United States Office of Water EPA 841-R-92-003
Environmental Washington, DC 20460 September 1992
Protection Agency
&EPA STATE AND LOCAL
FUNDING OF NONPOINT
SOURCE CONTROL PROGRAMS
Recycled/Recyclable
f~)> O) Printed on paper that contains
at least 50% recycled fiber
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE OF
WATER
Note to those requesting a copy of the "State and Local Funding
of Nonpoint Source Control Programs" document
Thank you for your interest in the "State and Local Funding
of Nonpoint Source Control Programs" document, EPA 841-R-92-003.
Enclosed per your request is a copy of this document.
This document provides several case studies to demonstrate
how various States and local governments are funding nonpoint
source (NFS) control programs. The purpose of this document is
to describe particularly effective State and local approaches to
funding NPS programs, and to help other jurisdictions understand
these approaches as they develop their own NPS programs. Several
examples are provided including: how several States are using
their State Revolving Funds to fund NPS controls; the use of
storm water utilities by localities to finance urban storm water
runoff control; the use of onsite utilities to address failed
septic systems; and the use of user fee/tax programs to raise
revenues.
This document provides some good examples of State and local
funding of NPS control programs, and we hope it will inspire
similar efforts in other communities. Again, we appreciate your
interest in this topic and hope this information is helpful to
you.
Sincerely,
A
Dov Weitman
Chief
Nonpoint Source Control Branch (WH-553)
Enclosure
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ACKNOWLEDGEMENTS
These case studies were developed with the active assistance of state and local officials who are
managing nonpoint source abatement programs on a daily basis. Among the principal providers
of information regarding these programs are:
MARYLAND CRITICAL AREAS PROGRAM
Dr. Sarah Taylor, Manager of the Maryland Critical Areas Program: Rubert Friday, Chesapeake
Bay Foundation
Steve Bunker, former employee of the Chesapeake Bay Foundation
William Clarke, Calvert Soil Conservation District
CITY OF BELLEVUE, WASHINGTON
Nancy Hanson, Storm and Surface Water Utility
JEFFERSON COUNTY SUBSTATE REVOLVING FUND, WASHINGTON
Teresa Barron, Jefferson County Planning and Building Department
Robert Leach, Jefferson County On-Site Maintenance Utility
CALIFORNIA STATE REVOLVING FUND
Bill Campbell, California State Water Resources Control Board
CHERRY CREEK RESERVOIR PROJECT, COLORADO
Lou Short, Cherry Creek Basin Water Quality Authority
IOWA'S GROUNDWATER PROTECTION ACT
Jim Gulliford, Division of Soil Conservation (DALS)
Mark Lohafer, Laboratory Division (DALS)
Ubbo Agena, Environmental Protection Division (DNR)
Lyle Asell, USDA Soil Conservation Service
Dr. Jerry Miller; Dr. Reggie Voss; Wendy Wintersteen; Elaine Hall and Kay Connelly of the
Iowa State University Cooperative Extension Service
Dan Bruene, Iowa Association of Soil and Water Conservation District Commissioners
Jim Hosch, Clayton County Cooperative Extension Service
John Kerkove, Division of Soil Conservation (DALS)
U.S. ENVIRONMENTAL PROTECTION AGENCY
Edward Richards, Washington D.C.
Hank Zygmont, Region in
Jovita Pajarillo, Region IX
Julie Elfving, Region VII
Carroll Russell, Region VIII
Elbert Moore, Region X
Lynn Schuler, Chesapeake Bay Liaison Office
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TABLE OF CONTENTS
PREFACE Page 1
INTRODUCTION Page 2
PART I - ALTERNATIVE APPROACHES TO FUNDING STATE AND
LOCAL NPS PROGRAMS Page 3-6
• Traditional Approaches
• Recent Approaches
PART II - Case Studies and Related Materials
A. Stormwater and On-Site Utilities Page 7-41
• Bellevue, Washington: A Surface and Stormwater Utility
Two Additional Examples of Stormwater Utilities
Three Examples of On-Site Utilities
Bellevue Ordinance Numbers: 2003; 2429; 3158 B; 3334; 3688;
and 4309
• Memorandum of Agreement
B. State and Sub-State Revolving Funds Page 42-59
• California's State Revolving Fund
• List of Loans from California's SRF
• California Law
• Jefferson County, Washington's Revolving Fund
• Resolution 11-90
• Memorandum of Agreement
C. Funding Regional Programs Page 60-81
• Maryland Critical Areas Program
• Cherry Creek Basin Water Quality Authority
D. Use of Special Fees and Taxes to Fund NPS Programs ... Page 82-86
• Iowa's Fee System for Dealers in Pesticides and Fertilizers
APPENDIX ONE- PRIMARY CONTACT PEOPLE Page 87-88
APPENDIX TWO-SUPPLEMENTAL MATERIALS
• Iowa Ground Water Protection Act
• Text of the Act Establishing The Maryland Critical Area Program
• Cherry Creek Basin Authority: Legislation
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PREFACE
The technical measures or best management practices which can be used to abate
nonpomt source (NFS) pollution are improving, and states and local governments are
employing them to address a wide variety of NFS problems, At the same time, resources
for KPS programs at all levels remain relatively static.
Because some states and localities have developed particularly effective methods for
funding NPS programs and have thereby increased the Nation's capacity to utilize BMPs
to control NPS pollution, EPA has sought the cooperation of several state and local
agencies to assist in the development of case studies and related materials on NPS
funding, These case studies demonstrate a variety of effective techniques which are
currently being used by state and local governments to fund NFS programs.
Our hope is that manager in jurisdictions will look carefully at the methods described in
this document for techniques which will be useful for their purposes. If the specific
techniques identified in this document do not appear suitable for your situation, perhaps
the case studies will stimulate new ideas in your attempts to find new solutions.
DOV WHITMAN, CHIEF
NONPOINT SOURCE CONTROL BRANCH
ASSESSMENT AND WATERSHED PROTECTION DIVISION
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INTRODUCTION
The major contribution of nonpoint source (NFS) pollution to the degradation of the quality of
the Nation's waters has prompted state and local governments to initiate programs to abate NFS
pollution. Often the impetus for these programs has been the desire to protect particularly
valuable waterbodies, such as recreational lakes, sole source aquifers, the Chesapeake Bay and
the Puget Sound.
In part, state and local governments have taken action, because existing Federal programs are not
intended to address the wide range of specific problems caused by NFS pollution. Although
Federal agencies, such as the Department of Agriculture and the Environmental Protection
Agency (EPA), have limited programs to address some NFS catagories and provide some
funding for state and local programs, these programs are very small in comparison with the
magnitude of the NFS problems across the Nation.
The purpose of this document is to describe particularly effective state and local NFS programs
and the methods used to fund them, so that other jurisdictions will have an understanding of these
approaches, as they develop their own NFS programs. In all but two of these studies, the NFS
programs are funded primarily or exclusively with state and local resources, reflecting the
creativity and initiative which originated in those jurisdictions.
The reader may ask whether the approaches reflected in the case studies are readily transferred
from one jurisdiction to another. In the case of on-site and storm water utilities, the conceptual
approaches are not complex, and the primary difficulties appear to be political - how to convince
citizens and officials that the benefits resulting from these utilities (improved health, recreation,
etc.) are worth the additional costs.
Regarding state revolving funds, which already exist in every state (funded by EPA grants and
the state match), each state decides whether to use its fund for NFS programs, municipal
treatment plants or estuarine projects. Consequently, state environmental officials and legislators
currently have the authority to make the decision to use the very large, existing sums in revolving
loan funds for NFS purposes.
On the other hand, Maryland's Chesapeake Bay Critical Areas Program is quite complex and
would not be easy to transfer to another region in its present form. However, the conceptual
approach is clearly applicable to many waterbodies, and a tailored, simplified version of the
program might be a very attractive alternative to other states with particularly valuable
waterbodies which are threatened by NFS pollution.
Our analysis of the programs discussed in the case studies indicates that the approaches used can
be adopted by others, and that many of the NFS funding techniques outlined in the studies are
particularly effective. Whether or not one is able to use these specific techniques, the variety of
funding mechanisms presented here may stimulate readers to create other approaches and apply
them appropriately in states, counties and cities across the country.
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Assisting in editing the manuscript were EPA's NFS coordinators from Regions III, VIII, IX and
X. Our thanks to Hank Zygmont, Julie Elfving, Carroll Russell, Jovita Pajarillo and Elbert
Moore for their help.
This project was funded through EPA Contract Number 68-C9-0013 with Tetra Tech Inc.
Resource Management 3 carried out all field work and prepared the manuscript under subcontract
with Tetra Tech. Ed Richards of EPA's Nonpoint Source Control Branch was the Project
Manager.
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LOCAL NFS PROGRAMS
Traditional Approaches
Recent
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ALTERNATIVE APPROACHES TO FUNDING
STATE AND LOCAL NPS PROGRAMS
Because the rainwater runoff which creates most nonpoint source (NPS) pollution takes many
forms, solutions to NPS problems must be varied. The problems range from runoff from the vast
acreage of farms and forests across the country to drainage from abandoned mines and to runoff
from city streets.
Only recently have government agencies begun in a more comprehensive way to identify the
types of NPS pollutants, measure the volume of NPS loadings which affect surface and ground
water and design effective watershed projects and regulatory programs to abate NPS pollution.
Only a few states have been implementing NPS watershed projects to reduce loadings and
improve water quality for more than five years.
In 1989 the Congress appropriated the initial funds for the Environmental Protection Agency
(EPA) to award demonstration grants to states to develop and implement statewide NPS
management programs under section 319 of the Clean Water Act. Section 319 specifies that
states shall "to the maximum extent practicable, develop and implement a management program
under this subsection on a watershed-by-watershed basis within such State".
Section 319 grants (totalling $52.5 million in fiscal year 1992) provide sufficient funding to State
agencies for them to hire NPS staff and to carry out several projects each year. This grant
program can be considered an initial step toward a national effort by EPA to assist states to abate
NPS pollution. However, it is clear that much more will be necessary if the nation as a whole
is to succeed in abating NPS pollution.
Prior to the initial appropriation of section 319 funds, other federal agencies, most notably the
Department of Agriculture (USD A), were providing funding and technical assistance to producers,
such as farmers and coal operators, to encourage voluntary reduction of NPS pollution created
by their economic activities. USDA, for example, provides direct grants (cost sharing) to
individual farmers to pay part of the cost of selected practices used by the farmer to reduce
runoff. Technical assistance to the farmer which facilitates implementation of the practices is
often provided by the USDA Soil Conservation Service (SCS) and local Conservation Districts.
To date, private and governmental actions at all levels have not resulted in significant net
reductions of NPS pollution on a national scale. Indeed, the problem has become the most
important source of degradation of water quality in this country.
In some cases, state and local governments have decided not to rely upon national solutions and
have developed their own, often unique, programs for controlling NPS pollution and equally
unique means to pay for the control programs. An understanding of selected current NPS
programs operated by state and local governments can assist other jurisdictions to develop and
fund effective NPS abatement programs in the future.
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RECENT APPROACHES
One method which local governments are increasingly using to address runoff problems is the
development of utilities specifically designed to abate a particular type of NFS pollution. One
approach, currently used by over one hundred jurisdictions, is the stormwater utility. The
experience of many of these utilities indicates that they are able to effectively manage the
technical aspects of urban runoff, while also solving the problem of obtaining adequate revenues
from reliable funding sources.
The Bellevue, Washington case study describes a utility which has been in operation for 18 years
and has demonstrated its capacity to successfully address flood control, water quality issues and
protection of wildlife. Approximately fifty percent of the utility's annual budget of $ 800,000
is derived from service fees (utility rate charges) with the balance coming from permit fees and
grants. In addition to the Bellevue case study, we have also included two somewhat different
examples of other stormwater utilities.
Use of utilities to address urban runoff is particularly timely, given the November, 1990 EPA
regulation requiring 220 cities and counties with populations of 100,000 and above to obtain
NPDES permits to discharge stormwater. This regulation is causing many jurisdictions to search
for ways to finance stormwater programs.
ON-SITE UTILITIES
Another common type of NFS pollution is caused by failed septic systems. On-site issues and
ways to assure functioning systems are particularly relevant for jurisdictions located adjacent to
confined waterbodies, such as lakes, aquifers and estuaries, because of the tendency of nutrients
from failed septic systems to cause eutrophication in such waterbodies.
Local governments are beginning to use the utility concept to develop institutional approaches
incorporating homeowner responsibility for maintaining septic systems. Funding for soil testing,
inspection and correction of failed systems comes directly from the homeowner or indirectly from
utility rates paid by the homeowner. Local government assures that problems resulting from
failed systems are remedied.
The three examples of on-site utilities presented here provide varied ways in which counties and
towns can structure their approaches to assure functioning septic systems. In Otter Tail County,
Minnesota, homeowners may choose to pay a relatively low fee and then make any repairs called
for by the County's periodic inspections. The other examples feature stronger regulatory
approaches with the counties taking direct action (e.g., suspending the owner's water service) in
the event that the problem is not remedied within a reasonable time.
Although these utilities vary, their purposes are the same - to protect highly valued waterbodies
(an aquifer, a beach and a lake). Their basic methods are also similar. They are using the utility
Alternative Approaches to Funding Page 4
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approach to assure a regular source of funding, so that these counties can make sure that all
homeowners have functioning septic systems which do not pollute neighboring waterbodies.
REVOLVING FUNDS
The existence of large state revolving funds (SRFs), which have been established since the Clean
Water Act Amendments of 1987 by annual capitalization grants from EPA and state matching
funds, provides all states the opportunity to use these funds to finance NFS projects. SRF loans
are particularly suitable for funding structural best management practices (BMPs), such as manure
holding structures and retention basins. Generally, these loans are not suitable for other program
costs, such as salaries and indirect costs.
SRFs were originally established to assist states to upgrade their sewage treatment systems, but
the authorizing statue also specifies that NFS activities are eligible for SRF loans. As the number
of states meeting performance levels for municipal waste treatment increases, additional states
will have the option of using all or part of their SRF resources for NFS abatement.
At present, three states- Washington, California, and Wyoming-are using SRF loans to fund a
wide variety of NFS projects. The California case study explains how one state manages the loan
process (targeting of loans, loan application, repayment, etc.) and indicates the diversity of NFS
projects which can be funded by a SRF. California is providing the largest loans to date, with
Fresno County alone receiving twenty million.
Jefferson County, Washington illustrates another way to use SRF funds for NFS purposes. Here,
the County uses part of the States's SRF monies to operate a sub-state revolving fund which
focuses its loans on two NFS problems: 1) failed septic systems and 2) agricultural runoff. These
two problems have been identifies as contributing pollution to the Puget Sound. The County
provides loans with interest rates as low zero percent to individuals who meet income and water
quality criteria.
Thus far, the NFS funding techniques discussed here have been designed primarily to pay for
specific best management practices or BMPs, such as detention basins or septic systems. Other
states and localities have taken a different approach. They have established goals for improving
water quality in a waterbody and have also found the funding mechanisms to raise the necessary
resources to accomplish these goals.
One impressive example of this type of approach is Maryland's Critical Area Program (CAP).
To reduce NFS loadings, Maryland employs land use management in a 1000 foot strip around
that State's portion of the Chesapeake Bay. consequently, most of the activities which reduce
or prevent loadings (e.g., spacing of housing development and creation of filter strips ) are paid
for by individuals or corporations.
However, the State and local governments also provide funding for many planning and legal
functions, as well as providing more direct assistance to landowners, for example cost-sharing
Alternative Approaches to Funding Page 5
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of agricultural BMPs. This blending of public and private resources is only one of the many
interesting and environmentally valuable aspects of the Critical Areas Program.
Similarly, in Colorado the Cherry Creek Basin Water Quality Authority uses the authority of
State a law to obtain revenues to fund both point and nonpoint control of runoff causing
eutrophication in the Cherry Creek reservoir. This case study was selected to help other localities
which ar seeking ways to finance controls for localized NFS problems.
USE OF SPECIAL FEES AND TAXES
The Iowa Ground Water Protection Act represents a good example of a user fee/tax program
established to fund nonpoint source pollution projects and programs. The Iowa law places fees
and taxes on the sale of fertilizers and pesticides, waste disposal and underground storage tanks.
In this type of program, there is a delicate balance between establishing an economic disincentive
which results in water quality benefits and an economic hardship which may be a critical factor
for business survival. In Iowa the fees on the sale of pesticides and fertilizers were balanced
with an extensive technical assistance and education program which actually resulted in
substantial savings to many of the users.
The case studies which follow provide summary information on the funding approaches
introduced above. Where additional information is needed by the reader, he or she may consult
the Appendix for the names and telephone numbers of contact persons of the principal
organization(s) discussed in each study.
Alternative Approaches to Funding Page 6
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CASE STUDIES AND
EELATED MATERIALS
Storm water and On-Site Utilities
State and Sub-State Revolving Fluids
Special Fees and Taxes to Fund NFS Programs
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ON-SITE UTILITIES
A Surface and Stor0iwater Utility
Examples of Storatwater Utilities
Three Examples of Oil-Site Utilities
Bellevue Ordinances
Memorandum of Agreement
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CITY OF BELLEVUE, WASHINGTON
BELLEVUE STORM AND SURFACE WATER UTILITY
SUMMARY
The Bellevue Storm and Surface Water Utility was formed in 1974 hi
response to citizen concerns that urbanization was degrading the city's streams and
quality of life. Although many cities address surface water management as part
of their public works or road maintenance programs, the City of Bellevue took a
more comprehensive approach by forming a utility, the functions of which include
flood control, protection of aquatic wildlife habitat, public education, maintenance,
emergency response, planning, capital improvements, water quality control and
regulation of development activities. Water quality control includes monitoring,
enforcement and pollution prevention, through such activities as public education,
structured inlet sumps and oil separators and regulations governing development
INTRODUCTION
The Utility has an annual operations budget of about $800,000, and is a significant
model for funding NFS programs. Analysis of this budget and the utility's funding
mechanisms indicates ways that localities can become financially self-sufficient protectors
of their streams and lakes.
With a population of approximately 90,000 bordering Seattle, Bellevue is in the
Puget Sound watershed. The city covers 30 square miles and includes over 50 miles of
open streams. In 1974 Bellevue passed "An Ordinance relating to storm and surface water,
establishing a storm and surface water utility, and adopting a plan and system of storm
and surface water sewerage." The mission of the utility is "to manage the storm and
surface water system in Bellevue, to maintain a hydrologic balance, to prevent property
damage, and to protect water quality; for the safety and enjoyment of citizens and the
preservation and enhancement of wildlife habitat."
Based on this ordinance, the Bellevue Storm and Surface Water Utility was formed
with authority for construction, condemnation and purchase, acquisition, maintenance,
operation and regulation. Responsibilities were transferred from other departments to the
utility and the Director of Public Works was initially designated the ex officio
administrator. The utility was given authority to raise funds through service charges and
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utility revenue bonds. The population was concerned with the rapid growth and
development of the 1960's and the resulting threats to Bellevue's quality of life.
The city passed a resolution in 1971 to address erosion and sediment control and
a resolution in 1972 to develop policies for a comprehensive storm and surface water
drainage system. After experience with these programs and on advice of the city's
Citizens Advisory Committee for Stream Resources a public utility was proposed to
provide unified management of storm and surface water including drainage as well as
water quality.
The first efforts of the utility were focussed on flood control. With a concept of
unified stormwater management the utility was receptive to both on site and regional
stormwater facilities. As part of a master plan an open stream concept was adopted which
was less expensive than traditional storm sewer systems and which favored wildlife habitat
and water quality improvements. As the flood control systems were put in place, water
quality became a higher priority issue.
Water quality activities include:
1. The installation, inspection and maintenance of inlet sumps for public and private
drainage systems.
2. The installation, maintenance and operation of oil/water separators.
3. The use of decant stations to divert polluted storm water to sewage treatment
facilities.
4. Water quality monitoring and complaint response for enforcement action.
5. Water quality research including two lake restoration projects.
6. Pollution prevention programs.
7. Development regulation for erosion and sediment control as well as protection of
floodplain, wetlands and steep slopes.
Bellevue Storm and Surface Water Utility Page 8
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8. Public Education including publications, school programs, community outreach,
special activities and media materials. Some specific activities include:
- Stream Team Program
- Classroom Salmon Rearing Project
- City Hall "Mini Salmon Hatchery"
- Oil Recycling and Household Hazardous Waste Program
- Student Intern Program
- Business Water Quality/Certification Program.
9. Intergovernmental Coordination
10. Interdepartmental Coordination
The Bellevue Storm and Surface Water Utility receives funds through service fees
(utility rate charges), permit fees and grants. The utility rate charges account for about
50% of the budget and are based upon acreage and the amount of impervious area. A
typical single family residence is charged approximately $16.44 every two months.
Having a dedicated revenue base adds stability to the program which is no longer based
on yearly political decisions. As discussed above, the broad interpretation of the utility
mission allows for use of these funds for water quality as well as the traditional public
works activities. A strong public education and outreach effort helps the average citizen
see their connection to and service from the utility.
COMMENTARY
The Bellevue Storm and Surface Water Utility was one of the first soeli
utilities in the country and is often used as a model for other areas. A key to the
success of the program is the unified approach which integrates the various natural
resource management issues from habitat improvements and flood control to water
quality. Although other jurisdictions have adopted a utility approach, Bellevue had
the foresight in 1974 to consider a broad interpretation of a traditional public
works activity.
Bellevue Storm and Surface Water Utility Page 9
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TWO ADDITIONAL EXAMPLES OF STORM WATER UTILITIES
Storm water is the term generally used to describe rainwater runoff from urban or suburban
areas. Much of this runoff is from impervious surfaces, such as roads, which cause flows to
increase greatly in volume rather than be partially absorbed by fields and other porous surfaces.
Pollutants in storm water include sediments, organic material and heavy metals which are
transported via channels, such as sewers, to streams. Studies indicate that storm water adversely
affects water quality and can preclude beneficial stream uses, particularly after storm events
which dump large quantities of pollutants into streams in a short time period.
The 1987 amendments to the Clean Water Act authorized a Federal regulatory program to
abate pollution from storm water. On November 16, 1990, EPA published regulations requiring
220 cities and counties with populations of 100,000 and above and about 100,000 industrial
facilities to obtain NPDES permits to discharge storm water. Complying with these regulations
will prove costly for many of these communities.
One way to manage and finance solutions to the water quality problems caused by storm
water is for a local government to initiate a storm water utility. At present, more than 100 of
these utilities exist in this country, and the number is growing. They serve communities ranging
in size from 4,300 to 840,000 people and are usually managed by local public works departments.
Monthly charges per household are generally quite moderate (less than $4.00), but the resulting
revenue stream is stable and reliable, requiring no subsidy from State or Federal programs.
The process of starting and operating a storm water utility requires an understanding of
technical issues (e.g., legal authorities, financial matters including how to establish the rate
structure and institutional arrangements such as an administrative structure for the utility). For
jurisdictions considering the development of a utility, it may be helpful to consult other local
governments which have already solved these problems. Washington State has a number of
successful storm water utilities, including the ones described below.
SNOHOMISH COUNTY, WASHINGTON
Snohomish County is an urbanizing area north of Seattle bordering on the Puget Sound,
where initial efforts to establish a storm water utility met with considerable opposition. During
the mid-eighties, county leaders found themselves in the dilemma of needing planning data to
support the development of a utility but not having funding to produce a full range of data
necessary to convince voters that the utility was necessary and that rates would be reasonable.
Finally, a solution was found by conducting a small study which documented the need
to obtain capital to build six detention ponds. Once it was accepted that the ponds were needed,
it was easier to convince people that a utility was the best way to meet all storm water needs.
Another way of increasing the political acceptability of the utility was to combine construction
of the detention ponds with development of a nature trail and other recreational facilities. The
utility began functioning in 1988.
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The utility's total budget in 1989 was approximately $3 million, of which about 50% was
generated through utility rates and the balance through a variety of sources, such as real estate
excise taxes and the county general fund. Utility rates for landowners are determined by a rate
schedule, which features flat rates for residential and agricultural properties and a sliding scale
for commercial tracts based on the size of the property and the percentage of impervious surface.
In 1989 the average monthly household rate was $1.83.
The experience of this utility provides an example of successful efforts to overcome
community opposition through creative approaches to designing facilities and by sensitivity to
the broad needs of the users of the utility's services.
For additional information, please call:
William Deny
Supervisor, Surface Water Management Program
Snohomish Public Works
Everett, WA 98201
206-259-9464
EVERETT, WASHINGTON
Everett is a city with a population of about 63,000 (area of approximately 50 square miles).
Prior to 1989, the city's sewer utility was responsible for storm water functions, such as:
- drainage system maintenance
- construction of regional drainage improvements
- plan review/permit issuance for new development.
In part to comply with the requirements of the Puget Sound Water Quality Management Plan
and EPA's storm water regulation and to give higher priority to mitigating NPS effects on water
quality, in 1989 Everett expanded its storm water management program to include three new
functions:
- capital improvement projects
- surface water monitoring
- community involvement.
In the same year, a separate storm water utility was organized with its own revenues and
rate structure. Total revenues in 1989 were about $1.4 million, of which all but $10,000 came
from rates charged to users. The additional funds came from fees charged to developers.
Residential landowners were charged $3.40 per month in 1989, while other users were
charged $3.40 per 900 gallons of water used monthly. Exceptions were made for businesses
which used large quantities of water but did not make major contributions to storm water (e.g.,
laundromats).
Two Additional Examples of Storm Water Utilities Page 11
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In additional to the shift to a storm water utility and the change in the rate structure, there
has been greater emphasis on reduction of nonpoint source pollution. Capital funds were spent
on settling ponds and acquisition of wetlands; water quality monitoring was initiated; and a
program was developed to increase public awareness of NFS pollution and community
cooperation in implementing NFS controls.
An understanding of the evolution of the program in Everett may be useful to other
communities which want to both improve control of storm water and improve water quality.
For additional information, please contact:
Dan Mathias, P.E.
Associate Engineer
Public Works Department
3200 Cedar Street
Everett, WA 98201
206-259-8800
Two Additional Examples of Storm Water Utilities Page 12
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THREE EXAMPLES OF ON-SITE UTILITIES
Failed septic systems, which contribute particularly to contamination and eutrophic
conditions in lakes, aquifers, estuaries and other confined waterbodies, are common throughout
the United States. Generally, county health departments have some regulatory responsibility for
septic systems, although in many cases their role is minimal. For example, a common function
is to conduct soil tests prior to approval of the installation of a new system.
Because a significant percentage of septic systems fail after a number of years of use, an
initial test does not protect the water quality of an adjacent waterbody for the life of the system.
What is required from an environmental perspective is a septic management system featuring the
following three functions:
an initial soil test prior to installation of the system
periodic inspections to determine if the system is clogged or otherwise
malfunctioning
an enforcement mechanism to assure that problems identified through inspection
are corrected (either by the owner or by an agency of local government).
Each of these three functions requires the expenditure of public funds, primarily for staff
costs. Rather than use general appropriations for these expenditures, local governments can
establish self-funded systems known as on-site utilities.
These types of utilities generate revenues through fees and service charges, and the
revenues are used to carry out the essential functions of the on site utility system.
Outlined below are three examples of successful on-site utilities. Each example is
different and has one or more features which distinguishes it from the others.
OKANOGAN COUNTY WASHINGTON
The utility in Okanogan County was established to monitor and protect water quality in
a fragile aquifer, primarily by preventing or correcting on-site system failure through inspections
and maintenance. Seventy-five percent of the initial capital costs were provided by grants from
Washington State, and the balance through the sale of bonds. Operation and maintenance
revenues are derived primarily through fees based on rates per unit (a house on a lot counts as
two units). The annual fee is approximately $50. per unit.
The homeowner is required to make the repairs that an inspection identifies as necessary
and, if the repairs are not made within the allotted time, the utility will take a lien on the house
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equal to the amount spent on the repairs. Water monitoring results indicate that the utility has
been successful in its attempt to prevent any deterioration in water quality.
For additional information you may wish to contact:
Dick Sele, Assistant Director
Public Works/Engineer (Facilities)
Box 232, Okanogan, WA 98840
(509) 422-3350
STINSON BEACH, CALIFORNIA
The utility in Stinson Beach is managed by the County Water District. Formed in
response to the realization that many of its on-site systems were failing, the utility received "start-
up" money from a grant from EPA. The operation and maintenance of the utility is financed by
a combination of permit fees, property taxes and additional small "special" fees (ie. new
connection fees).
The utility is responsible for: monitoring the surface and ground water for any indications
of pollution; to conduct inspections of all on-site systems every two years; and to provide
necessary maintenance at the homeowner's expense. If the homeowner refuses to pay for the
required maintenance, the utility is able to suspend his/her water service because of its close
working relationship with the Water District. Monitoring has demonstrated improvements in
Water Quality since the last failed system was corrected, and the community has taken pride in
the success of the utility.
For additional information please contact:
Mark S. Richardson, Wastewater Program Supervisor
Stinson Beach County Water District
Box 245, Stinson Beach, CA 94970
(415) 868-1333
OTTER TAIL COUNTY, MINNESOTA
The utility in Otter Tail was created to protect the six lakes in the county from
contamination due to on-site system failures and received "start-up" funds from EPA and State
grants. Operation and maintenance costs are funded by fees paid by the homeowner. All on-site
systems must pay a basic fee for inspections and administration costs, and beyond this initial
expenditure the homeowner has the option to pay an additional amount for additional services.
Three Examples of On-Site Utilities Page 14
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Those who choose to pay an "active" rate receive regular inspections and all necessary
maintenance on the system, while those who pay a "passive" rate receive only inspections.
Repairs identified by the inspections are at the owners' expense. This approach is well-received
by homeowners, and the utility appears to have prevented the deterioration of water quality in
the lakes.
For additional information please contact:
Rollie Mann, District Officer
Route 2, Box 319
Battle Lake, MN 56515
(212) 864-5533
Three Examples of On-Site Utilities Page 15
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2003
1-8-74
ORIGINAL
CITY OF BELLEVUE, WASHINGTON
ORDINANCE NO. 2003
AN ORDINANCE relating to storm and surface
water, establishing a storm and surface
water utility, and adopting a plan and
system of storm and surface water sewerage.
