MAINE STORMWATER CONFERENCE
October 24, 2017
LongCreekWatershed
LongCreekIdentifiedasFailingtoMeetWaterQualityStandardsby1998
• 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.
MaineDEPAssessment–December2002
• 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
CleanWaterAct–“ResidualDesignationAuthority”
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.
CodeofFederalRegulations40 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.
ConservationLawFoundationPetitiontoVermontANR– June2003• 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.
LongCreekPlanningProject‐August2007
• “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.”
U.S.EPAAnalysis–December2007
• 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 . . .”
ConservationLawFoundationPetition‐March6,2008
• 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.
EPAPreliminaryDetermination‐December3,2008
• 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 acrein the Long Creek watershed.
• EPA seeking public comment after which preliminary residual designation will be reviewed.
LongCreekWatershedManagementPlan‐July2009
• Structural Best Management Practices (BMPS)
• In‐stream, Riparian Habitat, and Floodplain Restoration
• Non‐Structural Best Management Practices (BMPs)
InterlocalCooperation
• 30‐A M.R.S.A. § 22012208• 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.
InterlocalAgreement‐August28,2009
• 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.
EPAFinalDesignation‐October28,2009
• 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.
PermittingOptionsGeneral 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
LongCreekGeneralPermit‐November6,2009
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.
ArticlesofIncorporation‐January14,2010
• 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
OrganizationalStructure
ParticipatingLandownerAgreements‐ Early2010
• 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
IncentivesforParticipatingUnderGeneralPermit
• 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.
IdentificationofStructuralBMPOpportunities
• 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.
BMPIdentificationRationale• 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
BMPDesignandConstruction
• 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.
FY17ExpensesbyCategory
5%
79%
5%
11%Adminstration
Construction & Maint.
Monitoring
Non‐Structural
Whereareweattoday?
Constructed approximately 92 structural BMPs treating 110 acres if impervious cover.
LCWMD‐Owned‐or‐OperatedBMPsinLongCreekWatershedBreakdown 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
BMPInspectionandMaintenance• 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.
InspectionandMaintenanceResponsibilitiesParticipating 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 LCWMD‐owned‐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 LCWMD‐owned‐or‐operated Structural BMPs to Ensure that Structural BMPs are Functioning as Designed
Inspection and Maintenance Reports for Private Structural BMPs
Inspection and Maintenance Reports for LCWMD‐owned‐or‐operated Structural BMPs
PARCEL‐SPECIFIC REQUIREMENTS
Annual Parcel Documentation (reporting):
Annual Parcel Inspections:
Provide Description of Landscape Management BMPs to LCWMD
Inspect Dumpster Location and Management
Provide Pavement Sealing Schedule and Type of Materials Used to LCWMD
Inspect Outdoor Hazardous Materials Handling and Storage
Provide Description of Winter Deicer Applications to LCWMD
Inspect Private Stormwater Management Infrastructure Other than Structural BMPs
Provide Description of Pavement Shading Efforts to LCWMD
Conduct Outfall Stability Evaluations
Provide Third‐Party Inspection Reports for Private Structural BMPs to LCWMD
Receive Annual Third‐Party Inspection Reports for Private Structural BMPs
PAVEMENT SWEEPING Implementation of Pavement Sweeping Program
CATCH BASIN INSPECTION AND CLEANING
Conduct Catch Basin and Pipe Inlet BMP, if present, Inspection and Cleaning
LCWMDStructuralandNonstructuralBMPInspectionandMaintenanceResponsibilities
• 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
FY2018InspectionandMaintenanceCosts
BMP Inspection and MaintenanceStructural RepairsLandscapingPavement SweepingPipe InspectionCatch Basin CleaningWaste Disposal
Total
$35,393$35,000$79,903$97,220$10,500$30,000$21,000
$309,016
AdaptiveManagement• 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.
OpportunisticRetrofits
• 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.
LessonsLearned• 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
LessonsLearned• 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