OOOK88002 CD420 .G281 kvEPA United States Environmental Protection Agency Office of Water Regulations and Standards Nonpoint Sources Branch Washington, DC 20460 August 1988 Creating Successful Nonpoint Source Programs: The Innovative Touch -iiyi'v-<••%*•.->1 *&..'+*". fc^^**£^*w_ .*f ------- Contents Concepts Behind Creative Programs 1 Unusual Alliances Can Get Creative Results 2 Oystermen and Farmers Unite to Save Tillamook Bay 2 City Aids Farmers in Fighting Pollution 3 Funding Often Must Be Creative, Too 4 Loans Replace Grants for Cost Sharing 4 Community Forms Utility District to Fund Stormwater Control 4 Industry Funds Enforcement Program 5 The Program That Plans for Results Can Show Results 6 Monitoring Provides the Needed Connection 6 Programs Can Pay Multiple Dividends 7 Target Your Most Productive Program 8 Local Interest Leads to Willingness to Assume Problem Ownership .... 8 Pennsylvania Focuses on Nutrient Management 8 Maryland Protects Critical Area 9 Explore Modern Technologies 10 Virginia Locates Key Farmers with Computer System 10 Minnesota Assessed Ground-water Sensitivity 10 Self-regulation May Be Easier to Sell 11 Dairy Farmers Fine Association Member 11 Illinois Farmers Write Farm Plans 11 Idaho's Foresters Believe in Effective Enforcement 11 Recast the Problem Creatively 12 When is a Nonpoint Source a Point Source? 12 Bibliography 12 Cover: an innovative way of controlling erosion on steep slopes—vegetation can be planted in open blocks. This report has been reviewed by the U.S. Environmental Protection Agency and approved for publication. Approval does not signify that the contents reflect the views and policies of the U.S. Environmental Protection Agency. The listing of trade names or programs does not imply any endorsement by the Agency. This document was prepared by Claire M. Gesalman, Amy L. Marasco, and Maggi Elliott of Roy F. Weston, Inc. under EPA contract 68-03-3450. Design by JT&A, Inc. The EPA Task Manager was Jim Meek, Nonpoint Sources Branch. ------- Concepts Behind Creative Programs Innovation has always been necessary in the nonpoint source management field. Resources have been chronically limited; standard methods of monitoring and problem identification show only part of the picture; results can be hard to demonstrate. And yet, program managers and staff have found ways to solve the problems and get the programs moving. Solving problems often depends on leaving no stone unturned — letting no idea go unconsidered. Even ideas that seem impossible can work. By reviewing the circumstances and approaches of several innovative programs, we can distill certain concepts and characteristics that seem to be key to then- success and creativity. These concepts are presented in the pages that follow with the goal of helping managers of newer state and local programs save time, money, and energy in solving their own problems, as well as giving a boost to programs that may be in need of a new direction or approach. Following each program description is the telephone number of the responsible department or agency. Documenting New Program Approaches The examples included here are a starting point for an effort to gather new examples of creative programs. EPA and states are moving into a new phase of the nonpoint source control effort with the initiatives created by the 1987 Water Quality Act, and new approaches will be needed to solve the current genera- tion of problems. This information transfer is vital to our ability to meet the goals Congress has set. There is no need to write a 30- page report. Just list the points that are key to understanding what you are doing and how it is succeeding. Some of the questions that you should consider are: •Who's been involved? (lead and support roles, coordination, institutional issues, etc.) And who's been missed? Who should be involved? • What problems have you encountered and how did you overcome them? • How did you define the program scope or identify the specific problem to be studied or attacked? • What sources and amounts of funds were considered, located, developed, chosen? (Why and how?) • What factors do you consider as key to the success of the program? • What have been the results to date? • How has progress been assessed? • What would you do differently the next time? Send information on your program or a program you think is innovative or creative to EPA's Nonpoint Sources Branch at WH-585, 401 M St., SW, Washington, DC 20460. Or call us at (202) 382-7085. U.S. Environmental Protection Agency Region b, Library (FL-12J) 1 77 West Jackson Boulevard, 12th Floor Chicago, IL 60604-3590 ------- Unusual Alliances Can Get Creative Results It's simple and often very productive to go directly to the source of the problem, using time-honored cooperative mechanisms like USDA's Soil Conservation Service network. Incentives and enforce- ment clearly work, but continually using the same network can mean business as usual and missed opportunities for creativity. Involvement by outside interests can provide a spark. Perhaps the best way to obtain such involvement is to appeal to the self-interest of those who are part of or affected by the problem: Develop a sense of ownership of the problem. People who feel responsible are easy to mobilize; they're energetic and tenacious about problem solving. Who is adversely affected by nonpoint source (NPS) pollution in your program area? Are they aware of the problem and its economic con- sequences for them? For example: Oystermen and Farmers Unite to Save Tillamook Bay When oystermen in Oregon's Tillamook Bay saw their livelihood threatened by large-scale NPS pollution, they united to tackle the problem. Fishermen aided state