WHEREAS, by Resolution No. 1840 passed August 9, 1971, the
City Council of Bellevue adopted an express policy to provide control
of soil erosion and to retard and abate, wherever possible, slltatlon
and sedimentation as the same affect or tend to affect directly or
Indirectly, streams and other bodies of water within the City, and
WHEREAS, by Resolution No. 2007 passed August 14, 1972,
the City Council of Bellevue adopted the following express policies,
among others:
a. To Incorporate Into all land-use planning and Into
land-use and development regulations of the City, provisions for
adequate storm water and surface water drainage, and for protection
of the waters of the City, by development as funds, conditions and
opportunities permit, of a storm and surface water drainage system
within the City, using streams, lakes, and wetlands as part of such
system, with adequate protections provided against pollution of
waters by silt and sediment, against erosion of lands and against
development of excessive Impervious land surfaces without adequate
provisions being made for drainage of surface and storm waters; and
b. To so control land development and use that streams,
lakes, and wetlands within the City and the lands bordering thereon
may be used as a means for control and storage of surface waters
and ground waters; and
WHEREAS, hydrology and engineering consultants retained
by the City under contract entered Into 1n May, 1973, the techni-
cal staff of the City, and a citizens advisory committee known as
the Citizens Advisory Comnlttee for Stream Resources created pur-
suant to Resolution No. 1840 have each made one or more presenta-
tions or reports to the City Council; and
WHEREAS, after review of the various presentations made
to the City Council, and after public hearing tjjereon, the City
Council reaffirms Its policies as expressed 1n Resolution Nos.
1840 and 2007, and finds specifically that land use and develop-
ment affecting storm and surface water should be managed, regulated
and controlled under unified management of a storm and surface
water public utility to reduce or control erosion, sedimentation,
and partlculate and other pollution of water, danger and damage
to life and property, and to protect and encourage the use of
natural and efficient man-made means to these ends, and
WHEREAS, 1t 1s the desire of the City to Incorporate Into
the proposed utility all surface water courses the title to which
1s held by the City; now, therefore
THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
Page 16
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2003
2/25/74
Section 1. There 1s hereby created and established a
storm and surface water utility of the City which shall administer
the City's storm and surface water public utility. The City elects
to exercise all the lawful powers necessary and appropriate to the
construction, condemnation and purchase, acquisition, addition to,
maintenance, conduct and operation, management, regulation and con-
trol of, the storm and surface water public utility described 1n
Section 4 of this ordinance and as the same may hereafter be
added to, bettered or extended within or without the present and
future limits of the City, including, without limitation, all the
lawful powers to fix, alter, regulate and control the rate, charges
and conditions for the use thereof.
Section 2. The Director of Public Works shall be
ex offido administrator of the City storm and surface water public
utility, and shall report directly to the City Manager.
Section 3.
(a) There 1s hereby specified and adopted the
original system or plan of the storm and surface water public
utility described as set forth on the map attached as Exhibit A
hereto and made a part hereof by this reference, and which shall
Include all properties, interest, and physical and intangible
rights of every kind or nature owned or held by the City, however
acquired, insofar as they relate to or concern storm or surface water
sewage, further including without limitation, all such properties,
interests and rights acquired by adverse possession or by pre-
scription, directly or through another, 1n and to the drainage or
storage, or both, of storm or surface waters, or both, through,
under, or over lands, landforms, watercourses, sloughs, streams,
ponds, lakes, and swamps, all beginning, 1n each case or instance,
at a point where storm or surface waters first enter the storm or
surface water system of the City and ending in each case or instance at
a point where such storm or surface waters exit from the storm or
surface water system of the City, and in width to the full extent of
inundation caused by the largest storm or flood condition.
(b) The City Council expressly finds that the
value of the above described original system or plan of storm and
surface water public utility is equal to the value of release from
primary responsibility therefor insofar as they relate to or con-
cern storm or surface waters. Accordingly, all of the City's above-
mentioned facilities and rights, insofar as they relate to or concern
storm or surface waters are hereby transferred to and subject to the
administration of the storm and surface water utility created by this
ordinance, and each institution and department of the City having
responsibility therefor is, to the same extent, released from such
primary responsibility.
Section 4. Inasmuch as the City now owns all those
facilities and rights and the original system or plan set forth
in Section 3(a) of this ordinance, there is no estimated cost
thereof.
Section 5. If any portion of this ordinance as now or
hereafter amended, or its application to any person or circum-
stances, is held Invalid or unconstitutional, such adjudication
shall not affect the validity of the ordinance as a whole, or any
-2-
BeUevue, Washington-Ordinance No. 2003 Page
-------
2003
1-8-74
section, provision or part thereof not adjudged to be Invalid or
unconstitutional, and Its application to other persons or circum-
stances shall not be affected.
Section 6. This ordinance shall take effect and be In
force five (5) days after Its passage, approval and legal publi-
cation.
PASSED by the City Council this -i-f day of j^Z-
_, 1974, and signed in authentication of its
•f day of
passage this
(SEAL)
1974.
Richard Foreman
Mayor
Approved as., to Form
Le^/Kraf t, X;
Attest:
PatrlcTa KTWeber, dtyClerk
7-
- 3 -
BeUevue, Washington...Ordinance No. 2003
Page 18
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CITY OF BELLEVUE, WASHINGTON
ORDINANCE NO. 2429
AN ORDINANCE establishing rate classifications and service charges for the Storm and
Surface Water Utility of the City of Bellevue.
WHEREAS, by Ordinance No. 2003 the Storm and Surface Water Utility of the City of
Bellevue was established, and the City transferred to said utility the City's storm and surface
water sewerage system; and
WHEREAS, by Resolution No. 2802 the City Council established a Storm and Surface
Water Advisory Commission to review, advise and make recommendations to the City Council
regarding, among other items, storm and surface water rate structures; and
WHEREAS, said Commission by its "Report on Utility Rate Structure" dated March 14,
1977, has recommended to the City Council a proposed rate structure; and
WHEREAS, the City Council has reviewed said report and the utility rate structure therein
recommended, and concurs therewith; and
WHEREAS, the City Council finds that all real property in the City contributes runoff to
common drainage systems, and all property in the City benefits from the Storm and Surface
Water Utility System of the City of Bellevue, and therefore should participate financially in
payment of the expenses for the maintenance, operation and improvement of said system; and
WHEREAS, the City Council finds that the intensity of development of real property and
the area thereof are the primary factors in an individual property's contribution of total and peak
flows of storm water runoff to the said utility system; now, therefore,
THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
Section 1. Definitions.- The following words when used herein shall have the meanings
indicated, unless the context clearly indicates otherwise:
a. Hydrologic Response - The manner and means by which stormwater collects upon
real property and is conveyed from real property, and which is a function dependent upon
a number of interacting factors, including, but not limited to, topography, vegetation,
surficial geologic conditions,
antecedent soil moisture conditions and ground water conditions. The principal measures
of the hydrologic system may be stated in terms of total runoff volume, as a percentage
of total precipitation which runs off, or in terms of the peak rate of flow generated in the
Page 19
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event of a storm of given duration and intensity, or statistical interval of return
(frequency).
b. Total Flow - The accumulative volume of water discharged from a property, basin, or
watershed. The total flow is quantified in measures such as gallons or cubic feet of
water.
c. Peak Flow - The highest momentary rate of water flow, measured or estimated in
cubic feet of water per second or gallons of water per minute. It is differentiated from
total flow volume by the introduction of a unit of time measure during which the
maximum rate of flow is measured, calculated, or estimated.
d. Contributors of Drainage Waters - Shall include all real properties within the City
from which flows storm or surface waters, or waters supplied by Municipal or private
sources which exit the property as surface flows and/or enter the storm and surface water
utility system of the City of Bellevue.
e. Beneficiaries of Drainage Waters - Shall include all real properties within the City
of Bellevue which benefit by the provision, maintenance, operation and improvement of
the storm and surface water control system by the City of Bellevue, regardless of how
that system may be constituted. Such benefits may include, but are not limited to, the
provision of adequate systems of collection, conveyance, detention, treatment and release
of storm water, the reduction of hazard to property and life resulting from storm water
runoff, improvement in the general health and welfare through reduction of undesirable
storm water conditions, improvements in the water quality in the storm and surface water
system in the water quality in the storm and surface water system and its receiving
waters, and the limitations of potentially harmful land uses and land alteration activities
which might otherwise negatively impact the storm and surface water system.
f. Impervious Surfaces - Those hard surfaced areas which either prevent or retard the
entry of water into the soil mantle, as it entered under conditions pre-existent to
development, and/or cause water to run off the surface in greater quantities or at an
increased rate of flow from that present under natural conditions pre-existent to
development.
Common impervious surfaces include, but are not limited to, rooftops, concrete or asphalt
sidewalks and paving, walkways, patio areas, driveways, parking lots or storage areas and
gravel, oiled, macadam or other surfaces which similarly impact the natural infiltration
or run off patterns which existed prior to development.
City of Bellevue, Washington-Ordinance No. 2429 Page 20
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Section 2. All real property in the City of Bellevue shall be classified by the Storm and Surface
Water Utility according to the square footage of area of the property and the intensity of
development set forth below:
a. Undeveloped - Real property which is undeveloped and unaltered by buildings, roads,
impervious surfaces or other physical improvements which change the hydrology of the
property from its nature state.
b. Light Development - Developed real property which has impervious surfaces of less
than 20% of the total square footage of the property.
c. Moderate Development - Developed real property which has impervious surfaces
between 20% and 40% of the total square footage area of the property.
d. Heavy Development - Developed real property which has impervious surfaces between
40% and 70% of the total square footage area of the property.
e. Very Heavy Development - Developed real property which has impervious surfaces
of more than 70% of the total square footage of the property.
Section 3. It is recognized that some properties, due either to their unique topographical,
vegetative, surficial geologic, soil moisture and/or ground water characteristics, or to the
construction and maintenance of storm and surface water control or detention facilities thereon,
have a hydrologic response substantially similar to properties of a lower classification of intensity
of development.
The Storm and Surface Water Utility may adjust the intensity of development
classification of an individual parcel of property to a classification different than would be
indicated by its percentage of impervious surfaces based on hydrologic data to be submitted by
the property owner or his agent to the said utility, which demonstrates a hydrologic response
substantially similar to that of a property of a different classification set forth in Section 2.
Section 4. There is hereby levied upon all real property within the City of Bellevue which
contributes drainage water to or which benefits from the function of the storm and surface water
utility of the City of Bellevue, and there shall be collected from the owners thereof, monthly
service charges based on the square footage of the properties and on the appropriate intensity of
development classification of such properties, as follows:
City of Bellevue, Washington-Ordinance No. 2429 Page 21
-------
For each additional 2000 square feet of area or increments thereof, and in accordance with
the intensity of development classification of the property, the property shall be charged an
additional amount per month as follows:
LIGHT MODERATE HEAVY VERY HEAVY
DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
.078 .117 .156 .234 .312
Section 5. The service charges herein established shall apply to services provided on and after
June 7, 1977.
Section 6. The authority set forth in Ordinance No. 2274 shall apply to the service charges
herein imposed.
Section 7. If any provisions of this ordinance, or its application to any person or circumstance
is held invalid the remainder of the ordinance or the application of the provision to other persons
or circumstances is not affected.
Section 8. This ordinance shall take effect and be in force five days after its passage and legal
publication.
PASSED by the City Council this 31 day of May . 1977, and signed in authentication of its
passage this 31 day of May , 1977.
(SEAL)
Gary Zimmerman, Mayor Pro Tern
Approved as to form:
William G. Graves, Assistant City Attorney
Attest:
Sharon S. Stewart, Deputy City Clerk
Published: 6-4-77
City of BeUevue, Washington-Ordinance No. 2429 Page 22
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TOTAL
SQUARE FEET
OF PROPERTY
0-2000
2-4000
4-6000
6-8000
8-10,000
10-12,000
12-14,000
14-16,000
16-18,000
18-20,000
20-22,000
22-24,000
24-26,000
26-28,000
28-30,000
30-32,000
32-34,000
34-36,000
36-38,000
38-40,000
40-42,000
42-44,000
44-46,000
46-48,000
48-50,000
50-52,000
52-54,000
54-56,000
56-58,000
58-60,000
60-62,000
62-64,000
64-66,000
66-68,000
68-70,000
70-72,000
72-74,000
74-76,000
76-78,000
78-80,000
80-82,000
82-84,000
84-86,000
86-88,000
88-90,000
90-92,000
92-94,000
94-96,000
96-98,000
98-100,000
UNDEVELOPED
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CITY OF BELLVUE, WASHINGTON
ORDINANCE NO. 3158B
AN ORDINANCE separating the Storm and Surface Water Utility from the Department
of Public Works and Utilities and establishing the powers of said departments, amending B.C.C.
Ch. 3.39, B.C.C. 3.40.020, B.C.C. 23.76.020 and Ord. 2003 Section 2 (1974), Ord. 2544 Section
1 (1978), Ord. 2963 Section 1, (1981), and Ord. 2799 Section 2 (part) (1979) and adding a new
section to B.C.C. Ch. 3.40. WHEREAS, the City Council requested that the City Manager
evaluate the organization of the Public Works and Utilities Department and thereafter the City
Manager appointed a committee to assist her in the evaluation of options for the reorganization
of the Public Works and Utilities Department and the City Manager has considered the report of
said committee; and,
WHEREAS, the City Manager submitted three possible methods of reorganization; and
WHEREAS, the City Council reaffirms its policies as expressed in Resolutions 1840 and
2007, and finds that land use and development affecting storm and surface water should be
managed, regulated and controlled under unified management of a storm and surface water
quality to reduce or control erosion, sedimentation, and paniculate and other pollution of water,
danger and damage to life and property and to protect and encourage the use of natural and
efficient man made means to these ends; and
WHEREAS, by Ordinance 2003, the City Council of the City created and established a
Storm and Surface Water Utility to administer, own and operate the City's storm and surface
water public utilities and specified and adopted the original system or plan of the storm and
surface water public utility, and provided for the management of said utility by the Director of
Public Works, ex officio; and
WHEREAS, on November 2, 1976, the majority of the electorate voted on an advisory
ballot in favor of the issue proposed to them which read:
Shall all property owners, including undeveloped and tax exempt properties, pay monthly
service charges, such monthly rates to relate to the area and state of development of the property,
to finance the operation and maintenance of the Bellevue storm and surface water system? The
City of Bellevue will establish a citizen's commission, appointed by the Mayor and confirmed
by the Council, to advise the City Council regarding rate structure, financial and long-term
planning programs for the City's storm and surface water system. Capital improvements, funded
by revenue bonds and financed by service charges, shall be subject to voter approval; and
WHEREAS, on September 12, 1977, the City Manager determined and the City Council
concurred that Public Works and Utilities be combined into a single department, and such
combined department was created by Resolution 2950 and Ordinance 2544; and
Page 24
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WHEREAS, the City Council believes that the Storm and Surface Water Utility needs
greater independence and visibility to provide for absolute credibility and accountability, and that
this can best be established by establishing the Storm and Surface Water Utility as a separate
department operating as a component of the Waterworks Utility; and
WHEREAS, certain codes, heretofore administered by the Public Works and Utilities
Department will be administered by the Storm and Surface Water Utility; now, therefore
THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
Section 1: Ordinance 2544 Section 1, Ordinance 2963 Section 1, and B.C.C. 3.39.010,
and B.C.C. 3.39.030 are hereby amended to read:
3.39.010 Department established - Functions.
The Department of Public Works and Utilities shall perform all functions heretofore
performed by said department except the functions of the Storm and Surface Water Utility shall
constitute a separate department, operating as a component of the Waterworks Utility as of the
effective date of this ordinance. These functions shall include, but not be limited to, the
administration, supervision, construction, maintenance and operation of the city's system of
streets and other public ways and the water and sanitary sewer systems of the Waterworks Utility.
3.39.030
The Director of Public Works and Utilities is authorized to formulate written development
standards applicable to the administration, supervision, construction, maintenance and operation
of the city's system of streets and other public ways, the water and sanitary sewer systems of the
waterworks utility, and the implementation of ordinances administered by the Department of
Public Works and Utilities or its director regulating public and private development and work.
Said standards shall be effective and shall be enforced by the Department of Public Works and
Utilities upon their approval by resolution of the city council. Said standards shall be applied
consistently with the provisions of state law and city ordinance.
Section 2. Ordinance 2003 Section 2, and B.C.C. 3.40.010 are hereby amended to read:
3.40.010 Established - City Powers - Separate Department.
There is created and established a Storm and Surface Water Utility of the city which shall
be a separate department operating as a component of the Waterworks Utility and which shall
administer the city's storm and surface water public utility. The city elects to exercise all the
lawful powers necessary and appropriate to the construction, condemnation and purchase,
acquisition, addition to, maintenance, conduct and operation, management, regulation and control
of the storm and surface water public utility described in Section 4 of Ordinance 2003 and as the
City of BeUevue, Washington-Ordinance No. 3158B Page 25
-------
same may hereafter be added to, bettered or extended within or without the present and future
limits of the city, including, without limitation, all the lawful powers to fix, alter, regulate and
control the rate, charges and conditions for the use thereof.
Section 3. Ordinance 2003 Section 2, and B.C.C. 3.40.020 are hereby amended to read:
3.40.020 Director - Appointment - Responsibilities.
The City Manager shall appoint the Director of the Storm and Surface Water Utility who
shall report directly to the City Manager. The Director shall be appointed for an indefinite term
and may be removed at any time pursuant to the provisions of R.C.W. 35A.13.100. The Director
shall direct the operations of the utility including but not limited to the administration, planning,
design, construction, operation, maintenance and regulation of the storm drainage system.
Section 4: A new section shall be added to B.C.C. Ch. 3.40:
3.40.040 Development Standards.
The Director of the Storm and Surface Water Utility is authorized to formulate written
development standards applicable to the administration, supervision, construction, maintenance
and operation of the storm and surface water utility of the city and the implementation of
ordinances administered by the Storm and Surface Water Utility regulating public and private
development and work. Said standards shall be effective and shall be enforced by the Storm and
Surface Water Utility upon their approval by resolution of the city council. Said standards shall
be applied consistently with the provisions of state law and city ordinance.
Section 5: Ordinance 2799, Section 2 and B.C.C. 23.76.020 are hereby amended to read:
23.76.020 Permit authority.
The Director of the Storm and Surface Water Utility or his/her designee, hereinafter
termed the permit authority, is the designated agent for the issuance of clearing and grading
permits. The permit authority shall have the authority to set administrative procedures to carry
out the purposes and intent of the Clearing and Grading Code. Such administrative procedures
shall be developed in consultation with the technical committee and shall be made available to
the public for comment at least seventeen days before adoption.
Section 6: The separation of the Storm and Surface Water Utility into an independent
department shall be reviewed by the City Council after one year of operation.
Section 7: This ordinance shall have no effect on the combination of the Storm and
Surface Water Utility with the Waterworks Utility of the City of Bellevue under Ordinance No.
2845. In the event of any conflict between this ordinance and Ordinance No. 2845, said
Ordinance No. 2845 shall control.
City of Bellevue, Washington-Ordinance No. 3158B Page 26
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Section 8: This ordinance shall be published by posting it in the three official posting
places of the city, and shall take effect and be in force January 1, 1983.
PASSED by the City Council this 27th day of September. 1982, and signed in
authentication of its passage this 27th day of September, 1982.
(SEAL)
Roy A. Ferguson, Mayor
Approved as to form:
Linda M. Youngs, City Attorney
Attest:
Marie K. O'Connell, CMC
Acting City Clerk
Published October 2, 1982
City of Bellevue, Washington-Ordinance No. 3158B Page 27
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CITY OF BELLEVUE, WASHINGTON
ORDINANCE NO. 3334
AN ORDINANCE granting to certain senior citizens relief from the City's Utility
Occupation tax and from Water, Sewer and Storm
and Surface Water Utility service charges; specifying the qualifications and requirements for
persons to be entitled to such relief; empowering the Department of Finance to make rules and
regulations to implement such relief; adding a new Section 4.10.185 to the Bellevue City Code;
amending Sections 1 and 2 of Ordinance No. 2147 and Bellevue City Code Sections 4.10.190
and 4.10.200, as last amended by Sections 1 and 2 of Ordinance No. 2787; amending Section 3
or Ordinance No. 2147 and Bellevue City Code Section 4.10.210; amending Section 4 of
Ordinance No. 2787 and Bellevue City Code Section 4.10.220; amending Sections 1 and 2 of
Ordinance No. 2880; and amending Section 3 of Ordinance No. 2819.
WHEREAS, because of increased costs of living there is a continuing need to relieve
certain senior citizens residing in the City of Bellevue from the effects of the City's Utility
Occupation tax and from Water, Sewer and Storm Water Utility service charges; and
WHEREAS, by Chapter 116, Laws of 1979, the City has been expressly authorized to
provide utility services at reduced rates to low income senior citizens; and
WHEREAS, the City Council of the City of Bellevue desires to assist senior citizens who
receive fixed limited incomes, and who therefore suffer severely from increased costs of living;
now, therefore
THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
Section 1. There is hereby added to the Bellevue City Code a new Section 4.10.185 to
read as follows:
4.10.185 Senior citizens - Definitions.
As used in this chapter, the following terms shall have the following meanings:
A. "Benefit year" shall mean the twelve month period ending on December 31st of
any year during which a senior citizen has paid service charge billings to an
organization described in Section 4.10.190;
B. "Qualifying year" shall mean the twelve month period ending on December 31st
of the year immediately preceding the benefit year.
Page 28
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C. "Senior citizen" shall mean a person described by subsection A of Section
4.10.200.
Section 2. Section 1 of Ordinance No. 2147 as last amended by Section 1 of Ordinance
No. 2787 and Bellevue City Code Section 4.10.190 are each hereby amended to read as follows:
4.10.190 Senior Citizen - Tax relief.
There is granted to senior citizens who meet the qualifications and requirements of
Section 4.10.200 and 4.10.210, relief from the utility occupation tax of the City as follows:
A. For all billings paid by the senior citizen during a benefit year for service charges
to any organization which paid the utility occupation tax of the City, the City shall
reimburse said senior citizen for the utility tax which applied to said billings or,
in lieu thereof, at the election of the senior citizen, a minimum amount determined
in accordance with subsection B of this Section.
B. The minimum relief under this chapter for a benefit year is established to be forty-
three dollars, adjusted for benefit year 1984 and each subsequent benefit year in
accordance with Section 4.10.220, prorated for each month of residency in the
City.
Section 3. Section 2 of Ordinance No. 2147 as last amended by Section 2 of Ordinance
No. 2787 and Bellevue City Code Section 4.10.200 are each hereby amended to read as follows:
4.10.200 Senior citizen - Qualifications.
To qualify for the relief set forth in Section 4.10.190, a senior citizen shall:
A. Be sixty-two years of age or older on the first day of the benefit year;
B. Have an income during the qualifying year, from all sources whatsoever, not
exceeding eight thousand eight hundred dollars if a single person, or, a combined
income of husband and wife, from all sources whatsoever, not exceeding eleven
thousand seven hundred dollars if a married person, adjusted for qualifying year
1984 and each subsequent qualifying year in accordance with Section 4.10.220;
and
C. Have been a resident of the City of Bellevue during all or a portion of the benefit
year.
City of BeUevue, Washington-Ordinance No. 3334 Page 29
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Section 4. Section 3 of Ordinance No. 2147 and Bellevue City Code Section
4.10.210 are each hereby amended to read as follows:
4.10.210 Senior citizen - Requirements.
A. All claims for relief under Section 4.10.190 and 4.10.200 must be made annually
and filed with the Department of Finance of the City of Bellevue during the first
sixty days of the year following the benefit year.
B. All billings for which claim is made under Section 4.10.190 and 4.10.200 must
be submitted to the Department of Finance as part of the claim for relief.
C. All claims for relief shall be submitted to the Department of Finance in writing
on a form provided by said department and certified by the claimant.
D. The Department of Finance shall publish rules and regulations to implement this
section and Sections 4.10.185, 4.10.190, 4.10.200, and 4.10.220.
Section 5. Senior citizen - C.P.I, increases.
The amount of minimum relief established under subsection B of Section 4.10.190 and
the amounts of maximum income allowed by subsection B of Section 4.10.200 are hereby
increased by an increase in the Seattle-Everett Consumer Price Index for Urban Wage
Earners and Clerical Workers for the period ending in September of the benefit year or
qualifying year, as the case may be.
Section 6. The amendments contained in Sections 1 through 5 of this Ordinance shall
apply to all billings paid on or after January 1, 1984.
Section 7. Senior citizen - Utility service charges.
Definitions. As used in Sections 7 through 11 of this Ordinance and in Sections 1, 2 and 3 of
Ordinance No. 2819, as amended by this Ordinance, the following terms shall have the following
meanings:
A. "Benefit year" shall mean the twelve month period ending December 31st of any
year during which utility service charges are paid to the City of Bellevue for
utility service charges;
B. "Direct billing customer" shall mean a senior citizen who is directly billed for and
who pays the City of Bellevue for utility service charges;
C. "Indirect billing customer" shall mean a senior citizen who is not directly billed
for City of Bellevue utility service charges, but for whose residence some or all
City of Bellevue, Washington-Ordinance No. 3334 Page 30
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of such charges are paid by a landlord, maintenance association or other third
party;
D. "Qualifying year" shall mean the twelve month period ending December 31st of
the year immediately preceding the benefit year; and
E. "Senior citizen" shall mean a person described by subsection A of Section 2 of
Ordinance No. 2819, as amended by this Ordinance.
Section 8. Section 1 of Ordinance No. 2819 as amended by Section 1 of Ordinance No.
2880 is hereby amended to read as follows:
Section 1. Senior citizens - Utility service charges - Relief. There is hereby granted to
senior citizens who meet the qualifications and requirements of Sections 2 and 3 of this
Ordinance, relief from the City's water, sewer and storm drainage utility service charges
as follows:
A. Direct billing customers. Subject to subsection C of this Section, all billings by
the City during the benefit year to direct billing customers who meet the qualifications
and requirements of Section 2 and 3 of this Ordinance shall
be reduced by an amount equal to 75% of the aggregate of the minimum water, sewerage
and storm drainage service charges as prescribed by the City's water, sewerage and storm
drainage rate ordinance(s) then in effect.
B. Indirect billing customers. Subject to subsection C of this Section, for all billings
paid to the City during the benefit year for indirect billing customers who meet the
qualifications and requirements of Sections 2 and 3 of this
Ordinance, the City shall reimburse such indirect billing customers in an amount equal
to 75% of the aggregate of the minimum water, sewerage and storm drainage service charges as
prescribed by the City's water, sewerage drainage rate ordinance(s) then in effect
C. In determining the amount of relief granted under this Section, the minimum water
service charge shall not include any consumption charges for water consumed beyond
1,000 cubic feet bi-monthly.
Section 9. Section 2 of Ordinance No. 2819 as amended by Section 2 of Ordinance No.
2880 is hereby amended to read as follows:
Section 2. Senior citizens - Utility service charges - Qualifications. To qualify for the
relief set forth in Section 1 of this Ordinance, a senior citizen shall:
A. Be 62 years of age or older on the first day of the benefit year;
City of BeUevue, Washington...Ordinance No. 3334 Page 31
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B. Have an income during the qualifying year, from all sources whatsoever, not
exceeding eight thousand eight hundred dollars, if a single person; or a combined income
of husband and wife, from all sources whatsoever, not exceeding eleven
thousand seven hundred dollars, if a married person. Such maximum incomes shall be
increased for qualifying year 1984 and each subsequent qualifying year by any increase
in the Seattle-Everett Consumer Price Index for Urban Wage Earners and Clerical
Workers for the period ending in September of the qualifying year.
C. Have been a resident of the City of Bellevue during all or a portion of the benefit
year.
Section 10. Section 3 of Ordinance No. 2819 is hereby amended to read as follows:
Section 3. Senior citizens - Utility service charges - Requirements.
A. All claims for relief under this Ordinance must be made annually and filed with
the Department of Finance of the City of Bellevue within the following times:
1. Direct billing customers who file their claim during the first sixty days of
the benefit year shall be eligible for a reduction in their billings effective as of the
first billing date of the benefit year. Any such customer who files a claim
thereafter shall be eligible for a reduction effective as of the billing as of the
billing date next following the date of filing.
2. Indirect billing customers shall file their claim during the first sixty days
of the year following the benefit year.
B. All billings for which claim is made under this Ordinance must be submitted to
the Department of Finance as part of the claim for relief.
C. All claims for relief shall be submitted to the Department of Finance in writing
on a form provided by said department and certified by the claimant.
D. The Department of Finance of the City shall publish rules and regulations to
implement this Ordinance.
Section 11. The amendments contained in Sections 7 through 10 of this Ordinance shall
apply to all billings to direct billing customers dated on or after January 1, 1984, and to
all billings for indirect billing customers paid on or after January 1, 1984.
Section 12. This Ordinance shall be published by posting it in the three official posting
places of the City, and shall take affect and be in force five days after the date of posting.
City of Bellevue, Washington-Ordinance No. 3334 Page 32
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PASSED by the City Council this 19th day of December 1983, and signed in
authentication of its passage this 19th day of December 1983.
(SEAL)
Roy A. Ferguson, Mayor
Approved as to form:
Linda M. Youngs, City Attorney
Richard L. Andrews, Assistant City Attorney
Marie K. O'Connell, City Clerk
Published: December 24. 1983
City of BeUevue, Washington...Ordinance No. 3334 Page 33
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CITY OF BELLEVUE, WASHINGTON
ORDINANCE NO. 3688
AN ORDINANCE increasing storm and surface water drainage charges for the Storm and
Surface Water Utility of the City of Bellevue; creating a new classification for wetland; amending
the combined rate for large properties; amending the credit provided for detention facilities;
adopting certain rate policies; and amending Sections 2, 3 and 4 of Ordinance No. 2429.
