Steven R Johnson Steven R. Johnson Principal Counsel Office of the - PowerPoint PPT Presentation

State Environmental Management of Growth and f h d Development for the Bay Development for the Bay Steven R Johnson Steven R. Johnson Principal Counsel Office of the Attorney General Maryland Department of the Environment Maryland Department of the Environment

Phase II Watershed Implementation Plan p • December 31 2010 EPA set limits on nutrients and • December 31, 2010 EPA set limits on nutrients and sediment, revised in August 2011 • Total nitrogen load for Maryland of 41.17 million pounds per year by 2025 • Will require a reduction of 22% over 2010 loads • Phase II calls for 38% of reduction to come from septics and 20% reduction from stormwater

Strategies to Reduce Loads from N New Development D l t • NPDES Permit for Discharges of Stormwater from • NPDES Permit for Discharges of Stormwater from Construction Activity - Stormwater Management Plans g - Erosion and Sediment Control • Senate Bill 236 (“Septics Bill”) • BAT Regulation • Accounting for Growth A ti f G th

General and Individual Permit for Discharges from Construction Activity • Required for any project disturbing one acre or more • Individual permit required if disturb over 150 acres or discharge to listed waters • Must have approved erosion and sediment control plan from local soil conservation district • Must have approved storm water management plan from local approving authority local approving authority

Stormwater Management • Stormwater Management Act of 2007 requires implementation of ESD to the MEP to minimize load p increases from development • ESD: “using small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the y g impact of land development on water resources” • MEP: “designing stormwater management systems so that all reasonable opportunities for using ESD planning techniques and treatment practices are exhausted and, only techniques and treatment practices are exhausted and, only where absolutely necessary, a structural BMP is implemented”

Stormwater Management Meeting the MEP Standard • Minimize impervious Area ESD to the MEP • Maintain Natural Drainage Woods in Good Woods in Good • Use Non Structural Practices • Use Non-Structural Practices Condition and Alternative Surfaces • Treatment at the Source Using Micro scale BMP’s Using Micro-scale BMP s

Stormwater Management Design Manual Revisions: Chapter 5, ESD Practices • Nonstructural Practices – Rooftop and non-rooftop disconnections – Sheetflow to buffers Sh tfl t b ff • Alternative Surfaces – Green Roofs – Permeable Pavements Permeable Pavements • Micro-Scale Practices – Rainwater Harvesting – Submerged Gravel Wetlands – Landscape Infiltration L d I filt ti – Infiltration Berms – Dry Wells – Micro-Bio-retention o o o – Swales – Enhanced Filters

Rooftop/Non-rooftop Disconnections

Alternative Surfaces

Green Roof Green Roof

Micro-Scale Practices

Residential Raingardens

Open Channels

Small Scale Filter

Micro-bioretention

Stormwater Redevelopment Policy Proposed Redevelopment Project shall: • Reduce existing impervious area by 50% within LOD; • Implement ESD to the MEP to provide water quality treatment for 50% of the existing impervious area within the LOD; or • Use a combination of a and b ; or • Alternative stormwater management measures, such as: - Structural stormwater BMP - Off-site BMP Off site BMP - Any combination of all of the above

SB 236: Sustainable Growth and Agricultural Preservation Act of 2012 f 20 2 • Approved in 2012 Legislative Session d i 20 2 i l i S i • Applies to residential subdivisions statewide pp • Defines growth tiers for local jurisdictions to delineate that determine where major and minor subdivisions may that determine where major and minor subdivisions may occur and what type of sewer will serve them • Directs how major and minor subdivisions may be defined • Shared facility requirements

SB 236 Growth Tiers • Tier I areas currently served by sewerage systems • Tier II areas are planned to be served by sewerage • Tier II areas are planned to be served by sewerage systems • Tier III areas are not planned to be served by sewerage • Tier III areas are not planned to be served by sewerage systems, are not predominantly agricultural or forest land, and are where growth on septic systems can occur • Tier IV areas are planned for preservation and conservation and prohibit major subdivisions