agencies and local citizens, who began to track down the source of fecal contamination in their shellfish beds. Dairy cattle were identified as the culprits: 19,000 of them on 118 dairy farms. The oystermen approached the Til- lamook Creamery Association for help. Together, these two interest groups sought solutions. By 1980, an EPA grant had yielded a plan for abatement of agricultural NPS pollution. In 1981, USDA funded a Rural Clean Water Project that cost shared best manage- ment practices (BMPs). Farmers began a massive reform of their waste han- dling practices. By 1985, sampling in streams feeding Tillamook Bay showed that fecal bacteria levels were down 15- 50 percent in various areas. Further im- provements are expected. "While credit belongs to several government agencies for getting things started, it has been the Tillamook Creamery Association and individual dairymen who have actually been get- ting things done," said EPA's Region 10 Administrator. Local pride in Tillamook oysters and Tillamook cheese may have had some- thing to do with it, too. These oystermen and dairymen have shown an en- lightened understanding of the inter- dependence of interests necessary to an area's economic health. Oregon Department of Environmental Quality- (503) 229-6035 ------- City Aids Farmers in Fighting Pollution Springfield, Illinois is another place where people concerned about NFS pollution tackled the problem from out- side the traditional network of coopera- tion. Lake Springfield was filling in with sediment, threatening even the normal water supply needs of the City in times of drought. The citizens were worried about the future of the lake as a water supply, as well as a fishery. Representing the City's self-interest, the water department went right to the source of the problem: local farming practices. A $10,000 grant from the City of Springfield bought the county soil and water conservation district a no-till planter. Farmers began to use it and demonstrate the benefits of preventive soil conservation measures. The City went on to cost share other BMPs for NFS pollution control. The program was run without federal cost- share money and was administered by the county soil and water conservation district. Projections indicate that these preventive methods will save about 20 percent of the price tag of dredging uncon- Soybeans in no-till wheat straw. Photo by Soil Conservation Service. trolled sedimentation over the next decade. The cooperative relationship among City government, the soil and water conservation district, and local farmers has proved highly effective both in Springfield and in other areas of Il- linois. City of Springfield- (217) 786-4093 ------- Funding Often Must Be Creative, Too The traditional funding source for NFS programs has been appropria- tions for both program administration and incentives or cost sharing. Clearly, the need has grown far faster than the political will to ap- propriate general revenues for these programs, so nontraditional sources of funding are needed. Some of the programs that have developed a new approach to funding include: Loans Replace Grants for Cost Sharing State revolving loan funds (SRFs) are now being established to replace the wastewater construction grant program. Under SRFs, states may also provide financial assistance to nonpoint source, groundwater, and estuary activities. In addition to SRFs, some states have other loan programs that may be avail- able for nonpoint source activities. Many people are not aware that this funding method can be used for leveraging state money in other programs. In contrast to the cost-shar- ing approach other states are applying to NFS pollution control, Utah has in- itiated the Agricultural Resource Development Loan Fund. The program has grown from $250,000 in 1976 to $14.4 million in 1988. Once interest- free, the loans are still affordable at only 3 percent. Furthermore, repayment does not begin until the improved land is ready for use. These features remove many of the financial barriers that can discourage individuals from making abatement improvements. The program's success is due in large part to Utah's soil conservation dis- tricts, which process applications, ap- prove plans, and monitor projects. The conservation districts make sure the BMPs are practical and reasonable. Loan payments and interest replenish the state fund. Administrative fees are divided among the various state and local agencies involved in the program. Utah Department of Agriculture— (801) 533-5918 Community Forms Utility District to Fund Stormwater Control Bellevue, Washington needed to im- prove its management of stormwater as the City grew. Residents saw the salmon dying and pristine areas disappearing and wanted to preserve local streams as viable natural environments. Grassroots support was easy to garner because many residents had moved to Bellevue for its natural beauty and accessibility to recreation. Local involvement was key to obtaining approval of a comprehen- sive stormwater management plan to aid in improving water quality (an ad- visory vote was held before sale of revenue bonds). Funding for the drainage program is based on the "polluter pays" principle; all developed property has some imper- vious surface, so everyone contributes. Other funding sources include permit fees, buy-in charges, developer exten- sions, and late-comer agreements. These last two items result in system ex- ------- pansion at no charge to the utility. Funding is stable because the utility does not have to compete with other public services for budget appropria- tions. The program centers on source con- trols, such as oil-water separators where spills are likely, vegetation