WHEREAS, Section 4 of Ordinance No. 2429, as amended, requires that the rates and charges
established therein be reevaluated no later than five years from March 1, 1982; and
WHEREAS, the Storm and Surface Water Utility, with the advice and assistance of a rate
consultant, has reviewed the financial condition of the Utility and has reviewed the rates and
charges provided by Ordinance No. 2429 as amended and the policies upon which said rates and
charges were established; and
WHEREAS, the rate consultant and the Utility have determined and recommend that the rates
and charges of the Utility be modified to provide for a more equitable distribution of said rates
and charges; that revenues available to the Utility be increased; and that certain rate policies with
respect thereto be adopted; and
WHEREAS, additional revenues for the Utility are necessary to fund the 1987-1991 Utility CIP,
reestablish reserves used for the January, 1986 storm emergency, improve the Utility's debt
coverage factor, and to provide for increased operations and maintenance costs resulting from CIP
construction, plat dedications, annexations, and in anticipation of new federal regulations on
storm water quality; and
WHEREAS, a public hearing was held on June 23, 1986, with regard to said proposed increase
in the Utility's rates and charges; and
WHEREAS, the Storm and Surface Water Advisory Commission has reviewed the proposed
modifications to the Utility's rates and charges and the proposed rate policies and on July 10,
1986 recommended adoption of said proposals and policies; now, therefore,
THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
Section 1. Section 4 of Ordinance No. 2429 as amended by Section 2 of Ordinance No. 2577
and further amended by Section 1 of Ordinance No. 3080 is further amended to read as follows:
Page 34
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Section 4. There is hereby levied upon all real property within the City of Bellevue which
contributes drainage water to or which benefits from the function of the Storm and Surface Water
Utility of the City of Bellevue, and there shall be collected from owners thereof, monthly service
charges based on the square footage of the properties on the appropriate intensity of development
classification(s) of such properties, such that for each 2,000 square feet of area or increments
thereof, the property shall be charged an amount per month as follows:
Light Moderate Heavy Very Heavy
Wetland Undeveloped Development Development Development Development
$0.00 $0.14 $0.81 $1.01 $1.51 $2.03
and each account shall be charged an additional customer charge in the amount of $0.89 per
month, and there shall be collected from the owners of undeveloped properties which become
developed a "late-comer" facilities charge of $11.87 per equivalent billing unit per year from
March 1, 1982 to date of development, pro-rated on a monthly basis. An equivalent billing unit
shall be defined as the number of square feet of property divided by 2,000 square feet times the
runoff coefficient associated with the newly developed property's intensity of development
classification. The runoff coefficient for the following development classifications are defined
as follows: Wetland: 0.00; Undeveloped: 0.25; Light Development: 0.4; Moderate
Development: 0.5; Heavy Development: 0.75; Very Heavy Development: 1.00.
The rates and charges established herein shall be reevaluated no later than five years from
September 1, 1986.
Section 2. Section 3 of Ordinance No. 2429 as amended by Section 1 of Ordinance No. 2577
is hereby further amended to read as follows:
Section 3. The Storm and Surface Water Utility may reclassify an individual parcel of property
to the next lower classification of intensity than would be indicated by its percentage of
impervious surfaces based on hydrologic date to be submitted by the property owner or his agent
to the said Utility, which demonstrates a hydrologic response substantially similar to that of a
parcel of property of such lower classification of intensity.
The City Council further finds that, in the case of some parcels of property of more than 35,000
square feet in size, in addition to the conditions set forth in paragraph 1 of this section, there may
be intensities of development on portions of such parcels of property which differ significantly
from other portions of such property in terms of hydrologic response. To provide for
consideration of the variation in intensity of development which may be present on such parcels
of property, the Storm and Surface Water Utility may classify portions of such parcels of
property in any of the classifications defined in Section 2 on the basis of hydrologic response.
Provided, however, that at least 35,000 square feet shall be classified in the most intense
classification appropriate to a portion of the parcel of property.
City of Bellevue, Washington...Ordinance No. 3688 Page 35
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Section 3. Section 2 of Ordinance No. 2429 is hereby amended to read as follows:
Section 2. All real property in the City of Bellevue shall be classified by the Storm and Surface
Water Utility according to the square footage of area of the property and the intensity of
development set forth below:
a. Wetlands - Real property or a portion of real property that has been designated as "wetlands"
pursuant to the City's Sensitive Areas Notebook, as hereafter adopted. Such property shall
continue to be charged under its existing classification until it has been specifically designated
as "wetlands" pursuant to the Sensitive Areas Notebook.
b. Undeveloped - Real property which is undeveloped and unaltered by buildings, roads,
impervious surfaces or other physical improvements which change the hydrology of the property
from its nature state.
c. Light Development - Developed real property which has impervious surfaces of less than 20%
of the total square footage area of the property.
d. Moderate Development - Developed real property which has impervious surfaces between
20% and 40% of the total square footage area of the property.
e. Heavy Development - Developed real property which has impervious surfaces between 40%
and 70% of the total square footage area of the property.
f. Very Heavy Development - Developed real property which has impervious surfaces of more
than 70% of the total square footage area of the property.
Section 4. The rate policies given Clerk's Receiving No. 11466 are hereby adopted.
Section 5. The revised monthly service charges, monthly customer charge and late-comer
facilities charge, herein established shall take effect on September 1, 1986.
Section 6. This ordinance shall take effect and be in force five days after its passage and legal
publication.
City of BeUevue, Washington-Ordinance No. 3688 Page 36
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PASSED by the City Council this 28th day of July . 1986 and signed in authentication of its
passage this 28th day of July . 1986.
(SEAL)
Gary E. Bozeman, Mayor
Approved as to form:
Richard L. Andrews, City Attorney
Richard Gidley, Assistant City Attorney
Attest:
Marie K. O'Connell, City Clerk
Published August 3. 1986
City of BeUevue, Washington-Ordinance No. 3688 Page 37
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CITY OF BELLEVUE, WASHINGTON
ORDINANCE NO. 4309
AN ORDINANCE increasing storm and surface water drainage charges for the Storm and
Surface Water Utility of the City of Bellevue; and amending Section 4 of Ordinance No. 2429,
as amended.
WHEREAS, the Storm and Surface Water Utility, with the advice and assistance of a rate
consultant, has reviewed the financial condition of the Utility and has reviewed the financial
condition of the Utility and has reviewed the rates and charges provided by Ordinance No. 2429,
as amended, and the policies upon which said rates and charges were established; and
WHEREAS, the rate consultant and the Utility have determined and recommend that the rates
and charges of the Utility be increased; and
WHEREAS, additional revenues for the Utility are necessary to fund the 1991-1997 Utility CIP;
maintain adequate reserves; and to provide for continuance of water quality and education
programs previously funded by grants; as well as other increased operating and debt service
costs; and
WHEREAS, a public hearing was held before the Environmental Service Commission on
November 7, 1991 and another public hearing was held on November 12, 1991, with regard to
the budget of the City of Bellevue for 1992; and
WHEREAS, the Environmental Services Commission has reviewed the proposed modifications
to the Utility's rate and charges and on November 21, 1991, recommended adoption of said
modifications; now, therefore,
THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
Section 1. Section 4 of Ordinance No. 2429 as amended by Section 2 of Ordinance No. 2577
and as further amended by Section 1 of Ordinance No. 3080, Section 1 of Ordinance No. 3688,
Section 1 of Ordinance No. 3980 and Section 1 of Ordinance No. 4198, is further amended to
read as follows:
Section 4. There is hereby levied upon all real property within the City of Bellevue which
contributes drainage water to or which benefits from the function of the Storm and Surface Water
Utility of the City of Bellevue, and there shall be collected from the owners thereof, monthly
service charges based on the square footage of the properties and on the appropriate intensity of
Page 38
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development classification(s) of such properties, such that for each 2,000 square feet of area or
increments thereof, the property shall be charged an amount per month as follows:
Light Moderate Heavy Very Heavy
Wetland Undeveloped Development Development Development Development
$0.00 $0.17 $0.99 $1.23 $1.83 $2.46
and each account shall be charged an additional customer charge in the amount of $1.08 per
month, and there shall be collected from the owners of undeveloped properties which become
developed a "late-comer" facilities charge of $11.87 per equivalent billing unit per year from
March 1, 1982 to date of development, pro-rated on a monthly basis. An equivalent billing unit
shall be defined as the number of square feet of property divided by 2,000 square feet times the
runoff coefficient associated with the newly developed property's intensity of development
classification. The runoff coefficient for the following development classifications are defined
as follows: Wetland: 0.00; Undeveloped: 0.25; Light Development: 0.4; Moderate Development:
0.5; Heavy Development: 0.75; Very Heavy Development: 1.00.
The rates and charges established herein shall be reevaluated no later than five years from the
effective date of this Ordinance.
Section 2. The revised monthly service charges and monthly customer charge established in
Section 1 of this ordinance shall take effect on January 1, 1992.
City of BeUevue, Washington-Ordinance No. 4309 Page 39
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MEMORANDUM OF AGREEMENT
SEPTIC SYSTEM REPAIR PROGRAM
WHEREAS, the Jefferson County Planning and Building Department has been designated lead
agency in addressing water quality issues in Jefferson County, and
WHEREAS, the Jefferson County Health Department Environmental Health Division is charged
with the responsibility to oversee a number of environmental quality programs including the
design and installation of on-site sewage disposal systems, and
WHEREAS, Jefferson County has received a Centennial Clean Water Fund (CCWF) grant to
address non-point pollution problems or potential problems within the county, and
WHEREAS, said grant contains specific work elements (see Attachment A) concerning on-site
sewage disposal systems as a potential contributor of water quality degradation, and
WHEREAS, Jefferson County has also received loan funds from the Washington State Water
Pollution Revolving Loan Fund (SRF) to provide low interest loans to individuals with problem
septic systems, and
WHEREAS, the two programs, the CCWF grant and the SRF loan, are intended to work in
tandem to address on-site sewage disposal as a contributor or potential contributor to water
quality degradation,
NOW THEREFORE IT IS AGREED, the Jefferson County Health Department Environmental
Health Division will perform the tasks outlined on Attachment A: including septic repair design
or design oversight, public education, promotion of SRF funds availability to assist in system
repairs, oversight a repair installation and final approval all systems repaired under this program.
The division will keep accurate records of assistance and education provided and transmit the
same to the Planning and Building Department as provided for in Appendix A.
BE IT FURTHER AGREED, that the Jefferson County Planning and Building Department will
transfer twenty two thousand dollars ($22,000) annually to the Health Department to fund the
work elements outlined in Attachment A. The department shall also act as the loan agent for
SRF monies and provide loan assistance to all eligible parties referred by the Health Department.
Page 40
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BE IT FURTHER AGREED, that departments will work in mutual cooperation to accomplish
the goals and objectives of the water quality grant and loan programs and perform the necessary
tasks to ensure their successful implementation.
AGREED THIS DAY OF 1990
Cathy Stafford, Administrator, Health Department
AGREED THIS DAY OF 1990
David Goldsmith, Director, Planning and Building Department
Memorandum of Agreement-peptic System Repair Program Page 41
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STATE AND SUB-STATE
REVOLVING FUNDS
California's State Revolving Fund
California's Legislation
Washington's Revolving Fund
Resolution 11-90
Memorandum of Agreement
-------
STATE OF CALIFORNIA
NFS LOANS FROM THE STATE REVOLVING FUND
20
CC -I
SUMMARY
The State of California was one of the first states in the nation to use its
state revolving fund (SRF) to make loans for NFS projects, The fund is
administered by the State Water Board. The State Water Board has separated the
administration of the fund from the wastewater treatment facilities program and has
developed a flexible program which will evaluate and select for funding a wide
variety of nonpoint source pollution projects.
To date, the state revolving fund has been used to purchase efficient
irrigation equipment to reduce salt and selenium contamination, for sediment
control, for wetlands development to improve water quality from storm water
discharges, to connect storm sewers to combined systems, and to improve water
quality through stormwater retention and detention basins. About ten projects ace
in various stages of development These projects all have been evaluated and
selected on the basis of water quality benefits*
INTRODUCTION
The State of California recognizes that nonpoint sources are a major cause of water
pollution in the state. The Federal Water Pollution Control Act, as amended in 1987,
allowed states which had adequately addressed their needs for sewage treatment facilities
to use funds from their state revolving funds to address nonpoint source pollution.
California was one of the first states in the country to use its SRF for NFS purposes.
The administration of the program is through the State Water Resources Control Board
which provides SRF loan funding for wastewater treatment facilities, nonpoint source
pollution programs and estuary programs. The Board separated the management of its
wastewater treatment projects and its nonpoint source pollution programs. This decision
facilitated use of the fund for nonpoint source pollution projects without the traditional
requirements of the municipal facilities program.
The State Water Board developed a NFS program for the SRF which has resulted in
the funding of a variety of projects. Eligible NFS projects include construction of
demonstration projects, retention/detention basins, wetlands for stormwater treatment and
a variety of best management practices to reduce or remove pollutants. Eligible programs
Page 42
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could also include training, public education, technology transfer, ordinance development
and\or development of management practices. Priority NFS categories for funding include
silviculture, mining, agriculture and urban runoff.
The NFS program for the SRF also permits the establishment of substate revolving
funds which can provide funding to private individuals, within septic system maintenance
districts.
Interest on the loans is tied to 1/2 the states general obligation bond rate, as determined
by the most recent bond sale; and terms of payments can be as long as 20 years. Loans
can cover 100% of the project or program costs. Repayments usually begin one year after
a program or project is implemented.
The types of projects funded so far by the SRF include three separate loans for water
districts to purchase efficient irrigation equipment for agricultural use. By using better
equipment, the drainage from irrigation is reduced and therefore selenium and salts from
the soil are reduced. In addition, funds are being used to develop a wetlands as a treatment
measure for stormwater runoff, to establish stormwater retention and detention basins to
connect storm sewers to an upgraded combined sewer system, to control sediments and
to develop a stormwater management program. In the future, California expects to
establish substate revolving funds to address on-site treatment problems.
A loan request from the state revolving fund is made by submitting an eight page
application which requires basic backup information. The local government is required
to pass a brief resolution which establishes a dedicated source of repayment for the loan.
The State Water Board identifies the project in the annual SRF Intended Use Plan which
is approved through a public hearing process.
COMMENTARY
The State Water Resources Control Board has a variety of funding sources 10
provide resources for NFS projects and programs at the local level In addition,
local governments have bonding authority and other ways to generate revenues to
carry out nonpoint source pollution control activities. Therefore, the Board has
decided to use the state revolving fund to fund a broad range of activities,
depending on local needs.
California: State Revolving Fund NFS Loans Page 43
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COMMENTARY Continued.*.
Although requests for loans from the SRF have been limited, projects
funded to date provide good examples of SRF use for NFS purposes. The State
anticipates increased requirements for nonpohit source pollution, coastal zone
management and stormwater management which will probably increase the use of
SRF funds.
In setting up and administering the state revolving fund, state staff have
emphasized the need for loan recipients to be credit worthy. In general, this issue
has been addressed by selecting municipalities with assured sources of income as
loan recipients. Some communities have also expressed concerns regarding other
administrative requirements, such as annual public hearings on the list of projects
which the state proposes for funding. However, in general, these administrative
requirements do not appear to have adversely affected the selection of worthy
projects.
The State of California has established the state revolving fund as one more
tool to address nonpoint source pollution where it can be appropriately utilized.
The State has left the interpretation of the program flexible so it can be used in a
variety of situations. The projects selected were evaluated on the basis of water
quality benefits and are expected to realize these benefits after construction or
implementation. ___________„
California: State Revolving Fund NFS Loans Page 44
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CALIFORNIA STATE REVOLVING FUND PROJECT LIST
AGENCY
Fresno Metropolitan Flood
Control District
City and County of San
Francisco
Walker River Irrigation
District
Firebaugh Canal Water
District
City of Davis
City of Stockton
DESCRIPTION
Set up of a stormwater quality management program,
purchase sites for stormwater retention and detention
basins, and construct stormwater retention and detention
basins. The loan contract was executed on 11/07/91.
The District has begun work on several components of
the agreement.
Construction of a 5' diameter transport, storage sewer
in the 20th Street Subbasin to control stormwater flows
to San Francisco Bay. The loan contract was executed
on 11/14/91. Project is presently under construction.
Removal of sediment from the East Fork of the Walker
River. The loan contract was executed on September
23, 1991. The project was completed 7/92.
Purchase of efficient irrigation equipment for lease to
local farmers. More efficient irrigation results in a
significant reduction in the amount of drainage, which
is high in selenium and salts. The loan contract was
executed on 01/02/92.
Construction of a wetland to treat stormwater prior to
discharge to the Yolo Bypass. The project is in
conjunction with a Army Corps of Engineers program
to develop wetlands in the Pacific Flyway. Currently
finalizing negotiations.
Set up of a stormwater quality management program.
State signature is pending. Work has begun.
Page 45
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Senate Bill No. 1284
CHAPTER 1313
An act to add Chapter 6.5 (commencing with Section 13475) to
Division 7 of the Water Code, relating to water pollution control,
making an appropriation therefor, and declaring the urgency
thereof, to take effect immediately.
[Approved by Governor September 28, 1987. Filed with
Secretary of State September 28, 1987.]
LEGISLATIVE COUNSEL'S DIGEST
SB 1284, Bergeson. Water pollution control: revolving fund.
Under existing law, various bond acts have been adopted to
provide necessary funds to ensure the full participation by the state
under the federal Clean Water Act in obtaining funds for the
construction of treatment works.
This bill would create the State Water Pollution Control Revolving
Fund and would continuously appropriate the moneys in the fund to
the State Water Resources Control Board for expenditure, as
specified. The bill would establish in the fund a Federal Revolving
Loan Fund Account and a State Revolving Loan Fund Account to
comply with the federal Tax Reform Act of 1986. The bill would
specify the powers of the board in administering the fund, would
authorize the board to enter into specified agreements with the
federal government with respect to the fund, and would permit
moneys in the fund to be used for specified purposes relating to the
construction of treatment plants and related activities. The board
would be authorized to enter into contracts or procure services or
equipment, notwithstanding any other provision of law, to comply
with requirements imposed by the federal Tax Reform Act of 1986,
or the federal Clean Water Act, with respect to the fund.
The bill would make legislative findings and declarations.
The bill would declare that it is to take effect immediately as an
urgency statute.
Appropriation: yes.
The people of the State of California do enact as follows:
SECTION 1. Chapter 6.5 (commencing with Section 13475) is
added to Division 7 of the Water Code, to read:
CHAPTER 6.5. STATE WATER POLLUTION CONTROL REVOLVING
FUND
13475. (a) The Legislature hereby finds and declares that since
the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) provides for
94 60
Page 46
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Ch. 1313 — 2 —
establishment of a perpetual water pollution control revolving loan
fund, which will be partially capitalized by federal contributions, it
is in'the. interest of people of the state, in order to ensure full
participation by the state under the federal Clean Water Act, to
enact this chapter to authorize the state to establish and implement
a state/federal water pollution control revolving fund in accordance
with federal provisions, requirements, and limitations.
(b) The primary purpose of this chapter is to enact a statute
consistent with the provisions and requirements of the federal Clean
Water Act, as those provisions, requirements, and limitations relate
to establishment, management, and operation of a state/federal
water pollution control revolving fund. It is the intent of the
Legislature that the terms of this chapter shall be liberally construed
to achieve this purpose.
13476. As used in this chapter, unless the context otherwise
requires:
(a) "Board" means the State Water Resources Control Board.
(b) "Federal Clean Water Act" or "federal act" means the federal
Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) and acts
amendatory thereof or supplemental thereto.
(c) "Fund" means the State Water Pollution Control Revolving
Fund.
(d) "Municipality" shall have the same meaning and construction
as in the federal act and also includes all state, interstate, and
intermunicipal agencies.
(e) "Publicly owned" means owned by a municipality.
13477. The State Water Pollution Control Revolving Fund is
hereby created in the State Treasury, and, notwithstanding Section
13340 of the Government Code, all moneys in the fund are
continuously appropriated without regard to fiscal years to the board
for expenditure in accordance with this chapter. The board is the
state agency responsible for administering the fund. In order to
facilitate compliance with the federal Tax Reform Act of 1986 (Public
Law 99-514), there is hereby established in the fund a Federal
Revolving Loan Fund Account and a State Revolving Loan Fund
Account. From time-to-time thereafter, the board may modify
existing accounts in the fund and may establish other accounts in the
fund, and in all other funds administered by the board, which the
board deems appropriate or necessary for proper administration.
13478. The board may undertake any of the following:
(a) Enter into agreements with the federal government for
federal contributions to the fund.
(b) Accept federal contributions to the fund.
(c) Use moneys in the fund for the purposes permitted by the
federal act.
(d) Provide for the deposit of available and necessary state
moneys into the fund.
(e) Make requests on behalf of the state for deposit into the fund
94 80
California Law Page 47
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— 3— Ch. 1313
of available federal moneys under the federal act and determine on
behalf of the state appropriate maintenance of progress toward
compliance with the enforceable deadlines, goals, and requirements
of the federal act.
(f) Determine on behalf of the state that publicly owned
treatment works which receive financial assistance from the fund
will meet the requirements of, and otherwise be treated as required
by, the federal act.
(g) Provide for appropriate audit, accounting, and fiscal
management services, plans, and reports relative to the fund.
(h) Take such additional incidental action as may be appropriate
for adequate administration and operation of the fund.
13479. (a) The board may enter into an agreement with the
federal government for federal contributions to the fund only (1)
when the state has appropriated any required state matching funds,
and (2) when the board is prepared to commit to expenditure of any
minimum amount in the fund in the manner required by the federal
act.
(b) Any agreement between the board and the federal
government shall contain those provisions, terms, and conditions
required by the federal act, and any implementing federal rules,
regulations, guidelines, and policies, including, but not limited to,
agreement to the following:
(1) Moneys in the fund shall be expended in an expeditious and
timely manner.
(2) All moneys in the fund as a result of federal capitalization
grants shall be used to assure maintenance of progress toward
compliance with the enforceable deadlines, goals, and requirements
of the federal act, including any applicable municipal compliance
deadlines.
(3) Publicly owned treatment works which will be constructed, in
whole or in part, before federal fiscal year 1995 shall meet the
requirements of, or otherwise be appropriately treated under the
applicable provisions of, the federal act.
13480. (a) Moneys in the fund shall be used only for the
permissible purposes allowed by the federal act, including providing
financial assistance for the following purposes:
(1) The construction of publicly owned treatment works, as
defined by Section 212 of the federal act, by any municipality.
(2) Implementation of a management program pursuant to
Section 319 of the federal act.
(3) Development and implementation of a conservation and
management plan under Section 320 of the federal act.
(4) Financial assistance, other than a loan, toward the nonfederal
share of costs of any grant funded treatment works project, but only
if that assistance is necessary to permit the project to proceed.
(b) Consistent with expenditure for authorized purposes, moneys
in the fund may be used for the following purposes:
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California Law Page 48
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Ch. 1313 — 4 —
(1) Loans which shall (A) be made at or below market interest
rates, (B) require annual payments of principal and any interest,
with repayment commencing not later than one year after
completion of the project for which the loan is made and full
amortization not later than 20 years after project completion, (C)
require the loan recipient to establish an acceptable dedicated
source of revenue for repayment of any loan, and (D) contain such
other terms and conditions as may be required by the board or the
federal act or applicable rules, regulations, guidelines, and policies.
To the extent permitted by federal law, the interest rate shall be set
at a rate equal to 50 percent of the interest rate paid by the state on
the most recent sale of state general obligation bonds and the interest
rate shall be computed according to the true interest cost method.
If the interest rate so determined is not a multiple of one-tenth of 1
percent, the interest rate shall be set at the multiple of one-tenth of
1 percent next above the interest rate so determined. Any loan from
the fund used to finance costs of facilities planning, or the
preparation of plans, specifications, or estimates for construction of
publicly owned treatment works shall require that, if the loan
recipient receives a grant under Section 201 (g) and an allowance
under Section 210(i)(l) of the federal act for nonfederal funds
expended for that planning or preparation, the recipient shall
promptly repay to the fund any portion of the loan used for the
planning or preparation to the extent of that allowance.
(2) To buy or refinance the debt obligations of municipalities
within the state at or below market rates if those debt obligations
were incurred after March 7, 1985.
(3) To guarantee, or purchase insurance for, local obligations
where that action would improve credit market access or reduce
interest rates.
(4) As a source of revenue or security for the payment of principal
and interest on revenue or general obligation bonds issued by the
state, if the proceeds of the sale of those bonds will be deposited in
the fund.
(5) To establish loan guarantees for similar revolving funds
established by municipalities.
(6) To earn interest.
(7) For payment of the reasonable costs of administering the fund
and conducting activities under Title VI of the federal act. Those
costs shall not exceed 4 percent of all federal contributions to the
fund, except that if permitted by federal and state law, interest
repayments into the fund and other moneys in the fund may be used
to defray additional administrative and activity costs to the extent
permitted by the federal government and approved by the
Legislature in the Budget Act.
(8) For financial assistance toward the nonfederal share of the
costs of grant funded treatment works projects to the extent
permitted by the federal act.
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— 5— Ch. 1313
13481. The fund shall be used to provide financial assistance only
for projects which are (a) consistent with plans, if any, developed
under Sections 205 (j), 208,303 (e), 319, and 320 of the federal act, and
(b) on the approved state priority list adopted under Section 216 of
the federal act.
13482. (a) In accordance with the Clean Water Bond Law of
1984 (Chapter 13 (commencing with Section 13999)), the board,
with the approval of the Clean Water Finance Committee, may
transfer funds from the Clean Water Construction Grant Account to
the fund for the purpose of meeting federal requirements for state
matching moneys in the fund.
(b) Any repayment of fund moneys, including interest payments,
and all interest earned on or accruing to any moneys in the fund, shall
be deposited in the fund and shall be available, in perpetuity, for
expenditure for the purposes and uses permitted by the federal act.
13483. (a) To the extent permitted by federal and state law,
moneys in the fund may be used to rebate to the federal government
all arbitrage profits required by the federal Tax Reform Act of 1986
(Public Law 99-514), or any amendment thereof or supplement
thereto. To the extent that this use of the moneys in the fund is
prohibited by federal or state law, any rebates required by federal
law shall be paid from the General Fund or other sources, upon
appropriation by the Legislature.
(b) Notwithstanding any other provision of law or regulation, the
board may enter into contracts, or may procure those services and
equipment, which may be necessary to ensure prompt and complete
compliance with any provisions relating to the fund imposed by
either the federal Tax Reform Act of 1986 (Public Law 99-514) or the
federal Clean Water Act.
13485. The board may adopt rules and regulations necessary or
convenient to implement this chapter and to meet federal
requirements pursuant to the federal act.
SEC. 2. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to assure maximum participation in federal funding
sources, provide maximum opportunity for all California
municipalities to participate in available financial assistance for
construction of treatment works, assist municipalities in meeting
statutory deadlines, and provide for continuation of prompt
construction of needed treatment works, it is necessary that this act
take effect immediately.
O
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JEFFERSON COUNTY, WASHINGTON
WATER QUALITY IMPROVEMENT FUND
SUMMARY
In 1989 the State of Washington established a Water Pollution Control Revolving
Fund (SRF) which would provide loans for several purposes, including funding for
nonpoint source projects, Jefferson County then entered into an agreement with the State
to start a program called the Jefferson County Water Quality Improvement Fund (WQIF).
WQIF funds are distributed in the form of loans and are targeted to correct
malfunctioning septic systems and abate runoff from agricultural lands, Interest; rates for
the loans varies from 0-8% annually based upon eligibility and ability to pay. To date,
the county has received $200,000 which it will have to repay the state in 10 years. The
fund has been used to renovate malfunctioning septic tanks In low income homes which
were affecting shellfish beds and salmon spawning areas. Some agricultural uses of the
fund ate in the planning stage.
The Jeffersofi County Water Quality Improvement Fund is the finest example in
the nation of a program created to address nonpoint source pollution problems.
INTRODUCTION
Jefferson County, Washington is located in the Olympic Mountains and has both Pacific
Ocean and Puget Sound coastlines. The coastal area has very unique oyster beds and is a
significant breeding area for Pacific Salmon. Most of the land within the County is part of the
Olympic National Forest and Park. Due to shellfish bed closures in 1985 and a concern for
salmon, a monitoring program began which showed that nonpoint source pollution from
agriculture and failing septic systems was causing water quality problems.
To address high priority water quality problems, the County entered into an agreement
with the State to utilize the State Revolving Fund to establish a program called the Jefferson
County Water Improvement Fund. Washington's SRF is similar to those in all states. It was
capitalized by grants from the Environmental Protection Agency (EPA) and state matching funds
and can be used to address several specific types of water pollution problems. The loans from
die fund of $200,000 have been targeted to low income and/or senior citizen households and
agriculture. The $200,000 fund was divided into two subprograms $100,000 for malfunctioning
septic systems and $100,000 for agricultural conservation practices. The WQIF was established
in June of 1990 and so far has been used to make 21 loans.
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PROVISIONS OF THE WATER QUALITY IMPROVEMENT FUND (WOIF)
Landowners follow a series of steps to identify a need and to apply and receive funds
from the WQIF. The WQIF program steps are as follows:
1. PROBLEM IDENTIFICATION
A water quality problem or potential problem (septic or agricultural) is identified and
referred to the appropriate department or agency (County Health Department or County
Conservation District) for response.
2. REHABILITATION ASSESSMENT
The department or agency will work with the landowner to develop rehabilitation
measures to correct the problem, at which point the applicant is referred to the WQIF program
to fund the rehabilitative measures. Application forms are available from the Planning and
Building Department's Water Quality Program.
3. APPLICATION TO WQIF
Application to the Jefferson County Planning and Building Department is made, the
application processed and the applicant notified that he is accepted or not for a loan. Applications
are prioritized by severity of water quality impacts and income level.
4. DESIGNS, BIDS AND PERMIT
Applicants with conventional septic systems will work, in most cases, with the Health
Department. Applicants with alternative septic systems work, in most cases, with a private
alternative septic system designer (for system design) and a private contractor (for system
installation). The applicant must submit bids from both the contractor and the designer to the
Planning and Building Department. All septic system projects must apply for and receive a
sewage disposal permit from the Health Department before proceeding with Step 5. Applicants
with an agricultural project must secure a costs and materials estimate from their chosen building
supply business and submit it to the Planning and Building Department before proceeding to step
5.
5. LOAN PROCESSING AND WORK AUTHORIZATION
The loan agreement, promissory note, and deed of trust are completed by the Planning
and Building Department. Work on the corrective measures is then authorized.
Jefferson County, Washington—Water Quality Improvement Fund Page 52
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6. APPROVAL AND REIMBURSEMENT
Upon completion, the work is inspected and approved by the appropriate agency or
department; the loan agreement, promissory note, deed of trust and maintenance agreement (if
any) with the Public Utilities District #1 are executed, and the contractors (septic) or materials
supplier (agricultural) are reimbursed by the county.
INTEREST RATES FOR THE WQIF PROGRAM ARE AS FOLLOWS:
Low Income/Senior Citizen Other Citizens
0-5 years no interest 0-5 years 6% annually
6+ years 4% annually 6+ years 8% annually
Senior citizens and/or low income applicants will have varying repayment schedules based
on the ability to pay. In some cases, there is no interest or repayments and the
county will receive repayment when the property is sold or becomes part of an estate settlement
at the death of a resident. If a person fails to carry out the operation and maintenance of a
conservation practice or system the loan can become due on demand.
Land owners have been fortunate that a local lawyer has volunteered one to two hours
to work with applicants if they need assistance.