SB 236 Growth Restrictions Growth Restrictions • Local jurisdictions have to map areas by end of year or no major subdivisions where no public sewer j bdi i i h bli • Minor subdivisions permitted in Tier II areas with interim p on-site septic systems until sewer is available. • Major subdivisions on individual on-site septic systems Major subdivisions on individual on site septic systems permitted only in Tier III areas • Only minor subdivisions permitted in Tier IV areas with • Only minor subdivisions permitted in Tier IV areas with limited exceptions

New BAT Regulations g • Effective on January 1, 2013 (septic systems with a y , ( p y construction permit issued prior to January 1, 2013 do not require BAT) • Requires Best Available Technology for Removal of Nitrogen (BAT) on septic systems in the following circumstances: circumstances: – New construction in either the Chesapeake Bay or Atlantic Coastal Bays watersheds. – New construction in any watershed of a nitrogen impaired N t ti i t h d f it i i d body of water – A replacement system to serve a property in either Ch Chesapeake Bay or Atlantic Coastal Bays watersheds k B Atl ti C t l B t h d

New BAT Regulations Operation and Maintenance Requirements • New requirements governing maintenance and operation of BAT systems to ensure proper operation for life of system: - Reporting requirements for BAT installations and O&M - BAT installers must be certified - O&M installers must be certified

Impacts of SB 236 and BAT Regulation Impacts of SB 236 and BAT Regulation • MDP forecasts 50,000 fewer septic systems over next 25 years • Equates to 1,160,000 pounds less of N per year to the q , , p p y environment and 493,000 pounds less per year to surface water • 55,000 new septic systems forecast over 25 years outside critical area • With BAT Reg. that equates to 649,275 pounds less N per year to the environment and 246,725 pounds less to surface waters

Accounting for Growth • Restoring Bay requires not only reductions in loads but holding line on new pollution on new pollution • WIP requires that new or increased loads be offset by reductions elsewhere • Maryland will account for loads from new development in two ways: Maryland will account for loads from new development in two ways: – Part of TMDL allocated to wastewater treatment plants has been reserved for growth – existing ENR Cap Strategy allows flow increases at major WWTP to design capacity increases at major WWTP to design capacity. WLA allocation WLA allocation based on design flow – Establish by end of 2013 a strategy to offset new loads from development (septic loads wastewater over the nutrient cap development (septic loads, wastewater over the nutrient cap, stormwater, air deposition)

Accounting for Growth Trading of credits Trading of credits • Trading of nutrient credits will be allowed consistent with trading policy/regulations • Phase I of Trading Policy, Maryland Policy for Nutrient Cap Management and Trading in Maryland’s Chesapeake Bay Watershed (Final, April, 2008) – trading between point sources • Phase II of Trading Policy, Guidelines for the Generation of Agricultural Nonpoint (Draft, April 2008) – point source to nonpoint source. • The sale and purchase of nutrient credits to offset post-development loads will have to comply with all trading requirements in addition to specific requirements of the policy for offsetting new load from growth. • Trading geographies more limited under Accounting for Growth Policy. • Fee-in-lieu option

Accounting for Growth Offsetting Loads • Must offset entire post-development load/Ruled to account the load from forest • Must offset nitrogen and phosphorus loads • Loads must be permanently offset • Loads can be offset by generating offsets on-site purchasing Loads can be offset by generating offsets on site, purchasing credits from point sources or possibly through brokers or aggregators • No offset required for “redevelopment” that satisfies stormwater regulations

Accounting for Growth Calculating Post-Development Loads • Direct load - Wastewater - Discharging to groundwater from conventional septic or BAT systems - Stormwater - Using BAT Model loading rates • Indirect load (residential only)/Revised to eliminate this • Indirect load (residential only)/Revised to eliminate this - Mobile emissions - Atmospheric deposition - Based on vehicle miles travelled B d hi l il t ll d

Accounting for Growth On-site Wastewater Systems Type N (EOS) (lbs/year 1 ) (lbs/year ) Conventional septic system p y 9.86 BAT system 4.93 1 Per Household or Equivalent Dwelling Unit