The URL can be used to link to this page

Home My WebLink About2005 03 28 Consent 208 Total Maximum Daily Load (TMDL) Program Overview COMMISSION AGENDA ITEM 208 CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR March 28, 2005 Meeting ./1/ MGR. ~ !DEPT I Authorization REQUEST: Public Works Department - Stormwater Division updating the City Commission about the Total Maximum Daily Load (TMDL) Program, a federally required water quality program administered by the Florida Department of Environmental Protection (DEP) under the Florida Watershed Restoration Act and authorize the Mayor to send a letter to our legislative delegation making them aware of the need for state and federal funding. PURPOSE: The purpose of this agenda item is to provide the City Commission a brief overview of the development and implementation of the TMDL Program and the potential impacts. CONSIDERATION: 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" (e.g., Lake Jesup). A TMDL is the maximum amount given pollutant that a water body can absorb and still maintain its designated uses (e.g., drinking, fishing, swimming, shellfish harvesting). A working group has been formed in the development, allocation and implementation of TMDLs. The working group is comprised of representatives from both the public, spearheaded by both Department of Environmental Protection (DEP) and St. Johns River Water Management District (SJRWMD) and private sectors. The City stormwater division has been a part of the working group and actively participating in its regular meetings. 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. The Middle St. Johns River Basin projected final development and implementation of the TMDLs is scheduled within the next 2 - 3 years. At that time, the affected government agencies, businesses, . Guidance For Local Officials Are You Ready? Cooperatively produced by Florida Stormwater Association Florida Department of Environmental Protection What is the TMDL Program? The Total Maximum Daily Load (TMDL) Program is a federally required water quality program administered by the Florida Department of Environmental Protection (DEP) under the Florida Watershed Restoration Act (Section 403.067, Florida Statutes). Through the program, DEP works closely with affected stakeholders to determine how to reduce targeted pollutant loadings to restore the legally designated uses (e.g., drinking water, fishing, swimming, shellfish harvesting) of the polluted waters. What are TMDLs? A TMDL is the maximum amount of a pollutant that a waterbody can receive and maintain its designated uses. A given waterbody may have several TMDLs - one for each targeted pollutant (phosphorus, coliforms, nutrients, etc.). Under the Florida Watershed Restora- tion Act, TMDLs must be developed for all waters that do not meet their desig- nated uses due to human impacts and, consequently, are defined as "impaired." The primary sources of these human- induced impairments are pollutants in urban stormwater, agricultural runoff, and permitted industrial and municipal wastewater treatment plants. A TMDL, or a waterbody's assimilative capacity, is scientifically derived, typically using existing monitoring data and water quality models or empirical relationships between the pollutant load and the waterbody's response. The final TMDL provides a margin of safety that accounts for uncertainty in the analysis. What distinguishes the TMDL Program from other state water quality programs? The issues that the TMDL Program addresses are not new. Nonpoint sources, such as stormwater and agricultural runoff, and point sources, such as industrial wastewater outfalls, have created water quality concerns in Florida for decades and have been addressed in various ways. However, the TMDL Program does bring something new to existing local, regional, and state water quality protection efforts by establishing water quality targets, or actual pollutant load limits, that indicate how much of a pollutant a lake, river, stream, or estuary can absorb and maintain its designated use. Before establishing these targets, DEP identifies the location, nature, and degree of impairments; the pollutants of concern; and, as much as possible, the pollutant sources. In implementing the TMDL Program, DEP is taking an open, broad-based approach to local stakeholder involve- ment, a watershed management approach. The intent is to build on and strengthen local efforts to protect and restore water quality. The TMDL Program will add emphasis to stormwater management. What are the federal and state laws governing TMDLs? Section 303(d) of the Clean Water Act (33 United States Code) requires states to identify impaired waters and the pollutants causing the water quality impairment. The state must then establish a TMDL for each identified pollutant. Though these federal requirements were enacted in the early 1970's, they were not implemented in most states until citizen and environmental groups filed a number of successful lawsuits in the mid-1990's. In Florida, DEP prepared