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HomeMy WebLinkAbout2006 05 22 Informational 502 Lake Jesup TMDL COMMISSION AGENDA ITEM 502 CONSENT INFORMATIONAL X PUBLIC HEARING REGULAR May 22, 2006 Meeting MGR/DEPT Authorization REQUEST: Public Works Department - Stormwater Division providing an update to the City Commission about the Total Maximum Daily Load (TMDL) Program for Lake Jesup, a federally required water quality program administered by the Florida Department of Environmental Protection (FDEP) under the Florida Watershed Restoration Act PURPOSE: The purpose of this agenda item is to provide the City Commission an update on the current status of the development and implementation of the TMDL Program for Lake Jesup. TMDL SUMMARY: . Under the federal Clean Water Act Section 303 (d) and the Florida Water Restoration Act, TMDLs must be developed for all waters that are not meeting their designated uses and, consequently, are defined as "impaired waters." A TMDL is the maximum amount of a given pollutant that a water body can absorb and still meet water quality standards, including applicable water quality criteria and its designated uses (e.g. drinking, fishing, swimming). TMDLs provide important pollution reduction goals that will guide water quality restoration activities for many years to come. . The City of Winter Springs within the Seminole County area is grouped under the Middle St. Johns River Basin, which includes Lake Jesup and its contributing tributaries. FDEP conducted investigations, monitoring, and water quality assessments of the Middle St. Johns River Basin and verified that Lake Jesup is impaired (polluted) for nutrients (nitrogen and phosphorous) and un-ionized ammonia criteria. Lake Jesup was one of the water bodies included on the Verified List of Impaired Waters for the Middle S1. Johns River Basin that was adopted by Secretarial Order on May 27, 2004. Refer to Exhibit 1 for a map of the Lake Jesup watershed with a color breakdown of the various land uses in the basin. May 22, 2006 Informational Item 502 Page 2 of 11 TMDL PROCESS AND CURRENT STATUS: The development and implementation of the TMDL program is a five-phase process being guided by the Florida Department of Environmental Protection (FDEP), with the phases, current status, and estimated schedule for Lake Jesup as follows: o Phase 1 - Preliminary evaluation of water quality - COMPLETE o Phase 2 - Strategic monitoring and assessment - verification of water quality impairments - COMPLETE o Phase 3 - Development and adoption of TMDLs - FDEP has adopted the TMDLs for Lake Jesup; regulatory approvals are pending o Phase 4 - Development of a Basin Management Action Plan (BMAP) to achieve the TMDL - Expected to start within the next several months; completion in late 2007 o Phase 5 - Implementation of the BMAP and monitoring of results - 2007-08 SUMMARY OF TMDLs ADOPTED FOR LAKE JESUP: In April 2006, FDEP formally adopted the TMDLs and their allocations for Lake Jesup. The TMDLs for Lake Jesup are set for Total Nitrogen (TN) and Total Phosphorus (TP). The TMDLs for these two nutrients were developed using a watershed loading model developed by PBS&J and the Bathtub Eutrophication Model to determine the nutrient loading that would meet the applicable water quality criteria for nutrients and un-ionized ammonia. The final step in establishing the TMDL is approval from the United States Environmental Protection Agency (USEP A). . The Total Maximum Daily Load for Total Nitrogen (TN) is 247.3 tons/year. The TN TMDL will require a 50 percent reduction of current Total Nitrogen loading. . The Total Maximum Daily Load for Total Phosphorus (TP) is 19.0 tons/year. The TP TMDL will require a 34 percent reduction of current Total Phosphorous loading. SOURCES OF NITROGEN AND PHOSPHOROUS DISCHARGES INTO LAKE JESUP: Sources of nutrient discharges are generally classified as "point sources" or "nonpoint sources." The term "point sources" generally means discharges to surface waters that typically have a continuous flow via a discernable, confined, and discrete conveyance, such as a pipe. Domestic and industrial wastewater treatment facilities (WWTFs) are examples of traditional point sources. In contrast, the term "nonpoint sources" is used to describe intermittent, rainfall-driven, diffuse sources of pollution associated with everyday human activities, including runoff from urban land uses, agriculture, silviculture, and mining; discharges from failing septic systems; and atmospheric deposition. For the Lake Jesup Basin, all pollutant sources have been classified as "nonpoint sources" at this time. May 22, 2006 Informational Item 502 Page 3 of 11 Based on FDEP's study of the Lake Jesup watershed, the nonpoint sources responsible for the high nitrogen and phosphorous loadings in Lake Jesup consist of the following: o Stormwater surface runoff from the Lake Jesup watershed o Background nitrogen and phosphorous loadings