PROGRAM ADMINISTRATION AND IMPLEMENTATION
In 1989 the State of Washington passed a law to set up a State Revolving Fund. Chapter
173-98 of the Washington code establishes the uses and limitations of the Water Pollution
Control Revolving Fund. To utilize the state funds at a substate level, Jefferson County took the
following actions.
In 1990 Jefferson County applied to the State and received $200,000. to establish a
revolving fund. The County's application outlined its program and included a commitment to
repayment of principal with 4% interest for 10 years. The County Board of Commissioners
demonstrated their commitment by passing a resolution entitled "A Resolution Committing To
The Repayment of Loan, State of Washington, Washington State Water Pollution."
To carry out the program a memorandum of agreement was entered into with the
Jefferson County Soil Conservation District for agricultural practices and the Health Department
for septic system repairs. The Public Utility District #1 agreed to municipal oversight inspection
of repaired septic systems. The Jefferson County Planning and Building Department handles
applications, approves bids, prepares the loan package, disburses funds to bidders and sends a
voucher to the state for reimbursement.
Jefferson County, Washington...Water Quality Improvement Fund Page 53
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The funds received by the County can be used for technical assistance, such as outside
engineering services. The cost becomes part of the loan. Administrative costs become indirect
costs borne by the county and the installation costs are included as part of the loan. A loan
application must have the approval of the County Board of Commissioners.
COMMENTARY
Jefferson County was faced with the serious issue of shellfish bed closure and the
deterioration of spawning beds for salmon. The problems of malfunctioning septic
systems and agricultural nonpoint source pollution had been identified as major
contributors to the water quality problem. Advocacy groups such as the watermen and
fishing organizations were asking for action. So when the Washington State Revolving
Fund was established, the county quickly established a program to help resolve some of
the identified problems.
In the first year of the program, 17 applicants were serviced for septic system
repairs and replacements. A key to working effectively with the senior citizens and/or
low income residences was the involvement of staff of county health department The
social workers already were aware of some households which needed help, and they
encouraged the residents to apply. Another important support came from the staff of the
county prosecuting attorney's office. The resulting septic system repairs and
replacements clearly resulted in water quality improvements.
Although an equal amount of funds were set aside for agricultural conservation
practices, applicants have been slower in asking for support. The reason may be the
current practice of using ASCS cost sharing funds and a reluctance to take loans for
volunteer conservation practices.
Jefferson County, Washington...Water Quality Improvement Fund Page 54
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RESOLUTION NO. 11-90
A RESOLUTION COMMITTING TO THE REPAYMENT OF LOAN,
STATE OF WASHINGTON, WASHINGTON STATE WATER POLLUTION
REVOLVING LOAN FUND (SRF).
WHEREAS, the State of Washington has established a revolving loan program to address and
correct water pollution problem State wide, and
WHEREAS, said fund may be utilized to address identified non-point pollution problems, and
WHEREAS, Jefferson County, over the past three years, has actively been identifying and
correcting non-point pollution problem, and
WHEREAS, Jefferson County has secured a grant to continue on with and expand its program
of identifying water quality problems, and
WHEREAS, assistance to individuals, particularly the low income, is required if correction of
water quality problems is to be accomplished, and
WHEREAS, Jefferson County has applied for and received loan approval from SRF to provide
financial assistance in the correction of non-point pollution problems, primarily septic repair and
agricultural practices, and
WHEREAS, the SRF loan requires commitment of repayment, and
WHEREAS, There will, in all likelihood be a lag between the time payment is due from SRF
and when Jefferson County will receive payment from funds reloaned,
NOW THEREFORE BE IT RESOLVED, that Jefferson County does hereby commit that portion
of its current expense budget necessary to repay SRF as per the repayment schedule established
in the loan agreement,
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BE IT FURTHER RESOLVED, that all SRF loan funds will be paid in full within ten (10) years
from the effective date of the final loan agreement
APPROVED AND ADOPTED this day of , 1990.
SEAL: JEFFERSON COUNTY
BOARD OF COMMISSIONERS
George Brown, Chairman
Larry W. Dennison, Manager
ATTEST:
Clerk of the Board B. G. Brown, Member
Lorna Delaney
Resolution No. 11-90 Page 56
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MEMORANDUM OF AGREEMENT
SEPTIC SYSTEM REPAIR PROGRAM
WHEREAS, the Jefferson County Planning and Building Department has been designated lead
agency in addressing water quality issues in Jefferson County, and
WHEREAS, the Jefferson County Health Department Environmental Health Division is charged
with the responsibility to oversee a number of environmental quality programs including the
design and installation of on-site sewage disposal systems, and
WHEREAS, Jefferson County has received a Centennial Clean Water Fund (CCWF) grant to
address non-point pollution problems or potential problems within the county, and
WHEREAS, said grant contains specific work elements (see Attachment A) concerning on-site
sewage disposal systems as a potential contributor of water quality degradation, and
WHEREAS, Jefferson County has also received loan funds from the Washington State Water
Pollution Revolving Loan Fund (SRF) to provide low interest loans to individuals with problem
septic systems, and
WHEREAS, the two programs, the CCWF grant and the SRF loan, are intended to work in
tandem to address on-site sewage disposal as a contributor or potential contributor to water
quality degradation,
NOW THEREFORE IT IS AGREED, the Jefferson County Health Department Environmental
Health Division will perform the tasks outlined on Attachment A: including septic repair design
or design oversight, public education, promotion of SRF funds availability to assist in system
repairs, oversight a repair installation and final approval all systems repaired under this program.
The division will keep accurate records of assistance and education provided and transmit the
same to the Planning and Building Department as provided for in Appendix A.
BE IT FURTHER AGREED, that the Jefferson County Planning and Building Department will
transfer twenty two thousand dollars ($22,000) annually to the Health Department to fund the
work elements outlined in Attachment A. The department shall also act as the loan agent for
SRF monies and provide loan assistance to all eligible parties referred by the Health Department.
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BE IT FURTHER AGREED, that departments will work in mutual cooperation to accomplish
the goals and objectives of the water quality grant and loan programs and perform the necessary
tasks to ensure their successful implementation.
AGREED THIS DAY OF 1990
Cathy Stafford, Administrator, Health Department
AGREED THIS DAY OF 1990
David Goldsmith, Director, Planning and Building Department
Memorandum of Agreement...Septic System Repair Program Page 58
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MEMORANDUM OF AGREEMENT
AGRICULTURAL WATER QUALITY ASSISTANCE PROGRAM
WHEREAS, the Jefferson County Soil Conservation District has a program to assist land
owners with the identification of Best Management Practices (BMPs) for the agricultural use of
land; and
WHEREAS, these BMPs may identify where certain practices contribute to water quality
degradation; and
WHEREAS, existing programs to assist the land owner in correcting a water quality
problem or potential problem are limited and may not be available to all land owners; and
WHEREAS, Jefferson County has secured a loan from the Washington State Water
Pollution Revolving Loan Fund (SRF) to provide financial assistance in addressing non-point
pollution problems; and
WHEREAS, implementation of BMPs to correct existing or potential water quality
problems are eligible for loan monies.
NOW THEREFORE IT IS AGREED, that Jefferson County, through the Planning and
Building Department, will make SRF funds available to eligible projects in the implementation
of BMPs, and
BE IT FURTHER AGREED, the Conservation District will identify projects eligible for
the loan program and notify those land owners of the availability of this program; and
BE IT FURTHER AGREED, the Planning and Building Department and the Soil
Conservation District will work in mutual cooperation to accomplish the goals and objectives of
the SRF loan program in addressing water quality problems in the community.
AGREED THIS
DAY OF
1990
Roger Short, Chairman
Soil Conservation District
AGREED THIS
DAY OF
1990
David Goldsmith, Director
Planning and Building Department
Page 59
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FUNDING REGIONAL
PROGRAMS
Maryland Critical Areas Program
Cherry Creak Basin Water Quality Authority
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STATE OF MARYLAND:
MARYLAND CRITICAL AREAS PROGRAM
INTRODUCTION
In 1984, the Maryland General Assembly passed the Critical Area Act. The Act
recognized that human activities on the land adjacent to the Bay have the greatest potential for
affecting water quality and fish, plant and wildlife habitat in the Bay. The critical area was
defined by the Act as a strip of land along the tidal shoreline extending 1,000 ft. landward from
the water's edge, or from the landward boundary of any adjacent wetland. The Act called for the
formation of a 25-member commission to develop criteria to guide future land use in the critical
area. The Maryland Critical Areas Program can be called a growth management program which
regulates development densities and locations. It is also very significant that the Critical Area
Law identified that human activity not just development can have a particularly immediate and
adverse impact on water quality and natural habitats. The commission was given power to adopt
regulations and criteria.
THE BENEFITS OF ESTABLISHING CRITICAL AREA CRITERIA INCLUDE:
- THE CRITERIA WILL REDUCE the non-point source pollution loads from development in
the Critical Area.
- THE CRITERIA WILL ENSURE proper site design and best management practices for all new
development occurring in the Critical Area.
- THE CRITERIA WILL PROTECT valuable fish and wildlife habitat in the Critical Area and
adjoining wetlands and open waters.
- THE CRITERIA WILL CONSERVE valuable agricultural and forest land within the Critical
Area.
- THE CRITERIA WILL ASSIST counties in adequately planning for future growth and
development in their shoreline areas.
LOCAL PROGRAM REQUIREMENTS
Although the Critical Area Law clearly gives strong state criteria and oversight, local
governments were given as much flexibility as possible to develop their own programs.
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The Critical Area Law and regulations establish specific criteria which local Programs
were required to meet. They generally include:
1. Establishment of an area 1,000 feet inland from the Mean High Water Line or inland edge
of tidal wetlands which must be managed to reduce pollutants entering the Bay. New
development and redevelopment in Intensely Developed Areas are required to
reduce pollutants running off the land by 10%.
2. Establishment of a minimum 100-foot naturally vegetated buffer along the shoreline to
protect aquatics, wetlands, shoreline and terrestrial environments from human disturbances.
3. A minimum base of forestry resources which equals or exceeds that which currently exists
must be maintained for the general protective land use benefits it provides.
4. Designation of management areas, based on land use existing on December 1, 1985
according to one of three types; Intensely Developed Areas, Limited Development Areas or
Resource Conservation Areas.
Each designated category or area is required to meet specific criteria and to follow specific
guidelines for future development.
To develop the critical area program at the state level the Chesapeake Bay Critical Area
Commission (Commission) was required to address water quality, habitat protection and develop
land use policies. The commission accomplished this by separating activities into categories
which include Areas of Resource Protection and Resource Utilization Development.
DEVELOPMENT ACTIVITIES
The criteria require local jurisdictions to divide the critical area into three development
zones. The criteria provide minimum standards for development in each of the three zones. The
characteristics of the three areas and the criteria applying to each are summarized below.
1. Intensively Developed Areas (IDA)
These areas are already in predominately high density residential, industrial or commercial uses.
Maryland Critical Areas Program Page 61
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Characteristics
These areas have at least one of the following features:
1. Housing density is equal to or greater than 4 dwellings units per acre.
2. Concentration of industrial, institutional or commercial uses.
3. Public sewer and water with greater than 3 dwellings per acre.
Specific Criteria:
New and existing development must reduce stormwater runoff and sediment problems.
Redevelopment must reduce non-point source impacts to streams and tidal waters.
Local jurisdictions are to develop programs which will conserve fish, plant and wildlife
habitats.
2. Limited Development Areas (LDA)
These areas have a mix of development and natural habitat.
Characteristics
These areas have at least one of the following features:
1. Housing density between 1 dwelling unit per 5 acres and 4 dwelling units per
acre.
2. Areas not dominated by agriculture, wetlands, forest, or open space.
3. Areas with public water or sewer, or both.
Specific Criteria
Existing forest land cleared must be replaced on at least an acre-for-acre basis.
Development cannot remove more than 20% of the forest cover without special
provision.
Man-made impervious areas limited to 15% or greater.
Clustering of dwelling units encouraged in order to conserve fish, plant and
wildlife habitats.
Maryland Critical Areas Program Page 62
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3. Resource Conservation Areas (RCA)
In these areas, wetlands, forests and farms predominate.
Characteristics
These areas have at least one of the following features:
1. Housing density is less than 1 dwelling unit per 5 acres.
2. Dominant land use is agriculture, wetlands, forest, barren land, surface water or
open space.
Specific Criteria
Residential development within this area shall not exceed a density of one
dwelling unit per 20 acres.
Local programs should encourage agriculture and forestry.
5% of a jurisdiction's land area classified as RCA can be designated for future
growth to accommodate additional intensely developed and limited development
areas.
GRANDFATHERING
The criteria provide guidelines for the grandfathering of lots and subdivisions that
are already recorded or approved. The guidelines allow construction of a single family home on
previously recorded lots, if a house does not already exist.
VARIANCE
The criteria give local jurisdictions the authority to grant exemptions to the criteria in
special cases. This provision was included to provide flexibility in cases of hardship.
Maryland Critical Areas Program Page 63
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RESOURCE UTILIZATION
FORESTRY
A forest management plan is required for commercial tree harvest operations that
affect 1 or more acres and occur within a 1 year interval.
No commercial harvesting is allowed within 50 ft. of mean high water of the Bay
or its' perennial tributary streams, but cutting for personal use for other limited
reasons is allowed.
Only Loblolly Pine or Tulip Poplar may be clear-cut in the areas between 50 and
100 ft. of mean high water. Other species may be selectively cut within the 50-
100 ft. area.
AGRICULTURE
All farms in the critical area must have soil and water management plans within
five years.
Farmers must have a 25 ft. filter strip along tidal waters and streams at least until
a soil conservation and water quality management plan is implemented.
The feeding or watering of livestock cannot occur within 50 ft. of the water's
edge. Grazing is allowed in that area.
WATER DEPENDENT FACILITIES
Commercial and recreational activities that require a waterfront location are permitted in
the critical area so long as adverse environmental impacts are minimized.
In addition:
New marinas are allowed in all areas except resource conservation areas.
Community and private piers are allowed in the critical area, but new
developments must choose one or the other.
SHORE EROSION PROTECTION
Although structural erosion control measures may be necessary in areas of severe erosion,
they should be limited and non-structural methods should be used. Non-structural measures
include vegetative stabilization, grading and alteration of near shore vegetation. Local
jurisdiction are to identify areas of low or high erosion rates.
Maryland Critical Areas Program Page 64
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SURFACE MINING
Surface mining operations are regulated under existing State law. Local jurisdictions are
required to identify areas of potential mineral resources as well as areas were surface mining
would be detrimental.
RESOURCE PROTECTION
HABITAT
Local jurisdictions will be required to identify and protect special wildlife and plant
habitats including fish spawning grounds, non-tidal wetlands, endangered species habitat,
colonial bird nesting sites, historic waterfowl staging and concentration areas and riparian
forests.
Development sites must incorporate a wildlife corridor system to provide continuity for
existing habitat.
BUFFERS
A minimum 100 ft. vegetated buffer along tidal waters and streams is required for all new
development in all areas.
Private and community piers are allowed in the buffer.
Water dependent facilities, such as marinas or highly developed areas may be exempt.
Certain areas may be exempted from the buffer.
A 25 ft. buffer must be established around non-tidal wetlands.
Commercial harvesting is not permitted in the buffers within 50 ft. of tidal waters,
wetlands and tributary streams.
BACKGROUND
Although public knowledge was growing that the Chesapeake Bay was deteriorating, the
Chesapeake Bay Study carried out by the Environmental Protection Agency started to give a
comprehensive assessment of the problem. In 1982 some of the results of the study were
released and the State of Maryland began discussions with Virginia on how to clean-up the Bay.
It was also recognized that Pennsylvania and the District of Columbia needed to be principal
partners in any effort to save the Bay.
To prepare for a Governor's Conference on the Chesapeake Bay a work group was
established in Maryland. The group developed the critical areas concept, presented it at the
Governors Conference and followed through with legislation. The group was known as the Wye
Group and included:
Initially - John Griffin: Governor's Staff
Torrey Brown: Secretary of Maryland Department of Natural Resources
Maryland Critical Areas Program Page 65
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Lee Zeni: Director of the Maryland Tidewater Administration
William Eichbaum: Assistant Secretary of Department of Health & Mental Hygiene
Others: Verna Harrison: Governor's Staff
Ellen Fruites: Governor's Staff
Wayne Cawley: Secretary of Department of Agriculture
Constance Under: Secretary of State Planning
Ian Morris: Director of University of Maryland
Based upon programs within Maryland and other parts of the United States, such as the
Adirondack Preserve and the New Jersey Pinelands, the concept of the Critical Areas Program
began to materialize. Lee Epstein lawyer was asked to draft legislation based upon this program
review and input from the Wye Group.
At the December 1983 a Bay Conference Governor Harry Hughes of Maryland described
the concept of the Critical Area Program. At the conference the Governors of Virginia, Maryland
and Pennsylvania and the Mayor of Washington, D. C., officially acknowledged that the
Chesapeake Bay was deteriorating, that state and federal programs were inadequate to address
the problems and new actions had to be taken. The Critical Areas Program presented by
Governor Hughes was one of the boldest proposals to be presented at the Conference.
The passage of the Critical Areas Law in 1984 required extensive involvement of the Wye
Group as well as public information activities by the Chesapeake Bay Foundation. Steve
Bunker and Ann Swanson of the Foundation worked extensively with the public to increase the
understanding of the program and to build public support. Although substantial revisions were
made to the draft bill, this core group was essential in building public support, maintaining the
strength of the legislation and to provide leadership during the program development. Since the
Critical Areas Act was controversial there were 28 different bills introduced to prevent
implementation or weaken the Act.
After the law was passed, the newly formed 25 member Critical Area Commission was
faced with a deadline to promulgate criteria by December 1,1985. Administratively the deadline
was very tight since the Commission meet for the first time in October 1984, hired staff in
January 1985, and had to have the initial criteria proposal for the public hearing process by May
of 1985.
To develop the program subcommittees were established on Development, Resource
Utilization Activities and Resource Protection.
DEVELOPMENT SUBCOMMITTEE
The Development Subcommittee was faced with the issue of accommodating growth,
while addressing the main objectives of the law to improve water quality and protect valuable
habitat. A general policy was developed to keep future development to areas of existing
development. Recommended uses were non maritime heavy industry and transportation facilities,
Maryland Critical Areas Program Page 66
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landfills and hazardous waste storage and disposal facilities. A significant difference in the
Maryland Critical Areas Program from other programs across the country was the charge to
consider the number, movement and activities of people which can cause an adverse
environmental impact.
The Development Subcommittee developed several concepts which became incorporated
into the Critical Areas Criteria.
Water Quality improvement was required from new development and re-
development. A goal of 10% water quality improvement was set The
improvement could be on or off-site, which provided the opportunity for a
watershed or regional approach.
Forest removal limitations were set which require a one-to-one replacement
The subcommittee adopted a 1 to 20 acre development density on the Resource
Conservation Area based upon other eastern United States Programs.
Local jurisdiction were given the option to utilize "growth allocations" to
accommodate future expansions of development.
RESOURCE UTILIZATION SUBCOMMITTEE
Discussions by the Resource Utilization Subcommittee focused on forestry, agriculture,
surface mining and aquaculture. The general concerns for forestry included carrying out forestry
practices in an environmentally sound manner, encouraging reforestation and urban forestry
programs and maintaining or establishing forest buffers. The agricultural criteria included
requirements for soil conservation and water quality plans and required implementation of Best
Management Practices. Surface Mining would have to observe the buffer and habitat protection
requirements of the critical areas program, but existing State surface mining regulations seemed
adequate. Aquaculture was a new and controversial subject which the subcommittee noted but
deferred to future regulations.
RESOURCE PROTECTION SUBCOMMITTEE
The major concerns of the Resource Protection Subcommittee included tidal wetlands and
the extent of their current protection, shoreline buffers, affect of upland development on aquatic
resources, identification of unique habitats and habitats which need protection from development.
"After intensive review, the subcommittee decided that existing State and Federal
programs governing dredging, waterway construction and the alteration of tidal wetlands were
adequate, and that any further regulations by the Commission would be duplication. The same
conclusion was reached for direct imports of fish spawning areas and submerged aquatic
Maryland Critical Areas Program Page 67
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vegetative beds." The subcommittee therefore focussed on the affects of upland development and
the protection of non-tidal wetlands.
DEVELOPING LOCAL PROGRAMS
The Critical Areas Law requires that the 61 local programs be completed in 270 days after
the state wide criteria had been approved. With some of the 270 days being taken up by
organization and administrative tasks very little time remained. To facilitate quick action,
significant grants were awarded to local jurisdictions and considerable flexibility was permitted
for them to develop their programs.
M^jor issues included:
1. Mapping: The Commission favored Resource Conservation Areas while the local
jurisdictions wanted to maximize Intensively Development Areas or Limited
Development Areas.
2. Differences occurred when defining areas served by sewer and water or planned
to be served and how this affected the definition of Intensively Developed Areas
or Limited Developed Areas.
3. Infill or adjacent areas affected the interpretation of certain parcels. A minimum
of 20 acres was decided as an indicator of a Resource Conservation Area.
4. Several local jurisdictions proposed the concept of density averaging. Under
density averaging, a cluster of homes would be accounted for on a per acre basis
and would affect neighboring parcels. The Commission could not accept this
concept.
5. The development of the local programs was on a tight schedule. Several local
jurisdictions submitted their local programs without the implementing local
ordinances. Another difficulty arose because there was no provision for partial
approvals. The Commission did have to develop and take over 12 outstanding
programs on December 1988. Several of these programs have since been
approved.
The accomplishments of the Critical Areas Commissions were summarized in 1988. The
accomplishments included:
Development
Adopted a comprehensive land-use management strategy based on the intensity of
existing uses.
Maryland Critical Areas Program Page 68
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Agriculture
Focussed or contained new development in or adjacent to existing developed
areas.
Limited the extent of new development in areas presently in low intensity uses.
Recognized variations in water quality protection associated with different land
uses; adopted measures to maintain and expand forested areas for their water
quality protection benefits.
Rejected sole reliance on on-site stormwater management and sediment control
measures for non-point source pollution abatement; specified other means to
accomplish this purpose by limiting impervious surfaces, protecting forest lands,
avoid development altogether in sensitive areas, and by encouraging various other
programs such as urban forestry.
Provided for programs and measures to address non-point source pollution in
urban areas.
Limited new development that could occur directly on the shoreline to that which
is water-dependent, and mandated setbacks or buffers for other forms of
development.
Generally limited the location of new intense water-dependent facilities to areas
already intensely developed.
Recognized the importance of naturally vegetated buffers in protecting aquatic
habitats from the adverse effects of adjacent development.
Adopted growth management policies specifically directed at maintaining lands
in agriculture.
Addressed non-point source pollution problems associated with agriculture by
requiring the preparation of Soil Conservation Plans and the adoption of BMPs for
all farms in the Critical Area.
Specified, as a required BMP, that certain setbacks would be required for various
agricultural activities.
Limited disturbances to important habitat areas that may caused by agricultural
activities.
Maryland Critical Areas Program Page 69
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Forestry
Mandated the preparation of Forest Management Plans for significant timber
harvesting activities.
Required timber harvesting operations to address both water quality and habitat
protection measures.
Specified setback requirements to prevent adverse effect of aquatic habitats from
timber harvesting.
Surface Mining
Required new mining operations to avoid areas of important habitat, and to
observe the minimum 100-foot Buffer.
Shore Erosion
Discouraged the installation of erosion control devices where no significant
erosion occurs.
Promoted the use of non-structural erosion control measures where they are
practical and effective.
Habitat Protection
Provided regulations and other measures whereby local jurisdictions are enabled
to identify and protect important habitat areas; incorporated these features into
local law ordinances.
Recognized the importance of natural buffers adjacent to waters and tidal wetlands
for maintaining transitional and riparian habitats.
Enabled protection of non-tidal wetlands from activities would cause direct or
indirect impacts to the wetlands.
Protected the habitats of threatened and endangered species and species in need
of conservation, and forest-interior dwelling birds.
Protected the aquatic staging and concentration areas of waterfowl.
Protected designated Natural Heritage Areas.
Enabled jurisdictions to protect habitats of local significance.
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Enabled the designation and protection of 60 specific habitats of threatened or
endangered species or species in need of conservation; 23 Natural Heritage Areas,
and 11 habitats of local significance.
Established a means for local jurisdictions to address habitat protection on a
broader geographical basis than the individual parcel of land.
Public Lands
Required the same degree of water quality and habitat protection and growth
management on public lands as that required on private lands.
Ensured that State and local agency programs are conducted in a manner
consistent with the criteria for private actions.
The summary identified several key factors which lead to establishing the Critical Area
Program.
1. There was widespread public awareness and support to clean up the Chesapeake
Bay.
2. The strong support of Governor Hughes was essential so the legislation was not
weakened and financial support was provided.
3. The Commission had good leadership and was supported fully by its members.
4. A key factor was the provision of State funds to the local jurisdictions. "There is
little doubt that, about these funds, few of the jurisdictions would have been
willing or able to participate in the Program."
5. There was a wealth of information available to the Commission.
6. Other factors:
Organization and/or staff support
Decision of Baltimore to be included in the Critical Areas Program
Support and contributions of the private consulting committee in developing local
plans.
After an analysis of the program, the following comments were made:
1. The program should be judged on water quality and habitat protection
achievements.
Maryland Critical Areas Program Page 71
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2. Present sources of pollution were not fully addressed.
3. The program will prevent further deterioration.
4. The program will be difficult to evaluate because it may be a reduction in the rate
of pollution and may not stop pollution all together.
Since the program is implemented at the local level many incremental decisions and
actions will be taken. These will be very difficult to evaluate.
PROGRAM RETROSPECT
By December of 1988 the Critical Areas Program was past the development stage and
fully into the implementation phase. A series of interviews were carried out in the spring of
1992 to see how the program was working and what thoughts people involved with the program
could share.
Chesapeake Bay Foundation: Rubert Friday
The Foundation played a key role in the development of the Critical Area Program by
providing two staff people who extensively participated in Commission meetings and
subcommittees, organized and participated in many public information activities and helped
prepare background information documents. These full time people gave the necessary support
to many of the legislative and agency leaders. This staff support was essential. Steve Bunker and
Ann Swanson were the supporting staff. A detailed review of the program would be very difficult
and currently it is hard to evaluate the success of the program in the various local jurisdictions.
Steve Bunker (formerly of the Chesapeake Bay Foundation)
The Critical Areas Program is a hard program to judge success. Since the program is
evaluated on the basis of slowing down or reducing rates of development or reducing the rate of
pollution, successes vary from jurisdiction to jurisdiction and the type of issue. There has not
been a formal evaluation of the program. Such an evaluation could be very difficult and a
massive effect. It would be hard to be quantitative since the program varies so greatly in local
implementation. The overall impression is that development in the critical areas has slowed and
the rate of pollution has been reduced.
One of the key factors in getting the program underway was significant grants of up to
$100,000 to each county. Without continued financial support staffing is currently a problem in
many counties to carry out the program so there is beginning to be a difference in the
implementation due to the local jurisdictions commitment and financial status.
The water quality benefits of the program may be a factor of the degree of activity and
regulatory effort. Construction runoff may have been reduced significantly. Agriculture and
Maryland Critical Areas Program Page 72
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Silviculture activities and the resulting water quality benefits of using Best Management Practices
in the Critical Areas Program have not been fully established.
SARAH TAYLOR, Executive Director Chesapeake Critical Area Commission
The Critical Areas Program is in the fourth year of full implementation. As a state issue,
it is receiving less attention as the Act becomes part of business as usual, but continual oversight
is necessary to keep the Act strong by defending legal challenges and legislative amendments.
The original legislation probably would not have passed if the state did not include local
implementation and then $1.2 million dollars to help local jurisdiction develop the regional plans.
Sixteen counties and 42 towns needed to take action. Another key to the success was the
technical assistance provided by the Critical Areas Commission Staff, courtesy of science
advisors and seven planners, and staff the Chesapeake Bay Foundation who essentially functioned
as circuit riders during the planning process. The critical area program produced some significant
benefits. A major benefit of the Act is the affect on new subdivisions which now need to clearly
consider water quality and habitats. There has been a distinct reduction in the number of
subdivisions and the subdivision plans which have been submitted have greatly improved. A
benefit which is impossible to quantify is the on-the-ground change of philosophy in doing
business. The attitude of the developers and local jurisdictions are reflected in the plans that are
submitted for review and show a greater concern for habitat and water quality.
It will be impossible to judge all the spin off activities that were generated by the Critical
Areas Program. For example when USD A needed to define the Highly Erodible Lands. By using
the critical areas maps the job was made much easier. USDA also used the critical areas to help
target areas for cost sharing conservation practices and priority conservation planning. Several
local jurisdictions expanded certain concepts of the program. For example Calvert County
developed a fee program for timber removal which can fund non point source pollution projects.
The Critical Areas Program may be viewed as part of an evolution in program
development. Although it did not pass, a much more comprehensive program outlined in
Marylands 2020 Report suggested similar approaches be used throughout Maryland. Fresh water
wetlands programs have been developed, a forestry law was passed and several other programs
such as the Coastal Zone Management and Non Point Source Pollution Programs have targeted
their efforts within the critical areas.
On a national level the Maryland Critical Area Program has been used to help develop
programs in Puget Sound in several National Estuary Projects and in many states such as New
Jersey or Oregon as they developed wetlands or shoreline protective programs. Although a
quantitative evaluation would be very difficult, there are several ways that evaluations are carried
out for the Critical Areas Program.
Maryland Critical Areas Program Page 73
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1. Environmental groups and key interested people basically provide an oversight as program
watch dogs. The program can expect challenges over the next few years so the program
advocates can become part of the review and litigation processes.
2. If a local jurisdiction blatantly ignores the Act, they can be taken to court.
3. If the commission sees a clear mistake in the local programs they can send notification
of the mistake and the local jurisdiction will have 90 days to correct it. If they do not
correct the mistake, they cannot get any other permits.
4. There is a regional program review every four years.
Since agriculture accounts for 70% of the land use classified as critical areas, the issue
of voluntary compliance is a concern. With the USDA requirement on the highly erodible
lands is helping with compliance.
BILL CLARK, District Manager, Calvert County Conservation District
In the critical area all farms are required to have a conservation plan. 95% of the farms
are under a plan and with 87.5% cost share available for many conservation practices many
farmers are implementing the plans. A major problem is staffing to get the work done. In
Calvert County 33 farms are signed up for plans but the technical assistance is not available.
Due to recent budget cuts two positions provided to the District by the Maryland Department of
Agriculture have been lost.
