MAINE STORMWATER CONFERENCE October 24, 2017
Long Creek Watershed
Long Creek Identified as Failing to Meet Water Quality Standards by 1998 Under Section 303(d) of the CWA, states are required to develop, and update every two years, lists of waters rivers, lakes, coastal waters and estuaries that are impaired (or threatened) by one or more pollutants.
Maine DEP Assessment Maine DEP looking at Long Creek in depth in 2002 Compares Long Creek (highly developed) with Red Brook (less developed) Similar sandy silty bottomed streams Long Creek has greater impervious area and appears more stressed Segments of Long Creek fail to meet water quality classification December 2002
Clean Water Act Residual Designation Authority 33 U.S.C. 1311(a): (a) Illegality of pollutant discharges except in compliance with law Except as in compliance with this section... the discharge of any pollutant by any person shall be unlawful. 33 U.S.C. 1342(p): (p) Municipal and industrial stormwater discharges (1) General rule Prior to October 1, 1994, the Administrator or the State shall not require a permit under this section for discharges composed entirely of stormwater. (2) Exceptions (E) A discharge for which the Administrator or the State, as the case may be, determines that the stormwater discharge contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States.
Code of Federal Regulations 40 C.F.R. 122.26(a)(9)(i)(D): (9)(i) On and after October 1, 1994, for discharges composed entirely of storm water, that are not required by paragraph (a)(1) of this section to obtain a permit, operators shall be required to obtain a NPDES permit only if: (D) The Director, or in States with approved NPDES programs either the Director or the EPA Regional Administrator, determines that the discharge, or category of discharges within a geographic area, contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States.
Conservation Law Foundation Petition to Vermont ANR June 2003 Petition to Vermont Agency of Natural Resources for a determination that stormwater discharges to five brooks contribute to violations of Vermont water quality standards thereby requiring a permit. Believed to be first petition filed pertaining to Residual Designation Authority.
Long Creek Planning Project The City of South Portland has received a federal grant to partner with watershed municipalities and stakeholders to develop a locally supported plan for the Long Creek Watershed area. The plan will outline a strategy to help restore the water quality of Long Creek so that it meets the quality standards set under state and federal law. August 2007
Case study partially triggered by 1998 impaired water listing U.S. EPA chose the Long Creek watershed for study under CWA funding in early 1999 The case study project team completed the majority of literature review for this report in 2005 The Long Creek case study provided U.S. EPA an opportunity to collaborate with the Maine Department of Environmental Protection We hope this collaborative effort serves as a foundation for improving Long Creek s ecological condition... U.S. EPA Analysis December 2007
Conservation Law Foundation Petition Stormwater discharges from impervious surfaces are contributing to violations of water quality standards. Contributing discharges are subject to regulation under the NPDES programs. Evidence from Maine DEP 2002 assessment and U.S. EPA 2007 analysis used as basis for petition. Designation should include all existing non permitted impervious surfaces. March 6, 2008
EPA Preliminary Determination Maine determined in its 1998 Section 303(d) list that Long Creek was not meeting water quality standards for dissolved oxygen, and in its 2002, 2004, 2006, and 2008 Section 303(d) lists that Long Creek was not meeting the water quality standards relating to aquatic life use. EPA Region I determined that a designation pursuant to its authority under the CWA was appropriate. Designated discharges must be controlled through the issuance of permits under the NPDES program. Covers storm water discharges from properties on which there are impervious surfaces equal to or greater than one acre in the Long Creek watershed. EPA seeking public comment after which preliminary residual designation will be reviewed. December 3, 2008
Long Creek Watershed Management Plan July 2009 Structural Best Management Practices (BMPS) In stream, Riparian Habitat, and Floodplain Restoration Non Structural Best Management Practices (BMPs)
Interlocal Cooperation 30 A M.R.S.A. 2201 2208 Permits public agencies... Including... Municipalities to make the most efficient use of their powers by enabling them to cooperate... to provide services. Any two or more parties may enter into agreements with one another for joint or cooperative action under this chapter.
Interlocal Agreement August 28, 2009 Portland, Scarborough, South Portland, and Westbrook Purpose... is to establish the Long Creek Watershed Management District as a quasi municipal special purpose district... to... allow the Parties and other Participating Landowners to share in the costs and the benefits of implementation of the Long Creek Watershed Management Plan. Plan includes design, engineering, construction, installation, operation and maintenance, repair, replacement and monitoring of Best Management Practices in and along Long Creek and within the Long Creek Watershed.