a planning list in 1998 of potentially impaired waters (the 1998 303(d) list) and submitted the list to the U.S. Environmental Protection Agency (EPA). In 1999, the settlement of a lawsuit in Florida against the EPA by EarthJustice resulted in a consent decree that established a thirteen-year sched- ule for EPA to complete TMDLs for certain waters on Florida's planning list. Later in 1999, the Florida Legislature passed the Florida Watershed Restora- tion Act, establishing the framework and requirements for implementing a state TMDL Program. The Act directed DEP to adopt by rule (the "Impaired Surface Waters Rule") a scientific methodology to determine whether a waterbody is indeed "impaired," and required DEP to adopt TMDLs by rule. How and when are TMDLs established? TMDLs are developed, allocated and implemented through a watershed management approach (managing water resources within their natural boundaries) that addresses the state's 52 major hydrologic basins in five groups. Each group will undergo a cycle of five phases on a rotating schedule: Basins by Group and DEP District Office Phase 1: Preliminary Evaluation of Water Quality Phase 2: Strategic Monitoring and Assessment to Verify Water Quality Impairments Phase 3: Development and Adoption dfTMDLs for Waters Verified as Impaired Phase 4: Development of a Basin Management Action Plan to Achieve TMDLs Phase 5: Implementation of the Plan and Monitoring of Results DEP Group 1 Group 2 Group 3 Group 4 Group 5 District Basins Basins Basins Basins Basins NW Ochlockonee- Apalachicola- Choctawhatchee Pensacola Bay Perdido Bay S1. Marlos Chipola S1. Andrews Bay NE Suwannee Lower S1. Johns Nassau- Upper East S1. Marys Coast Central Ocklawaha Middle S1. Johns Upper'S1. Johns Kissimmee Indian River Lagoon SW Tampa Bay Tampa Bay Sarasota Bat Withlacoochee Springs Coast Tributaries Peace Myak a S Everglades Charlotte Caloosahatchee Fisheating Florida Keys West Coast Harbor Creek Lake S1. Lucie- Lake Worth Southeast Coast Everglades SE Okeechobee Loxahatchee Lagoon- Buscayne Bay Palm Beach Coast A consent decree established the first formal TMDLs in Florida in 1999. Solutions will involve short and long term projects. This wet detention pond provides both physical and biological treatment ofstorrmuater Basin Rotation Schedule For TMDL Development and Implementation ~ Group 2 Group 3 Group 4 Group 5 Phase 3 Phase 4 Phase 5 Phase 1 Phase 2 Phase 3 Phase 4 ...... Phase 2 Phase 3 Phase 2 Phase 1 2nd Five-year Cycle - Medium Priority Water 1 st Five-year Cycle - High Priority Water What about TMDLs established by EPA? . There are a number ofTMDLs that EPA will be proposing in Florida in order to satisfy the consent decree with EarthJustice. The legal status of EPA- generated TMDLs is not yet clear, as neither the Florida Watershed Restora- tion Act nor the consent decree address their implementation. How are TMDLs implemented? Two key steps in implementingTMDLs in a basin are: 1. Allocating detailed pollutant load reductions, based on the initial alloca- tions in the TMDL. To reduce pollutant loadings to achieve a TMDL, each point and nonpoint source discharging a pollutant of concern must be reduced in an equitable manner. TMDLs include an "initial allocation" of pollutant load reductions between point and nonpoint sources. In most cases, this initial allocation will need to be broken down into more detail, to assign responsibility for specific reductions. Future growth must be considered in the allocation process. 2. Developing a basin management action plan (B-MAP) that reflects the detailed allocations and contains short- term and long-term projects and activities to achieve the applicable TMDLs in the basin, along with a strategy for monitoring, follow-up, and J..z:-:E::-}=:"-'-~ " -. ___~___u..___. {.,'1. ~~~~tr:;;, ~:~~./- Northwest ~. ."".. ~!, . r. H....'...r..................,.. ~ Basin Groups . Group 1 D Group 2 LJ Group 3 [ill Group 4 III Group 5 - DEP district boundary County line plan revision. Implementing corrective actions and achievingTMDLs may take many years. During Phases 3 and 4 of the watershed management cycle, DEP and basin stakeholders will jointly develop strategies to implement the reductions assigned in the allocation process. These will be expressed in the B-MAP The development ofthe B-MAP is an opportunity for affected stakeholders to cooperate, coordinate, and negotiate on the best and most cost-effective ways to achieve a TMDL. A wide variety of approaches may be used. An important element of a B-MAP will be the identification of funds and potential funding mechanisms to achieve load reductions. State and federal funds may be available to finance some projects and activities. Many of the management actions addressed in the B-MAP may come from existing plans and projects. The load reductions reasonably expected from these existing or planned efforts may be credited toward the reductions needed to meet the applicable TMDL. Stake- holders will then identify additional projects and activities to complete