503888001B
C
      United Slates
      Environmental Protection
      Agency

      Office ol Water

      National Eatuary
Saving Bays and Estuaries:
A Handbook of Tactics

Introduction
          Estuaries—where rivers
          meet the sea, and fresh
      water mixes with salt—are
      among the earth's richest and
      most productive habitats. They
      serve as the principal spawn-
      ing grounds and nurser-
      ies for at least  two-thirds
      of our Nation's commercial
      fisheries, provide irreplace-
      able recreational and aesthetic
      enjoyment, and are home to
      valuable and diverse  species
      of fish, shellfish, and wildlife.
  They are also
home to people. Already,
70 percent of the U.S.
population lives within 50 miles
of a coastline, and that
number is growing. But with
people comes pollution, and
our estuaries are clearly in
trouble, threatened by toxic
and bacterial contamination,
sewage discharges and agri-
cultural runoff, oxygen-
depleted waters, and loss of
fish and wildlife habitat.
                            Learning Through
                            The National Estuary
                            Program

                              There are no easy answers
                            to these problems, but we
                            have learned some lessons.
                            One is that estuaries are
                            complex ecological systems
                            with subtle dependencies
                            among many species and
                            habitats. If conditions change
                            in one area, they will also
                            change in others.  In estuaries,
                            there are very few purely
                            local effects.
                              We've also learned that
                            conventional, "end-of-pipe"  pol-
                            lution  controls  are not enough.
                            Agricultural runoff and
                            other nonpoint sources
                            contribute pesticides and
                            excess phosphorus and
                            nitrogen to bays hundreds of
                            miles away; the wind carries in
                            toxics that contaminate bottom
                            sediments in otherwise pristine
                            waters. Yet how do we
                            regulate homeowners who put
                            too  much fertilizer on their
                            lawns? How does  one State
                            control air pollutants coming
                            from another State on the
                            other side of the country?
                              Finally, we've learned that
                            saving our estuaries and

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                                                                               ,
v>EPA
Strategies  for  Protecting
coastal waters is a long-term
process. It will demand heavy
commitments of time, money,
and support from everyone
who affects or uses or benefits
from their resources. Just as
important, it will require a
fresh approach to solving
environmental problems, one
that recognizes we are dealing
with integrated ecosystems,
not clusters of isolated
problems.
  EPA's National Estuary
Program provides an oppor-
tunity to apply these hard-won
lessons. Under the law, its
mission is to protect and
enhance water quality and
living resources in estuaries by
helping States to develop and
carry out basin-wide, compre-
hensive programs to conserve
and manage their estuarine
resources.
  This handbook shares some
of the experience gained in
this process in estuary pro-
grams throughout the country
and demonstrates many
innovative tactics for
                                                                           LIMIT GROWTH
                                                                          IN SENSITIVE AREAS
                       UPGRADE/BUILD
                     SEWAGE TREATMENT
                          PLANTS
            ENCOURAGE OPEN SPACE
              & FORESTED LANDS
                 ALONG THE
                WATERFRONT
       REDUCE TOXIC DISCHARGES
        IMPLEMENT STRONG
       FISHERIES MANAGEMENT
           PROGRAMS

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         and  Estuaries
                                       What a Management Conference Does
                                       A management conference is a committee convened for a specific estuary
                                       by the Administrator of EPA to decide what actions to take to protect or
                                       restore the estuary. Under the law, a management conference must carry
                                       out seven major tasks:
                                       • assess trends in the estuary's water quality, natural resources,
                                         and uses;
                                       • identify causes of environmental problems by collecting and
                                         analyzing data;
                                       • assess pollutant loadings in the estuary and relate them to observed
                                         changes in water quality, uses, and natural resources;
                                       • recommend and schedule priority actions to restore  and maintain the
                                         estuary, and identify the means to carry out these actions (this is
                                         called a comprehensive conservation and management plan);
                                       • ensure coordination on priority actions among Federal, State, and local
                                         agencies involved in the conference;
                                       • monitor the effectiveness of actions taken under the plan; and
                                       • ensure that Federal assistance and development programs are
                                         consistent with the goals of the plan.
                      CONTROL
                    STORM WATER
                      RUNOFF
                         INSTALL
                    BEST MANAGEMENT
                      PRACTICES ON
                       FARM LANDS
                     IMPROVE
                  SEPTIC SYSTEMS
                                    CONTROL
                                  AGRICULTURAL
                                    RUNOFF
   IMPLEMENT NUTRIENT
AND PESTICIDE MANAGEMENT
       PROGRAMS
•'•y'Jk
(j^3 —> _ -i
         PROTECT CRITICAL WETLANDS
            AND SPAWNING AREAS
dealing with major estuarine
and coastal problems. Three
ecosystem management areas
are covered: water and sed-
iment quality; living resources;
and land and water resources.
Other areas of interest include
technical support and financial
resources.
  The case study format is
designed to present infor-
mation  clearly and quickly,
and also identifies sources of
additional information. We
encourage readers to use the
handbook along with  the
Estuary Program Primer, a
manual for establishing and
managing estuary programs,
and hope that these case
studies will alert managers to


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 innovative management tools
 and help them avoid costly
 mistakes. We also hope that
 users will find new ways to
 apply the lessons presented in
 these case studies and that
 participants in other programs
 will share their experiences.
 We plan to expand the
 handbook as new approaches
 and lessons emerge with
 experience.
   The National Estuary
 Program welcomes comments
 and suggestions for additions
 to this handbook. For more
 information contact:

 Mark Alderson
 National Estuary  Program
 Office of Marine and
   Estuarine Protection (WH-556F)
 Office of Water
 U.S. Environmental
   Protection Agency
 401 M Street, S.W.
 Washington, D.C. 20460
 (202)475-7102


4>EPA
The National Estuary Program
      The purpose of the
      National Estuary Pro-
gram is to identify nationally
significant estuaries, protect
and improve their water quali-
ty, and enhance their living
resources. Estuaries are to
achieve these goals through
collaborative efforts called
comprehensive conservation
and management plans
(CCMPs)', development  of
CCMPs is carried out by over-
sight committees called
management conferences.
  The  legislation that estab-
lished the National Estuary
Program  named 11  estuaries
to receive priority considera-
tion to  be in  the program.
These are Albemarle/Pamlico
Sounds, Long Island Sound,
Buzzards Bay, Narrangansett
Bay, Puget Sound, San Fran-
cisco Bay, Galveston Bay,
Sarasota  Bay, Delaware Bay,
Delaware Inland Bays,  and
New York-New Jersey  Harbor.
Santa Monica Bay was added
to this list in  the Fiscal  Year
1988 Appropriations Act.
  The Administrator of EPA
selects estuaries for the pro-
gram in response to nomina-
tions by State governors, or at
the Agency's initiative in the
case of interstate estuaries.
Estuaries are selected  based
on their potential to address
issues of significant national
concern, as well as their
demonstrated institutional,
financial, and political commit-
ment to carry out protective
actions. Once an estuary is
selected, the Administrator
formally convenes a manage-
ment conference.
  Management conferences
provide a framework for in-
terest groups to work together
to develop comprehensive
plans and timetables (the
CCMPs) to protect and
restore the estuary and
coastal areas. Conference
members must include citizen
and user interest groups,
scientists, government of-
ficials, and resource
managers from Federal,
State, and local agencies.
  Representatives from these
groups sit on an oversight
committee that serves as tne
formal management con-
ference and oversees
development of the CCMP.
Other technical, policy, and
citizen advisory committees
may provide  supplemental ad-
vice and help. This committee
structure approach was first
developed in the Chesapeake
Bay and Great Lakes  pro-
grams and has worked very
well. We expect it will work
equally well for other estuary
and near coastal water
programs.
                                                                                          53*?*?;
                                                                                          •^-^?*s±,

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i
United States
Environmental Protection
Agency

Office of Water

National Estuary
Program
Point  Source  Controls:
The Potomac River Cleanup
Hesforing a river through cooperation and consensus
                                     WASHINGTON METROPOLITAN AREA
              Characteristics
              • 14,670 square mile drainage basin has approximately
               100 tributaries
              • Large quantities (averaging 456 million gallons/day) of treated
               effluent are released from the Washington. D C area
              • Approximately 3 million of the basin's 4 million residents live in
               the Washington metropolitan area which is adjacent to the
               estuary, population is projected to increase 20 percent by 2000

              Resources
              • The river is a major spawning area for anadromous and semi-
               anadromous fish species, e.g , shad, perch, and striped bass
              • 1985 commercial finfish landings were valued at over $2 million
              • Recreational activities include sport fishing and boating
              • Municipal water supply withdrawals averaged approximately 370
               million gallons per day (in 1985)

              Issues
              • Municipal treatment plants are the only major
               point-source loading
              • Nutrient loadings encouraged algal blooms, which have led to
               low oxygen levels, fishkills. and changes to the ecosystem
              • Estuary cleanup has required a concerted cooperative effort
               among the Washington region's principal local jurisdictions
                                                                                              MD
                                                       Treatment Plants Subject

                                                       To Stringent Controls In

                                                       Potomac River Basin

                                                        1 ALEXANDRIA
                                                        2 AQUIA
                                                        3 ARLINGTON
                                                        4 BLUE PLAINS
                                                        5 DALE CITY
                                                        6 LEESBURG
                                                        7 LITTLE HUNTING CREEK
                                                        8 LOWER POTOMAC
                                                        9 MATTAWOMAN      |~T
                                                       10 H L MOONEY       j ^
                                                       11 PISCATAWAY
                                                       12 SENECA

                                                       WASTEWATER
                                                       FLOWS
                                                       million gallons Def day
                                                VA
        Introduction
        In the late  1960's,  local, State, and  Federal officials
        began a coordinated and sustained effort to clean up
        the Potomac River.
          Historically, the Upper Potomac River Estuary had
        suffered from severely degraded water quality. Noxious
        odors, large mats of floating algae, blue-green  algae,
        depleted oxygen concentrations, and turbid water were
        frequent conditions.  Pollution-sensitive  fish  (such as
        large-mouthed  bass) and submerged aquatic vegeta-
        tion had largely disappeared from the river. Bacterial
        contamination and  viruses prevented  safe water con-
        tact recreation.
          Efforts by scientists and local, State, and Federal of-
        ficials in the past 20 years to implement and  upgrade
        point source controls,  however, have dramatically
        reversed the trend of declining water quality. The  States
        of Maryland and  Virginia and the District of Columbia
        implemented stringent  point source  discharge limits
        based on analysis of the upper estuary's assimilative
        capacity and the capabilities of wastewater treatment
                                                    technology. These actions have reduced biochemical
                                                    oxygen demand (BOD) and phosphorus discharges to
                                                    the upper estuary by 95 percent. Algal blooms are now
                                                    infrequent, and submerged  aquatic vegetation and
                                                    many species of sportfish have reappeared in the river.
                                                    Potomac River area residents now benefit from com-
                                                    mercial and recreational river uses.


