Introducing Act 64 - the Vermont Clean Water Act - and Vermont s Clean Water Goals

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Introducing Act 64 - the Vermont Clean Water Act - and Vermont s Clean Water Goals Marli Rupe, DEC Clean Water Initiative Program Asst. Manager February 22, 2016

Clean Waters are a Critical Community Asset Protect health; Preserve the natural beauty; Enhance the ecological values of our waters; Are an essential legacy for Vermont s Future Generations

The decline in the health of our waters has quality of life and economic impacts Loss of uses such as boating, swimming, fishing Decline in natural resource-based tourism Decline in property values Cost of water treatment Cost of reducing the pollution

Water Pollution Water Pollution is the discharge of waste, litter, chemicals, sediment, heat, or other materials into water, contaminating or degrading the quality of that water for other users Aug. 2014 Algae Bloom, St. Albans Bay Photo: Courtesy of Friends of the Northern Lake Champlain

Water Pollution Point Sources Examples: wastewater or industrial discharges Illegal discharge of untreated sewage, dyed green for the assessment

Water Pollution Nonpoint Sources Examples: Runoff from developed areas, agricultural lands, logging operations and construction sites Leading cause of water quality degradation

Land uses can influence the generation of non-point sources of water pollution

With consequences locally and downstream

The best time to plant a tree is 20 years ago. The second best time is now. -- Chinese Proverb

Vermont Clean Water Act (2015, Act 64) Supports clean water needs statewide Supports phosphorus pollution reductions in Lake Champlain, as required by the Environmental Protection Agency

All in approach Roads Agriculture Developed Land 3 acres Forestry Tactical Basin Planning

Stormwater Management - Roads Eroding roadside ditch Storm-damaged gravel road

Stormwater Management Roads (continued) Goal: Reduce runoff and erosion associated with the State and municipal road network Bring critical erosion areas along road drainage systems and other sources of road runoff and erosion up to basic maintenance standards Benefits include reduced sediment and nutrient pollution; improved resilience to storm damages; lower long-term maintenance costs

Stormwater Management Roads (continued) Time, Flexibility, Support Municipal road general permit will go into effect at the end of 2017 All municipalities must develop road stormwater management plan by 2021 Applies to paved and unpaved roads 20-year implementation period

Stormwater Management Roads (continued) Municipal Road Stormwater Management Plan Inventory Prioritize Implement

Support for Roads- outreach, technical assistance and funding VTrans: Local Roads Program, Better Backroads grants, VTrans District staff DEC: Various programs with Watershed Management Division Partners: Regional planning commissions, Watershed groups, natural resources conservation districts

Stormwater Management Roads (continued) State roads will also need to comply with Act 64 Entire state transportation network and facilities Standards will be issued in spring 2016 Will require retrofits of existing state road systems

Act 64 and Existing Development Goal: Treat stormwater runoff from existing impervious surfaces Current target: Parcels with 3 acres of impervious surface Require stormwater retrofits of existing impervious surface Standards developed as part of permit development process

Act 64 and Existing Development (continued) Requires ANR to adopt a general permit by Jan. 2018 Requires ANR to develop a schedule to require: Retrofits in the Champlain Basin no later than 2023 Retrofits in the rest of the State no later than 2028 MS4s will need to develop phosphorus control plans

Agricultural Water Quality Accepted Agricultural Practices (AAPs), to be referred to as required agricultural practices (RAPs), are to be revised by July 1, 2006 Small farms are to be defined by July 2016 Increased financial aid and increased enforcement

Revisions to RAPs Increases vegetative setback standard for: Surface waters 25 feet Ditches 10 feet Require standards for: Livestock exclusion from waterways Soil conservation such as cover cropping in critical areas New standards for tile drainage by January, 2018

Planning for Clean Water Tactical Plans are the implementation vehicle for clean water activities and TMDLs 15 Planning Basins 5 Planners Plans revisited every 5 years Plan Implementation table updated continuously RPCs are assisting DEC in the basin planning process

Danielle Owczarski, Montpelier 490-6176 http://www.watershedmanagement.vt.gov/planning.htm

