Water Quality. New Standards on the Way? by Marty P. Lamia and Albert R. Capellini, P.E., BCEE

Transcription

1 Water Quality New Standards on the Way? by Marty P. Lamia and Albert R. Capellini, P.E., BCEE Water quality is a critical component having a direct effect on the physical and economic well-being of the environment. Under the Clean Water Act, set standards have been established to limit pollution, as well as to help protect and restore inland waters that are part of Florida s history, culture, and economic prosperity. Background The U.S. Environmental Protection Agency (EPA) is proposing new standards to protect the state s waters. The proposed modifications are intended to help stimulate water quality improvements in already impaired waters, improve water quality, and protect public health, aquatic life, and 62 Nov 2010 FLCAJ

2 the long-term recreational uses of the state s waters. These proposed new regulatory provisions, called restoration standards, would be specific to the nutrients and general water quality in the state s water. Property owners, condominium, and homeowners throughout the state of Florida who have lakes, tributaries, canals, and other bodies of water on their property that are regulated will be required to comply with these new standards and classifications once they are legislated and promulgated throughout the state of Florida. Surface water is water collecting on the ground or in a stream, river, lake, wetland, or ocean. Most of these waters are currently classified as Class III (see below) which is medium clean, fresh surface water resource used for consumption, but requires passing through an ordinary treatment process before use for agriculture. Criteria for Surface Water Quality Classifications To protect present and future most beneficial uses of the waters, water quality criteria have been established for each classification. While some criteria are intended to protect aquatic life, others are designed to protect human health. Surface Water Quality Classifications The Clean Water Act requires that the surface waters of each state be classified according to designated uses. Florida has five classes with associated designated uses, which are arranged in order of degree of protection required: Class I Potable Water Supplies. Fourteen general areas throughout the state including: impoundments and associated tributaries, certain lakes, rivers, or portions of rivers used as a drinking water supply. Class II Shellfish Propagation or Harvesting. Generally coastal waters where shellfish harvesting occurs. Class III Recreation, Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and Wildlife. The surface waters of the state are Class III. FLCAJ Nov

3 Class IV Agricultural Water Supplies. Generally located in agriculture areas around Lake Okeechobee. Class V Navigation, Utility, and Industrial Use. Currently, there are not any designated Class V bodies of water. EPA Proposal Right now the U.S. EPA is proposing rules that will impose more stringent requirements for water protection. These nutrient-level targets will be based on scientific nutrient data. Currently, the water quality standards in Florida are based on narrative statements, which will be replaced with numeric nutrient data targets. This includes measuring phosphorus and nitrogen pollution, dissolved oxygen levels, and algae that may impair the waters. The EPA is very concerned about the downstream effects on our water quality. For example, too much nutrient input or enrichment is sometimes called pollution because it causes a chain of events that may have undesirable effects on lakes. Conversely, increased nutrients sometimes have beneficial effects, such as increased fish and birds. Examples of Pollutants that Affect Water Quality As water runoff flows over the land or impervious surfaces paved streets, parking lots, and building rooftops it accumulates debris, chemicals, sediments, or other pollutants that could adversely affect water quality if the runoff is discharged untreated. Contaminants can also reach a body of water either via groundwater, faulty septic tanks, or through drainage ditches, including artificial fertilizer residues, insecticides, herbicides, pesticides, and farmyard waste, all of which are potentially harmful. Accidental milk spillage, for example, from dairies is a serious contaminant in agricultural areas. As algae and other contaminants turn the water green, the excess bacterial activity that results can further reduce oxygen levels. Proposed Water Quality Targets The U.S. EPA has consulted with the FDEP (the Florida Department of Environmental Protection State Agency), which will submit nutrient-level targets to the U.S. EPA for consideration. The proposed modifications by Florida also include adding a Class III Limited sub-category, which will have amended nutrient standards. For example, if the current Class III standards require a DO (dissolved oxygen) level of 5.0 mg/l (parts per million) the Class III Limited may require a DO level of 3.0 mg/l. What Does This Mean for Community Associations? If you have property that contains lakes, streams, or springs, or is located near or on canals and coastal waters, you may have to begin measuring the nutrient levels in these water bodies to comply with the numeric nutrient targets that are established. The U.S. EPA will institute these target levels for Florida with the cooperation and input from FDEP, at which time the state of Florida will have to set enforceable, incremental water-quality targets, implementation procedures, 64 Nov 2010 FLCAJ