                                                    Overview  and Characteristics
                                                    of the Problem

                                                    The Potomac River drainage area encompasses por-
                                                    tions of the States of Pennsylvania, Virginia, West Vir-
                                                    ginia, the District of Columbia, and Maryland. About 95
                                                    percent of the land in the basin is forested or in agricul-
                                                    ture.  In sharp contrast, the upper estuary, which ex-
                                                    tends 54  miles  from  the northwest  boundary  of
                                                    Washington,  D.C. to Maryland Point,  is  highly urbaniz-
                                                    ed. The  upper  estuary receives the largest volume of
                                                    flow from treated wastewater discharges. Industrial dis-
                                                    charges are insignificant.

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   The Potomac supports two critical water uses in the
Washington area. As a major water supply, the free-
flowing part of the river provides about 75 percent of
metropolitan   Washington's  drinking   water.  The
Potomac is also profoundly important to the area as a
recreational and aesthetic resource. The river supports
boating,  fishing,  and, in  some areas, swimming.
Hundreds of miles of parkland border the Potomac, in-
cluding the Washington, D.C. Tidal Basin, site of several
major memorials and tourist attractions.
   For  much of this century the Potomac has suffered
from  pollution  stresses.  During the  1950's  it was
described as an open cesspool. Rapid development of
the Washington metropolitan region was a major factor
in the river's  decline. Between  1940 and the  early
1970's, population growth  repeatedly  outstripped
sewage treatment  plant capacity, despite expansions
intended to meet demands for years to come.  Raw or
partially treated sewage was regularly discharged into
the Potomac as a consequence  of overloaded plants
and inadequate sewer capacity.
   Of the  11 major treatment plants that serve the
Washington metropolitan area, the Blue Plains facility is
the largest point source to the estuary. This regional
plant, managed by the District of Columbia, serves the
city and some of suburban Maryland and Virginia. In
1985, the Blue Plains plant discharged about 309 mil-
lion gallons a day directly to the estuary—about 65 to
70 percent of the entire wastewater load for the year.


Chronology of the Cleanup Effort

In the  late  1950's conferees at the first Federal-State
Potomac  Enforcement  Conference  meetings,  con-
vened  by  the  U.S. Public Health Service to  address
water  quality  problems,   recommended secondary
wastewater treatment. By 1965, however,  water quality
in the Potomac had worsened because rapid popula-
tion growth and accompanying increases in sewage
flows had outstripped plant capacities. President Lyn-
don  B. Johnson  called  national  attention  to  the
Potomac when he proposed making it a model for a na-
tional water quality improvement  campaign. Following
his appeal,  Congress passed the Water Quality Act of
1965, which required States to establish water quality
standards.   Jurisdictions   in   the   Washington
metropolitan area  agreed  to adopt a fishable-swim-
mable standard.
   The Federal-State  Potomac  Enforcement Con-
ference   was  reconvened   in   1969. Conferees
developed discharge limits based on an assessment of
the estuary's assimilative capacity and available treat-
ment technology. Conferee recommendations,  which
were  strenuously  debated,  pushed  treatment tech-
nologies to their limits.  Nevertheless, the recommenda-
tions were formally accepted in 1970 by the District of
Columbia, Maryland. Virginia, and local jurisdictions
through the Memorandum of Understanding (MOU) on
the Washington Regional Water Pollution Control Plan.
upgrades to the Blue Plains regional wastewater treat-
ment plant, allocated capacity for the plant to the Dis-
trict of Columbia and its suburban users, and proposed
a schedule for siting and constructing another regional
plant to absorb the anticipated  increases in treatment
demands on the Blue Plains facility.
  What appeared to  be  a workable intermunicipal
framework for addressing Potomac pollution problems
quickly  broke down as the  population  continued  to
grow and  sewage flows to  Blue Plains exceeded juris-
dictional flow  allocations. Threats of lawsuits to enforce
these allocations led to a new agreement in 1971 for in-
terim treatment at Blue Plains. In  addition, building
moratoria  established  to  restrict  sewage treatment
demands were  not strictly  enforced, and demand for
treatment  continued to grow. Thus, in 1973, the Com-
monwealth of Virginia filed suit against the Washington
Suburban  Sanitary Commission (the agency respon-
sible for sewage  in the suburban Maryland counties
and at that time the prime source of the excess flows).
Fairfax County,  Va., the District of Columbia, and the
Federal government joined the suit.
  The  parties  to the suit ultimately reached an
agreement in 1974, the basis for a consent decree
that, among other things, limited the amount of sewage
each jurisdiction could send to  Blue Plains. It also es-
tablished a formula for jurisdictions  using the plant to
take responsibility for sludge disposal. A  key feature of
the decree, lacking  in previous agreements, was ac-
countability. Violations, including delays, would  con-
stitute a contempt of court and would be punishable.
  Throughout the 1970's new treatment technologies
were  installed  and  plants  constructed   and   ex-
panded. Potomac water quality  began to improve. The
upgrading of  treatment plants,  however, exacerbated
an old  problem. Advanced  waste treatment processes
produced  substantially larger quantities of sludge than
secondary treatment alone had. Difficulties in locating
sludge disposal sites led to legal actions in which the
District of Columbia sued Maryland's Washington  Sub-
urban Sanitary Commission to force disposal of sludge
as agreed  in the 1974 consent decree.
  Anxious to overcome the interjurisdictional squab-
bling and  court battles of  the 1970's, representatives
from area jurisdictions and treatment plant operators
began to form standing committees to negotiate agree-
ments, monitor progress, resolve differences, and plan
for future needs on a regular basis. The first and most
prominent committee was made up of chief administra-
tive officers (CAO's) representing the principal  Blue
Plains user jurisdictions and agencies. This committee,
known as the  Blue Plains CAO's, was organized in  1980
under the auspices of the Metropolitan Washington
Council of  Governments,  which  provided neutral
grounds for meeting and support staff.
  The Blue Plains CAO's  Committee undertook the
reworking of the  wide array of existing agreements,
some of which dated back to the 1950's. Committee
staff worked diligently, and  at one stage met weekly for
municipal  agreement for managing  sewage treatment
and sludge disposal through  2010. An informal but im-

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portant ground rule that has been credited with promot-
ing agreement was the commitment of all participants
to stay on at certain critical meetings until the issues at
hand had been fully resolved.
   The resulting Blue Plains Intermunicipal Agreement
was signed by area jurisdictions in September 1985. In
addition to  sewage  and sludge  management,  the
agreement formalized annual funding  support to a
coordinated  program  for  monitoring  and tracking
Potomac water quality. This program, managed by the
Metropolitan  Council of Governments, provides a com-
mon and comprehensive data base to enable a scien-
tific approach to water quality planning and decision-
making. Another important component of the agree-
ment  included  the specification  of conditions that
would regulate or stop a user's commitments for sys-
tem extensions if its sewage flows exceeded its allo-
cated  capacity at Blue  Plains. The lack of such a
provision in earlier agreements had been a significant
problem during the 1970's.
   Another important group, the  Potomac Studies
Policy Committee, was formed in 1985 to develop con-
sensus  positions  of   common   interest  to   the
Washington  area  wastewater treatment community.
The policy committee evaluates technical  issues as-
sociated with Washington area water quality manage-
ment programs and  standards. It addresses estuary-
wide  problems and  the contribution  of  upstream
Potomac pollution loading sources that affect regional
water quality, and provides a unified voice for negotiat-
                          ing with water quality regulators. The policy committee
                          strives to achieve balance between treatment technol-
                          ogy, costs to users, and water quality standards.
                             The Blue Plains and Potomac Studies Policy Com-
                          mittees have proven themselves to be valuable forums
                          for ongoing  resolution of regional water quality con-
                          cerns and issues, preventing the crisis atmosphere that
                          pervaded  the  preceding  decade. Participants  are
                          pleased with the cooperation achieved between local
                          jurisdictions and wastewater treatment plant operators
                          thus far and are optimistic that it will continue.

                          Financing
                          The success of the Potomac cleanup to date has been
                          hard won, taking over 20 years of sustained effort and
                          more than $1 billion investment in capital  facility im-
                          provements.  The 1972 Federal Water Pollution Control
                          Act's Construction Grants Program covered 75 percent
                          of plant   construction,  expansion,  and  upgrading
                          costs. Remaining funds came from local government
                          expenditures and State grant  programs. The annual
                          operating costs to meet plant discharge requirements
                          now exceed $100 million per year at the Washington
                          region's principal discharges. These costs are financed
                          through local user fees.