the needed reductions. In some basins, a B- MAP may incorporate or be incorpo- rated into an existing watershed management plan. The costs to reduce pollutant loadings are expected to be high. The biggest fiscal impacts involve large retrofit programs within urbanized areas What are the implications of the TMDL Program for local governments? Costs. The greatest impact to local govern- ments likely will stem from the sizable costs of implementing projects and activities to achieve TMDLs. Stormwater regulations to this point have largely addressed future develop- ment. Reducing pollutant loadings to meet TMDLs may require retrofitting stormwater and wastewater systems. According to several studies, fiscal impacts on many city and county governments will generally range from $7,500 to more than $12,000 per acre to build stormwater treatment facilities to retrofit urbanized areas. The Florida Stormwater Association estimates that the cumulative retrofit costs would be between $1 billion and $5 billion, and probably much higher, if local governments were to achieve the current standards for future develop- ment in 90 percent of urban areas in Florida. These estimates do not consider the need to address discharges from wastewater treatment plants, septic tank systems, or agricultural lands. 13enefits. In addition to improving water quality, the TMDL Program will: . Produce better monitoring and more effective use of existing and new water quality information. . Provide restoration targets and help define responsibility for management actions. . Build on and strengthen existing restoration efforts oflocal govern- ments, water management districts, established coalitions, DEp, and others. . Focus funding and other resources on priority water resource problems. . Trigger improvements in stormwater management by local governments, industry, agriculture, private develop- ments, businesses, and others. . Stimulate new approaches to land use design and development that mini- mize associated water resource problems. . Help establish better working relation- ships among citizens and public and private organizations that deal with water quality issues. How and when do I get involved? TMDLs and watershed restoration are part of state and federal water policy. They will significantly affect local government budgets and the ways in which water quality programs operate in Florida. Although Florida is ahead of the stormwater management game com- pared to most other states, achieving TMDLs will be an expensive endeavor. City and county officials need to develop local strategies to address TMDLs. To participate in the TMDL Program successfully, local officials should take the following steps, in partnership with other stakeholders and DEP: 1. Engage Learn the status of the waterbodies in your jurisdiction (Le., are they poten- tially impaired, verified as impaired, or not classified either way?) and where they fall in the basin rotation schedule. Have your staff coordinate with DEP technical staff to ensure that your local water quality data is considered in assessing whether waters in your area are impaired. Review and comment on planning lists and draft verified lists of potentially impaired waters and draft TMDLs for waters in your basin. 2. Initiate and Participate Your leadership will ensure that the TMDL Program addresses local issues and concerns. Work with DEP to determine how stakeholders in your community can be involved most effectively in the TMDL Program and to create a stakeholder group. Educate stakeholders in your communi- ties about TMDLs and how they might be addressed. Make them aware of opportunities to provide input during the development ofTMDLs, allocations, and basin management action plans. Establish working committees of community leaders and interest groups so that their input can be obtained throughout the five-phase process. 1 3. Document Activities Work with DEP to compile information on the water quality improvement ~.,. The basinwide approach will encourage partnerships between stakeholders to achieve water quality goals. projects and activities your jurisdiction has underway or are planned that may help achieve TMDLs. This information will be used in determining what load reductions can be expected from current efforts and what further reductions are needed. 4. Assess Options Evaluate your community's options for further improving water quality. Through the development of the B-MAP, stakeholders will help each other determine cost-effective ways to achieve TMDLs. 