through baseflow from the surficial aquifer (groundwater) o Septic tank loadings (see Exhibit 5 for septic tank areas in the Lake Jesup Basin) o Artesian input through springs and upward lake bottom leakage from the Floridan aquifer o Atmospheric deposition directly onto the surface of Lake Jesup (including wet and dry deposition) o S1. Johns River inflow o Nitrogen fixation (the natural conversion of gaseous nitrogen in the atmosphere into chemical compounds, such as ammonia) A breakdown of the loading sources by nutrient and percentage responsibility is shown below in Table 1. Table 1- Lake Jesup Nutrient Loading Sources Total Nitrogen (TN) Total Phosphorous (TP) Source (% based on average (% based on average tons/year) tons/year) Surface runoff 23% 48% Baseflow (background) 2% 12% Septic tanks 5% 11% Artesian input 1% 2% Atmospheric deposition 7% 13% S1. Johns River inflow 18% 14% Nitrogen fixation 45% -- Total 100% 100% Table 2 below shows the approximate required percentage loading reduction that can be expected to be required from each source in order to meet the TMDL requirements: Table 2 - Approximate Required Nutrient Loading Reductions to Meet TMDL Total Nitrogen (TN) Total Phosphorous (TP) Source % Loading Reduction to % Loading Reduction to Meet TMDL Meet TMDL Surface runoff 23% 53% Baseflow (background) no reduction no reduction Septic tanks 30% 61% Artesian input no reduction no reduction Atmospheric deposition no reduction no reduction S1. Johns River inflow 31% 35% Nitrogen fixation 50% -- May 22, 2006 Infonnational Item 502 Page 4 of 11 Exhibit 2 attached shows the land areas in the Lake Jesup watershed that are covered by stormwater management systems considered to be "Best Management Practices" (BMPs). As can be seen in Exhibit 2, much of Winter Springs is already covered by BMPs, whereas some of the older developed areas in the basin, such as in Orlando and Winter Park, do not have as much BMP coverage. Exhibits 3 and 4 attached show a breakdown of the nitrogen and phosphorous loadings by land location within the Lake Jesup watershed. When Exhibit 2 is compared to Exhibits 3 and 4, it can be seen that the areas covered by BMPs (Exhibit 2) generally correspond to the areas contributing lower nitrogen and phosphorous loadings (Exhibits 3 and 4, respectively). NEXT STEP IN THE TMDL PROCESS - BASIN MANAGEMENT ACTION PLAN: Following the adoption of the TMDLs by rule, the next step in the TMDL process is to develop an implementation plan for the TMDL, referred to as the Basin Management Action Plan (BMAP). The BMAP is a document that will be developed over the next two years in cooperation with all local stakeholders in the Lake Jesup watershed, including cities, counties, utilities, state agencies, the water management district, environmental groups, and others. Through the BMAP process, the local stakeholders will attempt to reach consensus on detailed allocations and on how the previously described nutrient loading reductions will be accomplished. The BMAP will include, among other things: · Appropriate load reduction allocations among the affected parties · A description of the load reduction activities to be undertaken, including structural projects · Nonstructural BMPs, and public education and outreach · A description of further research, data collection, or source identification needed in order to achieve the TMDL . Timetables for implementation . Confirmed and potential funding mechanisms . Any applicable signed agreement(s) . Local ordinances defining actions to be taken or prohibited · Any applicable local water quality standards, permits, or load limitation agreements Milestones for implementation and water quality improvement · Implementation tracking, water quality monitoring, and follow-up measures An assessment of progress toward the BMAP milestones will be conducted every five years, and revisions to the plan will be made as appropriate, in cooperation with the basin stakeholders. One important aspect of the BMAP is that it must identify "feasible funding strategies" as stated in the legislation (SB 444). In addition, the BMAP is required to equitably allocate the required pollutant loading reductions within the watershed. The BMAP may also provide for credits to jurisdictions or dischargers that have already implemented management strategies to reduce pollutant loadings. May 22, 2006 Informational Item 502 Page 5 of 11 CITY INVOLVEMENT IN THE TMDL AND BMAP PROCESS: The City Stormwater Division has actively participated in the regular meetings of the development of the TMDL with FDEP, St. Johns River Water Management District (SJRWMD), and other government agencies and private organizations. The City has been also working with Seminole County and the other cities within the county as a group in anticipation to a possible partnership to the TMDL implementation. Seminole County has done various basin studies, researches and monitoring projects as a proactive