The Critical Area Program gives a clear incentive for farmers to take action. Each
landowner was notified that a farm plan was required and it needed to be implemented. Critical
areas were given priority for cost share approvals and some cross compliance with Integrated Pest
Management and Nutrient Management was required. The response was high and even the
absentee landowners, who are usually a difficult group to work with, signed up for new or
revised farm plans. There are over 600 parcels which can qualify as farms with about 35 real
active full time farmers in the county. Getting the actual on the ground work completed is a real
challenge with part time and absentee farmers. With an increased consciousness for the Bay and
conservation practices which are getting installed, pollution loading has been reduced.
The Conservation District also assists the county with erosion and sediment reviews. As
a result of Critical Areas Program and other programs, erosion and sediment control standards
are very high. In Calvert County, the District reviews subdivisions and now finds that plans
consider a high quality of Best Management Practices for Water Quality.
Maryland Critical Areas Program Page 74
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DAVID BROWNLEE, Calvert County Planning Office
The Maryland Critical Area Program provided funds for an environmental planner. This
was critical for getting the job done. From a County perspective the State Board of Appeals is
dealing with too many cases. More flexibility in the program would reduce the number of
appeals. Over one third of the State's workload on appeals are from Calvert County. Many of
these could be taken care of as administrative decisions.
The program has had a clear affect on Forestry activities and clearing is infrequent on the
50 - 100 foot buffer study. Other clear reductions in pollution loadings are a result that:
People who would have built up to the waterfront are now restricted to a setback,
as well as setbacks for septic tanks and other activities. There is also an open
space requirement.
As a very active County in terms of development, the staff saw several ways the program
could be improved.
1. There should be more local authorities for administrative appeal. This would stop
some of the cases going to the Board of Appeals.
2. The breakdown in lot sizes in 1/4 acre to five acres is too wide a variation. Two
acres is a more significant cut off in terms of lot grading etc., and environmental
concerns.
3. The public consciousness needs to be raised further. There is now a perception
that the 1,000 foot buffer is all that is needed for water quality protection. An
overall standard for water quality needs to be meet.
4. To fully accomplish the goals of the critical areas program, there needs to be more
land purchases and/or easements which can help reduce the taking issue.
5. Since non point source pollution is a watershed problem, the buffer needs to
extend up the tributary and take more of a complete watershed approach.
6. Performance standards would be preferred over the current criteria, but they would
be very difficult to implement and interpret.
7. The state needs to have more confidence in the County Programs. There is
currently too much paper work required.
Maryland Critical Areas Program Page 75
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EFFECTIVENESS ASSESSMENT - MARYLAND CRITICAL AREAS PROGRAM
In establishing the Critical Areas Program there were five targeted benefits. Although
there has not been a comprehensive review of the program by interviewing a variety of people,
the success of the program has been significant. Without the comprehensive review and a
documentation of results the Critical Areas Program is not being fully credited.
1. The State, the Chesapeake Bay Foundation, the county government and the conservation
district people all had a perception that non point source pollution from development has
been reduced. Standards and overall concern about water quality affects from pollution
have increased.
2. With increased standards and specifications site design and best management practices for
development have improved.
3. By the required set backs, conservation practices and reduction of the impacts of
development and resource utilization activities, valuable fish and wildlife habitat has been
protected.
4. Agriculture and Forest Lands are being conserved through restoration or Resource
Conservation Areas.
5. As a result of the critical areas program, many counties became much more active with
environmental issues. Although the level of concern may vary between land jurisdictions,
where there is a pro-active local government the critical areas program may have been
a significant catalyst and successful example exists.
6. The Critical Area Program requires urban best management practices to help mitigate
potential water quality impacts associated with stormwater. The 10% Rule targets a 10%
reduction in pre and post development from the entire development site. The 10% Rule
has been successful but it still remains unclear as to what pollutants, how are they
calculated, how effective are the BMP's and how are offsets handled.
The water quality benefits are hard to quantify, but based upon comments which showed
evidence of change, the Critical Area Program will have a very significant affect in reducing the
rate of pollution that would have occurred without the program.
The implementation of the Critical Areas Program is based upon local implementation.
Calvert County was recommended as a good example of successful implementation. The
successes included:
1. The Critical Areas Criteria is incorporated into the County Codes. There are
resource people to assist with project reviews and the planning office can verify
that development patterns have changed with the critical areas program in place.
Maryland Critical Areas Program Page 76
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In addition, the use of Best Management Practices associated with development
have become stricter.
2. The Conservation District verified that the farmers got the clear message that
conservation plans and the implementation of the plans were required in the
critical area. Over 95% of the farms are signed up for conservation planning.
With the county being so active a major concern is the number of cases that have to go
to the Board of Appeals. It was recommended that the County begin more administrative
authority for these decisions with a periodic review by the Commissioner. The Conservation
District has the basic problem of follow through. Without funding for technical assistance, the
fanners signed up for conservation planning, but the implementation has been severely delayed.
COMMENTARY
The passage of the Critical Areas Act and implementation of the program was
based upon strong political leadership, a good understanding by the public of the need
to take action to save the Bay, a good base of factual infoiinatton and then additional
resource people to follow through.
The State was able to provide substantial resources to local jurisdictions for them
to develop local critical area plans and begin to implement the program. Both strong
political and public support was necessary to keep the program moving and to complete
the local requirements.
A sense of need and high energy were essential in developing a successful
program, As time has passed, the Critical Areas Program is becoming business as usual.
Where resources are lacking (ie conservation technical assistance) or there has not been
development pressures the program's effectiveness has been reduced.
Maryland Critical Areas Program Page 77
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CHERRY CREEK BASIN, COLORADO
CHERRY CREEK BASIN WATER QUALITY AUTHORITY
SUMMARY
The Cherry Creek Basin Water Quality Authority (Authority), formed in 1988, is
the result of long term cooperative efforts by different levels of government to improve
water quality in the Cherry Creek Basin. Cherry Creek is located in the Denver,
Colorado metropolitan area and is used extensively for recreation including swimming
and fishing, Due to high phosphorous loadings, the reservoir was becoming eatrophic.
Hie formation of the Authority provided a forum to discuss and implement basinwide
actions, provided a mechanism to fund pollution control activities, including nonpoim
source pollution control, and has successfully achieved water quality improvements.
The key goal of the 1989 Cherry Creek Basin Water Quality Management Master
Plan is to reduce phosphorous loadings in the basin. Efforts are underway to reduce
nonpoint loadings of phosphorous by fifty percent in the next five years and to control
point loadings as population and land use changes occur in the future. The principle
strategies being utilized to reduce phosphorous include erosion and sediment cotrtroU
wetland construction and management,, dredging, wastewater plant regulations, reduction
in stormwater runoff and best management practices.
Funding of the Cherry Creek Basin Water Quality Authority Is derived from
recreational fees, development fees and property assessments. The local funding is then
used to stimulate state and federal funding. The Cherry Creek Basin Water Quality
Authority has a financial capacity in 1992 to generate over four million dollars in
revenues, with an operating surplus of over four hundred thousand dollars.
INTRODUCTION
The Cherry Creek Reservoir is located in the Denver Metropolitan area. The reservoir
was built in 1960 by the Army Corps of Engineers and the Colorado Division of Parks and
Outdoor Recreation operates a 3,500 acre state park adjacent to the reservoir which records over
1.2 million visitor days per year. The watershed for the reservoir is 384 square miles. A unique
feature of the reservoir is that its water outfall is based upon ground water recharge. Relief wells
are only utilized in high flow situations. The reservoir provides 2,000 acre-feet of groundwater
recharge annually.
Through a series of studies, which identified that the eutrophic conditions of the reservoir
were caused by phosphorous loadings, and that the local governments in the watershed were
willing to work cooperatively, an agreement was signed in 1985 to form the Cherry Creek Basin
Authority.
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In 1988, the state legislature passed an act to create the Cherry Creek Basin Water Quality
Authority.
Studies determined that 14,270 pounds of phosphorous entered the reservoir on an annual
basis. Of this amount 10,290 pounds of phosphorous were identified as the result of nonpoint
source pollution. The goal of the Authority is to achieve the 0.035 milligram per Liter of total
phosphorous standard set by the Colorado Water Quality Control Commission to protect the
water quality of the reservoir as population and development increase. The Authority has
developed both point and nonpoint source pollution control strategies to meet these goals.
PROVISIONS OF THE ACT
The Cherry Creek Basin Water Quality Authority was created by House Bill No. 1029.
The Act clearly defines the role of the Authority in the area of water quality and specifically
states the boundaries of the basin. Members of the Authority include representatives from every
county, municipality and appropriate special district within the basin. Ex-officio members include
the soil conservation districts and others, such as state and federal agencies, as appointed by the
authority members.
Powers of the Authority include:
• To develop and implement water quality plans
• To conduct water quality studies
• To provide incentives, credits and rewards for pollution control benefits
• To recommend maximum loads of pollutants
• To recommend standards for erosion control, stormwater management and septic
systems
• To incur debit, issue contracts, enter agreements, own and manage property
• To establish rates, tolls, fees, charges and penalties for services, facilities and
programs
• To establish recreational fees
• To levy and collect taxes
• To issue bonds
The Authority may cooperate with drainage and flood control activities through coordination
with local urban drainage and flood control districts.
Cherry Creek, Colorado... Basin Water Quality Authority Page 79
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FINANCES
The Cherry Creek Basin Water Quality Authority generates funds in several ways.
• A .5 mill levy property tax is collected by two counties
• A fee of 3 cents per square foot on commercial building permits and impermeable
surfaces
• A fee of 5 cents per 1,000 gallon discharge flows for sewage treatment facilities
• A fee of $3.00/yr for vehicles using the state park
• A building permit fee of $50.00 per residential unit
• A fee for grading of $280.00 per acre
The fees are collected by the local governments and the state park as appropriate and then
paid to the Authority. These fees are expected to generate the following revenue for 1992:
Wastewater surcharge $32,000
Building Permits $33,250
Property Tax $406,000
Special Ownership Tax $21,000
Recreation Fees $131,000
Interest Income $20,000
It is expected that the Authority will use these local funds to match other state and federal
dollars. In 1992 total activities in the basin could be over four million dollars.
WATER QUALITY ACTIVITIES
For point source pollution, the Authority has given priority to reduction of discharges
from waste treatment facilities. Each facility is given a limit for phosphorous discharge of a
specific number of pounds per year. Water reuse is given a high priority since the basin is highly
dependent upon ground water aquifers which can be recharged. Septic systems are being
evaluated to establish phosphorous performance standards. For example, certain soil types used
in septic systems can effectively remove 95% of the phosphorous.
Nonpoint source pollution control activities to reduce phosphorous have included erosion
and sediment control, wetlands development and management and storm water management. The
Authority will focus primarily on urban activities, while agricultural activities are being addressed
by state agencies, the soil conservation districts and various USDA agencies.
Ongoing activities include water quality monitoring, dredging of the reservoir, building
a sediment pond/wetlands area, evaluation of an alum treatment program and technical assistance
for coordination with local governments for water quality activities.
Cherry Creek, Colorado... Basin Water Quality Authority Page 80
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COMMENTARY
The Cherry Creek Basin Water Quality Authority is the result of a well
documented water quality problem, high public support and the willingness of local
governments to work together. The local governments and various state and federal
agencies had been working for many years, beginning with an EPA section 20S grant in
lite seventies. The first formal organization and later the Authority have advocated strong
controls at the local level. The operation of the Authority is accomplished through
various contracted services. Both of these philosophies prevent a new bureaucracy from
building which competes with or overshadows the local governments. The initial
guidance for organizing a faasinwide effort came from the Denver Regional Council of
Governments, In addition, the Authority has greatly benefitted from the involvement of
the Corps of Engineers, which owns the dam, and the Colorado Division of Parks and
Outdoor Recreation which operates the state park. In forming the Authority > key
advocates included sportsman and environmental groups as well as Hie citizens of the
surrounding area.
The Cherry Creek Basin Water Quality Authority represents a good example of
nonpoint source pollution control. Through local initiatives, which resulted in the citation
of the Authority in a time of tight budgets, it has generated a significant resource base
to implement its water quality plan, and has carried out activities and projects which have
clearly resulted in improved water quality.
Cherry Creek, Colorado... Basin Water Quality Authority Page 81
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FUND NFS PROGRAMS
Iowa's Fee System: Pesticide/Fertilizer Dealers
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IOWA'S GROUNDWATER PROTECTION ACT
SUMMARY
The State of Iowa has initiated several unkjae conservation programs which* when
combined with traditional approaches, provide significant levels of funding to accomplish
a broad spectrum of nonpoint source pollution projects and programs. The Ground Water
Protection Act of 1987 sets up various funding mechanisms to address pollution from
agricultural activities, solid waste disposal, household hazardous wastes, storage (auks,
fertilizers* pesticides and landfills. The Act is expected to generate $38-$46 million over
a five year period and also utilizes $17.5 million of oil-overcharge funds. The Act
establishes five accounts:
ACCOUNT PURPOSE
FUNDING SOURCES
EXPECTED ANNUAL
REVENUE
SoM Waste Account Tipping Fees
Agricultural Management Pesticide/Fertilizer
Household Hazardous Waste Retail Permit Fee
$4,41 million
$3.59 million
$0.93 million
Storage Tank Mgmt Registration Fee $0.45 million
Oil Overcharge Account Funds available 5 years $17.5 million
Iowa has a well documented ground water pollution problem and demonstration
projects, such as the Big Spring Demonstration Project, have been able to show both
environmental and economic benefits of water quality abatement activities. Therefore,
when the Act was proposed, there was public and political support to establish fees in
controversial areas such as agricultural pesticides and fertilizers. In addition at the same
time the various fees were established, an extensive information and education program
was initiated to promote integrated pest management and nutrient management programs.
The Iowa Grouadwater Protection Act of l£S7 is only one program that is being used
to abate nonpoint source pollution. At least nine other programs can be identified that
work in combination with the Act, These programs include the Publicly Owned Lates
Program (cost shares sofi conservation practices), the Resource Enhancement and
Protection Account (REAP) which carries out soil and water enhancement programs, an
Integrated Farm Management Demonstration Program, the Model Farms Demonstration
Project and various existing EPA and USDA water quality programs.
The Iowa Ground Water Protection Act provides significant local funding to
match federal funding for water quality programs.
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INTRODUCTION
The Big Spring Basin Demonstration Project, located in northeast Iowa, gave State agency
and resource people the base data to clearly identify ground water pollution problems associated
with agricultural pesticides and fertilizers. Big Spring has been monitored for water quality from
the 1950s and the monitoring results portray the trends of fertilizer and chemical use in the basin
over time. Iowa citizens who depend heavily on ground water resources have become concerned
with the potential health risks of ground water pollution. Based on the specific information
developed through the Big Spring Project and a growing public concern about ground water
contamination, there was strong support to enact and implement the Iowa Groundwater Protection
Strategy of 1987.
PROVISIONS OF THE ACT
The goal of the Iowa Groundwater Protection Act of 1987 is to "prevent the contamination of
ground water from point and nonpoint sources of contamination to the maximum extent practical,
and if necessary to restore the groundwater to a potable state, regardless of present condition, use
or characteristics." Through the Iowa Groundwater Protection Strategy of 1987, thirteen potential
sources of ground water contamination were evaluated for legislative action and are addressed
by the Act in various ways. The Department of Natural Resources was designated as the
coordination and administrative agency.
Duties of the Department of Natural Resources include water quality monitoring, establishing
standards for ground water quality, mapping of groundwater hazards, maintaining and
disseminating groundwater data, developing a geographic information system, developing rules,
taking enforcement actions and developing a comprehensive education program. The Act
specifically puts a strong emphasis on information and education.
The legislation authorizes the establishment of a Ground Water Protection Fund. Revenues
collected for the Fund are received by the state treasury and the funds are deposited in five
accounts which are dedicated to specific purposes. Funds from one year can be carried over to
future years. Both point and nonpoint source pollution activities are eligible for funding through
any of the accounts. A summary of the accounts is as follows:
SOLID WASTE ACCOUNT
A $3.50/ton tipping fee is collected. Uses of the money include funding for the Waste
Management Authority, University of Northern Iowa Small Business Assistance Center,
Department of Health, development of monitoring guidelines, implementation of demonstration
projects such as recycling, assistance for local
landfill agencies, planning and abatement. The Solid Waste Account could generate $4.41
million/annually.
Iowa's Groundwater Protection Act Page 83
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AGRICULTURAL MANAGEMENT ACCOUNT
Registration and license fees are assessed on pesticide dealers. The pesticide dealer fee
is based on 0.1% of gross annual sales; a pesticide product registration on manufacturers ranging
from $250 to $3,000 per year, based on 0.2% of gross annual sales in Iowa. In addition there is
a nitrogen fertilizer tax of $0.75/ton based on an 82%-N solution. Funds are used by the
Department of Health, the Leopold Center for Sustainable Agriculture, rural water supply testing,
to close old wells, to establish the Center for Health Effects of Environmental Contamination,
and to the Department of Agriculture and Land Stewardship for incentive programs involving
sinkholes and agricultural drainage wells. A total of $3.59 million may be available annually in
this account.
HOUSEHOLD HAZARDOUS WASTE ACCOUNT
Retailers selling household hazardous materials will pay a yearly fee of $10-$ 100 based
on gross sales. The money in this account is used by the Department of Public Health, for grants
to local organizations for recycling/reclamation projects, for Department of Transportation oil
collection pilot projects, for toxic cleanup days, for education programs and for administration.
About $0.93 million annually should be available to this account.
STORAGE TANK MANAGEMENT ACCOUNT
Fees for storage tank registration are $10 with an annual fee of $15 per year for tanks
over 1,100 gallons. These funds will be used by the Department of Public Health, for a regulatory
program by the Department of Natural Resources, by the Division of Insurance and to assist with
remedial cleanup efforts. About $0.45 million per year are the estimated revenues for this
account.
OIL OVERCHARGE ACCOUNT
These funds are a result of legal settlements of overcharges for petroleum products. A
total of $17.5 million may be available over 5 years and may be used for agricultural energy
management, waste to energy/solid waste management and energy resource development.
Specifically the Integrated Farm Management Demonstration Program and the Big Spring Basin
Demonstration Program have utilized these funds.
Specific duties are assigned by the Act to the Department of Natural Resources, to the
Department of Agriculture and Land Stewardship, the Department of Public Health, the State
University and the Iowa Cooperative Extension Service.
Iowa's Groundwater Protection Act Page 84
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COMMENTARY
The passage of the Iowa Ground Water Protection Act of 198? was the result of several
factors. There was first a clear definition of the water quality problem which had been
documented for years. The general public was aware that ground water contamination
could poise a health hazard to everyone. Demonstration projects had shown that
successful actions could be taken that were economically and environmentally feasible.
These factors were important since the Act included provision for a very controversial
fees for pesticides and fertilizers which affected the agricultural community, A successful
commitment was made to help balance these fees through savings resulting from pest
management and nutrient management programs.
In looking at the relationship between this specific piece of legislation and abatement
of aonpoint source pollution, it is evident that the Ground Water Protection Act is a one
very useful tool in a comprehensive set of water quality programs which have produced
water quality benefits for Iowa,
OTHER PROGRAMS INCLUDE:
L EPA Section 319 Funding:
The Iowa Department of Natural Resources has been granted about
$850,000 in FY 92, Funded projects include public information and education,
animal waste management, riparian zone demonstrations* dead livestock disposal,
Me and watershed projects, groundwater protection and a» Integrated Pest
Management Program.
2. P*iblicly*owned Lakes Program:
This program is used to cost share soil conservation practices installed in
priority watersheds. About $592,000 may be available in FY92 for this program,
and one emphasis is to utilize these local and state dollars as match for addition
federal conservation funding.
3. REAP WATER PROTECTION FUND;
This unique fund called the Resource Enhancement and Protection Act is targeted
for a general fund appropriation of $20 million per year with additional dollars
being received from the state lottery and state credit card receipts. Projects
include conservation education, open space acquisition, funding of county
conservation boards, soil and water conservation, city paries, etc. Although the
Iowa's Groundwater Protection Act Page 85
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COMMENTARY Continued..,
funding for REAP has not been as high as originally proposed, Soil and Water
Conservation Districts received $942,941 in 1990 and $1,049,107 in 1991 through the Soil
and Water Enhancement Account which represented 20% of the REAP funds for each
year, which are devoted to nonpoinl source pollution control efforts.
4* IOWA WETLAND PROTECTION PLAN:
As a result of this plan, cost sharing can be directed to wetland acquisition, which
can contribute to riparian area management for nonpoint source pollation control
5. OTHER STATE PROGRAMS:
Include: Iowa Soil 2000, Soil and Water Conservation District programs, Model
Farms Demonstration Projects, State Soil Loss Limit Regulations, Iowa*s
Financial Incentive Program and the No-interest Soil Conservation Loan Program.
& tfSDA PROGRAMS:
Include: Bydrologic Unit Areas; PL 566 Small Watershed Pmjecfc; the
Agricultural Conservation Program (ACP); the Resources Conservation Act
(RCA); Water Quality Demonstration Projects; and the Conservation Reserve
Program.
7. EPA PROGRAMS:
Include: The Clean Lakes Program, pollution prevention projects and both point
and nonpoint programs administered at the state level
Iowa places a high value on coordination among agencies at both the state and
federal level To encourage local participation in various programs, a grant application
has been developed which can be used to apply for multiple programs and then a state
level committee decides what type of funding is appropriate. Through, the Oround Water
Protection Act and all of these cooperating programs, Iowa has been able to fund a
significant nonpoint source pollution program.
Iowa's Groundwater Protection Act Page 86
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APPENDIX ONE
Primary Contact People
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APPENDIX ONE
PRIMARY CONTACT PEOPLE
MARYLAND CRITICAL AREAS PROGRAM
Dr. Sarah Taylor, Executive Director
Chesapeake Bay Critical Area Commission
275 West Street, Suite 320
Annapolis, Maryland 21401
(410) 974-2418
CITY OF BELLEVUE, WASHINGTON
STORM AND SURFACE WATER UTILITY
Nancy Hanson, Storm and Surface Water Utility
301 116th Avenue, SE
P.O. Box 90012
Bellevue, WA 98009-9012
(206) 451-4476
JEFFERSON COUNTY, WASHINGTON
SUBSTATE REVOLVING FUND
Teresa Barren, Water Quality Planner
Jefferson County Planning & Building Department
P.O. Box 1220
Port Townsend, WA 98368
(206) 385-9149
CALIFORNIA STATE REVOLVING FUND
William R. Campbell, Chief
Nonpoint Source Loan Unit
Division of Water Quality
State Water Resources Control Board
901 P Street
P.O. Box 100
Sacramento, California 95801
(916) 657-1043
Page 87
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CHERRY CREEK RESERVOIR PROJECT, COLORADO
Lou Short
Cherry Creek Basin Water Quality Authority
6200 South Syracuse Way
Suite 150, Carrara Place
Englewood, CO 80111
(303) 779-4525
IOWA'S GROUND WATER PROTECTION ACT
James B. Gulliford, Director
Division of Soil Conservation
Iowa Department of Agriculture and Land Stewardship
Wallace State Office Building
Des Moines, Iowa 50319
(515) 281-6146
Appendix One—Primary Contact People Page 88
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APPENDIX TWO
Supplemental Materials
Iowa Ground Water Protection Act
Maryland Critical Area Program Act
Cherry Creek Basin Authority:
Enabling Legislation
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HOUSE FILE 631
AN ACT
RELATING TO PUBLIC HEALTH AND SAFETY BY ESTABLISHING MEASURES
TO IMPROVE ASQ PROTECT GROUNDWATER QUALITY AND TO MANAGE
SUBSTANCES WHICH POSE HEALTH AND SAFETY HAZARDS, BY ESTAB-
LISHING GOALS, POLICIES, FUNDING MECHANISMS, INCLUDING TAXES
AND FEES, AND ADMINISTRATIVE PROVISIONS FOR THE MEASURES, BY
ESTABLISHING PROGRAMS RELATING TO THE MANAGEMENT OF AGRICUL-
TURAL ACTIVITIES, SOLID WASTE DISPOSAL, HOUSEHOLD HAZARDOUS
WASTES, STORAGE TANKS, FERTILIZERS, PESTICIDES, LANDFILLS,
AND WATERSHEDS, BY PROVIDING PENALTIES, ESTABLISHING EFFEC-
TIVE DATES, MAKING APPROPRIATIONS, AND BY PROVIDING FOR
OTHER PROPERLY RELATED MATTERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
PART ONE — GENERAL PROVISIONS
Chapter 455E
GROUNDWATEH PROTECTION
Section 101. NEW SECTION. 455E.1 TITLE.
This chapter shall be known and may be cited as the
"Groundwater Procection Act".
Sec. 102. NrH SECTION. 455E.2 DEFINITIONS.
As used in this chapter, unless the context otherwise
requires:
1. "Groundwater" means any water of the state, as defined
in section 455B.171, which occurs beneath the surface of the
earth in a saturated geological formation of rock or soil.
House File 631, p. 2
2. "Department" means the department of natural resources
created under section 455A.2.
3. "Director" means the director of the department.
4. "Commission" means the environmental protection
commission created under section 4SSA.6.
5. "Contamination" means the direct or indirect
introduction into groundwater of any contaminant caused in
whole or in part by human activities.
6. "Contaminant" means any chemical, ion, radionuclide,
synthetic organic compound, microorganism, waste, or other
substance which does not occur naturally in groundwater or
which naturally occurs at a lower concentration.
7. "Active cleanup" means removal, treatment, or isolation
of a contaminant from groundwater through the directed efforts
of humans.
8. "Passive cleanup" means the removal or treatment of a
contaminant in groundwater through management practices or the
construction of barriers, trenches, and other similar
facilities for prevention of contamination, as well as the use
of natural processes such as groundwater recharge, natural
decay, and chemical or biological decomposition.
Sec. 103. NEW SECTION. 455E.3 FINDINGS.
The general assembly finds that:
1. Groundwater is a precious and vulnerable natural
resource. The vast majority of persons in the state depend on
groundwater as a drinking water source. Agriculture,
commerce, and industry also depend heavily on groundwater.
Historically, the majority of Iowa's groundwater has been
usable for these purposes without treatment. Protection of
groundwater is essential to the health, welfare, and economic
prosperity of all citizens of the state.
2. Many activities of humans, including the manufacturing,
storing, handling, and application to land of pesticides and
fertilizers; the disposal of solid and hazardous wastes; the
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House File 631, p. 3
storing and handling of hazardous substances; and the improper
construction and the abandonment of wells and septic systems
have resulted in groundwater contamination throughout -he
state.
3. Knowledge of the health effects of contaminants varies
greatly. The long-term detriment to human health from
synthetic organic compounds in particular is largely unknown
but is of concern.
4. Any detectable quantity of a synthetic organic compound
in groundwater is unnatural and undesirable.
5. The movement of grounduater, and the movement of
contaminants in groundwater, is often difficult to ascertain
or control. Decontamination is difficult and expensive to
accomplish. Therefore, preventing contamination of
groundwater is of paramount importance.
Sec. 104. NEK SECTION. 455E.4 GROUNDWATER PROTECTION
GOAL.
The intent of the state is to prevent contamination of
groundwater from point and nonpoint sources of contamination
to the maximum extent practical, and if necessary to restore
the groundwater to a potable state, regardless of present
condition, use, or characteristics.
Sec. 105. NEK SECTION. 455E.5 GROUNDWATER PROTECTION
POLICIES.
1. It is the policy of the state to prevent further
contamination of groundwater from any source to the maximum
extent practical.
2. The discovery of any groundwacer contamination shall
require appropriate actions to prevent further contamination.
These actions may consist of investigation and evaluation or
enforcement actions if necessary to stop further contamination
as required under chapter 4553.
3. All persons in the state have the right to have their
lawful use of grcundwater unimpaired by the activities of any
person which render the water unsafe or jnoocable.
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House File 631, p. 4
4.* All persons in the state have the duty to conduct their
activities so as to prevent the release of contaminants into
groundwater.
5. Documentation of any contaminant which presents a
significant risk to human health, the environment, or the
quality of life shall result in either passive or active
cleanup. In both cases, the best technology available or best
management practices shall be utilized. The department shall
adopt rules which specify the general guidelines for
determining the cleanup actions necessary to meet the goals of
the state and the general procedures for determining the
parties responsible by July 1, 1989. Until the rules are
adopted, the absence of rules shall not be raised as a defense
to an order to clean up a source of contamination.
6. Adopting health-related groundwater standards may be of
benefit in the overall groundwater protection or other
regulatory efforts of the state. However, the existence of
such standards, or lack of them, shall not be construed or
utilized in derogation of the groundwater protection goal and
protection policies of the state.
7. The department shall take actions necessary to promote
and assure public confidence and public awareness. In
pursuing this goal, the department shall make public the
results of groundwater investigations.
8. Education of the people of the state is necessary to
preserve and restore groundwater quality. The content of this
groundwater protection education must assign obligations, call
for sacrifice, and change some current values. Educational
efforts should strive to establish a conservation ethic among
lowans and should encourage each lowan to go beyond
enlightened se"lf-interest in the protection of groundwater
quality.
Sec. 106. NEW SECTION. 455E.6 LEGAL EFFECTS.
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House File 631, p. 5
House File 631, p. 6
This chapter supplements other legal authority and shall
not enlarge, restrict, or abrogate any remedy which any person
or class of persons may have under other statutory or common
law and which serves the purpose of groundwater protection.
An activity that does not violate chapter 4558 does not
violate this chapter. In the event of a conflict between this
section and another provision of this chapter, it is the
intent of the general assembly that this section prevails.
Liability shall not be imposed upon an agricultural
producer for the costs of active cleanup, or for any damages
associated with or resulting from the detection in the
qroundwater of any quantity of nitrates provided that
eoplication has been in compliance with soil test results and
that the applicator has properly complied with label
instructions for application of the fertilizer. Compliance
with the above provisions may be raised as an affirmative
defense by an agricultural producer.
Liability shall not be imposed upon an agricultural
producer for costs of active cleanup, or for any damages
associated with or resulting from the detection in the
croundwater of pesticide provided that the applicator has
properly complied with label instructions for application of
the pesticide and that the applicator has a valid appropriate
applicator's license. Compliance with the above provisions
nay be raised as an affirmative defense by an agricultural
producer .
Sec. 107. NEW SECTION. 4S5E.7 PRIMARY ADMINISTRATIVE
AGENCY.
The department is designated as the agency to coordinate
= .-d administer groundwater protection programs for the state.
Sec. 108. NEW SECTION. 455E.8 POWERS AND DUTIES OF THE
::RECTOR.
