Bureau of Water Quality

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Bureau of Water Quality Mick Kuhns, P.E. Bureau Director November 17, 2015 Protecting Maine s Air, Land and Water

Water Quality Trend/Status What is the quality of our waters? Are they getting better or worse? How do we compare with other states? Important that we understand the answers to these questions.

What is the quality of our waters? Rivers and Streams Morrison Stream SW of Town of Bethel Androscoggin River 19 th Annual Source to the Sea

What is the quality of our waters? Rivers and Streams Over 55,000 miles of rivers and streams: 1987 2012 Class AA 985 mi 3,404 mi Class A 13,471 mi 25,007 mi Class B 34,515 mi 26,313 mi Class C 6,552 mi 614 mi Class D

What is the quality of our waters? Rivers and Streams 1987 2012 AA A B C AA A B C 99% of all the rivers and streams in Maine are Class B or better!

What is the quality of our waters? Lakes and Ponds Taylor Pond Sebago Lake

Lake Transparency

What is the quality of our waters? Lakes and Ponds Regional distribution of Secchi disk transparency in waters of the United States. Stephens, et al Reviewed 975,760 Secchi disk readings from all 50 States Maine ranked third, behind Alaska and Montana Least variation in Maine data, so water quality is consistently higher state-wide more so than the other states Maine s Median Secchi depth = 4.8 m (15 ½ ft.)

What is the quality of our waters? Marine Waters Half Moon Rock, Casco Bay Falmouth Harbor

What is the quality of our waters? Marine Waters Maine is known for it s clean ocean waters Experience excellent flushing very active currents Home of the iconic American Lobster, Clams, various fisheries, significant tourism and the thousands that make their livelihoods from the sea However, these are waters that are being stressed: - Ocean acidification - Climate change impacts - Invasive species

Marine Waters In 2014, the 126 th Legislature established a commission to study ocean acidification, specifically: The effects of coastal and ocean acidification; and, The existing and potential effects on species that are harvested and grow along the Maine coast. Final report issued January 2015. www.maine.gov/legis/opla/oceanacidificationreport.pdf

Marine Waters Climate change impacts Increasing ocean temperature Altered habitat

Marine Waters

Marine Waters Decreasing Eelgrass Habitat

How do we compare with other states? Trends in Water Quality CWA Sections 303(d) and 305(b) require monitoring and reporting of water quality. Water bodies are put into one of five categories. Categories 1 & 2 are considered to be meeting water quality requirements for their classification.

How do we compare with other states? Trends in Water Quality Here are the Category 1 & 2 water bodies as reported in 2012: Rivers & Streams (mi.) Lakes (ac.) Maine 96% 91% US 46% 31% Note: Trends determined on data submitted since 2006. Source: EPA.

Challenges - Combined Sewer Overflows (CSOs)

Challenges - Combined Sewer Overflows (CSOs)

Challenges EPA and Maine s WQS In letters dated February 2, 2015, March 16, 2015, and June 5, 2015, EPA stated that is had approved some of Maine s WQS, but disapproved several other, including some that have been in place for 30 years. DEP strongly disagrees with these three letters and that the standards have been wrongly disapproved by EPA. For more information, please go to our website.

Challenges EPA No cookie cutter approach

Innovation Examples of improved service: Computer Based Testing for POTW Operators

Opportunities Wastewater is a very mature program: Needed upgrades to aging POTWs Need an influx of new POTW operators Continued work on CSOs Innovative ways to deal with climate change Natural and Built environments

Mick Kuhns Mick.kuhns@maine.gov 207-287-2827

Stormwater: The Main(e) Perspective Mark Bergeron, P.E. Bureau of Land Resources November 17, 2015 Protecting Maine s Air, Land and Water

Chapter 500 The Past 1995 Maine Storm Water Management Law 1997 Chapter 500 Stormwater Management Law Rules 2006 - Stormwater Management Rules last updated 2009 Stakeholder group discussions

Chapter 500 The Present New changes effective 8/12/2015 General standards options when 95% and 80% treatment levels can t be met Redevelopment standards Innovative treatment measures Clarification of treatment standards for Site law redevelopment projects Rainfall table updates Voluntary low impact development credit

Chapter 502 The Future Watersheds most at risk, and urban impaired streams Last updated in 2006 Potential start of review in 2016 Major substantive rule

What do the changes mean?

New! Chapter 501 Rule Compensation fees and mitigation credits Section 6 was moved from Ch. 500 to be a stand-alone rule Routine technical rule change Effective date 1/13/2015

Maine Construction General Introduced in 2003 Permit (MCGP) Licenses discharges only from construction activities Expired in 2008, but coverage continues

MCGP Proposed Changes Definition changes Construction in Long Creek watershed Emergency-related construction activities Non-stormwater discharges Changes reviewed with EPA

Low Impact Development (LID) LID definition in Ch. 500 Rules Site planning and design strategies intended to replace or replicate predevelopment hydrology through the use of source control and relatively small-scale measures integrated throughout a site to disconnect impervious surfaces and enhance filtration, treatment, and management of stormwater runoff as close to its source as possible. Low impact development strategies may be either nonstructural or structural Encourage innovation and creativity Voluntary LID credit

Low Impact Development (LID) What does DEP consider LID? Not just one definition Differing opinions on what LID is

Stormwater and Climate Change DEP Online Adaptation Toolkit

Stormwater and Climate Change DEP Adaptation Toolkit: Centralized source of information for many stakeholders Developed with other state agencies Will continue to be updated over time http:///sustainability/clim ate/adaptation-toolkit/index.html

Mark Bergeron Mark.Bergeron@maine.gov 207-215-4397