                          Results
                          Although  the original  goal,  established  in  the  late
                          1960's, of  obtaining fishable-swimmable  conditions
                          year-round in the upper estuary remains to be fully real-
       Comparative Wastewater Flows and Pollutant  Loadings
       To The Upper Potomac Estuary
                                          Total            Total
                                          Suspended Solids Phosphorus
Biochemical
Oxygen Demand

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ized,  significant  improvements  in  Potomac  water
quality have been made. The improvement in the upper
estuary  has, in turn, contributed to dramatic improve-
ment in the lower estuary.
   Reductions  of  nearly 95  percent in biochemical
oxygen  demand and total phosphorus point source
discharges highlight the accomplishments.This  has
been  achieved  through stringent nutrient limits for
municipal  wastewater discharges. For  example, the
current effluent phosphorus limit for Blue Plains is 0.18
mg/L. Effluent limits assigned to Washington area treat-
ment plants could  be met only by upgrading secondary
treatment plants to advanced waste treatment facilities,
which use additional filtration, nutrient removal proces-
ses, and chlorination. Improvements to  other facilities
have also enhanced water quality in the  basin. The im-
provements included increases in sewer transmission
and wastewater treatment plant  capacities,  and im-
proved operational procedures to substantially reduce
the incidence of wet weather  overflows. Most of the
Washington metropolitan area's sewer system is now
connected to advanced waste  treatment facilities,
either on-line or under construction. The Blue Plains
plant is  one of the largest advanced waste treatment
plants in the United States.
   Signs of a healthy river that were  missing from the
estuary  during the 1950's and 1960's are  now reap-
pearing. Submerged aquatic vegetation and accom-
panying desirable species of fish and  wildlife  have
returned in abundance to many portions of the river. At
the same time, the growth  of nuisance blue-green
algae has been greatly reduced.
   As river water quality has improved, commercial and
recreational activities  along the  river have  also re-
emerged.  The waterfront now provides an attractive
location for  parks,  recreational  facilities, and res-
taurants. Boating  and fishing  are common along the
urban stretch of the estuary.
   Other sources of pollution have increased in relative
significance as  Washington area point  source loads
have been cut. Discharges of nutrients, biochemical
oxygen   demand,  and  sediment   loadings   from
upstream   point   sources,  nonpoint  sources,  and
nutrient  releases and oxygen  demand from river bot-
tom sediments all contribute to pollutant  loading inputs
to the upper estuary.
   The participants in the Potomac cleanup program
have turned their attention to meeting the new challen-
ges. The existing regional monitoring network and data
base are already being used, and the 1970 Memoran-
dum of Understanding  has  been revised and reaf-
firmed. The regional framework developed to confront
point source removal is providing a ready forum for ad-
dressing emerging issues.
   While some pollution problems  remain,  further
progress will require improved  wastewater treatment at
smaller  facilities  upstream  and  downstream of the
Washington, D.C. region. Implementation of effective
nonpoint source controls, particularly for agricultural
nonpoint source loadings, will also be needed.
Lessons Learned
The latest round of Potomac River cleanup activities
has taken two decades to reach its current level of suc-
cess. The effort has been difficult, but it has worked. Its
success was due to people who insisted on more than
the status quo. They invested in technologies required
to meet stringent effluent limits to protect the estuary.
They  strove for cooperative agreements and  held
others to them, going to court when necessary. It took
technical talent —  the  scientists who developed the
models and analyzed  the data, the treatment plant
operators and engineers who implemented the require-
ments. It took  money — a combined local, State, and
Federal investment exceeding  $1  billion in  capital
facilities, and  user fees of over $100 million a  year in
plant  operation costs.  Most important, the cleanup
succeeded because of  the initiative, cooperation, and
sustained commitment  of local agencies to hammer
out and implement the interjurisdictional agreements
necessary to make it work.
   Improving conditions in the  Potomac required  an
enormous effort to overcome  resistance to building
moratoria, legal suits, press coverage, and a charged
atmosphere  among   the  participants.   Ultimately,
however, a  high  level  of cooperation among  local
governments  and the regulatory agencies led to the
dramatic improvement in water quality conditions that
area residents  now enjoy. Through the efforts and bat-
tles along the way, a strong and lasting framework  for
cooperation has evolved.
   The Potomac's  cleanup was facilitated  under the
regional  policy and technical  committee  structure
which  evolved in the 1980's to track progress and
evaluate future water quality management needs. This
structure has  proven quite effective  as  a forum for
developing consensus  positions on regional  water
quality management issues and programs. It derives its
strength  and  continuity through a  collective local
government commitment to the support  of a central-
ized technical staff, data base,  and reporting function
dedicated to  the  assessment and resolution  of
Potomac water quality issues.
   But for all  the achievements, the  greatest  lesson
from the Potomac's experience may be that strategies
for pollution control must be flexible and continually
evolving. New  problems and questions have emerged
as a  result of regional successes in reducing point
source loadings. For example, environmentally sound
and cost-effective sludge management programs, ac-
ceptable to both regulatory agencies and local com-
munities, must be found and  agreed  upon. Area
decisionmakers and residents must evaluate to what
extent they are willing to protect area water quality and
identify the most cost-effective, practical, and accept-
able management programs.
  For further information, contact Stuart Freudberg or Cameron
  Wiegand, Metropolitan Washington Council of Governments,
  Washington,  DC, or Mark Alderson, EPA Project Manager,
  Washington, DC.


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oEPA
United Stales
Environmental Proteclio
Agency
National Estuary
Program
A Phosphorus  Strategy for the
Great Lakes
Improving water quality through intergovernmental agreements
                              UNITED STATES/CANADA
      Characteristics
      • The largest freshwater bodies in the world, the
       Great Lakes comprise:
       -20 percent of the earth's fresh surface water,
       -95 percent of North America's fresh surface water,
       -6 billion gallons of water discharged per hour via
        the St. Lawrence River.
      • Retention times for water in the lakes range from
       less than 3 years to over 200 years
      Resources
      • The Great  Lakes are the center of U.S.
       heavy industry.
      • $155 billion of economic activity occurs annually
      • $3 billion in recreational activity occurs annually
      • 24 million Americans depend on the lakes for
       drinking water
      Issues
      • Loss of commercial fishing continues.
      • Aesthetics and recreation are impaired.
      • Drinking water resources are affected
      • Public health risks from food consumption continue.
                                           CANADA
                                              GREAT LAKES
                                              BASIN AREA
                          CAKE SUPERIOR
                                                              QUEBEC
                                          LAKE
                                          HURON
                                1AKE
                                MICHIGAN
                   U.S.A.
/ LAKE
   ERIE
       LAKE ONTARIO
         J
Introduction
Recognizing the importance of the Great Lakes, the
U.S. and Canadian governments have operated a long-
term intergovernmental program to control direct and
indirect sources of pollution, monitor conditions, and
assess trends in the water quality and biological health
of the lakes.  By the late 1960's the effects of years of
pollution in the Great Lakes were alarming, particularly
in Lake  Erie and  Lake Ontario. Eutrophication -  a
natural process of nutrient enrichment and silting -
was accelerated by high levels of phosphorus entering
the lake. As a result, oxygen depletion was widespread
and many previously abundant fish species and other
aquatic organisms were virtually eliminated.
  By setting  pollution control goals that the two
countries could agree on, the Great  Lakes  Water
Quality Agreements of 1972 and 1978 have guided a
successful cleanup and restored  a viable fishery for
the world's largest freshwater system. These joint initia-
tives address conventional pollutants (such as plant
                       growth-inducing  nutrients)  as  well  as toxic  con-
                       taminants entering the lakes from land-based activities.
                       The nutrient control aspects of the program are dis-
                       cussed here.


                       Overview and  Characteristics of
                       the Problem

                       The Great Lakes contain 95 percent of the fresh surface
                       water  in North America. This vast resource supports
                       commercial and recreational fisheries, water supply,
                       shipping,  and  aesthetic  enjoyment. The  five  Great
                       Lakes,  their  interconnecting channels,  and the St.
                       Lawrence River outlet to the Atlantic Ocean are integral
                       components of the U.S. and Canadian economies. The
                       Great Lakes basin supports one fifth of all American in-
                       dustry. Over $180 billion in annual economic activity is
                       based on the Great Lakes: the Canadian portion of the
                       Great Lakes Basin accounts for $27 billion in economic
                       activity; the U.S. portion accounts for $155 billion.

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   In the past 170 years, the population of the Great
Lakes basin has increased more than  a hundredfold.
Today, the basin is home to nearly 37  million people,
comprising a third of the Canadian population and a
seventh of the American population. This growth was
accompanied by increasing point and nonpoint source
pollutant inputs to the ecosystem. By the 1930's, the
impacts of these pollutants were becoming apparent in
the biological, physical, and chemical components of
the Great Lakes ecosystem. Commercial fish species
(lake trout, blue pike, whitefish, sauger, and lake her-
ring) declined sharply; the once-abundant mayfly dis-
appeared from  western Lake  Erie,  Green Bay, and
Saginaw Bay;  and  populations of opossum  shrimp
vanished from Lake Erie. Algal production,  however,
not only  increased, but  shifted from  predominately
free-floating forms valuable as food for fish fry toward
more troublesome species typical of elevated nutrient
conditions. Long-term changes in both open-lake and
near-shore water chemistry reflected eutrophic condi-
tions from nutrient enrichment.
   The dramatic changes in fish communities and other
aquatic  organisms were directly linked to decreased
oxygen  levels. Linkages were  particularly well docu-
mented  in western Lake Erie, Green Bay, and Saginaw
Bay. In  the central  basin of  Lake Erie, for  example,
roughly 70 percent  of the bottom waters developed
pronounced oxygen deficits each year.

Program Development

The institutional framework for the Great Lakes clean-
up was actually established  in 1909 by a Boundary
Water   Treaty  between the   United   States  and
Canada. The treaty established the International Joint
Commission, which was asked in 1964 by the U.S. and
Canadian governments to study the water quality con-
ditions in  Lakes Erie and Ontario (the "Lower  Lakes")
and the St. Lawrence River. In 1970, the commission
reported its findings:
   • Lake Erie (and particularly the Western Basin) was already
    in an advanced state of eutrophication, and the
    eutrophication of Lake Ontario was accelerated. In both
    cases, current and historic nutrient loadings were at fault.
   • Phosphorus is the only nutrient required for growth whose
    level can be effectively controlled with current technology
    such as widespread improvements in existing municipal
    and industrial wastewater treatment plants.
_,  • The major phosphorus source to the lakes is municipal
    sewage; agricultural runoff and industrial wastes are the
    only significant nonsewage phosphorus sources.
   • Detergents contribute 70 percent of U.S. and 50 percent of
    Canadian sewage phosphorus.
   Based on these findings, the commission  recom-
mended  that the Governments of Canada and  the
United  States enter  into agreement on  an integrated
phosphorus control program, to include
   1 An immediate reduction in detergent phosphorus content (to
a minimum practicable level) followed by the complete replace-
ment of detergent phosphorus with environmentally less harmful
materials, by December 31, 1972;
   2. An 80 percent reduction in nondetergent residual phosphorus
in municipal and industrial waste effluents discharging to Lakes
         KEY COMPONENTS
              OF  NUTRIENT
       CONTROL STRATEGY
       •  PHOSPHATE DETERGENT BAN
           AGRICULTURAL NONPOINT
           SOURCE CONTROLS

           STRINGENT MUNICIPAL AND
           INDUSTRIAL POINT SOURCE
           CONTROLS
Erie and Ontario and the international portion of the St Lawrence
River by 1975, with subsequent reductions to the maximum extent
possible by economically feasible processes; and
   3. General reductions in agricultural inputs of phosphorus to
Lakes  Erie  and  Ontario  and the international  portion of the
St. Lawrence River.
   The findings and recommendations of the commis-
sion indicated the severity of the problem, the need for
major pollution control actions, and the need for broad
political support. To meet these needs, it was deter-
mined that an  international agreement must be forged
to implement a binational cleanup effort.  As a result,
the first Great Lakes  Water Quality Agreement was
signed by the  United States and Canada on April 15,
1972, agreeing to the need for a phosphorus reduction
program based on commission findings.
   Then during  the mid-1970's  additional  modeling
work was completed, which
   • Quantified how much phosphorus entered the system from
     point, nonpoint, and atmospheric sources and determined
     how many tons of phosphorus reduction per year would be
     needed to meet the target reduction in each lake;
   • Set target phosphorus concentrations for each lake to
     achieve a healthy ecosystem.
   Using these modeling tools, a new agreement was
signed in 1978 that
   • Allocated these phosphorus reduction requirements to each
     country, and
   • Determined how many tons of phosphorus reduction per
     year would be needed to meet the target concentration for
     each lake.