In sedition to other grounduater protection duties, the
c:rector, in cooperation with soil district commissioners and
v::h c-.-.er state and local agencies, shall:
1. Develop and administer a comprehensive groundwater
monitoring network, including point of use, point of
contamination, and problem assessment monitoring sites across
the state, and the assessment of ambient groundwater quality.
2. Include in the annual report required by section
455A.4, the number and concentration of contaminants detected
in groundwater. This information shall also be provided to
the director of public health and the secretary of
agriculture.
3. Report any data concerning the contamination of
groundwater by a contaminant not regulated under the federal
Safe Drinking Water Act, 42 U.S.C. S 300(f) et seq. to the
United States environmental protection agency along with a
request to establish a maximum contaminant level and to
conduct a risk assessment for the contaminant.
4. Complete groundwater hazard mapping of the state and
make the results available to state and local planning
organizations by July 1, 1991.
5. Establish a system or systems within the department for
collecting, evaluating, and disseminating groundwater quality
data and information.
6. Develop and maintain a natural resource geographic
information system and comprehensive water resource data
system. The system shall be accessible to the public.
7. Develop and adopt by administrative rule, criteria for
evaluating groundwater protection programs by July 1, 1988.
8. Take any action authorized by law, including the
investigatory and enforcement actions authorized by chapter
455B, to implement the provisions of this chapter and the
rules adopted pursuant to this chapter.
9. Disseminate data and information, relative to this
chapter, to the public to the greatest extent practical.
10. Develop a program, in consultation with the departne.it
of education and che department of environmental education of
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House File 631, p. 7
the University c: Northern Iowa, regarding water quality
issues which shall be included in the minimum program required
in grades seven and eight pursuant to section 256.11,
subsection 4.
Sec. 109. NEW SECTION. 455E.9 POWERS AND DUTIES OF THE
COMMISSION.
1. The commission shall adopt rules to implement this
chapter.
2. When grour.dwater standards are proposed by the
commission, all available information to develop the standards
shall be considered, including federal regulations and all
relevant information gathered from other sources. A public
hearing shall be held in each congressional district prior to
the submittal of a report on standards to the general
assembly. This report on how groundwater standards may be a
part of a groundvater protection program shall be submitted by
the department to the general assembly for its consideration
by January 1, 1989.
Sec. 110. NEK SECTION. 455E.10 JOINT DUTIES — LOCAL
AUTHORITY.
1. All state agencies shall consider groundwater
protection policies in the administration of their programs.
Local agencies shall consider groundwater protection policies
in their programs. All agencies shall cooperate with the
department in disseminating public information and education
materials concerr.ing the use and protection of groundwater, in
collecting groundwater management data, and in conducting
research on technologies to prevent or remedy contamination of
groundwater.
2. Political subdivisions are authorized and encouraged to
implement groundvater protection policies within their
respective jurisdictions, provided that implementation is at
least as stringe.-.c but consistent with the rules of the
department.
House File 631, p. 8
Sec. 111. NEW SECTION. 455E.ll GROUNDWATER PROTECTION
FUND ESTABLISHED.
1. A groundwater protection fund is created in the state
treasury. Moneys received from sources designated Cor
purposes related to groundwater monitoring and groundwater
quality standards shall be deposited in the fund.
Notwithstanding section 8.33, any unexpended balances in the
groundwater protection fund and in any of the accounts within
the groundwater protection fund at the end of each fiscal year
shall be retained in the fund and the respective accounts
within the fund. The fund may be used for the purposes
established for each account within the fund.
The director shall include in the departmental budget
prepared pursuant to section 455A.4, subsection 1, paragraph
"c", a proposal for the use of groundwater protection fund
moneys, and a report of the uses of the groundwater protection
fund moneys appropriated in the previous fiscal year.
The secretary of agriculture shall submit with the report
prepared pursuant to section 17.3 a proposal for the use of
groundwater protection fund moneys, and a report of the uses
of the groundwater protection fund moneys appropriated in the
previous fiscal year.
2. The following accounts are created within the
groundwater protection fund:
a. A solid waste account. Moneys received from the
tonnage fee imposed under section 455B.310 and from other
sources designated for environmental protection purposes in
relation to sanitary disposal projects shall be deposited in
the solid waste account.
The department shall use the funds in the account for the
following purposes:
(1) The first fifty cents per ton of funds received from
the tonnage fee imposed under section 455B.310 for the fiscal
year beginning July 1, 1988 and ending June 30, 1989, shall be
used for the following:
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House Pile 631, p. 9
House File 631, p. 10
(a) Six cer,-.B per ton of the amount allocated under this
subparagraph is appropriated to the waste management authority
within the department of natural resources.
(b) Fourteen cents per ton of the amount allocated under
this subparagraph is appropriated to the University of
Northern Iowa to develop and maintain the small business
assistance center for the safe and economic management of
solid waste and hazardous substances established at the
University of Northern Iowa.
(c) Eight thousand dollars of the amount allocated under
this subparagraph is appropriated to the Iowa department of
public health for carrying out the departmental duties
pursuant to section 135.11, subsections 20 and 21, and section
139.35.
(d) The remainder of the amount allocated under this
subparagraph is appropriated to the department of natural
resources for the following purposes:
(i) The development of guidelines for groundwater
monitoring at sanitary disposal projects as defined in section
4558.301, subsection 3.
(ii) Abatement and cleanup of threats to the public
health, safety, and the environment resulting from a sanitary
landfill if an owner or operator of the landfill is unable to
facilitate the abatement or cleanup. However, not more than
ten percent of the total funds allocated under this
subparagraph may be used for this purpose without legislative
authorization.
(2) An additional fifty cents per ton from the fees
imposed under section 455B.310 for the fiscal year beginning
July 1, 1988 and ending June 30, 1989 shall be used by the
department to develop and implement demonstration projects for
landfill alternatives to solid waste disposal including
recycling programs.
(3) The additional fifty cents per ton collected from the
fee imposed under section 455B.310 for the fiscal year
beginning July 1, 1988 and ending June 30, 1989 may be
retained by the agency making the payments to the state
provided that a separate account is established for these
funds and that they are used in accordance with the
requirements of section 455B.306.
(4) The first fifty cents per ton of funds received from
the tonnage fee imposed under section 4S5B.310 for the fiscal
year beginning July 1, 1989 and ending June 30, 1990, shall be
used for the following:
(a) Six cents per ton of the amount allocated under this
subparagraph is appropriated to the waste management authority
within the department of natural resources.
(b) Fourteen cents per ton of the amount allocated under
this subparagraph is appropriated to the University of
Northern Iowa to develop and maintain the small business
assistance center for the safe and economic management of
solid waste and hazardous substances established at the
University of Northern Iowa.
(c) Eight thousand dollars of the amount allocated under
this subparagraph is appropriated to the Iowa department of
public health for carrying out the departmental duties
pursuant to section 135.11, subsections 20 and 21, and section
139.35.
(d) The remainder of the amount allocated under this
subparagraph is appropriated to the department of natural
resources for the following .purposes:
(i) The development' of guidelines for groundwater
monitoring at sanitary disposal projects as defined in section
455B.301, subsection 3.
(ii) Abatement and cleanup of threats to the public
health, safety, and the environment resulting from a sanitary
landfill if an owner or operator of the landfill is unable to
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House File 631, p. 11
facilitate the abatement or cleanup. However, not more than
ten percent of the total funds allocated under this
subparagraph may be used for this purpose viithout legislative
authorization.
(5) One dollar per ton from the fees imposed under section
4558.310 Cor the fiscal year beginning July 1, 1989 and ending
June 30, 1990 shall be used by the department to develop and
implement demonstration projects for landfill alternatives to
solid waste disposal including recycling programs.
(6) The additional fifty cents per ton collected from the
fee Imposed under section 4S5B.310 for the fiscal year
beginning July 1, 1969 and ending June 30, 1990 may be
retained by the agency making the payments to the state
provided that a separate account is established for these
funds and that they are used in accordance with the
requirements of section 455B.306.
(7) The first fifty cents per ton of funds received from
the tonnage fee Imposed for the fiscal year beginning July 1,
1990 and thereafter shall be used for the following:
(a) Fourteen cents per ton of the amount allocated under
this subparagraph is appropriated to the University of
Hoc them towa to develop and maintain the small business
assistance center for the safe and economic management of
solid vaste and hazardous substances established at the
University of Northern Iowa.
(b) Eight thousand dollars of the amount allocated under
this subparagraph is appropriated to the Iowa department of
public health for carrying out the departmental duties
pursuant to section 135.11. subsections 20 and 21, and section
139.35.
(c) The administration and enforcement of a groundwater
monitoring program and other required programs which are
related to solid waste management.
House File 631, p. 12
(d) The development of guidelines for groundwater
monitoring at sanitary disposal projects as defined in section
4558.301. subsection 3.
(e) Abatement and cleanup of threats to the public health,
safety, and the environment resulting from a sanitary landfill
if an owner or operator of the landfill is unable to
facilitate the abatement or cleanup. However, not more than
ten percent of the total funds allocated under this
subparagraph may be used for this purpose without legislative
authorization.
(8) One dollar per ton from the fees Imposed under section
455B.310 for the fiscal year beginning July 1, 1990 and
thereafter shall be used by the department to develop and
Implement demonstration projects for landfill alternatives to
solid waste disposal Including recycling programs.
(9) Each additional fifty cents per ton per year of funds
received from the tonnage fee for the fiscal period beginning
July 1, 1990 and thereafter is allocated for the following
purposes:
(a) Thirty-five cents per ton per year shall be allocated
to the department of natural resources for the following
purposes:
(i) Twenty-five cents per ton per year shall be used to
develop and implement demonstration projects for landfill
alternatives to solid waste disposal Including recycling
programs.
(il) Mo more than ten cents of the thirty-five cents per
year may be used for the administration of a groundwater
monitoring program and other required programs which are
related to solid waste management. If the amount of funds
generated for administrative costs in this fiscal period is
less than the amount generated for the costs in the fiscal
year beginning July 1, 1988.
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House File 631, p. 13
House File 631, p. 14
(b) Fifteen cents per ton per year shall be allocated to
local agencies for use as provided by law.
(10) Cities, counties, and private agencies subject to
fees imposed under section 4SSB.310 may use the funds
collected in accordance with the provisions of this section
and the conditions of this subsection. The funds used from
the account may only be used for any of the following
purposes:
(a) Development and implementation of an approved
comprehensive plan.
(b) Development of a closure or postclosure plan.
(c) Development of a plan for the control and treatment of
leachate which may include a facility plan or detailed plans
and specifications.
(d) Preparation of a financial plan, but these funds may
not be used to actually contribute to any fund created to
satisfy financial requirements, or to contribute to the
purchase of any instrument to meet this need.
On January 1 of the year following the first year in which
the funds from the account are used, and annually thereafter,
the agency shall report to the department as to the amount of
the funds used, the exact nature of the use of the funds, and
the projects completed. The report shall include an audit
report which states that the funds were, in fact, used
entirely for purposes authorized under this subsection.
(11) If moneys appropriated to the portion of the solid
waste account to be used for the administration of groundwater
monitoring programs and other required programs that are
related to solid waste management remain unused at the end of
any fiscal year, the moneys remaining shall be allocated to
the portion of the account used for abatement and cleanup of
threats to the public health, safety, and the environment,
resulting from sanitary landfills. If the balance of the
moneys in the portion of the account used for abatement and
cleanup exceeds three million dollars, the moneys in excess
shall be used to fund the development and implementation of
demonstration projects for landfill alternatives to solid
waste disposal including recycling.
The agriculture management account shall be used for the
following purposes:
(1) Nine thousand dollars of the account is appropriated
to the Iowa department of public health for carrying out the
departmental duties under section 135.11, subsections 20 and
21, and section 139.35.
(2) Of the remaining moneys in the account:
(a) Thirty-five percent is appropriated annually for the
Leopold center for sustainable agriculture at Iowa State
University of science and technology.
(b) Two percent is appropriated annually to the department
of natural resources for the purpose of administering grants
to counties and conducting oversight of county-based programs
relative to the testing of private water supply wells and the
proper closure of private abandoned wells. Not more than
twenty-three percent of the moneys is appropriated annually to
the department of natural resources for grants to counties for
the purpose of conducting programs of private, rural water
supply testing, not more than six percent of the moneys is
appropriated annually to the state hygienic laboratory to
assist in well testing, and not more than twelve percent of
the moneys is appropriated annually to the department of
natural resources for grants to counties for the purpose of
conducting programs for properly closing abandoned, rural
water supply wells.
(c) The department shall allocate a sum not to exceed
seventy-nine thousand dollars of the moneys appropriated for
the fiscal year beginning July 1, 1987, and ending June 30,
1988 for the preparation of a detailed report and plan for the
establishment on July 1, 1988 of the center for health effects
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House File 631, p. 15
of environmental contamination. The plan for establishing the
center shall be presented to the general assembly on or before
January 15, 1988. The report shall include the assemblage of
all existing data relating to Iowa drinking water supplies,
including characteristics of source, treatment, presence of
contaminants, precise location, and usage patterns to
facilitate data retrieval and use in research; and detailed
organizational plans, research objectives, and budget
projections Cor the anticipated functions of the center in
subsequent years. The department may allocate annually a SUM
not to exceed nine percent of the moneys appropriated to the
center, beginning July 1, 1988.
(d) Thirteen percent of the moneys is appropriated
annually to the department of agriculture and land stewardship
for financial Incentive programs related to agricultural
drainage wells and sinkholes, for studies and administrative
costs relating to sinkholes and agricultural drainage wells
prograns, and not more than two hundred thousand dollars of
the moneys la appropriated for the demonstration projects
regarding agricultural drainage wells and sinkholes. Of the
thirteen percent allocated for financial Incentive programs,
not more than fifty thousand dollars Is appropriated for the
fiscal year beginning July 1, 1987 and ending June 30, 1988,
to the department of natural resources for grants to county
conservation boards for the development and implementation of
projects regarding alternative practices in the remediation of
noxious weed or other vegetation within highway rights-of-way.
(e) A household hazardous waste account. The moneys
collected pursuant to section 455F.7 shall be deposited in the
household hazardous waste account. Two thousand dollars is
appropriated annually to the Iowa department of public health
to carry out departmental duties under section 13S.11,
subsections 20 and 21, and section 139.35, eighty thousand
collars is appropriated to the department of natural resources
House File 631, p. 16
for city, county, or service organization project grants
relative to recycling and reclamation events, and eight
thousand dollars Is appropriated to the department of
transportation for the period of October 1, 1987 through June
30, 1989 for the purpose of conducting the used oil collection
pilot project. The remainder of the account shall be used to
fund Toxic Cleanup Days programs, education programs, and
other activities pursuant to chapter 45SF, including the
administration of the household hazardous materials permit
program by the department of revenue and finance.
(f) A storage tank management account. All fees collected
pursuant to section 4558.473, subsection 4, and section
45SB.479, shall be deposited in the storage tank management
account. Funds shall be expended for the following purposes:
(1) One thousand dollars is appropriated annually to the
Iowa department of public health to carry out departmental
duties under section 13S.11, subsections 20 and 21, and
section 139.35.
(2) Seventy percent of the moneys deposited in the account
annually are appropriated to the department of natural
resources for the administration of a state storage tank
program pursuant to chapter 4S5B, division IV, part 8, and for
programs which reduce the potential for harm to the
environment and the public health from storage tanks.
(3) For the fiscal year beginning July 1, 1987, and ending
June 30, 1988, twenty-five thousand dollars is appropriated
from the account to the division of insurance for payment of
costs incurred in the establishment of the plan of operations
program regarding the financial responsibility of owners and
operators of underground storage tanks which store petroleum.
(4) The remaining funds in the account are appropriated
annually to the department of natural resources for the
funding of state remedial cleanup efforts.
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House File 631, p. 17
(g) An oil overcharge account. The oil overcharge moneys
distributed by the United States department of energy, and
approved Cor the energy related components of the groundwater
protection strategy available through the energy conservation
trust fund created in section 93.11, shall be deposited in the.
oil overcharge account as appropriated by the general
assembly. The oil overcharge account shall be used Cor the
following purposes:
(1) The following amounts are appropriated to the
department of natural resources to implement its
responsibilities pursuant to section 455E.8:
(a) For the fiscal year beginning July 1, 1987 and ending
June 30, 1988, eight hundred sixty thousand dollars is
appropriated.
(b) For the fiscal year beginning July 1, 1988 and ending
June 30, 1989, six hundred fifty thousand dollars is
appropriated.
(c) For the fiscal year beginning July 1, 1989 and ending
June 30, 1990, six hundred thousand dollars is appropriated.
(d) For the fiscal year beginning July 1, 1990 and ending
June 30, 1991, five hundred thousand dollars is appropriated.
(e) For the fiscal year beginning July 1, 1991 and ending
June 30, 1992, five hundred thousand dollars is appropriated.
(2) For the fiscal year beginning July 1, 1987 and ending
June 30, 1988, five hundred sixty thousand dollars is
appropriated to the department of natural resources for
assessing rural, private water supply quality.
(3) For the fiscal period beginning July 1, 1987 and
ending June 30, 1989, one hundred thousand dollars is
appropriated annually to the department of natural resources
for the administration of a groundwater monitoring program at
sanitary landfills.
(4) The following amounts are appropriated to the Iowa
state water resources research institute to provide
Rouse File 631, p. 18
competitive grants to colleges, universities, and private
institutions within the state for the development of research
and education programs regarding alternative disposal methods
and groundwater protection:
(a) For the fiscal year beginning July 1, 1987 and ending
June 30, 1988, one hundred twenty thousand dollars is
appropriated.
(b) For the fiscal year beginning July 1, 1988 and ending
June 30, 1989, one hundred thousand dollars is appropriated.
(c) For the fiscal year beginning July 1, 1989 and ending
June 30, 1990, one hundred thousand dollars is appropriated.
(5) The following amounts are appropriated to the
department of natural resources to develop and implement
demonstration projects for landfill alternatives to solid
waste disposal, including recycling programs:
(a) For the fiscal year beginning July 1, 1987 and ending
June 30, 1988, seven hundred sixty thousand dollars is
appropriated.
(b) For the fiscal year beginning July 1, 1988 and ending
June 30, 1989, eight hundred fifty thousand dollars is
appropriated.
(6) For the fiscal period beginning July 1, 1987 and
ending June 30, 1988, eight hundred thousand dollars is
appropriated to the Leopold center for sustainable
agriculture.
(7) Seven million five hundred thousand dollars is
appropriated to the agriculture energy management fund created
under chapter 467E for the fiscal period beginning July 1,
1987 and ending June 30-, 1992, to develop nonregulatory
programs to implement integrated farm management of farm
chemicals for environmental protection, energy conservation,
and farm profitability; interactive public and farmer
education; and applied studies on best management practices
and best appropriate technology for chemical use efficiency
and reduction.
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House Pile 631, p. 19
(8) The following amounts are appropriated to the
department of natural resources to continue the Big Spring
demonstration project in Clayton county.
(a) For the fiscal period beginning July 1, 1987 and
ending June 30, 1990, seven hundred thousand dollars is
appropriated annually.
(b) For the fiscal period beginning July 1, 1990 and
ending June 30, 1992, five hundred thousand dollars is
appropriated annually.
(9) For the fiscal period beginning July 1, 1987 and
ending June 30, 1990, one hundred thousand dollars is
appropriated annually to the department of agriculture and
land stewardship to implement a targeted education program on
best management practices and technologies for the mitigation
of groundwater contamination from or closure of agricultural
drainage wells, abandoned wells, and sinkholes.
Sec. 112. Section 455B.172, subsection 2, Code 1987. is
amended by striking the subsection and inserting in lieu
thereof the following:
2. The department shall carry out the responsibilities of
the state related to private water supplies and private sewage
disposal systems for the protection of the environment and the
public health and safety of the citizens of the state.
Sec. 113. Section 4558.172, Code 1987, is amended by
adding the following new subsections after subsection 2 and
renumbering the subsequent subsections:
NEW SUBSECTION. 3. Each county board of health shall
adopt standards for private water supplies and private sewage
disposal facilities. These standards shall be at least as
stringent but consistent with the standards adopted by the
commission. If a county board of health has not adopted
standards for private water supplies and private sewage
disposal facilities, the standards adopted by the commission
shall be applied and enforced within the county by the county
board of health.
House File 631, p. 20
NEW SUBSECTION. 4. Each county board of health shall
regulate the private water supply and private sewage disposal
facilities located within the county board's jurisdiction, in-
cluding the enforcement of standards adopted pursuant to this
section.
NEW SUBSECTION. 5. The department shall maintain juris-
diction over and regulate the direct discharge to a water of
the state. The department shall retain concurrent authority
to enforce state standards for private water supply and
private sewage disposal facilities within a county, and
exercise departmental authority if the county board of health
falls to fulfill board responsibilities pursuant to this
section.
The commission shall make grants to counties for the
purpose of conducting programs for the testing of private,
rural water supply wells and for the proper closing of
abandoned, rural, private water supply wells within the
jurisdiction of the county. Grants shall be funded through
allocation of the agriculture management account of the
groundwater protection fund. Grants awarded, continued, or
renewed shall be subject to the following conditions:
a. An application for a grant shall be in a form and shall
contain information as prescribed by rule of the commission.
b. Nothing in this section shall be construed to prohibit
the department from making grants to one or more counties to
carry out the purpose of the grant on a joint, multicounty
basis.
c. A grant shall be awarded on an annual basis to cover a
fiscal year from July 1 to June 30 of the following calendar
year.
d. The continuation or renewal of a grant shall be con-
tingent upon the county's acceptable performance in carrying
out its responsibilities, as determined by the director. The
director, subject to approval by the commission, may deny the
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House File 631, p. 21
House File 631, p. 22
awarding of a grant or withdraw a grant awarded if, by
determination of the director, the county has not carried out
the responsibilities for which the grant was awarded, or
cannot reasonably be expected to carry out the
responsibilities for which the grant would be awarded.
Sec. 114. Section 455B.173, Code 1987, is amended by
adding the following new subsection:
NEW SUBSECTION. 10. Adopt, modify, or repeal rules re-
lating to the awarding of grants to counties for the purpose
of carrying out responsibilities pursuant to section 4S5B.172
relative to private water supplies and private sewage disposal
facilities.
Sec. 115. Section 4SSB.311, unnumbered paragraph 1, Code
1987, is amended to read as follows:
The director, with the approval of the commission, may make
grants to cities, counties, or central planning agencies
representing cities and counties or combinations of cities,
counties, or central planning agencies from funds reserved
under and for the purposes specified in section 455flT389r
3abaeetien-4 455E.11, subsection 2, paragraph "a", subject to
all of the following conditions:
Sec. 116. Section 455B.309, Code 1987, is repealed.
PART TWO — PESTICIDES AND FERTILIZER
Sec. 201. Section 89B.4, subsection 1, Code 1987, is
amended to read as follows:
1. Except for section 89B.9, this chapter does not apply
to a person engaged in farming as defined in this section^ or
a pesticidei as defined in section 206.2, subsection 1, used,
stored, or available for sale by a eommereiai-apptieator-aa
defined-in-section-286T2r-3ab3eetion-i2T-a-eertitied
apptieator-as-defined-in-seetion-266r27-sabseetion-l?T-a
certified private applicator as defined in section 206.2,
subsection 18r£ a-eerttfied-eemmercial-appiieator-as-defined
tn-section-286T2--3ab3ection-i97-a-pestieide-deaier-as-defined
in-3eetion-286T2T-3ub3eetien-24T or to activities which are
covered under the federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. S 135 et seq-r-providedT-howeverr
that However, such persons shall comply with the requirements
of the regulations for the federal Insecticide, Fungicide, and
Rodenticide Act, 40 C.F.R. $ 170, and the requirements of and
rules adopted under chapter 206 where applicable to saeh the
persons. As used in this section, "farming" means the
cultivation of land for the production of agricultural crops,
the raising of poultry, the production of eggs, the production
of milk, the production of fruit or other horticultural crops,
grazing or the production of livestock, spraying, or
harvesting. The department of agriculture and land
stewardship shall cooperate with the division in an
investigation of an agricultural employee's complaint filed
pursuant to section 89B.9.
Sec. 202. Section 135.11, Code 1987, is amended by adding
the following new subsections:
NEW SUBSECTION. 20. Establish, publish, and enforce rules
requiring prompt reporting of methemogloblnemia, pesticide
poisoning, and the reportable poisonings and illnesses
established pursuant to section 139.35.
NEW SUBSECTION. 21. Collect and maintain reports of
pesticide poisonings and other poisonings. Illnesses, or
injuries caused by selected chemical or physical agents,
including methemoglobinemia and pesticide and fertilizer
hypersensitivity; and compile and publish, annually, a
statewide and county-by-coui\ty profile based on the reports.
Sec. 203. NEW SECTION. 139.35 REPORTABLE POISONINGS AND
ILLNESSES.
1. If the results of an examination by a public, private,
or hospital clinical laboratory of a specimen from a person in
Iowa yield evidence of or are reactive for a reportable
poisoning or a reportable illness from a toxic agent.
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House File 631. p. 23
Including methemoglobinemia, the results shall be reported to
the Iowa department of public health on forms prescribed by
the department. If the laboratory la located In Iowa, the
person In charge of the laboratory shall report the results.
If the laboratory Is not in Iowa, the health care provider
submitting the specimen shall report the results.
2. The physician or other health practitioner attending a
person Infected with a reportable poisoning or a reportable
illness from a toxic agent, including methemoglobinemia, shall
immediately report the case to the Iowa department of public
health. The Iowa department of public health shall publish
and distribute instructions concerning the method of
reporting. Reports shall be made in accordance with rules
adopted by the Iowa department of public health.
3. A person in charge of a poison control or poison
information center shall report cases of reportable poisoning,
including methemoglobinemia, about which they receive
Inquiries to the Iowa department of public health.
4. The Iowa department of public health shall adopt rules
designating reportable poisonings, including
methemoglobinemia, and illnesses which must be reported under
this section.
S. The Iowa department of public health shall establish
and maintain a central registry to collect and store data
reported pursuant to this section.
Sec. 204. Section 177.2, subsection 1, Code 19S7, is
amended to read as follows:
1. To encourage the use of good agricultural practices in
crop production, including best management practices for
applying fertilizer and pesticide, and to conserve, maintain^
and improve soil productivity.
Sec. 205. Section 200.4, Code 1987, is amended to read as
follows:
200.4 LICENSES.
House File 631. p. 24
1. Any person who manufactures, mixes, blends, or mixes to
customers order, offers for sale, sells, or distributes any
fertiliser or soil conditioner of fered-for-saler-seldr-or
distributed in Iowa must first obtain a license from the
secretary of agriculture and shall pay a ten-dollar license
fee for each plant-or place of manufacture? or distribution
from which fertilizer or soil conditioner products are sold or
distributed in Iowa. Such license fee shall be paid annually
on July 1 of each year and-the-manufacturerr-blender-ar-mixer
shall-ak-fehe-same-kimeT-ltsk-khe-name-and-address-of-each-soeh
piant-or-ploee-ot-manufaetareT-trom-whieh-sale-or-distribation
is-made.
fhis-snbaeetien-shaH-nofc-appty-fco-a-manuf'aetnrer-who
sect ien-a89T3T-9ob3ectien-5T-in-paeltaqe3-ef -twenty-five-pounds
or-lessr
2. Said licensee shall at all times produce an intimate
and uniform mixture of fertilizers or soil conditioners. When
two or more fertilizer materials are delivered in the same
load, they shall be thoroughly and uniformly mixed unless they
are in separate compartments.
Sec. 206. Section 200.8, Code 1987, is amended to read as
follows:
200.8 INSPECTION FEES.
1. There shall be paid by the licensee to the secretary
for all commercial fertilizers and soil conditioners sold, or
distributed in this state, an inspection fee to be fixed
annually by the secretary of agriculture at not more than
twenty cents per ton? — Exeept-aates. Sales for manufacturing
purposes only are hereby exempted from fees but must still be
reported showing manufacturer who purchased same. Payment of
said inspection fee by any licensee shall exercpt all other
persons, firms or corporations from the payment thereof.
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House File 631, p. 25
On individual packages of specialty fertilizer containing
twenty-five pounds or less, there shall be paid by the
manufacturer in lieu of the annoal-license-fee-and-the
semiannual inspection fee as set forth in this chapter, an
annual registration and Inspection fee of fcwenfey-fire one
hundred dollars for each brand and grade sold or distributed
in the state. In the event that any person manufacturer sells
specialty fertilizer in packages of twenty-five pounds or less
and also in packages of more than twenty-five pounds, this
annual registration and inspection fee shall apply only to
that portion sold in packages of twenty-five pounds or less,
and that portion sold in packages of more than twenty-five
pounds shall be subject to the same inspection fee as fixed by
the secretary of agriculture as provided in this chapter.
Any person other than a manufacturer who offers for sale,
sells, or distributes specialty fertilizer in packages of
twenty-five pounds or less or applies specialty fertilizer for
compensation shall be required to pay an annual inspection tee
of fifty dollars in lieu of the semiannual inspection fee as
set forth in this chapter.
2. Every licensee and any person required to pay an annual
registration and inspection fee under this chapter in this
state shall:
a. File not later than the last day of January and July of
each year, on forms furnished by secretary, a semiannual
statement setting forth the number of net tons of commercial
fertilizer or soil conditioners distributed in this state by
grade Cor each county during the preceding six months' period;
and upon filing such statement shall pay the inspection fee at
the rate stated in subsection 1 of this section. However, in
lieu of the semiannual statement by grade for each county, as
hereinabove provided for, the registrant, on individual
packages of commercial specialty fertilizer containing twenty-
five pounds or less, shall file not later than the last day of
House File 631, p. 26
July of each year, on forms furnished by the secretary, an
annual statement setting forth the number of net tons of
commercial specialty fertilizer distributed in this state by
grade during the preceding twelve-month periodT-but-no
inspection-fee-ahall-be-due-thereon.
b. If the tonnage report is not filed or the payment of
inspection fees, or both, is not made within ten days after
the last day of January and July of each year as required in
paragraph "a" of this subsection, a penalty amounting to ten
percent of the amount due, if any, shall be assessed against
the licensee. In any case, the penalty shall be no less than
fifty dollars. The amount of fees due, if any, and penalty
shall constitute a debt and become the basis of a judgment
against the licensee.
3. If there is an unencumbered balance of funds in the
fertilizer fund on June 30 of any fiscal year equal to or
exceeding three hundred fifty thousand dollars, the secretary
of agriculture shall reduce the per ton fee provided for in
subsection 1 and the annual license fee established pursuant
to section 201.3 for the next fiscal year in such amount as
will result in an ending estimated balance for the June 30 of
the next fiscal year of three hundred fifty thousand dollars.