clearing limits, and public education. Public education is designed to develop a feel- ing of "ownership" of the problem and show how individuals can be part of the solution; common problems and practi- cal solutions are emphasized. Bellevue, WA Storm and Surface Water Utility- (206) 451-4476 Industry Funds Enforcement Program In an interesting twist on the "polluter pays" principle, Idaho's forest products industry lobbied the state legislature to have themselves taxed to support five forestry agency positions to enforce the State Forest Products Act, which regu- lates erosion control by forestry opera- tions. Forestry, like many industries, has had a negative public image and is often subject to calls for stricter regulation and stiffer penalties for violations. Now, Idaho foresters pay five cents per acre into a fund for staffing in the Depart- ment of Lands. The program is ex- pected to generate about $150,000 per year. The increased staffing level will allow the agency to increase its inspec- tion and enforcement activity, as well as improve its educational efforts. For ex- ample, a series of 15 workshops for forest operators has been held around the state. Careful homework before the legislation was introduced ensured its passage with little opposition. Idaho Department of Lands— (208) 334-3280 Sides and ditches of logging road seeded to control erosion. Photo by Soil Conservation Service. ------- The Program that Plans for Results Can Show Results Successful NFS programs are efficient and cost effective. They use available resources and expertise and build on the experiences of others. In addition, they consider the long-term costs and benefits of the program—it may be necessary to spend a little in the near term to gain a lot in the long term. The most effective demonstration projects focus on demonstrating clear results, rather than just showing how to implement a project. This is something that requires a talent for detailed foresight and skillful planning. Simply stated, a program needs reliable feedback: • What's working, and what isn't? • Is the strategy cost effective? • Who's being convinced? • Is water quality improving? • How could the next project be improved? It can be difficult to answer these questions, but it is possible, even with large, complex projects. Monitoring Provides the Needed Connection Iowa's Big Spring Demonstration Project was planned carefully to show results. Nitrates and pesticides are creeping into ground water in Iowa, where 80 percent of the citizens depend on it for drinking water. Big Spring Basin had experienced ground-water contamination from these sources, so it was an excellent choice for a demonstration project. Almost all of the basin's ground water discharges at Big Spring, so chemicals that leach into the ground water eventually show up there. Furthermore, the background data needed to reveal water quality changes are already available; intensive water monitoring has been conducted in the basin since 1981. Finally, Big Spring Basin is a perfect test ground for abating NFS pollution from agriculture. There are no municipal or industrial wastewater sources that could confuse monitoring results. Big Spring provides a huge, relatively undisturbed laboratory for making NFS tests. Project personnel are educating farmers on ground-water quality problems and the use of fertilizers and pesticides and good agricultural prac- tices. BMPs are being installed and dis- played on experimental farm plots. And ground-water results are being ------- monitored. Early data show a relation- ship between fertilizer nitrogen applied in the Big Spring Basin and nitrate levels in the ground water there. Nitrate level declined in response to the reduc- tion in fertilizer use associated with the Payment-in-Kind (PIK) program, for example. It will be a few years, however, before clear relationships can be defined, since year-to-year variation can mask long-term trends. The excellent planning choices made in targeting Big Spring Basin will assure that these results will be possible. Iowa Department of Natural Resources, Geological Survey Bureau — (319) 335-1575 Programs Can Pay Multiple Dividends In Queen Anne's County, Maryland, state officials constructed an artificial marsh at a local high school. In develop- ing this project, they not only built a control mechanism to solve a problem, but also provided a teaching tool. Stu- dents and teachers learned about NFS pollution and the natural cleansing power of wetlands while doing part of the planting. Thus, Maryland cut costs of creating the wetland while demonstrating the efficacy of coopera- tive efforts and effectiveness of natural systems in reducing NFS pollution. Maryland Department of the Environment- (301) 974-2224 ------- Target Your Most Productive Problem The diffuse nature of NFS pollution makes it particularly difficult to grapple with: the problem presents few clear "handholds." Many program managers have responded to this situation by dispersing abatement funds uniformly across the state or on a first-come, first- served basis. Others, however, have thrown a spotlight on troublesome areas through an approach popularly called "targeting." Targeting can make it much easier to show results, because it focuses control activities on a problem watershed, a specific industry, or a particular facet of the problem. Local Interest Leads to Willingness to Assume Problem Ownership Wisconsin carefully targets areas with serious NFS problems and provides as- sistance only where localities want help. This skillful, two-pronged approach maximizes the efficacy of limited funds. Wisconsin uses the following criteria to select target watersheds before