Control Program
Point  source controls, especially on municipal waste-
water treatment plants, provided the basic thrust of the
phosphorus  reduction  program.  A treatment level of 1
mg/L phosphorus in treatment plant effluent was est?L -
lished for all plants of 1 million gallons  per  day  o-
greater capacity under the 1978 agreement Reaching
this level required plants to use advanced wastewater
treatment. It  was also recognized that effluent control.
aione would not meet  the goals, and additional reduc-
tions  from agricultural nonpoint controls and  phos-
phate detergent bans would be necessary.

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   Although great progress occurred during the 1970's,
the 1983 update  of the Great Lakes Water Quality
Agreement   mandated  development  of  U.S.   and
Canadian   Phosphorus  Management  Plans.   The
U.S. plan, submitted in 1986, states that if nonpoint
source controls do not achieve the necessary addition-
al reductions in total phosphorus loadings (to be deter-
mined in a scheduled 1988 progress review),  municipal
treatment plants will be required to meet effluent phos-
phorus levels below the current 1 mg/L limit. The plan
further states that the  water-quality based controls
mandated in the  Clean Water Act will be implemented if
the combined effect of advanced wastewater treatment
and nonpoint source control do not meet the in-lake
phosphorus concentrations required by the agreement.

Responsible Authorities and
Financing
In the United States, the primary implementing agen-
cies are the U.S. EPA and the eight States  bordering
the Great Lakes. The Great Lakes National Program Of-
fice was  established within  EPA to monitor the  pro-
gress and effectiveness of U.S. efforts toward achieving
the goals of the agreement, as well as to provide techni-
cal  and management assistance to States, counties,
and local jurisdictions in implementing the agreement.
In Canada, primary responsibility for implementing the
agreement   rests  with  Environment  Canada   and
Ontario's Ministry of the Environment.
        In the United States,  new NPDES discharge permits
      were  issued for essentially all major point source dis-
      chargers in the 1974-1975 period. EPA tracked these
      permits with a compliance monitoring system to flag
      frequent or large violations. Compliance with the per-
      mitting  system was high, but Federal and State-level
      administrative  enforcement  (violation  notices,  com-
      pliance orders, etc.) was also a major factor in  the
      program's  success  in  achieving  phosphorus load
      reductions from point sources.
        Nonpoint control programs have centered on con-
      trolling  soil erosion. A variety of programs conducted
      by USDA  entities  (Soil Conservation  Service,  the
      Agricultural  Stabilization and  Conservation  Service,
      Forest Service, Farmers Home Administration, and the
      Cooperative Extension Service) to promote soil conser-
      vation and erosion control have proven useful. Several
      Federal/State/local cooperative demonstration projects
      have  been  conducted to test farm management prac-
      tices, such  as conservation tillage. A major field test of
      conservation tillage for phosphorus control was funded
      through EPA's Great Lakes Program Office (under sec-
      tion 108 of the Clean Water  Act) in 31 counties in In-
      diana, Ohio, and Michigan.


      Results

      Since 1972, over 1,000 municipal treatment plants have
      been  constructed  or upgraded. At the same time, in-
      Progress in Meeting  Phosphorus  Targets  (m metric tons/year)


                               LAKE SUPERIOR   Lake Superior's higher target
                                                 reflects lower initial loadings and
                           2650  3,160  3,400    its physical characteristics
                           1972    1982  TARGET
              LAKE MICHIGAN

               6,615
                      4,080
                            5,600
        LAKE HURON
4,520  4,690  4 36Q

•BH.
 1972    1982  TARGET


  21,170    LAKE ERIE
                                                              11,000
                                                                           LAKE ONTARIO

                                                                           17,530
                                                                                         7,000
               1972   1982 TARGET

            Lake Michigan's higher target
            reflects lower initial loadings and
            its physical characteristics
                              1972   1982  TARGET
                                                 1972   1982  TARGET
                                  TOTALS

                                  1972     52.485
                                  1982     33,170
                                  TARGET  31,360


-------
fluent phosphorus loads to these and other plants were
reduced through broad enactment of legislation to con-
trol phosphorus in household detergents. As a result,
most municipal wastewater point sources of over 1 mil-
lion gallons a day capacity have now achieved or ex-
ceeded the 1 mg/L effluent phosphorus limit and the
average point source phosphorus load reduction goals
of the agreement are being attained. As a result of the
phosphorus control provisions of the agreement, sig-
nificant decreases in phosphorus levels are reported in
all the Great Lakes. Excepting certain localized areas,
the Upper Lakes (Superior, Huron and Michigan) are
no longer overenriched. In the Lower Lakes, Lake On-
tario exhibits reduced overall phosphorus concentra-
tions and diminished algal biomass. In Lake Erie, the
levels of free-floating microscopic plants in the open
water  have decreased and  shifted  toward species
found in  balanced-nutrient systems. U.S. phosphorus
loadings to Lake Erie from municipal treatment plants
decreased  by 62  percent from 1972 to 1978, and by
1982 the load had dropped to only 16 percent of the
1972 level. Within five years of the 1972 agreement, 64
percent of the municipal treatment plants and 76 per-
cent of the industries on the U.S. side were in com-
pliance with the point source limits established to meet
the  goals  of  the agreement.  The  corresponding
Canadian figures were 89 percent and  50 percent,
respectively. To date, more than $7.5 billion have been
spent or  obligated in the United States and Canada for
municipal sewage construction in the Great Lakes
basin  (resulting in  an  80-90  percent  reduction in
municipal phosphorus loads), with another $1 billion
from local  governments and  industries.  In the United
States, the  majority of this  money has been spent
through the section 201 Construction Grants Program,
under the Clean Water Act.


Lessons Learned
A principal reason for the success of the Great Lakes
phosphorus control initiative was the degree of com-
mitment  made to  its objectives at the highest levels of
the affected governments. This commitment was back-
ed with  Federal  legislation  and a multibillion dollar
grant program.
   Anotheweason for the program's success was the
commitment of the government to continual response.
Within   two  years   of   the  International   Joint
Commission's 1970 report,  a  point  source control
program was in effect; within five years, enforceable
point source limits for all major municipal and industrial
discharges were  in  effect. Although  many  technical
questions  were  unanswered  in   1972, responsible
governmental officials on  both sides  of the basin
decided  that sufficient information existed to support a
coordinated, programmatic response. Further scientific
research on problem definition and understanding has
continued in parallel with, and with the financial support
of, the overall phosphorus control program.
  The Great Lakes Water Quality Agreement provides
the legal basis for nutrient management of the Great
Lakes ecosystem.  Under the authority of the agree-
ment, the Great Lakes National Program Office reviews
major municipal and  industrial point source discharge
permits for adherence to the phosphorus management
goals of the agreement. This unique feature ensures
that local dischargers  conform to the terms of the
agreement.
Development  of Great  Lakes
Phosphorus Strategy
                                          A987



            Co«^V70 "a**"*!IW xws
  For further information contact: Dr. Martin P. Bratzel, Jr., Inter-
  national Joint Commission, Windsor, Ontario; or Paul Horvatin,
  EPA,  Chicago;  or  Mark  Alderson,  EPA Project  Officer,
  Washington, DC.

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 United States
 Environmental Protection
 Agency
 National Estuary
 Program
Strategies for the Preservation
of an Estuarine Watershed
Preserving watersheds through land purchases
and protective designations
                              APALACHICOLA BAY/FLORIDA
      Characteristics
      • The estuary covers approximately 210 square miles.
      • The basin drains 19,600 square miles in Alabama.
        Georgia, and Florida, with 12 percent of the basin
        in Florida.
      • The Apalachicola River is the largest river in Florida
        in terms of flow.
      • Forty percent of the Apalachicola Bay is suitable
        for growing oysters.
      Resources
      • The bay produces 90 percent of the Florida oyster harvest,
        and 10 percent of the national harvest.
      • The bay is a major spawning ground for blue crab
        and shrimp.
      • Annual seafood landings in Franklin County
        (which surrounds the main estuary) are valued in
        excess of $14 million.
      • The upper basin is an area of unusual biological diversity
      Issues
      • The pollution and proposed dredging projects threatened
        the bay's productive seafood industry.
      • Protection and  preservation of the river and bay floodplain
        and sensitive areas around the bay became a priority of
        the State and local  authorities.
      • Maintenance of existing flow from northern States was
        threatened.
                                             L
                                                        sc
                                                 GA
                                APALACHICOLA
                                RIVER BASIN
Introduction
The  Apalachicola  River  basin  may  be  the  most
protected estuarine system  in the United States. For
over 10 years the State of Florida,  in conjunction with
Federal and local authorities, has taken a variety of ac-
tions to preserve the relatively  pristine Apalachicola
drainage  basin. The protection of the unique natural
resources of  the  Apalachicola system has been ac-
complished by three major types of actions including
(1)  land  acquisition,  (2) establishment  of  protective
designations, and (3) basin management. Extensive re-
search to document the ecology of the Apalachicola
Bay system helped focus basin management actions.
  The Apalachicola River is formed  by the  conver-
gence  of the  Chattahoochee and  Flint Rivers, which
originate  in northern  Georgia.  The  river drains into
Apalachicola Bay which produces 90 percent of the
State's oyster harvest; is a major spawning ground for
blue crab and shrimp; and also provides a finfish (spot,
croaker, and sea trout) harvest. In the early  1970's the
Apalachicola  system  was   threatened by  proposed
                       navigation projects that would substantially modify the
                       river's hydrodynamics, clear-cutting in the lower basin
                       that would  increase  sediment  and nutrient loads,
                       development pressures, and poor sewage treatment.