Sec. 207. Section 200.8, Code 1987, is amended by adding
the following new subsection:
NEW SUBSECTION. 4. In addition to the fees imposed under
subsection 1, a groundwater protection fee shall be imposed
upon nitrogen-based fertilizer. The fee shall be based upon
the percentage of actual nitrogen contained in the product.
An eighty-two percent nitrogen solution shall be taxed at a
rate of seventy-five cents per ton. Other nitrogen-based
product formulations shall be taxed on the percentage of
actual nitrogen contained in the formulations with the eighty-
two percent nitrogen solution serving as the base. The fee
shall be paid by each licensee registering to sell fertilizer
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House File 631, p. 27
to the secretary of agriculture. The fees collected shall be
deposited In the agriculture management account of the
groundwater protection fund. The secretary of agriculture
shall adopt rules for the payment, filing, and collection of
groundwater protection fees ft on licensees in conjunction with.
the collection of registration and inspection fees. The
secretary shall, by rule allow an exemption to the payment of
this fee for fertilizers which contain trace amounts of
nitrogen.
Sec. 208. Section 200.9, Code 1987, .is amended to read as
follows:
200.9 FERTILIZER FUND.
Fees collected for licenses and inspection fees under
sections 200.4 and 200.8, with the exception of those fees
collected tor deposit In the agriculture management account of
the qroundwater protection fund, shall be deposited In the
treasury to the credit of the fertilizer fund to be used only
by the department for the purpose of inspection, sampling,
analysis, preparation^ and publishing of reports and other
expenses necessary for administration of this chapter. The
secretary may assign moneys to the Iowa agricultural
experiment station for research, work projects, and
investigations as may-be needed for the specific purpose of
improving the regulatory functions for enforcement of this
chapter.
Sec. 209. Section 206.2, subsection 12, Code 1987, is
amended to read as follows:
12. ?he-term-"eomi»ereiai "Coirjnercial applicator" shall
mean means any person^ or corporation, or employee of a person
or corporation who enters into a contract or an agreement for
the sake of monetary payment and agrees to perform a service
by applying any pesticide or servicing any device but shall
not include a farmer trading vor.< with another, a person
employed by a farmer not solely as a pesticide applicator who
House File 631, p. 28
applies pesticide as an Incidental part of the person's
general duties, or a person who applies pesticide as an
incidental part of a custom farming operation.
Sec. 210. Section 206.2, subsection 17, Code 1987. Is
amended to read as follows:
17. "Certified applicator* means any individual who is
certified under this chapter as authorized to use or-aapervise
the-ase-o< any pesticide whteh-is-ciaasified-fer-reattteted
use.
Sec. 211. Section 206.2, subsection 18, Code 1987, is
amended to read as follows:
18. "Certified private applicator" means a certified
applicator who uses «r-supervtses-the-«se-et any pesticide
which Is classified for restricted use for-parpoacs-ot
prodneing-any-agricoltaral-eomnedity on property owned or
rented by the applicator or the applicator's employer or, If
applied without compensation other than trading of personal
services between producers of agricultural commodities, on the
property of another person.
Sec. 212. Section 206.2, subsection 19, Code 1987, Is
amended to read as follows:
19. "Certified commercial applicator" means a pesticide
applicator or individual who applies or uses a reatrieted-ase
pesticide or device f-or-fche-pnrpeae-oS-producing-any
agriealtarai-commodttf-or on any property of another for
compensation.
Sec. 213. Section 206.2, subsection 24, Code 1987, is
amended to read as follows:
24. The term "pesticide dealer" means any person who
distributes any restricted use pesticides whiehr-by
regulafcienr-are-fesfcricted-te-applieatien-enly-by-eertified
apptteators; pesticide for use by commercial or public
pesticide applicators; or general use pesticides labeled for
agricultural or lawn and garden use with the exception of
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Rouse file 631. p. 29
House File 631, p. 30
dealers whose gross annual pesticide sales are lesa than ten
thousand dollars tor each business location owned or operated
by the dealer.
Sec. 214. Section 206.5, Code 1987, is amended to read as
follows:
206.5 CERTIFICATION REQUIREMENTS.
Ne-person-shail A commercial or public applicator shall not
apply any pesticide and a person shall not apply any
restricted use pesticide without first complying with the
certification requirements of this chapter and such other
restrictions as determined by the secretary ot-being-under-the
direet-3upervi3ion-o*-a-eeetified-applieatar.
The secretary shall adopt, by rule, requirements for the
examination, re-examination and certification of applicants
and-3eb-a-fee-o§-net-mere-fchan-ten-doiiar3-£«r-fche
eertifieation-pregrara-of-eommereiai-appiieaters-and-net-more
than-€ive-doliar3-4or-the-eeeti€ieatien-ptogram-o€-privake
applicators.
5he-3eeretary-niay-adopt-r ales-tor-the-training-of
applieators-in-eo-eperation-with-the-eo-operati»e-exten3ion
serviee-at-Jowa-Skake-Hniversity-of-seienee-and-teehnoiegyT
?he-9eeretary-3hail-not-require-applieanfc3-for
eertifieation-a3-privafce-applieator3-to-(:ake-and-pa33-a
written-testr-if-the-applicant-instead-shows-proof-that-the
applicant-has -a ttended-an-informationat-eattrse-ef -ins traction
approwed-by-the-3eeretaryT-¥he-3ecretary-3hall-pro»ide-€or
tesiporary-cerfc if icafcion-for-einergeney-purehases-of- restricted
a!e-prod«»efc3-by-reqairing-fche-p<»reha3er-to-3ign-an-a§§idavitT
ai-the-poinfc-of-purchaseT-khat-the-pnrehaser-has-read-and
order/stands-the-tn£ormation-on-the-tabei-e€-the-re3tricted-ase
prsduet-being-parehasedT
Commercial and public applicators shall choose between one-
year certification for which the applicator shall pay a
y-f ive dollar fee or three-year certification Cor which
the applicator shall pay a seventy-five dollar fee. Public
applicators who are employed by a state agency shall be exempt
from the twenty-five and seventy-five dollar certification
fees and Instead be subject to a five-dollar annual
certification fee or a fifteen dollar tee for a three-year
certification. The commercial or public applicator shall be
tested prior to certification annually, if the applicator
chooses a one-year certification or each three years if the
applicator chooses three-year certification. A private
applicator shall be tested prior to initial certification.
The test shall include, but is not limited to, the area of
sate handling of agricultural chemicals and the effects of
these chemicals on qroundwater. A person employed by a farmer
not solely as a pesticide applicator who applies restricted
use pesticides as an incidental part of the person's general
duties or a person who applies restricted use pesticides as an
incidental part of a custom farming operation is required to
meet the certification requirements of a private applicator.
The secretary may adopt rules to provide for license and
certification adjustments, including fees, which may be
necessary to provide for an equitable transition for licenses
and certifications issued prior to January 1, 1989. The rules
shall also include a provision for renewal of certification
through the administering of an approved exam, and a provision
for a thirty-day renewal grace period.
Sec. 215. Segtion 206.6, subsection 3, Code 1987, is
amended to read as follows:
3. EXAMINATION FOR COMMERCIAL APPLICATOR LICENSE. The
secretary of agriculture shall not issue a commercial
applicator license until the individual engaged in or managing
the pesticide application business and employed by the
business to apply pesticides is qualified certified by passing
an examination to demonstrate to the secretary the
individual's knowledge of how to apply pesticides under the
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House File 631, p. 31
classifications the individual has applied for, and the
individual's knowledge of the nature and effect of pesticides
the individual cay apply under such classifications. The
applica.-.t successfully completing fchis-examinafcion the
certification requirement shall be a licensed commercial
applicator.
Sec. 216. Section 206.6, subsection 4, Code 1987, is
amended to read as follows:
4. RENEWAL OF APPLICANT'S LICENSE. The secretary of
agriculture shall renew any applicant's license under the
classifications Cor which such applicant is licensed, provided
that a-pcegramt-of-training-ei all of the applicant's personnel
who apply pesticides has-been-estabiished-and-maintained-by
the-licensee are certified comaereial applicators. Sueh-a
pregraii-aay-inelttde-attending-training-sessions-siieh-as-eo-
eperattve-extensi«n-shert-eo«rses-or-4ndu3kry-trade
aaaoeifttien-trairting-seminarsT
Sec. 217. Section 206.6, subsection 6, paragraph b. Code
1967, Is amended to read as follows:
b. Public applicators for agencies listed in this
subsection shall be subject to examinations certification
cequiregents as provided for in this section?—howeverr-the
seeretary-shail-issue-a-iimited-tteense-wtthoae-a-f-ee-te-such
pBbtie-eppiieaker-wha-has-quaiifted-r:or-s«eh-tiee«se. The
public applicator license shall be valid only when such
applicator is acting as an applicator applying or—supervising
hhe-apprieation-of- pesticides used by such entities.
Government research personnel shall be exempt fron this
licensing requirement when applying pesticides only to
experimental plots. Individuals Public agencies or municipal
corporations licensed pursuant to this section shall be
licensee public applicators.
Sec. 218. Section 206.7, subsection 1, Code 1987, is
amended to read as follows:
House Pile 631, p. 32
1. REQUIREMENT FOR CERTIFICATION. No A commercial or
public applicator shall not apply any restricted-use pesticide
without first complying with the certification standards or
being-under-the-direet-supervisien-of—a-eertified-applteakor.
Sec. 219. Section 206.8, subsections 2 and 3, Code 1987,
are amended to read as follows:
2. Applieafcion-for-a-lieense-shall-be-aeeempanied-by-a
twenty-fire-dollar A pesticide dealer shall pay a minimum
annual license tee of twenty-five dollars or an annual license
fee for-the-primary-bBsiness-leeafcion-ana'-an-addtkional-five
dettar-anmfal-tieense-€ee-€or-eaeh-ofeher-4oeattan-or-oiitlefc
within-the-skater-and-shall-be-on-a-form-prescribed-by-the
seerefcary-and-shail-inciade-fche-f-ull-name-oe'-the-person
applying-for-sneh-lieense based on one-tenth of one percent of
the gross retail sales of all pesticides sold by the pesticide
dealer in the previous year. The annual license fee shall be
paid to the department of agriculture and land stewardship,
beginning July 1, 1988, and July 1 of each year thereafter. A
licensee shall pay a fee of twenty-five dollars for the period
July 1, 1987 through June 30, 1988.
The initial twenty-five dollars of each annual license fee
shall be retained by the department tor administration of the
program, and the remaining moneys collected shall be deposited
in the agriculture management account of the groundwater
protection fund.
3. Provisions of this section shall not apply to a
pesticide applicator who sells pesticides as an integral part
of the applicator's pesticide application service, or any
federal, state, county/ or municipal agency which provides
pesticides only for its own programs.
Sec. 220. Section 206.8, Code 1987, is amended by adding
the following new subsection:
HEW SUBSECTION. 4. Application for a license required for
manufacturers and distributors who are not engaged in the
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House Pile 631, p. 33
retail sale of pesticides shall be accompanied by a twenty-
five dollar fee for each business location within the state
required to be licensed, and shall be on a form prescribed by
the secretary.
Sec. 221. Section 206.9, Code 1987, is amended to read as
follows:
206.9 CO-OPERATIVE AGREEMENTS.
The secretary nay co-operate, receive grants-in-aid and
enter into agreements with any agency of the federal
government, of this state or its subdivisions, or with any
agency of another state, or trade associations to obtain
assistance in the implementation of this chapter and to do all
of the following;
1. Secure uniformity of regulations;^
2. Co-operate in the enforcement of the federal pesticide
control laws through the use of state or federal personnel and
facilities and to implement co-operative enforcement
programs;--
3r—Be»elop-and-administer-stafce-prograas-£or-training-and
certif ieation-ef-certified-applieafcers-eonsiatent-with-federai
standardsr
4?—6entract-for-feraining-with-other-ageneies-ineluding
federai-ageneiea-fer-the-porpose-of-training-certified
appttcatersr
5 3. Contract for monitoring pesticides Cor the national
planr^
6 4. Prepare and submit state plans to meet federal
certification standardsr-andr^
? 5. Regulate certified applicators.
6. Develop, in conjunction with the Iowa cooperative
extension service in agriculture and home economics, courses
available to the public regarding pesticide best management
practices.
Rouse Pile 631, p. 34
Sec. 222. Section 206.12, subsection 3, Code 1987, is
amended to read as follows:
3. The registrant, before selling or offering for sale any
pesticide in this state, shall register each brand and grade
of such pesticide with the secretary upon forms furnished by
the secretary, andT-'o'-fche-parpese-oJ-defraying-expenses
eonneeted-*ith-the-enforeement-o<-thia-ehapterT the secretary
shall set the registration fee annually at no-mere-than-twenty
one-fifth of one percent of gross sales within this state with
a minimum fee of two hundred fifty dollars and a maximum fee
of three thousand dollars for each and every brand and grade
to be offered for sale in this state. The secretary shall
adopt by rule exemptions to the minimum fee. She-fees Pitty
dollars of each fee collected shall be deposited in the
treasury to the credit of the pesticide fund to be used only
for the purpose of enforcing the provisions of this chapter
and the remainder of each fee collected shall be placed in the
agriculture management account of the qroundwater protection
fund.
Sec. 223. Section 206.12, Code 1987, is amended by adding
the following new subsection:
NEW SUBSECTION. 7. Each licensee under section 206.6 or
206.8 shall file an annual report with the secretary of
agriculture listing the amount and type of all pesticides
sold, offered for sale, or distributed at retail for use in
this state, or applied in this state during each month of the
previous year. This report shall be filed at the time of
payment for licensure or anngally on or before July 1. The
secretary, by rule, may -specify the form of the report and
require additional information deemed necessary to determine
pesticide use within the state. The information required
shall include the brand names and amounts of pesticides sold,
offered for sale, or distributed at retail Cor use in this
state for each business location owned or operated by the
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retailer, but the information collected, if made public, shall
be reported in a manner which does not identify a specific
brand r.ame in the report.
Sec. 224. Section 206.19, Code 1987, is amended by adding
the following new subsections:
NEW SUBSECTION. 3. Determine in cooperation with
municipalities, the proper notice to be given by a commercial
or public applicator to occupants of adjoining properties in
urban areas prior to or after the exterior application of
pesticides, establish a schedule to determine the periods of
application least harmful to living beings, and adopt rules to
Implement these provisions. Municipalities shall cooperate
with the department by reporting Infractions and in
implementing this subsection.
NEW SUBSECTION. 3A. Adopt rules providing guidelines for
public bodies to notify adjacent property occupants regarding
the application of herbicides to noxious weeds or other
undesirable vegetation within highway rights-of-way.
NEW SUBSECTION. 4. Establish civil penalties for
violations by commercial applicators.
Sec. 22S. Section 206.21, Code 1987, is amended by adding
the following new subsection:
NEW SUBSECTION. 3. The secretary of agriculture, in
cooperation with the advisory committee created pursuant to
section 206.23, shall designate areas with a history of
concerns regarding nearby pesticide applications as pesticide
management areas. The secretary shall adopt rules for
designating pesticide management areas.
Sec. 226. NEW SECTION. 206.24 AGRICULTURAL INITIATIVE.
A program of education and demonstration in the area of the
agricultural use of fertilizers and pesticides shall be
initiated by the secretary of agriculture on July 1, 1987.
The secretary shall coordinate the activities of the state
regarding this program.
House File 631, p. 36
Education and demonstration programs shall promote the
widespread adoption of management practices which protect
groundwater. The programs may Include but are not limited to
programs targeted toward the individual farm owner or
operator, high school and college students, and groundwater
users, in the areas of best management practices, current
research findings, and health impacts. Emphasis shall be
given to programs which enable these persons to demonstrate
best management practices to their peers.
Sec. 227. HEW SECTION. 206.25 PESTICIDE CONTAINERS
DISPOSAL.
The department of agriculture and land stewardship, in
cooperation with the environmental protection division of the
department of natural resources, shall develop a program for
handling used pesticide containers which reflects the state
solid waste management policy hierarchy, and shall present the
program developed to the general assembly by February 1, 1988.
Sec. 228. NEW SECTION. 263.14 CENTER FOR HEALTH EFFECTS
OP ENVIRONMENTAL CONTAMINATION.
1. The state board of regents shall establish and maintain
at Iowa City as an integral part of the State University of
Iowa the center for health effects of environmental
contamination, having as its object the determination of the
levels of environmental contamination which can be
specifically associated with human health effects.
2. a. The center shall be a cooperative effort of
representatives of the following organizations:
(1) The State University-of Iowa department of
preventative medicine and environmental health.
(2) The State University of Iowa department of pediatrics
of the college of medicine.
(3) The state hygienic laboratory.
(4) The institute of agricultural medicine.
(5) The Iowa cancer center.
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House File 631, p. 38
(6) The department of civil and environmental engineering.
(7) Appropriate clinical and basic science departments.
(8) The college of law.
(9) The college of liberal arts and sciences.
(10) The Iowa department of public health.
(11) The department of natural resources.
(12) The department of agriculture and land stewardship.
b. The active participation of the national cancer
institute, the agency for toxic substances and disease
registries, the national center for disease control, the
United States environmental protection agency, and the United
States geological survey, shall also be sought and encouraged.
3. The center may:
a. Assemble all pertinent laboratory data on the presence
and concentration of contaminants in soil, air, water, and
food, and develop a data retrieval system to allow the
findings to be easily accessed by exposed populations.
b. Make use of data from the existing cancer and birth
defect statewide recording systems and develop similar
recording systems for specific organ diseases which ace
suspected to be caused by exposure to environmental toxins.
c. Develop registries of persons known to be exposed to
environmental hazards so that the health status of these
persons may be examined over time.
d. Develop highly sensitive biomedical assays which may be
used in exposed persons to determine early evidence of adverse
Health effects.
e. Perform epidemiologic studies to relate occurrence of a
disease to contaminant exposure and to ensure that other
factors known to cause the disease in question can be ruled
out.
f. Foster relationships and ensure the exchange of
information with other teaching institutions or laboratories
in the state which are concerned with the many forms of
environmental contamination.
g. Implement programs of professional education and
training of medical students, physicians, nurses, scientists,
and technicians in the causes and prevention of
environmentally induced disease.
h. Implement public education programs to inform persons
of research results and the significance of the studies.
i. Respond as requested to any branch of government for
consultation in the drafting of laws and regulations to reduce
contamination of the environment.
4. An advisory committee consisting of one representative
of each of the organizations enumerated in subsection 2,
paragraph "a", a representative of the Iowa department of
public health, and a representative of the department of
natural resources is established. The advisory committee
shall:
a. Employ, as a state employee, a full-time director to
operate the center. The director shall coordinate the efforts
of the heads of each of the major divisions of laboratory
analysis, epidemiology and biostatistics, biomedical assays,
and exposure modeling and shall also coordinate the efforts of
professional and support staff in the operation of the center.
b. Submit an annual report of the activities of the center
to the legislative council of the general assembly by January
IS of each year.
S. The center shall maintain the confidentiality of any
information obtained from existing registries and from
participants in research programs. Specific research projects
involving human subjects shall be approved by the State
University of Iowa institutional review board.
6. The center may solicit, accept, and administer moneys
appropriated to the center by a public or private agency.
Sec. 229. NEW SECTION. 266.37 SOIL TEST INTERPRETATION.
The Iowa cooperative extension service in agriculture and
home economics shall develop and publish material on the
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interpretation of the results of soil tests. The material
shall also feature the danger to groundwater quality from the
overuse of fertilizers and pesticides. The material shall be
available from the service at cost and any person providing
soil tests for agricultural or horticultural purposes shall
provide the material to the customer with the soil test
results.
Sec. 230. MEW SECTION. 266.38 LEOPOLD CENTER FOR
SUSTAINABLE AGRICULTURE.
1. For the purposes of this section,, "sustainable
agriculture* means the appropriate use of crop and livestock
systems and agricultural Inputs supporting those activities
which maintain economic and social viability while preserving
the high productivity and quality of Iowa's land.
2. The Leopold center for sustainable agriculture is
established in the Iowa agricultural and home economics
experiment station at Iowa State University of science and
technology. The center shall conduct and sponsor research to
identify and reduce negative environmental and socio-economic
impacts of agricultural practices. The center also shall
research and assist in developing emerging alternative
practices that are consistent with a sustainable agriculture.
The center shall develop in association with the Iowa
cooperative extension service in agriculture and home
economics an educational framework to Inform the agricultural
community and the general public of its findings.
3. An advisory board is established consisting of the
following members:
a. Three persons from Iowa State University of science and
technology, appointed by its president.
b. Two persons from the State University of Iowa,
appointed by its president.
c. Two persor.s from the University of Northern Iowa,
appointed by its president.
House File 631, p. 40
d. Two representatives of private colleges and
universities within the state, to be nominated by the Iowa
association of independent colleges and universities, and
appointed by the Iowa coordinating council for post-high
school education.
e. One representative of the department of agriculture and
land stewardship, appointed by the secretary of agriculture.
f. One representative of the department of natural
resources, appointed by the director.
g. One man and one woman, actively engaged in agricultural
production/ appointed by the state soil conservation
committee.
The terms of the members shall begin and end as provided in
section 69.19 and any vacancy shall be filled by the original
appointing authority. The terms shall be for four years and
shall be staggered as determined by the president of Iowa
State University of science and technology.
4. The Iowa agricultural and home economics experiment
station shall employ a director for the center, who shall be
appointed by the president of Iowa State University of science
and technology. The director of the center shall employ the
necessary research and support staff. The director and staff
shall be employees of Iowa State University of science and
technology. No more than five hundred thousand dollars of the
funds received from the agriculture management account
annually shall be expended by the center for the salaries and
benefits of the employees of the center, including the salary
and benefits of the director. The remainder of the funds
received from the agriculture management account shall be used
to sponsor research grants and projects on a competitive basis
from Iowa colleges and universities and private nonprofit
agencies and foundations. The center may also solicit
additional grants and funding from public and private
nonprofit agencies and foundations.
The director shall prepare an annual report.
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House File 631, p. 41
House Pile 631, p. 42
5. The board shall provide the president of Iowa State
University of science and technology with a list of three
candidates frora which the director shall be selected. The
board shall provide an additional list of three candidates if
requested by the president. The board shall advise the
director in the development of a budget, on the policies and
procedures of the center, in the funding of research grant
proposals, and regarding program planning and review.
Sec. 231. NEW SECTION. 317.26 ALTERNATIVE REMEDIATION
PRACTICES.
The director of the department of natural resources, in
cooperation with the secretary of agriculture and county
conservation boards or the board of supervisors, shall develop
and implement projects which utilize alternative practices in
the remediation of noxious weeds and other vegetation within
highway rights-of-way.
Sec. 232. Section 467E.1, subsection 2, Code 1987, is
amended to read as follows:
2. An agricultural energy management advisory council is
established which shall consist of the secretary of
agriculture and the chief administrator of each of the
following organizations or the administrator's designee:
a. The energy and geological resources division of the
department of natural resources.
b. The environmental protection division of the department
of natural resources.
c. Iowa state university of science and technology college
of agriculture.
d. Iowa state university of science and technology college
of engineering.
e. Iowa state vater resource research institute.
f. State university of Iowa department of preventative
medicine and environmental health.
g. Division of soil conservation of the department of
agriculture and land stewardship.
h. Iowa cooperative extension service in agriculture and
home economics.
i. The university of northern Iowa.
j. The state hygienic laboratory.
The secretary of agriculture shall coordinate the
appointment process for compliance with section 69.16A.
The secretary of agriculture shall be the chairperson of
the council. The presiding officers of the senate and house
shall each appoint two nonvoting members, not more than one of
any one political party, to serve on the advisory council for
a term of two years. The council may invite the
administrators of the United States geological survey and the
federal environmental protection agency to each appoint a
person to meet with the council in an advisory capacity. The
council shall meet quarterly or upon the call of the
chairperson. The council shall review possible uses of the
funds fund and the effectiveness of current and past
expenditures of the fund. The council shall make
recommendations to the department of agriculture and land
stewardship on the uses of the fund.
Sec. 233. PESTICIDE DEALER EXEMPTION. The secretary may
adopt rules to provide for license and certification fee
adjustments that may be necessary to provide an equitable
transition from fees required prior to July 1, 1988.
Sec. 234. APPROPRIATION. For the fiscal year beginning
July 1, 1987, and ending June 30, 1988, the increased fee
revenues resulting to trte fertilizer fund and to the pesticide
fund from the increases in fees and expansion of coverage of
fee requirements provided in this Act are appropriated to the
department of agriculture and land stewardship for the
administration and implementation of chapters 200 and 206, as
amended by this Act.
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PART THREE — HELLS, SINKHOLES, WATERSHEDS,
AND WETLANDS
Sec. 301. NEW SECTION. 108.11 AGRICULTURAL DRAINAGE
HELLS ~ WETLANDS — CONSERVATION EASEMENTS.
The department shall develop and implement a program for
the acquisition of wetlands and conservation easements on and
around wetlands that result from the closure or change in use
of agricultural drainage wells upon implementation of the
programs specified in section 159.29 to eliminate groundwater
contamination caused by the use of agricultural drainage
wells. The program shall be coordinated with the department
of agriculture and land stewardship. The department may use
moneys appropriated for this purpose fron the agriculture
management account of the groundwater protection fund in
addition to other moneys available for wetland acquisition,
protection, development, and management.
Sec. 302. NEW SECTION. 159.28 SINKHOLES — CONSERVATION
EASEMENT PROGRAMS.
The department shall develop and Implement a program for
the prevention of groundwater contamination through sinkholes.
The program shall provide for education of landowners and
encourage responsible chemical and land management practices
in areas of the state prone to the formation of sinkholes.
The program may provide financial incentives for land
management practices and the acquisition of conservation
easements around sinkholes. The program may also provide
financial assistance foe the cleanup of wastes dumped into
sinkholes.
The program shall be coordinated with the groundwater
protection programs of the department of natural resources and
other local, state, or federal government agencies which could
compensate landowners Cor resource protection measures. The
department shall use moneys appropriated "or this purpose from
-he agriculture management account of the groundwater
protection fund.
House Pile 631, p. 44
Sec. 303. NEW SECTION. 159.29 AGRICULTURAL DRAINAGE
HELLS.
1. An owner of an agricultural drainage well shall
register the well with the department of natural resources by
January 1, 1988.
2. An owner of an agriculture drainage well and a
landholder whose land is drained by the well or wells of
another person shall develop, in consultation with the
department of agriculture and land stewardship and the
department of natural resources, a plan which proposes
alternatives to the use of agricultural drainage wells by July
1, 1991.
a. Financial incentive moneys may be allocated from the
financial incentive portion of the agriculture management
account of the groundwater protection fund to implement
alternatives to agricultural drainage wells.
b. An owner of an agricultural drainage well and a
landholder whose land is drained by the well or wells of
another person shall not be eligible for financial incentive
moneys pursuant to paragraph "a" if the owner falls to
register the well with the department of natural resources by
January 1, 1988 or if the owner fails to develop a plan for
alternatives in cooperation with the department of agriculture
and land stewardship and the department of natural resources.
3. The department shall:
a. On July 1, 1987 initiate a pilot demonstration and
research project concerning elimination of groundwater
contamination attributed to the use of agricultural chemicals
and agricultural drainage wells. The project shall be
established in a location in North Central Iowa determined by
the department to be the most appropriate. A demonstration
project shall also be established in Northeast Iowa to study
techniques for the cleanup of sinkholes.
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House File 631, p. 45
House File 631, p. 46
The agricultural drainage well pilot project shall be
designed to identify the environmental, economic, and social
problems presented by continued use or closure of agricultural
drainage wells and to monitor possible contamination caused by
agriculture lard management practices and agricultural
chemical use relative to agricultural drainage wells.
b. Develop alternative management practices based upon the
findings from the demonstration projects to reduce the
infiltration of synthetic organic compounds into the
groundwater through agricultural drainage wells and sinkholes.
c. Examine alternatives and the costs of implementation of
alternatives to the use of agricultural drainage wells, and
examine the legal, technical, and hydrological constraints for
integrating alternative drainage systems into existing
drainage districts.
4. Financial incentive moneys expended through the use of
the financial incentive portion of the agriculture management
account may be provided by the department to landowners in the
project areas for employing reduced chemical farming practices
and land management techniques.
5. The secretary may appoint interagency committees and
groups as needed to coordinate the involvement of agencies
participating in department sponsored projects. The
interagency coiaittees and groups may accept grants and funds
from public and private organizations.
6. The department shall publish a report on the status and
findings of the pilot demonstration projects on or before July
1, 1989, and each subsequent year of the projects. The
department of agriculture and land stewardship shall develop a
priority system for the elimination of chemical contamination
from agricultural drainage wells and sinkholes. The priority
system shall ir.corporate available information regarding the
significance of contamination, the number of registered wells
in the area, ar.d the information derived from the reoort
prepared pursuant to this subsection. The highest priority
shall be given to agricultural drainage wells for which the
above criteria are best met, and the costs of necessary action
are at the minimum level.
7. Beginning July 1, 1990, the department shall initiate
an ongoing program to meet the goal of eliminating chemical
contamination caused by the use of agricultural drainage wells
by January 1, 1995 based upon the findings of the report
published pursuant to subsection 6.
8. Notwithstanding the prohibitions of section 4558.267,
subsection 4, an owner of an agricultural drainage well may
make emergency repairs necessitated by damage to the drainage
well to minimize surface runoff into the agricultural drainage
well, upon the approval of the county board of supervisors or
the board's designee of the county in which the agricultural
drainage well is located. The approval shall be based upon
the following conditions:
a. The well has been registered in accordance with both
state and federal law.
b. The applicant will institute management practices
including alternative crops, reduced application of chemicals,
or other actions which will reduce the level of chemical
contamination of the water which drains into the well.
c. The owner submits a written statement that approved
emergency repairs are necessary and do not constitute a basis
to avoid the eventual closure of the well if closure is later
determined to be required. If a county board of supervisors
or the board's designee approves the emergency repair of an
agricultural drainage well, the county board of supervisors or
the board's designee shall notify the department of the
approval within thirty days of the approval.
Sec. 304. Section 455B.187, Code 1987, is amended by
adding the following new unnumbered paragraphs:
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NEW UNNUMBERED PARAGRAPH. A landowner or the landowner's
agent shall not drill Cor or construct a new water well
without first obtaining a permit for this activity from the
department. The department shall not issue a permit to any
person for this activity unless the person first registers
with the department all wells. Including abandoned wells, on
the property. The department may delegate the authority to
Issue a permit to a county board of supervisors or the board's
deslgnee. In the event of such delegation, the department
shall retain concurrent authority. The commission shall adopt
rules pursuant to chapter 17A to Implement this paragraph.