approach to the TMDLs, which benefit the cities within the county including the City of Winter Springs. The City has also been proactively monitoring the TMDL legislative process and actions taken by government agencies in other basins for guidelines and possible recourse. The City Stormwater Division will remain actively involved throughout the BMAP process. FDEP recommends that one or more elected officials from each city and/or county participate in the BMAP process. POTENTIAL CITY IMPACTS: As noted previously, the Basin Management Action Plan (BMAP) process will attempt to reach consensus on detailed nutrient loading allocations and on how the required nutrient loading reductions will be accomplished. Some of the possible results and/or actions that the BMAP will require for the City of Winter Springs could include: · City financial participation in regional stormwater studies and treatment projects · Additional water quality monitoring on City stormwater facilities · Partnering with other cities to develop implementation strategies and to identify specific projects and funding sources · Modification of existing stormwater facilities to provide more effective pollutant loading reductions · Retrofitting of developed lands to provide stormwater facilities that meet current and/or projected water quality standards · Higher stormwater treatment standards for new land development projects (City Code revisions) FUNDING: Statewide cost estimates for the TMDL program continue to be very high. While the BMAP process is required to identify feasible funding sources, it appears from early cost estimates that the full cost of the TMDL program would exceed the available funding using existing revenue sources for many cities and counties. Recent cost estimates prepared by FDEP's consultants indicate a statewide capital cost of approximately $3.49 billion to address TMDLs for urban runoff and septic tank pollution. A survey conducted by the Florida Stormwater Association (FSA) indicates the statewide capital costs to local governments for the TMDL program will be between $1 and $5 billion. On a per acre basis, the cost to retrofit developed lands that are not covered by stormwater systems considered to be "Best Management Practices" (BMPs) ranges from $5,000 to $15,000 per acre. Winter Springs has approximately 8,500 acres, of which about 6,000 acres are May 22, 2006 Informational Item 502 Page 6 of 11 developed. With approximately 4,000 developed acres already covered by BMPs, Winter Springs has approximately 2,000 developed acres that may need to be retrofitted with BMPs. With a 100% retrofit rate, the estimated cost to retrofit these 2,000 acres ranges from $10.0 million to $30.0 million. All new developments are required by law to provide BMPs, although new developments could be constructed with higher stormwater treatment standards to compensate for existing developments that do not have acceptable BMPs. Other cost estimates have used a per capita basis. A recent cost estimate prepared by the City of Tallahassee resulted in a total TMDL cost of $180 per capita. With a population of approximately 33,000, the TMDL program cost for the City of Winter Springs using the $180 per capita methodology would be approximately $5.8 million. While there are numerous uncertainties and arguments concerning any methodology used to estimate cost, it should be clear that the TMDL program will have a multi-billion dollar impact on Florida local governments at a time when there are relatively limited sources of new state or federal revenues to assist in program implementation. The success of the TMDL program could be jeopardized unless sufficient funding is provided, or local governments are afforded greater flexibility in implementing the program. RECOMMENDATION: None ATTACHMENTS: Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4 - Exhibit 5 - Lake Jesup Watershed with Principal Land Uses Distribution of Stormwater "Best Management Practices" (BMPs) Total Nitrogen (TN) Loading Map Total Phosphorous (TP) Loading Map Septic Tank Area Map COMMISSION ACTION May 22, 2006 Informational Item 502 Page 7 of 11 Exhibit 1- Lake Jesup Watershed with Principal Land Uses 13,000 Landuse Figure 4.1. Principal land uses in the Lake Jesup watershed May 22, 2006 Informational Item 502 Page 8 of 11 Exhibit 2 - Distribution of Stormwater "Best Management Practices" (BMPs) in the Lake Jesup Watershed BMP ID May 22, 2006 Informational Item 502 Page 9 of 11 Exhibit 3 - Total Nitrogen (TN) Loadings in the Lake Jesup Basin May 22, 2006 Informational Item 502 Page 10 of 11 Exhibit 4 - Total Phosphorous (TP) Loadings in the Lake Jesup Basin May 22, 2006 Informational Item 502 Page 11 of 11 Exhibit 5 - Septic Tank Areas in the Lake Jesup Watershed Planning Area Area with septic tanks D 200 meters buffer zone Figure 4.7. Areas with septic tanks, areas within 200 meters of any receiving waters that discharge to Lake .Jesup, and planning areas