd Permit Alone 2% PWS Allocation Total Permit Volume 14% Total: 865 mgd Registration & Permit 488 mgd 44% Registration Alone 567 mgd 51% Registration & Permit 42% Registration Alone 56% Total Permit Volume 178 mgd 16% Total Registration Volume 86% Permit Alone 61 mgd 5% MWRA 64 % of registration alone volume

25 Registration Renewal Expire January 1, 2008 Registration questions: Reduction in registered volumes? Conditioning registrations? Golf Courses (94) Other (Ski Areas, Water Bottlers, Fish Hatcheries) (15) Cranberry (393) Other Agriculture (34) Industrial (73) WRC Conservation Standards? DEP s Performance Standards? Outside Water Use Restrictions? PWS (258) Total Number of Registrations (867)

26 Next Steps Reconvene WMA Advisory Committee Technical Work Group on summer water use restrictions & offsets Annual Statistical Report Work Group Sustainable Yield Estimator Water Budgets WRC s Index Streamflow Work