EPA Final Designation Storm water controls and NPDES permits are needed for discharges to waters of the United States from the designated discharges. Designated Discharges: Storm water discharges from properties on which there are impervious surfaces or areas equal to or greater than one acre in the Long Creek watershed. October 28, 2009
Permitting Options General Permit Streamlined Permitting Process (Notice of Intent to Comply) Participating Landowner Agreement with LCWMD LCWMD Implements Long Creek Watershed Management Plan on Behalf of Owner or Operator Owner or Operator has Some Responsibilities Individual Permit Individual Landowner Submits full MEPDES Application to Maine DEP Owner or Operator Responsible for Implementing Permit Requirements
Long Creek General Permit November 6, 2009 State of Maine, Department of Environmental Protection, General Permit Post Construction Discharge of Stormwater in the Long Creek Watershed, requires: 1. Implementation of the Long Creek Watershed Management Plan, 2. Inspection and Maintenance Plan, and 3. Monitoring Plan.
Articles of Incorporation January 14, 2010 Long Creek Watershed Management District ( LCWMD ) Maine Nonprofit Corporation Board of Directors up to 16 14 appointed by municipalities 1 appointed by Maine Turnpike Authority 1 appointed by Maine DOT Implementation by Executive Director Services Agreement with CCSWCD
Organizational Structure
Participating Landowner Agreements Early 2010 40 page legal document upon which over 100 private, public, and quasi public entities needed to agree Reportedly took 10 months and 20 drafts Prescribes LCWMD Responsibilities Prescribes Landowner Responsibilities $3,000 per acre of impervious cover to fund implementation of the Watershed Management Plan Annual revenue approximately $1.5 million
Incentives for Participating Under General Permit Streamlined permitting process only file Notice of Intent to Comply. Provides ability to work across property lines and geopolitical boundaries. Ability to construct larger BMP projects that serve several landowner parcels. Lower cost to implement collectively than individually economies of scale. LCWMD provides services such as annual parcel inspections, pavement sweeping, and catch basin cleaning. LCWMD provides technical support and education and outreach.
Identification of Structural BMP Opportunities Watershed Management Plan inventoried hundreds of potential BMPs projects for both new construction and retrofits within the Long Creek Watershed. Watershed Management Plan identified priority structural BMP projects. Watershed Management Plan identified initial construction of approximately 50 structural BMPS over 10 years to treat 150 acres of impervious cover.
BMP Identification Rationale Watershed Management Plan Identified nine priority catchments for structural retrofits Tier 1: good cost benefit ratios, minimal impact on existing infrastructure, and provide significant reduction in polluted stormwater. Tier 2: average cost benefit ratio, minimize impact on existing infrastructure, provide benefits beyond Tier 1. Tier 3: lower than average cost benefit ratio and may require significant modifications to infrastructure. Specific Tier 1, Tier 2, and Tier 3 BMPs identified for each priority catchment
BMP Design and Construction Funds from annual participating landowner assessments allocated to construction budget. LCWMD contracts for design and construction services. Participating landowners obligated to provide easements for construction and maintenance of BMPs for projects identified in Watershed Management Plan.
FY17 Expenses by Category 5% 11% 5% Adminstration Construction & Maint. Monitoring Non Structural 79%
Where are we at today? Constructed approximately 92 structural BMPs treating 110 acres if impervious cover.
LCWMD Owned or Operated BMPs in Long Creek Watershed Breakdown by Type Quantity CONTECH Filterra Bioretention System 18 Vegetated Swale 9 Underdrained Soil Filter 18 Gravel Wetland 3 Bioretention Cell/Rain Garden 9 ADS Storm Pure Catch Basin Insert 1 CONTECH Jellyfish Filter 3 Hydro First Defense Catch Basin Insert 2 Hydro Downstream Defender Catch Basin Insert 4 ADS StormTech Infiltration and Treatment BMP 9 StormTreat Bioretention and Treatment BMP 15 Brentwood StormTank Subsurface Retention BMP 1 Total= 92
BMP Inspection and Maintenance Inspection and Maintenance Plan identifies responsibilities for LCWMD and landowners. Details frequency and scope of BMP inspection Program. Details frequency and scope of BMP maintenance. Identifies reporting obligations.