                       Overview of Boy Characteristics
                       and Problems
                       The Apalachicola estuary is located on the Gulf Coast
                       of  Florida at the  mouth  of  the Apalachicola-Chat-
                       tahoochee-Flint (ACF)  River system.  The  estuary is a
                       relatively shallow lagoon and barrier island system. It
                       has an average depth between 6 and 9 feet, and covers
                       approximately 210 square miles. The waters of the ACF
                       basin are used for diverse purposes, including com-
                       mercial  and recreational fishing;  commercial naviga-
                       tion; recreation; hydropower; municipal, industrial, and
                       agricultural water supply; sewage effluent discharge;
                       and fish propagation.
                         The major urban areas are in Georgia and Alabama,
                       whereas the Florida portion of the basin is  sparsely
                       populated. The six  Florida counties adjacent to the

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 basin have low population densities of 30 people per
 square mile and are predominately forest.
  rln the early 1970's, periodic closings of the oyster
 beds in Apalachicola Bay threatened the viability of the
 local seafood economy.  The sewage treatment plant
 often discharged raw sewage to Apalachicola Bay. At
 the same time, the Corps of Engineers proposed  con-
 structing four dams in the Apalachicola River. Concerns
 about the freshwater retention incorporated  in these
 proposals increased  the  interest of the  local citizens.
 Proposed land  development for the  area added  to
 these concerns.

 Major Components oi the Program

 Protection efforts focused on land acquisition, protec-
 tive designations, basin management, and research.

 Land Acquisition
 Public land acquisition has proven to be a cornerstone
 of the  effort to protect  the Apalachicola  ecosystem.
 Over 100,000 acres of land have been purchased for a
 variety of purposes.There are currently two State  land
 acquisition programs active in the region: the State's
 Conservation and Recreation Lands Program (CARL),
 and the Save Our Rivers Program.
   These programs have purchased  lands along the
 river floodplain, the lower portion of the river, the bay
 front, and nearby islands.
   In CARL, the State has purchased 14,475 acres for
 $6.4 million.   Under  Save Our Rivers, the State  pur-
 chased over 35,000  acres of bottomland hardwood
 swamp for $10.3 million and is negotiating for the pur-
 chase of 42,000 more acres of floodplain. An additional
 31,863 acres were acquired through an earlier program
 at a cost of $22.8 million. Additional acquisitions around
 the bay have a high ranking on the current CARL list.
 The  Florida  Department of  Natural  Resources  is
 responsible for the selection and negotiations for  land
 acquisition; however, all final purchases must be ap-
 proved by a six-member interagency committee that in-
 cludes the Governor and his cabinet.

 Protective Designations
 State,  Federal, and  international protective designa-
 tions have also been instrumental in protecting the  river
 and bay.  Each of these designations serves a different
 role in protecting the system.   Together,  they have
 drawn attention to the system, which has  impacted per-
 mit, treatment,  and land use decisions.  The  primary
 designations used have been Aquatic Preserve,  Out-
 standing  Florida  Water  (OFW),   National Estuarine
 Research Reserve (Sanctuary), Area of Critical State
 Concern, and International Biosphere Reserve.

Basin Management
 An effort to  manage the basin  as  a  system  was
 proposed by the Northwest  Florida Management  Dis-
trict in 1976, but received no support.  In 1979, when
 ...  /..^i^hi^i,,  PRtnarv  was declared  a National
   Major Protective Designations


   Outstanding Florida Water

   The majority of the Florida portion of the basin is designated as
   Outstanding Rorida Water. This designation prevents a per-
   manent point source discharge from degrading the receiving
   water.  The OFW designation imposes reduced allowances for
   waste disposal and assimilation. It restricts new long-term pol-
   lutant discharges such as sewage, industrial effluent, dredging,
   and filling. OFW restrictions help to ensure that recreational and
   ecological integrity of the area are preserved.

   National Estuarine Research Reserve

   Through the Office of Coastal Zone Management the lower
   Apalachicola River and Bay was designated as a National Es-
   tuarine Sanctuary, now known as National Estuarine Research
   Reserve. The Apalachicola Reserve is the largest in the country:
   193,758 acres, or twice the size of the other 17 reserves com-
   bined. The Apalachicola Reserve includes floodplain, fresh and
   saltwater marshes, open water, and barrier islands. Through
   this program Federal and State funds are used for land acquisi-
   tion, research, and education. The Apalachicola National Es-
   tuarine Reserve  Advisory Council (ANERAC),  an 11-member
   board, serves as a forum  for coordination among local inter-
   ests, State environmental  agencies, and the Federal govern-
   ment. The Estuarine Research Reserve plays a key role in the
   effort to use scientific understanding to manage the resource.

   Area of Critical State Concern

   The Apalachicola Bay area was designated an Area of Critical
   State Concern through the Apalachicola Bay Area Protection
   Act. This designation allows for State oversight and control of
   government decisions and ordinances. The intent of the act is
   (1) to protect the water quality of the bay area, (2)  to financially
   assist Franklin County and its municipalities in upgrading and
   expanding their sewage systems, (3) to monitor activities in the
   area to ensure resource protection, and (4) to educate the resi-
   dents of the area in order to preserve its natural resources. The
   act also puts the Resource Planning and Management Commit-
   tee in an advisory role to support Franklin County in enacting
   land development regulations related to stormwater systems,
   correct onsite  sewage treatment systems, and  develop a map
   of pollution-sensitive segments of the critical shoreline Since
   its designation the county has imposed an ordinance which
   provides a buffer between land development and the estuary
   The Apalachicola Bay Area Protection Act also provided money
   to upgrade the municipal sewage system in Apalachicola.

   Aquatic Preserve

   The estuary was designated an aquatic preserve in 1975 This
   designation requires the State to develop a management plan
   to ensure the long-term protection of the aquatic resource.

   International Biosphere Reserve

   This international recognition for the area by the United Nations
   was received in 1984
management was connected to the release of Federal
funds.
   In 1982, interest in systemwide management of the
basin was revived by the Department of Environmental
Regulation.  In 1983, an interstate Memorandum of Un-
derstanding  (MOU) was signed by Florida,  Georgia,
and Alabama to develop a basinwide drought manage-
ment plan, a water management strategy for the sys-
                     maintenance plan.

-------
o
         In 1983, the Governor appointed an Apalachicola
       Task Force to work under the Coastal Zone Interagen-
       cy Management Committee (IMC) to deal  with the
       problem of frequent closing of the bay to oystering be-
       cause of sewage. The task force membership includes
       the Department of Community Affairs, the Department
       of Health  and  Rehabilitative Services, Department of
       Commerce, Department of Natural Resources, and the
       Department of Environmental  Regulation. This  task
       force was instrumental in developing the Apalachicola
       Bay  Protection Act of 1985, which  designated the
       region as an Area of Critical State Concern.
         The Navigation Maintenance Plan helped resolve a
       10-year-old  disagreement  between  Florida, which
       resisted year-round use of the river channel on environ-
       mental grounds, and Alabama, Georgia, and the Corps
       of Engineers, which felt Florida's resistance was sup-
       pressing the  regional economy.  The  plan  allowed
       navigation if no further degradation of the environment
       occurred.  Some  proposed  structural  modifications
       were abandoned and maintenance practices revised to
       meet this  goal. The Corps finally judged that, without
       !'^e structural modifications,  flow was not sufficient for
       .ear-round use in most years.
            Area Designated for Protection
Responsible Authorities
and  Financing

Major funding and consistent research support have
come from the Florida Sea  Grant  College (National
Oceanic and Atmospheric Administration) and Franklin
County Board  of  Commissioners.   Supplementary
funding has been provided by private industry as well
as by State and Federal agencies.
   Many  of  the  initiatives to  protect the  system
originated in the Florida Department of Environmental
Regulation. In 1979, the Department hired a staff per-
son dedicated to coordinating and resolving problems
impacting the river and bay system.  After a year, fund-
ing for this position was covered by a grant from the
Office of Coastal Zone Management until 1985 when
the position was made permanent by the Apalachicola
Bay Protection Act.  Through this position the Depart-
ment has helped initiate a comprehensive program to
manage and protect the system. Money for the CARL
Program comes from taxes on minerals, oil and gas,
and possibly from real estate taxes  in the near future.
This money is put into a trust fund for land acquisitions
and drawn on as needed. An estimated $40 million in
revenue will be put into the CARL program this year.

Process

In the early 1970's a broad-based effort to protect the
Apalachicola ecosystem was undertaken  because the
people of Franklin County recognized the need for a
management program to protect this resource.
   In  1972,  a  field monitoring program  began   in
Apalachicola Bay to gather scientific information for the
purpose of applying it to practical problems. Scientists
from Florida State University, United States Geological
Service,  Fresh  Water Fish and Game Commission,
Department  of  Environmental Regulation, and many
others have  investigated  biological,  chemical, and
physical  characteristics of the river and bay.   Major
contributions for this research have come from Florida
Sea Grant College (National Oceanic and Atmospheric
Administration) and the Franklin County Board of Com-
missioners.  This monitoring project has continued  for
over 10 years and continues today.
   Local efforts to protect the area have included adop-
tion of county-wide zoning regulations in the  1970's
and a comprehensive plan in 1981 in Franklin County.
The State and the Northwest Florida Management Dis-
trict efforts have included land acquisitions, a number
of protective designations, and a  resource planning
and a management committee.
   A critical factor  influencing long-term protection of
the  resource  is  communication  and  coordination
among all involved parties. Over the past decade, the
State has made a  considerable effort to  involve local
county commissioners, developers,  the scientific com-
munity, and the public in the decisionmaking process.
In 1977, the Apalachicola River Committee was formed
to brina the Dp.narfmpnts nf Fnvirnnmpntal Rpnn!atinn

-------
                                    xted
     Key Steps in Preserving
     Apalachicola Bay
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and Natural Resources and other State and local agen-
cies  together to strengthen  local  planning efforts
through the provisions of data and technical assis-
tance.  Representatives en the committee included the
six counties bordering the river, and State and Federal
resource agencies. It was chaired by the Apalachee
Regional Planning Council. The committee was espe-
cially  concerned  with navigation issues  and since
Florida law required local government approval of
dredging permits, the committee wielded some power.
  In conjunction with the Memorandum of Under-
standing adopted by the three States and the Corps in
1983, an Interim Coordinating Committee consisting of
representatives of each State and the Corps was estab-
lished.  This  committee  was  responsible for dealing
with interstate water management and navigation is-
sues and was intended to terminate after three years.
However, since the arrangement has worked well, all
parties agreed to continue the committee as the Inter-
state Coordinating Committee.  The final  Navigation
Maintenance Plan (NMP) adopted by this committee in-
cluded a provision requiring that before any measures
listed  in the NMP are  implemented in Florida, public
meetings would be held in the affected areas to provide
information and to receive public input.