Tactical Basin Plans Integrate: Monitoring & Assessment Results Water Quality Monitoring Stream Geomorphic Assessment Town Zoning and FEH Stormwater Master Plans Agricultural Assessments Road Inventory and Erosion Risk 24

Tactical Basin Plans and their Implementation Tables: Implementation Roadmaps for Clean Water Restoration Activities

Tactical Plans and Municipalities River Corridor plan priorities- crossings, floodplain restoration, river corridor protection Flood Resilience and Hazard Mitigation Planning Stormwater Infrastructure reports and Master Plans Road erosion inventories and town priorities

Vermont Clean Water Initiative Funding Revenue Source FY16 Budget Various AAFM fees $621,000 Capital Bill Agriculture Best Management Practices (BMPs) Program (statewide) $1.4M State Capital Bill Ecosystem Restoration Grants (statewide) Capital Bill Clean Water and Drinking Water State Revolving Fund (SRF) Match (statewide) Transportation Bill Municipal Mitigation Grants (includes Better Back Roads Grants, statewide) $3.75M ~$1.3M $650,000 DEC Clean Water Permit Fees (statewide) NEW: Clean Water Fund VTrans Stormwater Compliance ~$2.3M $5.3M ~$2.1M

Act 64 and the Clean Water Fund 0.2% increase on property transfer tax for FY16, FY17, FY18 Recommendation by Sector FY16 FY17 Total Administered By Sector Agriculture $670,000 $1,975,000 $2,650,000 Municipal (roads, stormwater) $800,000 $3,200,000 $4,000,000 Municipal Wastewater -- $500,000 $500,000 Natural Resources -- $1,150,000 $1,150,000 All Sectors LIDAR Mapping $430,000 -- $430,000 All Sectors Partner Support $100,000 $1,085,000 $1,185,000 Total Need $2,005,000 $8,395,000 $10,400,000

Tracking Clean Water Activities Statewide Clean Water Investment & Performance Report Stormwater Ag Forests Financial Outcomes Wetlands Clean Water Activities Lakes Social Outcomes Performance Outcomes Wastewater Roads Rivers Environmental Outcomes

Steps for Clean Water Problem Solving: Getting your ducks in a row The Steps Step 0 Step I Step II Step III Step IV Description Definition: What s the problem? Assessment/Planning: What can we do? Design: What should we do? Implementation: Let s do it! Repayment (for loans)

Step 0: Definition What is the problem? Chronic road erosion problems Untreated stormwater runoff Order from ANR: CSOs, Illicit Discharges Poor Water Quality Cost of repairs Financial and technical support Flood risk

Step 1: Assessment/Planning: What can we do? Examples of assessment information Check out Implementation Tables in Tactical Basin Plans Roads: Inventories and erosion risk maps Stormwater: municipality-wide stormwater assessments and mapping River and floodplain health assessments: river corridor planning, geomorphic assessments, culvert assessments

Who can help to Get Started? ANR Basin Planner in your region Local or regional partner Regional planning commission Natural resources conservation district Watershed or lake association Facilities Engineering Division (FED) of ANR Vermont Transportation Agency District Offices Transportation Planners at the Regional Planning Commissions VTrans Better Back Roads Program, Local Roads Program

Clean Waters are Critical Community Assets Promote recreational and tourism Enhance our communities and support property values Allow growth in our downtowns Sustain our working landscape of farms and forests Create jobs through investments in infrastructure and green jobs

Questions? Vermont Clean Water Initiative Website: cleanwater.vermont.gov/ Clean Water Initiative: Kari Dolan kari.dolan@vermont.gov Monitoring, Assessment & Planning: Neil Kamman neil.kamman@vermont.gov Water Infrastructure Financing: Bryan Redmond bryan.redmond@vermont.gov Stormwater Management: Padraic Monks padraic.monks@vermont.gov Municipal Roads: Jim Ryan jim.ryan@vermont.gov Drinking Water: Jim Siriano Jim.siriano@vermont.gov Agriculture: Marli Rupe marli.rupe@vermont.gov