Inspection and Maintenance Responsibilities Participating Landowner LCWMD ASSESSMENTS Payment of LCWMD Assessments Ensure that All Due LCWMD Assessments Have Been Paid STRUCTURAL BMPS Stormwater Post Construction BMP Inspections for Private Structural BMPs Stormwater Post Construction BMP Inspections for LCWMDowned or operated Structural BMPs Stormwater Post Construction BMP Maintenance for Private Structural BMPs to Ensure that Structural BMPs are Functioning as Designed Stormwater Post Construction BMP Maintenance for LCWMDowned or operated Structural BMPs to Ensure that Structural BMPs are Functioning as Designed PARCEL SPECIFIC REQUIREMENTS Inspection and Maintenance Reports for Private Structural BMPs Annual Parcel Documentation (reporting): Provide Description of Landscape Management BMPs to LCWMD Provide Pavement Sealing Schedule and Type of Materials Used to LCWMD Provide Description of Winter Deicer Applications to LCWMD Inspection and Maintenance Reports for LCWMD owned oroperated Structural BMPs Annual Parcel Inspections: Inspect Dumpster Location and Management Inspect Outdoor Hazardous Materials Handling and Storage Inspect Private Stormwater Management Infrastructure Other than Structural BMPs PAVEMENT SWEEPING CATCH BASIN INSPECTION AND CLEANING Provide Description of Pavement Shading Efforts to LCWMD Provide Third Party Inspection Reports for Private Structural BMPs to LCWMD Conduct Outfall Stability Evaluations Receive Annual Third Party Inspection Reports for Private Structural BMPs Implementation of Pavement Sweeping Program Conduct Catch Basin and Pipe Inlet BMP, if present, Inspection and Cleaning
LCWMD Structural and Nonstructural BMP Inspection and Maintenance Responsibilities Structural BMP Inspection and Maintenance Structural BMP Repairs Landscaping of Structural BMPs Pavement Sweeping Services (focused on collection of fine particles) Catch Basin Inspection and Cleaning Services
FY2018 Inspection and Maintenance Costs BMP Inspection and Maintenance Structural Repairs Landscaping Pavement Sweeping Pipe Inspection Catch Basin Cleaning Waste Disposal $35,393 $35,000 $79,903 $97,220 $10,500 $30,000 $21,000 Total $309,016
Adaptive Management Adaptive management is the process by which new information about the health of the watershed is incorporated into the watershed management plan. Stakeholders can evaluate the effectiveness of one set of restoration actions and either adopt or modify them before implementing effective measures in the next round of restoration activities. Review monitoring data and effectiveness and cost of previously installed BMPs. In 2014 and 2015, LCWMD convened Expert Review Panel to review implementation of Plan.
Opportunistic Retrofits Work with participating and nonparticipating landowners as opportunities arise. Possibility of above and beyond BMP retrofits or repairs. Review Maine DEP and municipal development applications for partnership opportunities. Financial contribution or technical support.
Lessons Learned Adaptability: Be prepared to adapt to changing circumstances. Greening of the Maine Mall New Development Respond to Monitoring Data Contractor availability Contracts: Awareness of contracting process and contract management. Landowner agreements needed to provide comfort to participating landowners to encourage participation Stringent procurement and contracting procedures Stringent insurance requirements Find good contractors who understand stormwater management Contractors integral as eyes in the field and in problem solving Long term, fixed price contracts help for financial planning
Lessons Learned Ongoing Expenses: Anticipate long term inspection, maintenance, and repair costs. High maintenance BMPs BMP in an area where it is a poor fit Landscaping costs Routine maintenance Nonroutine maintenance Repairs Maintain Relationships with Stakeholders: Collaborate to achieve commons goals. LCWMD Board members representative of universe of participating landowners Work to reconcile and align state, quasi state, municipal, retail, commercial, industrial, and nonprofit interests Utilize Board member expertise (e.g. engineering, ecology, finance, business, regulatory) Strive to accommodate landowner concerns to the extent consistent with Equitable implementation of Watershed Management Plan Work effectively with regulators such as municipalities and Maine DEP
www.restorelongcreek.org Peter Carney pcarney@restorelongcreek.org (207) 894 4320