Results

Efforts to date have left  hope  and optimism that the
foundation exists for the Apalachicola system to be
protected over the long term. Continued work is neces-
sary, however, and results are contingent upon the in-
volvement and acceptance of the effort by local
government and citizens.
  To date the State has purchased over 85,000 acres
in the basin. At least 40 percent of floodplain is publicly
owned and by the end of 1987 it is hoped that almost
90  percent  of the  wetlands  in  the  Apalachicola
floodplain will be  publicly owned.   Efforts to acquire
more land in the Apalachicola basin will continue, but it
is uncertain  how  much additional land will be pur-
chased.  By the end of the land acquisition program the
State hopes to have the floodplain of the river intact
and in public  ownership.
  Protective  designations have brought significant at-
tention  to the system and  have provided  some
measure of protection to the area. These designations,
however, can lull  the  public  into a false sense of
security.  For example,  many  people  mistakenly
believed the  Estuarine  Reserve would  impose strict
limits and controls  on  anything and everything that
would harm the estuary. The Reserve actually has no
authority to  regulate  development,  but  instead
promotes research and education.
  Perhaps most important, all parties are interested in
continuing and expanding efforts to protect the system.
Several State agencies  have full-time staff  specifically
assigned to working on the system, as does the Florida
Defenders of the Environment.

Lessons Learned

The Apalachicola experience shows that a river basin
can be managed and protected. Litigation, acquisition,
the  State permitting  process,  the education of local
citizens,  planning  and management, and public pres-
sure have all played major roles in this effort. The com-
bined efforts of local, State, Federal,  and university
programs in the Apalachicola River basin have been ex-
tremely important.
  The education of all concerned parties has been a
key to the program's success. There  has  been  little
turnover among State and Federal agency staff, with
many having five to 10 years experience working on the
system.  Consequently, many  have  become quite
knowledgeable about the system. And, after  dealing
with  resource management issues in the basin for the
past 10 to 15 years, county officials have also gained an
appreciation  for the  system's  ecology  and have  in-
tegrated  this  to some extent into the decisionmaking
process.
  For further information contact Pamela McVety, Florida Depart-
  ment of Environmental Regulation, Tallahassee; Stephen Leit-
  man, Florida Defenders of the Environment, Tallahassee; or
  Mark Alderson, EPA Project Officer, Washington, DC.

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United Stales
Environmental Protection
Agency
National Estuary
Program
                     A Comprehensive Source
                     Control Program
                     for Protecting Shellfish Waters
                     Citizen action preserves shellfish resources
                             T1LLAMOOK BAY/OREGON
                                                                          F€CAL COUFORM
                                                                          REDUCTIONS IN
                                                                          TJUAMOOK RIVERS
Characteristics
• The basin has five individual watersheds containing
 363,520 acres:
 -89 percent forestland
 -6 percent agricultural land with intensive dairy
  farming adjacent to the bay.
• Annual precipitation averages from 90 to 150 inches
Resources
• Tillamook Bay is the most productive oyster and clam
 growing water in Oregon.
• Lowland areas are used intensively for dairy farming.
• Recreational activities (e.g., boating, fishing) attract
 more than a million tourists each year.
Issues
• Concentrated livestock wastes and the region's
 wet weather create severe runoff problems and
 contaminated conditions.
                                                                                  % REDUCTION
                                                                          KILCHIS  •    30%
                                                                          MIAMI       78%
                                                                          TRASK       62%  .
                                                                          TILLAMOOK *" 58%
                                                                          WILSON      53%
Introduction
The State of Oregon has implemented a program to
protect the shellfish in Tillamook Bay from recurring in-
cidents of  bacterial contamination. Tillamook Bay is
Oregon's most productive oyster and clam growing
area-80 percent of the  State's commercially har-
vested  oysters come from  its  waters. The State
program, which has been supported by Federal agen-
cies and local  governments, focuses on controlling
point and nonpoint pollution sources.
  The towland areas surrounding the bay are neither
highly industrialized  nor densely populated  overall.
Several  small  towns exist, but most of the  land is
devoted  to intense dairy farming. Runoff from agricul-
tural operations in combination with sewage treatment
discharges from the local towns had created the bac-
terial contamination problems in  Tillamook Bay. High
fecal coliform contamination threatened shellfish har-
vesting and the local economy.
  The Oregon Department of Environmental Quality
and others addressed the problem by implementing
                                           best management practices on the dairy farms and
                                           upgrading local sewage treatment plants to  control
                                           bacterial pollution. These actions  have kept the bay
                                           open for safe shellfish harvesting.

                                           Overview of Bay Characteristics
                                           and  Problems
                                           Tillamook Bay drainage basin is located 60 miles west
                                           of Portland on the northern Oregon coast.  Five major
                                           rivers drain 97 percent of the basin and discharge to Til-
                                           lamook Bay. Most of the bay is shallow. At high tide the
                                           bay's average depth is  just 6 feet; at extreme low tide,
                                           water is confined mostly to the narrow channels. Ninety
                                           percent of the basin is steep,  mountainous, forested
                                           terrain and sparsely populated. Eight percent of the
                                           land area is relatively flat and  devoted to agriculture
                                           and population centers.
                                             Shellfishing in Tillamook Bay includes  recreational
                                           and commercial clamming, and commercial oyster har-
                                           vesting. Annual harvest approaches 600,000 pounds of
                                           clams  and 175,000 pounds of oysters. The bay and its

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tributaries  support  a good finfishery  for  salmonid
species (chinook, silver chum, salmon, and steelhead).
Because of the  popularity of the northern Oregon
coast, many tourists camp, fish, and bike along the
bay.
   In the lowlands, 118 farms with nearly 20,000 cattle
line the lower portion of the Tillamook watershed. Ap-
proximately 13,000 people live in the bay basin. A little
less than half the population is served by sewers; the
remainder uses on-site sewage  systems. Together, the
presence of concentrated livestock wastes (280,000
tons of manure per year) and the region's wet weather
(average rainfall  90-150  inches per  year)  created
severe problems of bacterial poHution via runoff.
   Following moderate to large storms, fecal coliform
counts were often high in the  bay. Coliform bacteria
reside in the intestinal tract of warm-blooded animals;
their abundant presence in water indicates significant
fecal  contamination.  In addition, when fecal coliform
counts  are  high, other  more  harmful  bacteria and
pathogens  from warm-blooded animals may also  be
present. These high bacterial counts are the basis  for
closing  the  bay to shellfish harvesting.  The bacterial
problem created a serious human health hazard and
threatened an important industry.


Problem Characterization

In 1979, a  program between the Tillamook Soil and
Water Conservation District and the Oregon Depart-
ment  of Environmental Quality was set up to monitor
water quality in the bay. This program  included a
review of  existing data  and collection  of additional
water quality data. Using information gathered during
the initial  study, the Department  of  Environmental
Quality conducted a project to specifically identify the
sources, extent, and dynamics of fecal pollution occur-
ring in the bay and its watershed. During the investiga-
tion six  major potential fecal sources were examined:
(1) sewage treatment plants, (2) recreation, (3) forestry
activities, (4) industries, (5) agricultural operations, and
(6)  on-site  subsurface sewage disposal systems. A
comprehensive Tillamook Bay  Fecal Waste Manage-
ment  Plan was developed for protecting the shellfish
resource.
  The study concluded that fecal coliform  bacteria
detected in  the bay originated from farms (manure),
poor  sewage treatment plants  in the river subbasins,
and inadequate subsurface drainage.  Of these, the
study  identified  malfunctioning  sewage  treatment
plants and dairy operations as the primary sources.

Process

The Tillamook study was conducted through a  com-
bined effort of Federal, State, and local government offi-
cials and the cooperation of the local  dairy industry.
Local citizens  were actively involved throughout the
study and  development  of  a  management plan. A
group of citizens  met regularly  to review the data col-
     Key Steps to Restore
     Tillamook Bay
lected and analyzed  by the Department. These same
people also worked cooperatively with the Department
and  the Soil  Conservation  Service to  develop the
management  options  for  controlling the  problem.
Dairymen working  with the Soil Conservation Service
helped develop the solutions to the dairy problems.
County   and  State  sanitarians  developed  control
strategies for the septic tank problems. Sewage treat-
ment plant owners  and  operators  developed  the
strategy for minimizing impacts from their plants.
   Meetings as well as phone  calls and personal con-
tacts with the study team have involved the public in
the  policymaking  process.  Implementation of  the
management plan was rendered less controversial and
more effective  because the local citizens knew why a
control plan was necessary and were able to communi-
cate their concerns and contribute their suggestions
from the beginning. A local coordinating committee, in-
cluding both State and local officials, continues to meet
regularly to discuss the progress of the program. The
County Extension Service also organizes important in-
teragency meetings (EPA,  FDA,  DEQ). The Extension
Service conducts a comprehensive educational and in-
formation program, including media releases, talks to
civic groups, and tours. These tours are often for other
farmers from outside  the county who are interested in
the practices being used in the Tillamook area.