commit- ting resources: 1. severity of the pollution problems; 2. the potential for pollution reduction; 3. willingness of landowners to participate in the cleanup effort; 4. potential benefits as a result of the program; 5. ability of local authorities to carry out their roles; and 6. the willingness and ability of local agencies and other governmental units to control other sources of pollution. Federal, state, and local agencies are all actively involved in targeting water- sheds. Development of abatement plans is also a cooperative effort, with respon- sibilities for action and funding clearly detailed. The unique feature of this program is the targeting of watersheds where communities have convinced the state that they want to solve their NFS pollution problems. The local govern- ment monitors the projects and is ac- countable to the state for their implementation. Wisconsin Department of Natural Resources- (608) 266-1956 Pennsylvania Focuses on Nutrient Management Pennsylvania targeted its Susquehanna River basin as a major focus of agricul- tural pollution control based on EPA's study on Chesapeake Bay pollution. The Susquehanna contributes about half the fresh water flowing into the Bay and carries with it 21 percent of the phosphorus and 40 percent of the nitrogen polluting Bay waters. The sources: excessive cropland soil erosion and a dense livestock population. An earlier study by the state showed that counties in the lower Susquehanna basin were responsible for the bulk of ------- the pollution, so the control program was targeted to those areas. In addition, nutrient management was identified as the most productive approach to pollu- tion control, leading to design of a cost- sharing program around this concept. A nutrient management plan must be in place before a farm is eligible for BMP cost-share funds. Assistance to farmers includes a mobile nutrient laboratory, which helps farmers limit nutrient ap- plications (including manure) to the level needed by crops. Pennsylvania Bureau of Soil and Water Conservation-(717) 787-5267 Maryland Protects Critical Area Maryland has created a special zone to protect the Chesapeake Bay from NFS pollution. The Critical Area Program is a means of implementing NFS efforts along shoreline areas adjacent to the Bay through controls on development in a 1000-foot strip. A state and local com- mission developed program criteria, which are being used in developing local protection programs. Local governments assign critical areas under their jurisdiction into one of three categories and regulate development accordingly. In "Limited Development Areas" the goal is to preserve existing forest cover and minimize impervious surfaces. In "Resource Conservation Areas" development is discouraged in favor of agriculture and forestry. Pol- lutant reduction from existing develop- ment is the goal in "Intensely Developed Areas." Farmers in the criti- cal areas must have soil and water management plans by May 13, 1991. Buffer strips of vegetation up to 100 feet wide are being planted along tidal waters and streams. Chesapeake Bay Critical Areas Commission- (301) 974-2426 Waste management for cattle operation, with settling basin on right. Photo by Soil Conservation Service. ------- Explore Modern Technologies Recent advances in computer technology have made new tools avail- able to program managers. Geographic information systems are new tools that can be used to define problems and target solutions. Two ways they have been used are described below. Virginia Locates Key Farmers with Computer Virginia is now using a computer-based information system to identify farm- land with a high erosion potential. VirGIS— the Virginia Geographic In- formation System —replaces a manual approach to the identification and tar- geting process. VirGIS is used as a screening tool to identify potential problem areas. State and local staff then visit farms to verify conditions and evaluate abatement techniques. This approach identifies the potentially most serious problem areas and allows staff to take the program to farmers who might not have requested assistance, rather than just allocating funds among farmers who come in voluntarily. VirGIS combines a variety of data sources: topographic, soil, and surface water maps, and soil, watershed, and elevation information are integrated with factors for rainfall, vegetative cover, and land use practices. The one- hectare cell that is the geographic unit allows targeting of priority areas on in- dividual farms. In the long term, staff expect to be able to use the system to assist with priority setting and critical area determination for programs such as the Conservation Reserve, forestry management, and assessment of site suitability for on-site waste manage- ment. Virginia Division of Soil and Water Conservation-(804) 786-8173 Minnesota Assessed Ground-water Sensitivity A key receptor for pollution is ground water. However, the potential for ground-water contamination varies from place to place. In southeastern Minnesota, karst topography (limestone caves, sinkholes, etc.) leads to high pol- lution potential, but available monitor- ing data were not organized so that trends could be identified easily. Analysis of local well monitoring data in conjunction with state well location in- formation in the Minnesota Land Infor- mation System has allowed correlation of test data with aquifer data. Hydro- geologic sensitivity maps produced by the state show how susceptible various areas are to ground-water contamina- tion. These substantiate the relationship between land use and ground-water quality. Results are being used to edu- cate local officials and residents and have