4 as well as fees for certification and compliance. Property Type Scenario 1: Commercial Use You may have property for commercial use on a site that may have had a body of water that was originally a rock pit several years ago, which has since been developed and transformed into a retention pond. Depending on the types of businesses or warehouse facilities on this commercial site, these tenants may have an impact on the water quality. Municipal water pollution consists of wastewater from both homes and commercial establishments. Some examples of pollutants include: asbestos, lead, mercury, nitrates, phosphates, sulfur, oils, and petrochemicals. Many industrial facilities use freshwater to carry away waste from the plant and into rivers, lakes, and oceans. According to Fubra limited, for example, different items take different lengths of time to degrade in water: Cardboard Takes two weeks to degrade Newspaper Takes six weeks to degrade Photodegradable packaging Takes six weeks to degrade Foam Takes 50 years to degrade Styrofoam Takes 80 years to degrade Aluminum Takes 200 years to degrade Plastic packaging Takes 400 years to degrade Glass Takes so long to degrade that we don t know the exact time. FLCAJ Nov

5 66 Nov 2010 FLCAJ Property Type Scenario 2: Residential Domestic households produce wastewater that can cause pollution of many lakes and rivers. Sewage from these households used for wastewater often contains feces, urine, and laundry waste, in addition to pesticides and fertilizers used for landscaping. How Do You Control Pollution and Why? Pollution Control Some ways you can help control water pollution include using non-toxic soaps, detergents, and cleaning products in your buildings and on your properties. Make sure your tenants and you are monitoring the disposal of paints, motor oil, gasoline, antifreeze, and other chemicals that comply with the law. If your tenants or you use chemicals, make sure they are properly stored to avoid having them leak into the groundwater system. Prevent polluted runoff and soil erosion by planting trees and bushes along roads and natural water sources, as well as controlling the use of pesticides and chemical fertilizers on lawns and gardens. Why? Ninety-five percent of all fresh water on earth is groundwater. Groundwater is found in natural rock formations. These formations, called aquifers, are a vital natural resource with many uses. Nationally, 53 percent of the population relies on groundwater as a source of drinking water. In rural areas, this figure is even higher. According to the article Water Pollution and Society by David Krantz and Brad Kifferstein,

6 eighty-one percent of community water is dependent on groundwater. Currently, workshops and forums hosted by the U.S. EPA have been held around the state to determine how to define, classify, and implement proposed nutrient standards in the state of Florida. Some upcoming U.S. EPA deadlines include promulgating standards for fresh waters by October 2010 and marine waters by October How Do You Take Action? Submit comments to the EPA at WQSclearing Mail U.S. EPA Office of Science and Technology, Standards and Health Protection Division, 1200 Pennsylvania Avenue, NW Mail Code 4305T Washington, DC Crain Atlantis Engineering, Inc. is monitoring the progress of these regulations to help determine the potential cost and impact. The state of Florida has not yet defined any requirements. This will not occur until the U.S. EPA promulgates the rules after they complete their public hearings. Although there is no program yet, the proposed standards include a proposed process to petition for re-classification of a water body to substantiate any re-classification request. Marty P. Lamia is, vice president, MBA, and an OSHA certified inspector and Albert R. Capellini, P.E., BCEE is president with Crain Atlantis Engineering, Inc. in Deerfield Beach, Florida. For more information, visit atlantis.com. FLCAJ Nov