5. Develop Financing Alternatives Begin to think about long-term strate- gies for financingTMDL costs. What are appropriate sources of revenue to fund TMDLs? Have you established a stormwater utility? Communities with active storm water management and water quality monitoring programs in place are better positioned to deal with the 1MDL requirements. When? NOW! Early involvement will give local government a strong voice in determin- ing the pollutant load reduction strate- gies proposed in Basin Management Action Plans, ensuring consideration of local goals and constraints. If you are already part of a TMDL stakeholder process in your basin, you may still have questions or need additional assistance. If you are not aware of any stakeholder activities, you can check with DEP to see what the status of the TMD L process is in your basin. How are stakeholders being involved? DEP's approach to stakeholder involve- ment is to work through existing forums and processes where practicable, and initiate new processes where necessary, to build consensus on how TMDLs should be achieved. Stakeholders have a crucial role in determining detailed pollutant load reduction allocations and developing and implementing B-MAPs. Ideally, the TMDL implementation process will be driven at the local level, with DEP's involvement and guidance. In step with the basin rotation schedule, DEP is building on or initiating stake- holder processes around the state in areas such as the Lower St. Johns River Basin, the Upper Ocklawaha River Basin, the Orange Creek Basin, the Tampa Bay Basin and its tributaries, the St. Lucie- Loxahatchee River Basin, the Ochlockonee-St. Marks River Basin and others. The approach to stakeholder involvement in each basin is based on the characteristics and needs of the area. The approach to stakeholder involvement in each basin is based on the characteristics and needs of the area. Stakeholders have a critical role in determ.ining the pollutant load reduction allocations within their basin. DEP Contacts The following section lists some DEP contacts and internet sites that will provide you with or direct you to the information you need. Administrative Staff Eric Livingston, Bureau Chief, Water Resource Management - (850) 245-8430 Daryll Joyner, TMDL Program Administrator - (850) 245-8431 Jan Mandrup-Poulsen, Watershed Assessment Section Administrator - (850) 245-8448 Fred Calder, Watershed Coordination and Planning Section Administrator - (850) 245-8555 Basin Coordinators Southwest Florida and the Everglades Ecosystem Pat Fricano - (850) 245-8559 pat. fricano@dep.state.fl.us Southeast Florida Dan Apt - (305) 795-3486 daniel. apt@dep.state.fl.us Northwest and Central Florida, Mary Paulic - (850) 245-8560 mary. paulic@dep.state.fl.us Northeast Florida and Suwannee- Ochlockonee-St. Marks Basins, John Abendroth - (850) 245-8557 john.abendroth@dep.state.fl.us West Central Florida and Tampa Bay Region, Tom Singleton - (850) 245-8561 thomas.singleton@dep.state.fl.us District Office Contacts DEP Northwest District Office, Barbara Ruth - (850) 595-8300, ext. 1115 barbara.ruth@dep.state.fl.us DEP Northeast District Office, Jim Maher - (904) 807 -3352 jim.maher@dep.state.fl.us DEP Central District Office, Chris Ferraro - (407) 894 -7555 chris. ferraro@d ep. state. fl. us DEP Southwest District Office, Cece Mckiernan - (813)744-6100 cece.mckiernan@dep.state.fl.us DEP Southeast District Office. Jose Calas - (561) 681-6704 jose. calas@dep.state.11.us DEP South District Office, Karen Bickford - (941) 575-5814 karen. bickford@dep.state.f1.us TMDL Information u.S. Environmental Protection Agency www.epa.gov/owow/tmdl/policy.html Florida Department of Environmental Protection www.dep.state.fl.us/water / tmdl Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy www.floridaagwaterpolicy.com Florida Stormwater Association www.florida-stormwater.org Managing the Environmental Impacts of Growth and Development Low Impact Development Center (Beltsville, Maryland) www.lowimpactdevelopment.org Smart Growth Network www.smartgrowth.org National Small Flows Clearinghouse www.nesc.wvu.edu/nsfc Florida Yards and Neighborhoods (Handbook) http://hort.ifas.ufl.edu/fyn/handbook.pdf Nonpoint Education for Municipal Officials www.nemo.uconn.edu EPA Information on Low- Impact Development www.epa.gov/owow/nps/lid Eight Tools of Watershed Protection in Developing Areas (EPA Watershed Academy) www.epa.gov/watertrain.protection/ tl.html Model Ordinances to Protect Local Resources www.epa.gov/owow/nps/ordinance EPA Programs and Resources for Smart Growth www.epa.gov/livability Information on Funding Sources Catalog of Federal Funding Sources for Watershed Protection w\ivw.epa.gov I owow Iwatershedl wacademy I fund.html Florida Stormwater Association wv..rw. flo rida - stormwater.org This manual was co-published by: Florida Stormwater Association PO Box 867 Tallahassee, FL 32302 (888) 221-3124 www.florida-stormwater.org Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, FL 32399-2400 (850) 245-8449 www.dep.state.fl.us For additional copies of this document, please contact the Florida Stormwater Association. A special thanks to the following organizations for providing photos for this publication: Michael Holtkamp, FE., Tampa Bay Southwest Florida Water Management District Andy Tilton, Johnson Engineering Thomas Scott, Ph.D., P.G., Assistant State Geologist, Department of Environmental Protection Karen L. Vallar, Public Works, City of Lakeland Mike Revill, Hancor Inc. Jeff Hite, Rinker Materials Hydro Conduit