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c
Management Plan Development
and Implementation

Interested citizens and the Department of Environmen-
tal Quality developed three management  options to
control shellfish contamination: (1) closing  the bay to
harvesting of shellfish until the problem corrected itself;
(2) initiating new types of corrective actions aimed at
reducing the pollution potential of the identified fecal
sources and developing harvesting criteria for the bay;
or (3) strengthening existing pollutant control programs
and developing harvesting criteria for the bay. The last
option was chosen because it was the most cost-effec-
tive and did not negatively impact the shellfish industry,
which  already had self-imposed  limited  harvesting
during critical runoff periods.
  Recognizing  the  need  for  immediate  action  to
protect the public health and the long-term nature of
the cleanup, the Department adopted a standard pro-
cedure for determining when to open or close the bay
to shellfish harvesting. This procedure relied on  five
criteria that were developed by the Department  of En-
vironmental Quality and  State Health Department. Any
one of these criteria could be used to close shellfish
beds for 5 to 10 days. The bay is automatically closed
when a sewage treatment plant bypass or malfunction
occurs, during high river flow, and during periods of fre-
quent rainfall.
  Since the dairy waste was  considered to be one of
the most pervasive problems, the Soil and Water Con-
servation District and the dairy community developed
an extensive cleanup plan to address the animal waste
problem. The strategy  relied on two principles:  (1)
prevent rainwater and clean surface water from coming
into contact with manure, and (2) when this is not pos-
sible, prevent contaminated surface water from reach-
ing the streams or the bay. To implement the plan, 109
dairy farms were designated  as critical dairies.  To
achieve the goal of a 70 percent reduction in fecal
coliform loading, all critical dairies were encouraged to
undertake best management practices (BMP's). Each
farmer developed individual farm water quality  plans.
Each plan addressed the water quality problems of that
farm, best management practices that would be used
to alleviate them, and a 3- to 10-year schedule for im-
plementing the practices.
   To ensure that the most critical sources were treated
first, each farm was ranked based on factors such as
the distance of confinement areas to open water, the
acreage  of poorly drained soils where  manure is
spread, the number of cattle per acre, and the farm's
location in the watershed and floodplain. The BMP's
applied by farmers  included installing solid and liquid
manure storage facilities,  roofing animal  manure ac-
cumulation areas,  erecting streambank fencing,  and
managing roof water.
   The other  critical  problem  identified in  the plan
sewage waste, was addressed by the Department of
Environmental Quality. Sewage treatment levels were
determined to be adequate, but malfunctioning equip-
               Controls  Implemented
               in Tillamook Basin
                               MALFUNCTIONS CORRECTED
                              IN SEWAGE TREATMENT PLANTS
                                                                           SEPTIC SYSTEMS IMPROVED
                                              ADDITION OF GUTTERS
                                              ON BARNS CONTROLS
                                                   RUN OFF
                  FENCES BUILT
                 TO KEEP CATTLE
                 OUT OF STREAMS
                                                            UNDERGROUND
                                                            STORAGE TANKS
                                                             INSTALLED
                                                        FOR MANURE

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 ment problems did occasionally occur. To rectify the
 problem, alarms and shutdown devices were installed
 at  the  sewage treatment  plant.  The Fecal Waste
 Management Plan instituted procedures to notify health
 officials of malfunctions so that shellfish beds could be
 closed. In addition, many failing septic systems have
 been eliminated as a pollution source by the expansion
 of a municipal sewer line.
   The Fecal Waste Management Plan and Bay closure
 criteria were adopted by local and State agencies in
 July 1981. The criteria were implemented in 1982. Cur-
 rently, the closure criteria are being re-evaluated based
 on continuing fecal coliform monitoring results.
                  TILLAMOOK BAY
           RURAL CLEAN WATER
                    PROJECT
         LOCAL COORDINATING COMMITTEE
           COUNTY
            ASC
         COMMITTEE
   AGRICULTURAL
   STABILIZATION
AND CONSERVATION
      SERVICE
              COUNTY
             EXTENSION
              SERVICE
       SOIL
  CONSERVATION
     DISTRICT
                    OREGON
                 DEPARTMENT
              OF ENVIRONMENTAL
                    QUALITY
                                   SOIL
         TILLAMOOK          CONSERVATION
           COUNTY                SERVICE
         CREAMERY
        ASSOCIATION
Responsible Authorities and
Financing
Funding  for the  program  came from  a variety of
sources. The Tillamook Bay bacteria and water quality
management plan study were originally funded by U.S.
EPA 208 funds. Upgrades  to the Tillamook sewage
treatment plant were financed through EPA construc-
tion grants. The nonpoint cleanup  effort was funded
through USDA's Rural Clean Water Program,  which
provided a cost-share of up to 75 percent of the land-
owners' costs. The local Agricultural Stabilization and
Conservation Service has received more than $4 million
through this  program to assist dairy owners in the im-
plementation of BMP's. The farmers have also com-
mitted more than $3 million of their own money to sup-
port this effort. In 1986, the Department of Environmen-
tal Quality and the Soil and Water Conservation District
began a new  monitoring program funded by U.S. EPA
205(j) funds to assess the effectiveness of the manage-
ment plan.

Results
Water quality and fecal contamination levels are im-
proving basinwide from  cleanup activities. Although im-
plementation is not yet complete, the project has been
able to show significant water quality improvements in
both the rivers and the bay. In 1985 bay closures were
invoked less frequently,  and employment in Tillamook's
oyster industry was the highest since 1952. Industries
and dairy farming are still open for business.
   Best management practices are working and water
quality  conditions are  approaching  desirable levels.
Work on the farms is 45 to 50 percent complete.
Recent water quality data analysis shows that fecal
coliform contamination  of the bay has  already been
significantly reduced between 1980 and 1985. Based
upon the projected level  of BMP implementation and
the decline  of fecal coliform concentration  already ob-
served,  it appears that by 1991  Tillamook Bay  will
routinely meet shellfish water  quality standards, al-
though unusual weather conditions could cause a tem-
porary problem.

Lessons Learned
Continued  improvement  of the water quality  is ex-
pected for  Tillamook Bay and its tributaries. With the
knowledge  of who, how, and when sources of pollution
operate and discharge  in a watershed and bay, point
and nonpoint source discharges can be controlled to
protect a shellfish industry.
   The success of the plan is attributable to a number
of factors:
   • The County Extension  Service Soil and Water Conservation
     District, the Agricultural Stabilization and Conservation
     Service, Soil Conservation Service, and the Creamery
     Association worked together closely from the beginning of
     the program. These agencies worked cooperatively to
     create strong public involvement. The involvement of local
     citizens throughout all  phases of the project fostered local
     pride in the accomplishments and, more important,
     fostered a pride in the  livability of the Tillamook area.
   • Cost-sharing money became available and was adequate to
     show immediate progress.
   • The project was very closely tied to an important resource,
     which made the community highly interested.
   • The solutions were fairly easy to develop and implement.
Q
                             For further information, contact John E. Jackson, Department
                             of Environmental Quality, Portland, OR; or John van Calcar,
                             U.S. Department of Agriculture, Portland, OR; or Mark Aiderson,
                             EPA Project Manager, Washington, DC.

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i
United States
Environmental Protection
Agency

Office of Water

National Estuary
Program
Maryland's  Critical Area  Program
Managing aquatic resources by controlling land-based activities
                                     CHESAPEAKE BAY
      Characteristics
      • The area includes 2,900 miles of shoreline and
       614,000 acres of land.
      • Land usage includes:
       -35 percent tidal wetlands
       -25 percent agricultural lands
       -28 percent forest
       -12 percent developed area.
      Resources
      • Over 200 species of finfish and shellfish inhabit the
       bay at some point in their life cycle.
      • Bay produces 50 percent of blue crabs and 33
       percent of oysters harvested in the United States.
      • Canada geese, ducks, and other migratory
       waterfowl find winter habitat in the bay area.
      Issues
      • Development is increasing in the critical area of coastal
       counties at twice the rate outside critical area.
      • Loss of wildlife habitat is a continuing problem.
      • Nonpomt source pollution has been identified
       as major problem.
      • Fish and shellfish resources are declining.
                                                              LAND AREA IN
                                                              MARYLAND'S CRITICAL
                                                              AREA PROGRAM
                                                                                             -\
       Introduction
       The Critical Area Law focuses on land-based activities
       as a source of problems  in Chesapeake Bay water
       quality. It is a program designed to balance the pres-
       sure for new development while checking its potential
       to increase the amounts of pollutants entering the bay
       from disturbed  areas. Equally important, the  Critical
       Area Law emphasizes the need to preserve the bay
       area's richly diverse habitats for fish, wildlife, and plants
       and to use its resources wisely.
          Historically,  the  Chesapeake Bay has  provided
       generous harvests of high quality seafood, abundant
       water-based recreation, deep international shipping
       lanes supporting Maryland  and Virginia's industrial
       base, and a haven for wildlife. Rapid population growth
       and  development and associated  pollutant and sedi-
       ment loads have threatened the bay's water  quality,
       natural habitats, shoreline, and commercial integrity.
          In the early 1980's, subsequent to the release of the
       Chesapeake Bay Program's research findings,  con-
       cern for the bay was high  - as demonstrated by the
                                                   passage of 34 legislative and budget measures in the
                                                   State of Maryland for bay cleanup. The Bay Critical
                                                   Area Law was a major component of this initiative.

                                                   Overview of Bay Characteristics
                                                   and Problems
                                                   Located on the Atlantic coastal plain, the Chesapeake
                                                   Bay drains over 150 rivers in a 64,000 square mile area.
                                                   The  lands  surrounding  the  bay  support  diverse
                                                   uses: farming, forestry, industry, recreation, urban and
                                                   suburban development,  and unique natural  habitats.
                                                   Since the 1950's, these lands  have developed rapid-
                                                   ly. In fact, in Maryland, 17 percent of new coastal coun-
                                                   ty development has occurred on only 9 percent of the
                                                   available land area — within 1,000 feet of shoreline.
                                                      The health of the bay has been  declining. Evidence
                                                   includes decreased  stocks of bay anadromous  fish
                                                   species and degraded water quality, particularly in the
                                                   upper Chesapeake Bay and tidal  estuaries.  In these
                                                   areas,  increased  nutrients  have  lowered available
                                                   oxygen  for  fish  and aquatic  life;  sediment  has

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   decreased  available  light  for  submerged  aquatic
   vegetation and shipping lanes and other channels; and
 •  toxic substances have reduced species diversity.