led to development of ground- water protection ordinances and the use of local water planning legislation to develop aquifer protection plans for each county. Minnesota Environmental Quality Board- (612) 296-0676 10 ------- Self-regulation May Be Easier to Sell By developing consensus on the need for regulation, the regulated community may find it easier to comply without complaint. Similarly, self policing by a regulated group may be more effective than govern- ment intervention: The penalties may more closely fit the "crime." Dairy Farmers Fine Association Member As part of the effort to clean up Til- lamook Bay (described earlier), dairy association members fined one of their fellow members for violating required BMPs. That farmer's milk price was reduced until the violation ceased, and to help ensure future compliance, the reduction was continued for an addi- tional six months. Illinois Farmers Write Farm Plans In Illinois, the Soil Conservation Service has begun a program to train farmers to write their own farm plans. These plans are the basis for conservation and erosion improvements through im- plementation of BMPs and are required for continued eligibility for federal as- sistance. Accelerating development of the plans will increase the pace of BMP installation and thus result in more water quality benefits. In other areas, most farm plans are developed by governmental agencies, which limits the number that can be developed each year. Helping farmers write their own plans will also help ensure their im- plementation, since the farmers will feel a greater degree of responsibility for them and the results, as well as feeling that they are realistic. Farmers also are taught key concepts about erosion, which are then related to recommended control practices. Farmers have always recognized their role in land stewardship, and this understanding of causes and effects of erosion provides good reasons for controlling erosion by reinforcing this feeling. The Soil Conservation Service and the Cooperative Extension Service together have developed an instructor's manual, five slide shows, and a videotape to be used in an 18-hour course. The material was tested and revised over a one-year period and is now available for distribution. Several states have already used the materials, which are designed to be modified easi- ly to include locally relevant informa- tion. Idaho's Foresters Believe in Effective Enforcement As mentioned earlier, Idaho's forest products industry lobbied for a tax to support state enforcement of the Forest Products Act. Clearly, foresters believe that their interests are served better if the law is enforced; they are less likely to receive adverse publicity and com- plaints if all affected companies know they must comply. Peer pressure is also an effective tool to increase compliance; forestry associations are cosponsoring workshops and other educational ef- forts. 11 ------- Recast the Problem Creatively Some innovative program managers have gone to the heart of the NFS problem —and transformed it! Such an approach calls for an al- most forced detachment from usual ways of viewing the situation, coupled with some very creative brainstorming. When is a Nonpoint Source a Point Source? Florida managers decided that it would be easier to control some nonpoint sources if they could be viewed as point sources, tractable to point source solu- tions. BMPs provided the inspiration: stormwater runoff is now being cap- tured in retention basins or detention facilities in urban areas across the state. Developers are required to implement the concept. To release stormwater to a surface water body, developers must apply for a state discharge permit. The applicant must assure the state that the proposed discharge will not cause a violation of water quality standards. Performance standards are used to achieve this goal. For example, for a project occupying less than 100 acres, the standards require that the runoff from the first inch of rainfall or the first half inch of runoff be captured either in a retention basin or in a filtering deten- tion facility. Although some problems have sur- faced in implementing the program, it has been widely accepted by the con- struction industry. In its first four years of existence, the Florida Stormwater Rule has stimulated the development of thousands of detention and retention systems. Current issues to be addressed include the potential for ground-water contamination and the need for a regional or watershed approach to con- trols in some areas. Florida Department of Environmental Regulation -(904) 488-0782 Bibliography Cooperating for Clean Water (case studies and three briefing papers related to agricul- tural nonpoint source pollution control, published by the Farmland Project of the National Association of State Departments of Agriculture Research Foundation), 1986. The Model Implementation Program: Lessons Learned from Agricultural Water Quality Projects (prepared by the National Water Quality Evaluation Project at North Carolina State University and Harbridge House, Inc.) February 28, 1983. Chesapeake Bay Nonpoint Source Programs, U.S. Environmental Protection Agency, Region 3, Chesapeake Bay Liaison Office, January 1988. 12 ------- Inv For additional copies — contact the U.S. Environmental Protection Agency Nonpoint Sources Branch (WH-585) 401 M Street, SW Washington, DC 20460 (202) 382-7085 U.S. Environmental Protection Agency Region 5, Library (PL-12J) 77 West Jackson Boulevard, 12th Floor Chicago, IL 60604-3590 ------- United States Environmental Protection Agency WH 585 Washington DC 20460 Official Business Penalty for Private Use $300 nonpoint source W pollution ------- |