1  The Chesapeake Bay
   Critical Area Law

   By passing the Chesapeake Bay Critical Area Law, the
   Maryland General Assembly recognized that land uses
   near the water's edge have important consequences
   for water quality and wildlife habitat. The law
      • Identified lands within 1,000 feet of mean high water or
        landward of tidal wetlands as a "Critical Area";
      • Defined goals to reduce the impact of development on
        water quality as well as on fish, wildlife, and plant habitats;
      • Created an intergovernmental framework for
        comprehensive land use planning and habitat protection.

     The law also established a commission of 25 mem-
   bers to develop criteria for implementing the program.
   The criteria established three broad categories for land
   use. The law requires  local jurisdictions to  develop
   programs to manage lands in the three categories as
   specified by the characteristics and criteria developed
   by the commission. The management of these lands is
   to include measures to address land cover and imper-
   vious surfaces; buffer areas; setbacks; open space,
   water access, and recreation areas;  and timber har-
   vesting. Each jurisdiction must submit its program to
   the Critical Area commission for review.
                Goals
                The implementation criteria, which were drafted by the
                commission with  substantial public  contribution and
                approved  by the  State  General Assembly,  address
                three  resource  management  issues:  development,
                resource utilization, and resource protection.
                       GOALS  OF THE PROGRAM
                       MANAGING      UTILIZING    PROTECTING
                     DEVELOPMENT  RESOURCES  RESOURCES
                   Managing  Development. The commission desig-
                nated  three  broad  land use categories:  Intensely
                Developed, Limited Development, and Resource Con-
                servation Areas. In general, the rationale was to direct
                new growth in the Critical Area to already built-up areas
                because this would minimize the impact of growth on
                protective land uses and  natural habitat. In the Limited
                Development Area, the existing pattern of development
                could continue, but the commission developed criteria,
                often in the form of performance standards, so that im-
                pacts to water quality and natural habitats  would be
          Characteristics of Land Classifications in Critical Area, and Criteria for Management

         Intensely Developed Area          Limited Development Area         Resource Conservation Area
        Characteristics
        • Dense residential, institutional,
          commercial, or industrial uses
        • 4 or more dwelling units per acre
        • Public sewer and water serving 3 or
          more  housing units per acre

        Applicable Criteria
        • Reduce pollutant loadings by at least
          10% from predevelopment loads
        • Reduce nonpoint impacts to streams
          and tidal waters from redevelopment
        • Protect remaining wildlife and fish
          habitats
Characteristics
• 1 dwelling unit per 5 acres up to
  4 per acre
• Areas with public sewer, or water, or both
• Mixture of land usage—not dominated
  by agriculture, wetlands, forest, or
  open space
Applicable Criteria
• Replace cleared forest land on an
  acre-for-acre basis
• Restrict removal of existing forest land
  to 20% when development occurs
• Restrict impervious areas to 15% of
  the land area being developed
• Encourage clustering of dwelling units
  to conserve natural habitats
Characteristics
• Housing density of less than 1
  dwelling unit per five acres
• No public sewer or water
• Primarily open fields, wetlands, forest,
  and agriculture
Applicable Criteria
• Limit residential development to an
  overall density not to exceed 1
  dwelling unit per 20 acres
• Encourage agriculture and forestry

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/
t
minimal.  The Limited Development Area was defined to
include areas containing the protective land uses and
natural habitats. The commission then considered the
question of how to accommodate some development
in the Resource Conservation Areas but still maintain
such uses.
  The law required local jurisdictions to assign their
lands in the critical area to one of three categories by
December 1985.
  The criteria also allow for development of pre-exist-
ing  lots   and   subdivisions  through   grandfather
provisions and for expansion of development. Intensely
Developed Areas and Limited Development Areas may
be expanded by up to 5 percent of a county's land
area, excluding the acreage in tidal wetlands or federal-
ly owned property from the formula. No more than one-
half of this allocated expansion may occur directly in
the Resource Conservation Area.
  Utilizing Resources. The law also calls for improved
management of forests, agriculture, and water-depend-
ent facilities within the Critical Area. Specific  require-
ments are
  • Commercial tree harvest operations affecting one or more
    acres per year must have a forest management plan; limita-
    tions are imposed on timber harvesting within 1,000 feet of
    mean high water of the bay or perennial tributary streams;

Only 5% of Land May Be
Reclassified to More Intense Use
             Limited Development or
             Resource Conservation Area
           • Soil conservation and water management plans and
             implementation of best management practices are required
             within five years on agricultural lands;
           • A 25-foot filter strip must be established along tidal waters
             and streams until a soil conservation plan is implemented;
           • Feeding or watering of livestock is prohibited within 50 feet
             of the water's edge; and
           • New development within 100 feet of shoreline except in
             water-dependent communities, and new marinas are
             prohibited in Resource Conservation Areas.

           Protecting Resources.  The last component of the
         Critical Area Program provides for protection of non-
tidal wetlands, threatened and endangered species,
species in need of conservation, and plant and wildlife
habitat. These habitat and wildlife protection measures
require local jurisdictions to
   • Inventory and protect fish spawning grounds, threatened
     and endangered species habitat, colonial water bird nesting
     sites, historic waterfowl staging and concentration areas.
     and forest-interior-dwelling bird habitat;
   • Create wildlife corridor systems to ensure that any new
     development in the Critical Area will preserve existing
     habitats;
   • Establish a minimum 25-foot buffer zone around nontidal
     wetlands to prevent any future habitat modification; and
   • Establish a minimum 100-foot naturally vegetated buffer
     strip around the bay in all nondeveloped areas.

Responsible Authorities and
Financing

Implementation of the Critical Area Program is based
on a well-defined State/local government partnership.
Each of 60 local jurisdictions (16  counties  and 44
municipalities) is to develop its own program to imple-
ment the Critical Area criteria. The commission  per-
forms an oversight function to ensure that these plans
meet the stated goals of the criteria and coordinates
implementation among  the local  jurisdictions.  The
operation of the commission and  development of local
                              plans   are   financed
                                                                        Intensely
                                                                        Developed Area
                              through general State
                              revenues.  The  State
                              provided   funds   to
                              develop the maps and
                              local programs.
                                                       Process
                                                       The Critical Area Law is a comprehensive approach
                                                       that builds upon earlier Maryland programs, including
                                                       flood plain management, sediment control, stormwater
                                                       management, wetlands protection, and coastal zone
                                                       management.
                                                          In 1983, the results of the Environmental Protection
                                                       Agency's Chesapeake Bay Program were released.
                                                       These findings,  combined with facts uncovered  by
                                                       State and local research, provided powerful evidence
                                                       that a comprehensive planning approach was required
                                                       to  protect  the  fragile and  economically important
                                                       shoreline areas.
                                                          Following this report,  the  Governor of  Maryland
                                                       created an interdepartmental task force to respond to
                                                       the findings of the bay study. The Critical Area Program
                                                       was one of the legislative and  budgetary measures
                                                       proposed by the task force. Local government p-3'-
                                                       ticipated early  in the drafting process through  the
                                                       Maryland Association of  Counties and the Maryland
                                                       Municipal  League.   Committees  of the  Mary.'a^d
                                                       General  Assembly also reviewed the bill  frequent:,
                                                       throughout the drafting process. The bill was enacted
                                                       on June 1, 1984.

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   From its early stages, the bill's intent was to maintain
local  planning  authority.  The  enacted legislation
provides for both a carefully defined local implementa-
tion process and comprehensive State  oversight. The
membership of the Critical Area Commission was im-
portant in developing the criteria, and local jurisdiction
played a strong role. Of 25 members, 11 are residents,
elected officials, or appointed officials of coastal coun-
ties; 8 members represent the commercial, recreation-
al, and  environmental interests of the  bay.  Only six
commission members are from State agencies. All
members are appointed by the Governor, with State
Senate approval. The commission's executive director
is selected by the commission chairperson.
   Prior to  drafting the criteria, the commission held
seven public hearings during December 1984, at loca-
tions around Maryland's bay coastline,  to enable local
citizens and bay interest groups to voice their opinions.
   Throughout the criteria development process, the
commission continued to conduct formal meetings and
public hearings. Commission members and staff also
made numerous appearances before General Assem-
bly committees, spoke at meetings organized  by the
many interest groups concerned with bay issues, and
conducted television and radio interviews.
   Following a final series of nine oublic hearings during
July 1985 to review the proposed criteria, the commis-
sion substantially modified the criteria to address public
concerns. The revised criteria were signed into law on
May 13,1986, 22 months after enactment of the Critical
Area Law. These criteria are now guiding local jurisdic-
tions in their development of Critical  Area land  use
plans.

Program Status
Local jurisdictions are developing program  plans and
amending their zoning ordinances as needed to meet
Program goals. Final approval of all local plans is ex-
pected shortly.
   The positive results of this process can be seen in
local  jurisdictions now working together to develop
coordinated plans and continued support by citizens at
their local government levels. Perhaps  as important is
the increased  contact  between State  agencies and
local jurisdictions — particularly the small jurisdictions
 — which has improved intergovernmental relations.

Lessons Learned
The Critical Area Program — the Critical Area Law, the
commission, and  the criteria  —  is a  reality. It
demonstrates  that support  for  managing   coastal
development can be generated; that  comprehensive
State-level land use restrictions,  typically fraught with
controversy, can be established; and that a process of
local implementation complemented by State oversight
can be defined.
    Origin and Development of the
    Critical Area Program
  The active involvement of local officials  and the
public, the clear definition of respective State and local
roles, and the protection of local  planning authority
were fundamental to this program's success.
  The Critical Area Program may still face  areas  of
resistance. If fully implemented, however, the program
will fairly balance diverse interests and preserve the es-
sential rights of local jurisdictions. By bringing local in-
terests together with State regulators, a strong program
was devised to protect the recovery of the  bay. For
Maryland, a  State-level response worked; elsewhere a
multi-county or  multi-State  program  might  be ap-
propriate to protect estuarine environments.
  For further information on this program, contact Dr. Sarah
  Taylor or Dr. Kevin Sullivan, Maryland Critical Area Commis-
  sion, Annapolis, MD; or Mark Alderson, EPA Project Manager,
  Washington, DC.

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