HEM UNNUMBERED PARAGRAPH. Notwithstanding the provisions
of this section, a county board of supervisors or the board's
designee may grant an exemption from the permit requirements
to a landowner or the landowner's agent if an emergency
drilling is necessary to meet an immediate need for water.
The exemption shall be effective immediately upon approval of
the county board of supervisors or the board's deslgnee. The
board of supervisors or the board's designee shall notify the
director within thirty days of the granting of an exemption.
NEW ONNUHBEREP PARAGRAPH. In the case of property owned by
a state agency, a person shall not drill for or construct a
new water well without first registering with the department
the existence of any abandoned wells on the property. The
department shall develop a prioritized closure program and
time frame for the completion of the program, and shall adopt
rules to implement the program.
Sec. 305. NEW SECTION. 455B.190 ABANDONED HELLS PROPERLX
PLUGGED.
All abandoned wells, as defined in section 455B.171, shall
be properly plugged in accordance with the schedule
established by the department. The department shall develop a
prioritized closure program and a time frame for the
completion of the program and shall adopt rules to implement
House File 631, p. 48
the program. A person who fails to properly plug an abandoned
well on property the person owns, in accordance with the
program established by the department, is subject to a civil
penalty of up to one hundred dollars per day that the well
remains unplugged or improperly plugged. The moneys collected
shall be deposited in the financial incentive portion of the
agriculture management account. The department of agriculture
and land stewardship may provide by rule for financial
incentive moneys, through expenditure of the moneys allocated
to the financial-incentive-program portion of the agriculture
management account, to reduce a person's cost in properly
plugging wells abandoned prior to July 1, 1987.
Sec. 306. Section 465.22, Code 1987, is amended to read as
follows:
465.22 DRAINAGE IN COURSE OP NATURAL DRAINAGE —
RECONSTRUCTION — DAMAGES.
Owners of land may drain the same land in the general
course of natural drainage by constructing or reconstructing
open or covered drains, discharging the same drains in any
natural watercourse or depression whereby so the water will be
carried into some other natural watercourse, and when-such i_f
the drainage is wholly upon the owner's land the owner shall
is not be liable in damages thereforr-nor-ahatl-any-such for
the drainage unless it increases the quantity of water or
changes the manner of discharge on the land of another. An
owner in constructing a replacement drain, wholly on the
owner's awn land, and in the exercise of due care be, is not
liable in damages to another tn-eaae ijf a previously
constructed drain on the owner's own land is rendered
inoperative or less efficient by such the new drain, unless in
violation of the terms of a written contract. Nething-in-thia
This section shail-in-any-manner-be-eanstrued-fce does not
affect the rights or liabilities of proprietors in respect to
running streams.
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Sec. 307. NEW SECTION. 558.69 EXISTENCE AND LOCATION OF
HELLS, DISPOSAL SITES, UNDERGROUND STORAGE TANKS, AND
HAZARDOUS WASTE.
With each declaration of value submitted to the county
recorder under chapter 428A, there shall also be submitted a
statement that no known wells are situated on the property, or
if known wells are situated on the property, the statement
oust state the approximate location of each known well and its
status with respect to section 159.29 or 4S5B.190. The
statement shall also state that no disposal site for solid
waste, as defined in section 455B.301, which has been deemed
to be potentially hazardous by the department of natural
resources, exists on the property, or if such a disposal site
does exist, the location of the site on the property. The
statement shall additionally state that no underground storage
tank, as defined in section 455B.471, subsection 6, exists on
the property, or if an underground storage tank does exist,
the type and size of the tank, and the substance in the tank.
The statement shall also state that no hazardous waste as
defined in section 455B.411, subsection 4, or listed by the
department pursuant to section 455B.412, subsection 2, or
section 455B.464, exists on the property, or if hazardous
waste does exist, that the waste is being managed in
accordance with rules adopted by the department of natural
resources. The statement shall be signed by the grantors or
the transferors of the property. The county recorder shall
refuse to record any deed, instrument, or writing for which a
declaration of value is requited under chapter 428A unless the
statement required by this section has been submitted to the
county recorder.
If a declaration of value is not required, the above
information shall be submitted on a separate form. The
director of the department of natural resources shall
prescribe the form of the statement and the separate form to
be supplied by each county recorder in the state. The county
recorder shall transmit the statements to the department of
natural resources at times directed by the director of the
department.
PART FOUR — SOLID HASTE MANAGEMENT AND LANDFILLS
Sec. 401. Section 18.3, Code 1987, is amended by adding
the following new subsection:
NEW SUBSECTION. 9. Administering the provisions of
section 18.18.
Sec. 402. Section 28F.1, unnumbered paragraph 1, Code
1987, is amended to read as follows:
This chapter provides a means for the joint financing by
public agencies of works or facilities useful and necessary
for the collection, treatment, purification, and disposal in a
sanitary manner of liquid and solid waste, sewage, and
industrial waste, facilities used for the conversion of solid
waste to energy, and also electric power facilities
constructed within the state of Iowa except that hydroelectric
power facilities may also be located in the waters and on the
dams of or on land adjacent to either side of the Mississippi
or Missouri river bordering the state of Iowa, water supply
systems, swimming pools or golf courses. This chapter applies
to the acquisition, construction, reconstruction, ownership,
operation, repair, extension, or improvement of such works or
facilities, by a separate administrative or legal entity
created pursuant to chapter 28E. When the legal entity
created under this chapter is comprised solely of cities,
counties, and sanitary districts established under chapter
358, or any combination thereof or any combination of the
foregoing with other public agencies, the entity shall be both
a corporation and a political subdivision with the name under
which it was organized. The legal entity may sue and be sued,
contract, acquire and hold real and personal property
necessary for corporate purposes, adopt a corporate seal and
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alter the seal at pleasure, and execute all the powers
conferred in this chapter.
Sec. 403. HEW SECTION. 268.4 SMALL BUSINESS ASSISTANCE
CENTER FOR THE SAFE AND ECONOMIC MANAGEMENT OF SOLID HASTE AND
HAZARDOUS SUBSTANCES.
1. The snail business assistance center for the safe and
economic management oC solid waste and hazardous substances is
established at the University of Northern Iowa. The
University ot Northern Iowa, in cooperation with the
department of natural resources, shall develop and Implement a
program which provides the following:
a. Information regarding the safe use and economic
management of solid waste and hazardous substances to small
businesses which generate the substances.
b. Dissemination of information to public and private
agencies regarding state and federal solid waste and hazardous
substances regulations, and assistance in achieving compliance
with the regulations.
c. Advice and consultation in the proper storage,
handling, treatment, reuse, recycling, and disposal methods of
solid waste and hazardous substances.
d. Identification of the advantages of proper substance
management relative to liability and operational costs of a
particular small business.
e. Assistance in the providing of capital formation in
order to comply with state and federal regulations.
2. a. An advisory committee to the center is established,
consisting of a representative of each of the following
organizations:
(1) The Iowa department of economic development.
(2) The small business development commission.
(3) The University of Northern Iowa.
(4) The State University of Iowa.
(5) Iowa State University of science and technology.
House File 631. p. 52
(6) The department of natural resources.
b. The active participation of representatives of small
businesses in the state shall also be sought and encouraged.
3. Information obtained or compiled by the center shall be
disseminated directly to the Iowa department of economic
development, the small business development centers, and other
public and private agencies with Interest in the safe and
economic management of solid waste and hazardous substances.
4. The center may solicit, accept, and administer moneys
appropriated to the center by a public or private agency.
Sec. 404. Section 455B.301, Code 1987, is amended by
adding the following new subsections:
NEW SUBSECTION. 7. "Closure" means actions that will
prevent, mitigate, or minimize the threat to public health and
the environment posed by a closed sanitary landfill,
including, but not limited to, application of final cover,
grading and seeding of final cover, installation of an
adequate monitoring system, and construction of ground and
surface water diversion structures, if necessary.
NEW SUBSECTION. 8. "Closure plan" means the plan which
specifies the methods and schedule by which an operator will
complete or cease disposal operations of a sanitary disposal
project, prepare the area for long-term care, and make the
area suitable for other uses.
NEW SUBSECTION. 9. "Lifetime of the project" means the
projected period of years that a landfill will receive waste,
from the time of opening until closure, Msed on the volume of
waste to be received projected at the time of submittal of the
initial project plan and the calculated refuse capacity of the
landfill based upon the design of the project.
NEW SUBSECTION. 10. "Financial assurance instrument-
means an instrument submitted by an applicant to ensure the
operator's financial capability to provide reasonable and
necessary response during the lifetime of the project and for
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House Pile 631, p. 54
the thirty years following closure, and to provide foe the
closure of the facility and postclosure care required by rules
adopted by the commission in the event that the operator fails
to correctly perform closure and postclosure care
requirements. The form may include the establishment of a
secured trust fund, use of a cash or surety bond, or the
obtaining of an irrevocable letter of credit.
NEW SUBSECTION. 11. "Postclosure" and "postclosure care"
mean the time and actions taken for the care, maintenance, and
monitoring of a sfinitary disposal project after closure that
will prevent, mitigate, or minimize the threat to public
health, safety, and welfare and the threat to the environment
posed by the closed facility.
NEW SUBSECTION. 12. "Postclosure plan" means the plan
which specifies the methods and schedule by which the operator
will perform the necessary monitoring and care for the area
after closure of a sanitary disposal project.
NEW SUBSECTION. 13. "Manufacturer" means a person who by
labor, art, or skill transforms raw material into a finished
product or article of trade.
NEW SUBSECTION. 14. "Leachate" means fluid that has
percolated through solid waste and which contains contaminants
consisting of dissolved or suspended materials, chemicals, or
raicrobial waste products from the solid waste.
NEW SUBSECTION. 15. "Actual cost" means the operational,
remedial and emergency action, closure, postclosure, and
monitoring costs of a sanitary disposal project for the
lifetime of the project.
Sec. 405. NEW SECTION. 455B.301A DECLARATION OF POLICY.
1. The protection of the health, safety, and welfare of
lowans and the protection of the environment require the safe
and sanitary disposal of solid wastes. An effective and
efficient solid waste disposal program, protects the
environment and the public, and provides the most practical
and beneficial use of the material and energy values of solid
waste. While recognizing the continuing necessity for the
existence of landfills, alternative methods of managing solid
waste and a reduction in the reliance upon land disposal of
solid waste are encouraged. In the promotion of these goals,
the following waste management hierarchy in descending order
of preference, is established as the solid waste management
policy of the state:
a. Volume reduction at the source.
Recycling and reuse.
Combustion with energy recovery and refuse-derived
b
c
fuel
d
e
2
Combustion for volume reduction.
Disposal in sanitary landfills.
In the implementation of the solid waste management
policy, the state shall:
a. Establish and maintain a cooperative state and local
program of project planning, and technical and financial
assistance to encourage comprehensive solid waste management.
b. Utilize the capabilities of private enterprise as well
as the services of public agencies to accomplish the desired
objectives of an effective solid waste management program.
Sec. 406. Section 455B.304, unnumbered paragraph 3, Code
1987, is amended to read as follows:
The commission shall adopt rules prohibiting the disposal
of uncontained liquid waste in a sanitary landfill. The rules
shall prohibit land burial or disposal by land application of
wet sewer sludge at a sanitary landfill.
Sec. 407. Section 455B.304, unnumbered paragraph 6, Code
1987, is amended to read as follows:
The commission shall, by rule, require continued monitoring
of groundwater pursuant to this section for a period of twenty
thirty years after the sanitary disposal project is closed.
The commission may prescribe a lesser period of monitoring
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House file 631, p. 55
duration and frequency in consideration of the potential or
lack thereof for groundwater contamination from the sanitary
disposal project. The commission may extend the twenty-year
thirty-year monitoring period on a site-specific basis by
adopting rules specifically addressing additional monitoring
requirements for each sanitary disposal project for which the
monitoring period is to be extended.
Sec. 408. Section 4S5B.304, Code 1987, is amended by
adding the following new unnumbered paragraphs:
NEW UNNUMBERED PARAGRAPH. The commission shall adopt rules
which establish closure, postclosure, leachate control and
treatment, and financial assurance standards and requirements
and which establish minimum levels of financial responsibility
Cor sanitary disposal projects.
NEW UNNUMBERED PARAGRAPH. The commission shall adopt rules
which establish the minimum distance between tiling lines and
a sanitary landfill in order to assure no adverse effect on
the groundwater.
HEW UNNUMBERED PARAGRAPH. The commission shall adopt rules
for the distribution of grants to cities, counties, central
planning agencies, and public or private agencies working in
cooperation with cities or counties/ for the purpose of solid
waste management. The rules shall base the awarding of grants
on a project's reflection of the solid waste management policy
and hierarchy established in section 455B.301A, the proposed
amount of local matching funds, and community need.
NEW UNNUMBERED PARAGRAPH. By July 1, 1990, a sanitary
landfill disposal project operating with a permit shall have a
trained, tested, and certified operator. A certification
program shall be devised or approved by rule of the depart-
ment.
Sec. 409. Section 4558.305, subsection 5, Code 1987, is
amended by adding the following new unnumbered paragraph:
House Pile 631, p. 56
NEW UNNUMBERED PARAGRAPH. After July 1, 1997, however, no
new landfill permits shall be issued unless the applicant
certifies that the landfill is needed as a part of an
alternative disposal method, or unless the applicant provides
documentation which satisfies the director that alternatives
have been studied and are not either technically or
economically feasible. The decision of the director is
subject to review by the commission at its next meeting.
Sec. 410. Section 4SSB.305, Code 1987, is amended by
adding the following new subsection:
NEW SUBSECTION. 6. Beginning July 1, 1992, the director
shall not issue, renew, or reissue a permit for a sanitary
landfill unless the sanitary landfill is equipped with a
leachate control system. The director may exempt a permit
applicant from this requirement if the director determines
»
that certain conditions regarding, but not limited to, exist-
ing physical conditions, topography, soil, geology, and
climate, are such that a leachate control system is
unnecessary.
Sec. 411. Section 4558.306, subsection 1, Code 1987, is
amended to read as follows:
1. A city, county^ and a private agency operating or
planning to operate a sanitary disposal project shall file
with the director a comprehensive plan detailing the method by
which the city, countyi or private agency will comply with
this part 1. The director shall review each comprehensive
plan submitted and may reject, suggest modification, or
approve the proposed plan. The director shall aid in the
development of comprehensive plans for compliance with this
part. The director shall make available to a city, county^
and private agency appropriate forms for the submission of
comprehensive plans and may hold hearings for the purpose of
implementing this part. The director and governmental
agencies with primary responsibility for the development and
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House File 631, p. 57
House File 631, p. 58
conservation of energy resources shall provide research and
assistance, when cities and counties operating or planning to
operate sanitary disposal projects request aid in planning and
Implementing resource recovery systems. A comprehensive plan
filed by a private agency operating or planning to operate a
sanitary disposal project required pursuant to section
455B.302 shall be developed in cooperation and consultation
with the city or county responsible to provide for the
establishment and operation of a sanitary disposal project.
Sec. 412. Section 455B.306, subsection 2, Code 1987, is
amended to read as follows:
2. The plan required by subsection 1 shall be filed with
the department at the time of initial application for the
construction and operation of a sanitary landfill disposal
project and shall be updated and refiled with the department
at the time of each subsequent application for renewal or
reissuance of a previously issued permit.
Sec. 413. Section 455B.306, subsection 3, Code 1987, is
amended to read as follows:
3. A comprehensive plan filed pursuant to this section in
conjunction with an application for issuance, renewal, or
reissuance of a permit for a sanitary disposal project shall
incorporate and reflect the waste management hierarchy of the
state solid waste management policy and shall at a minimum
address the following general topics to the extent appropriate
to the technology employed by the applicant at the sanitary
disposal project;
a. The exten: to which solid waste is or can be recycled.
b. The economic and technical feasibility of using other
existing sanitary disposal project facilities in lieu of
initiating or continuing the sanitary landfill for which the
permit is being sought.
c. The expected environmental impact of alternative solid
waste disposal r.echods, including the use of sanitary
landfills.
d. A specific plan and schedule for implementing
technically and economically feasible solid waste disposal
methods that will result in minimal environmental impact.
4. In addition to the above requirements, the following
specific areas must be addressed in detail in the
comprehensive plan;
a. A closure and postelosure plan detailing the schedule
for and the methods by which the operator will meet the
conditions for proper closure and postclosure adopted by rule
by the commission. The plan shall include, but is not limited
to, the proposed frequency and types of actions to be
implemented prior to and following closure of an operation,
the proposed postclosure actions to be taken to return the
area to a condition suitable for other uses, and an estimate
of the costs of closure and postclosure and the proposed
method of meeting these costs. The postclosure plan shall
reflect the thirty-year time period requirement for
postclosure responsibility.
b. A plan for the control and treatment of leachate,
including financial considerations proposed in meeting the
costs of control and treatment in order to meet the
requirements of section 4S5B.30S, subsection 6.
c. A financial plan detailing the actual cost of the
sanitary disposal project and including the funding sources of
the project, in addition to the submittal of the financial
plan filed pursuant to this subsection, the operator of an
existing sanitary landfill shall submit an annual financial
statement to the department. .
d. An emergency response and remedial action plan
including established provisions to minimize the possibility
of fire, explosion, or any release to air, land, or water of
pollutants that could threaten human health and the
environment, and the identification of possible occurrences
that may endanger human health and environment.
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Sec. 414. Section 45SB.306, Code 1987, is amended by
adding the following new subsection:
NEW SUBSECTION. 4. In addition to the comprehensive plan
filed pursuant to subsection 1, a person operating or
proposing to operate a sanitary disposal project shall provide
a financial assurance instrument to the department prior to
the initial approval of a permit or prior to the renewal of a
permit for an existing or expanding facility beginning July 1,
1988.
a. The financial assurance instrument shall meet all
requirements adopted by rule by the commission/ and shall not
be canceled, revoked, disbursed, released, or allowed to
terminate without the approval of the department. Following
the cessation of operation or closure of a sanitary disposal
project, neither the guarantor nor the operator shall cancel,
revoke, or disburse the financial assurance instrument or
allow the instrument to terminate until the operator is
released from closure, postclosure, and monitoring
responsibilities.
b. The operator shall maintain closure, and postclosure
accounts. The commission shall adopt by rule the amounts to
be contributed to the accounts based upon the amount of solid
waste received by the facility. The accounts established
shall be specific to the facility.
(1) Honey in the accounts shall not be assigned for the
benefit of creditors with the exception of the state.
(2) Money in an account shall not be used to pay any final
judgment against a licensee arising out of the ownership or
operation of the site during its active life or after closure.
(3) Conditions under which the department may gain access
to the accounts and circumstances under which the accounts may
be released to the operator after closure and postclosure
responsibilities have been met, shall be established by the
commission.
House File 631, p. 60
c. The commission shall adopt by rule the minimum amounts
of financial responsibility for sanitary disposal projects.
d. Financial assurance instruments may include instruments
such as cash or surety bond, a letter of credit, a secured
trust fund, or a corporate guarantee.
e. The annual financial statement submitted to the
department pursuant to section 4SSB.306, subsection 3,
paragraph "d", shall include the current amounts established
in each of the accounts and the projected amounts to be
deposited in the accounts in the following year.
Sec. 415. Section 455B.307, Code 1987, is amended to read
as follows:
45SB.307 DUMPING —- WHERE PROHIBITED.
1. It-shnll-be-anlawfal-for-any A private agency or public
agency to shall not dump or deposit or permit the dumping or
depositing of any solid waste resulting from its own
residential, farming, manufacturing, mining, or commercial
activities at any place other than a sanitary disposal project
approved by the director unless the agency has been granted a
permit by the department which allows the dumping or
depositing of solid waste on land owned or leased by the
agency. The department shall adopt rules regarding the
permitting of this activity which shall provide that the
public interest is best served, but which may be based upon
criteria less stringent than those regulating a public
sanitary disposal project provided that the rules adopted meet
the groundwater nondegradation goal specified in section
455E.4. The comprehensive plans for these facilities way be
varied in consideration of the types of sanitary disposal
practices, hydroloqic and geologic conditions, construction
and operations characteristics, and volumes and types of waste
handled at the disposal site. This-sectten-ahail-not-prehibtt
a-private-ageney-or-pubite-ageacjr-f rem-damping-or-depositing
setid-wasfee-resulting-from-its-own-residentialr-farming?
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House File 631, p. 61
manufaetijrina,7-i«ining,-or-eommereiat-aetivtties-on-iand-owned
or-ieased-by-it-if-the-aetian-does-not-»iolate-any-statoee-o*
this-state-or-raiea-premalga ted-by-the-eenatsaien-or-leeal
boards-oS-healkhT-or-loeal-erdinaneesT The director may issue
temporary permits for dumping or disposal of solid waste at
disposal sites Cor which an application for a permit to
operate a sanitary disposal project has been made and which
have not met all of the requirements of part 1 of this
division and the rules adopted by the commission if a
compliance schedule has been submitted by the applicant
specifying how and when the applicant will meet the
requirements for an operational sanitary disposal project and
the director determines the public interest will be best
served by granting such temporary permit.
2 7. The director may issue any order necessary to secure
compliance with or prevent a violation of the provisions of
this part 1 of division IV or the rules promulgated adopted
pursuant thereto to the part. The attorney general shall, on
request of the department, institute any legal proceedings
necessary in obtaining compliance with an order of the
commission or the director or prosecuting any person for a
violation of the provisions of said the part or rules issued
pursuant thereto to the part.
3 8. Any person who violates any provision of part 1 of
this division or any rule or any order promulgated adopted or
the conditions of any permit or order issued pursuant to part
1 of this division shall be subject to a civil penalty. The
amount of the civil penalty shall be based upon the toxicity
and severity of the solid waste as determined by rule, but not
to exceed five hundred dollars for each day of such violation.
Sec. 416. Section 455B.310, subsection 2, Code 1987, is
amended to read as follows:
2. The tonnage fee is twenty-Sive-certa one dollar and
fifty cents per ton of solid waste for :he year beginning July
House File 631, p. 62
1, 1988 and shall increase annually in the amount of fifty
cents per ton through July 1, 1992. The city or county
providing for the establishment and operation of the sanitary
landfill may charge an additional tonnage fee for the disposal
of solid waste at the sanitary landfill/ to be used
exclusively for the development and implementation of
alternatives to sanitary landfills.
Sec. 417. Section 455B.310, subsections 4 and 5, Code
1987, are amended to read as follows:
4. All tonnage fees received by the department under this
section shall be paid-to-a-groondwater-fand-created-ander
seetian-455BT389 deposited in the solid waste account of the
groundwater protection fund created under section 455E.11.
5. Fees imposed by this section beginning July 1, 1988
shall be paid to the department on an-annnal a quarterly
basis. Pee3-are-due-en-April-i5-for—the-previeus-ealendar
year The initial payment of fees collected beginning July I,
1988 shall be paid to the department on January 1, 1989 and on
a quarterly basis thereafter. The payment shall be
accompanied by a return in the form prescribed by the
department.
Sec. 418. Section 455B.310, Code 1987, is amended by
adding the following new subsections:
NEW SUBSECTION. 7. The department shall grant exemptions
from the fee requirements of subsection 2 for receipt of solid
waste meeting all of the following criteria:
a. Receipt of the solid waste is pursuant to a written
contract between the owner or.operator of the sanitary
landfill and another person.
b. The contract was lawfully executed prior to January 1,
1987.
c. The contract expressly prohibits an increase in the
compensation or fee payable to the owner or operator of the
landfill and does not allow voluntary cancellation or
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House File 631, p. 63
renegotiation of the compensation or fee during the term of
the cc." ract.
d. The contract has not been amended at any time after
January 1, 1987.
e. the owner or operator of the sanitary landfill applying.
for exemption demonstrates to the satisfaction of the
department that good faith efforts vere made to renegotiate
the cor.ctact notwithstanding Its terms, and has been unable to
agree en an amendment allowing the fee provided in subsection
2 to be added to the compensation or fee provisions of the
contract.
C. Applications for exemption must be submitted on forms
provided by the department with proof of satisfaction of all
criteria.
9. notwithstanding the time specified within the contract,
an exemption from payment of the fee increase requirements for
a multiyear contract shall terminate by January 1, 1989.
NEW SUBSECTION. 8. In the case of a sanitary disposal
project other than a sanitary landfill, no tonnage fee shall
apply for five years beginning July 1, 1987 or for five years
from tr.i commencement of operation, whichever is later. By
July 1, 1992, the department shall provide the general
assembly with a recommendation regarding appropriate fees for
alternative sanitary disposal projects.
Sec. 419. Section 455B.311, subsection 2, Code 1987, is
amended to read as follows:
2. Grants shall only be awarded to a city or a county;
however, a grant may be made to a central planning agency
representing more than one city or county or combination of
cities or counties for the purpose of planning and
implementing regional solid waste management facilities or may
be mace to private or public agencies working in cooperation
with 3 city or county. The department shall award grants, in
accoriar.ee with the rules adopted by the commission, based
House File 631, p. 64
upon a proposal's reflection of the solid waste management
policy and hierarchy established in section 455B.301A. Grants
shall be awarded only for an amount determined by the
department to be reasonable and necessary to conduct the work
as set forth in the grant application. Grants may be awarded
at a maximum cost-share level of ninety percent with a
preference given for regional or shared projects and a
preference given to projects involving environmentally fragile
areas which are particularly subject to groundwater
contamination. Grants shall be awarded in a manner which will
distribute the grants geographically throughout the state.
Sec. 420. NEW SECTION. 4S5B.312 HASTE ABATEMENT PROGRAM.
1. If the department receives a complaint that certain
products or packaging which when disposed of are Incompatible
with an alternative method of managing solid waste and with
the solid waste management policy, the director shall
investigate the complaint. If the director determines that
the complaint is well-founded, the department shall inform the
manufacturer of the product or packaging and attempt to
resolve the matter by informal negotiations.
2. If informal procedures fail to result in resolution of
the matter, the director shall hold a hearing between the
affected parties. Following the hearing, if it is determined
that removal of the product or packaging is critical to the
utilization of the alternative method of disposing of solid
waste, the director shall issue an order setting out the
requirements for an abatement plan to be prepared by the
manufacturer within the time, frame established in the order.
If an acceptable plan is not prepared, the plan is not
implemented, or the problem otherwise continues unabated, the
attorney general shall take actions authorized by law to
secure compliance.
Sec. 421. NEK SECTION. 18.18 STATE PURCHASES — RECYCLED
PRODUCTS.
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House File 631, p. 66
1. When purchasing paper products, the department of
general services shall, wherever the price is reasonably
competitive and the quality intended, purchase the recycled
product.
2. The department of general services, in conjunction with;
the department of natural resources, shall review the
procurement specifications currently used by the state to
eliminate, wherever possible, discrimination against the
procurement of products manufactured with recovered materials.
3. The department of natural resources shall assist the
department of general services in locating suppliers of
recycled products and collecting data on recycled content
purchases.
4. Information on recycled content shall be requested on
all bids for paper products issued by the state and on other
bids for products which could have recycled content such as
oil, plastic products, compost materials, aggregate, solvents,
and rubber products.
5. The department of general services, in conjunction with
the department of natural resources, shall adopt rules and
regulations to carry out the provisions of this section.
6. All state agencies shall fully cooperate with the
departments of general services and natural resources in all
phases of implementing this section.
Sec. 422. GROUNDWATER FUND EXISTING PECS.
All tonnage fees received by the department of natural
resources pursuant to section 455B.310 and deposited in the
groundwacer fund and existing in the groundwater fund prior to
December 31, 1987, shall be used for the following purposes:
1. Six cents of the twenty-five cents per ton deposited in
the fund is appropriated to the waste management authority of
the department of natural resources.
2. Fifty thousand dollars of the moneys in the fund is
appropriated to the University of Northern Iowa for the fiscal
year beginning July 1, 1987, and ending June 30, 1988, for the
establishment of the small business assistance center for the
safe and economic management of solid waste and hazardous
substances at the University of Northern Iowa.
3. The remainder of the moneys in the account are
appropriated to the department of natural resources for the
development of guidelines for groundwater monitoring at
sanitary disposal projects as defined in section 455B.301,
subsection 3.
PART FIVE — HOUSEHOLD HAZARDOUS WASTE
Sec. SOI. NEW SECTION. 4SSP.1 DEFINITIONS.
As used in this chapter unless the context otherwise
requires:
1. "Department" means the department of natural resources.
2. "Commission" means the state environmental protection
commission.
3. "Manufacturer" means a person who manufactures or
produces a household hazardous material for resale in this
state.
4. "Wholesaler" or "distributor" means a person other than
a manufacturer or manufacturer's agent who engages in the
business of selling or distributing a household hazardous
material within the state, for the purpose of resale.
5. "Retailer" means a person offering for sale or selling
a household hazardous material to the ultimate consumer,
within the state.
6. "Display area label" means the signage used by a
retailer to mark a household .hazardous material display area
as prescribed by the department of natural resources.
7. "Residential" means a permanent place of abode, which
is a person's home as opposed to a person's place of business.
8. "Household hazardous material" means a product used for
residential purposes and designated by rule of the department
of natural resources and may include any hazardous substance
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House File 631, p. 67
as defined in section 45SB.411, subsection 3; and any
hazardous waste as defined in section 4S5B.411, subsection 4;
and shall include but is not limited to the following
materials: motor oils, motor oil filters, gasoline and diesel
additives, degteasets, waxes, polishes, solvents, paints, with
the exception of latex-based paints, lacquers, thinners,
caustic household cleaners, spot and stain remover with
petroleum base, and petroleum-based fertilizers. However,
"household hazardous material* does not include laundry
detergents or soaps, dishwashing compounds, chlorine bleach,
personal care products, personal care soaps, cosmetics, and
medications.
Sec. 502. NEW SECTION. 455F.2 POLICY STATEMENT.
It is the policy of this state to educate lowans regarding
the hazardous nature of certain household products, proper use
of the products, and the proper methods of disposal of
residual product and containers in order to protect the public
health, safety, and the environment.
Sec. 503. HEM SECTION. 455F.3 LABELS REQUIRED.
1. A retailer shall affix a display area label, as
prescribed by rule of the commission, in a prominent location
upon or near the display area of a household hazardous
material. If the display area is a shelf, and the price of
the product is affixed to the shelf, the label shall be
affixed adjacent to the price information.
2. The department shall develop, in cooperation with
distributors, wholesalers, and retailer associations, and
shall distribute ::> retailers a household hazardous products
list to be utilized in the labeling of a display area
containing products which are household hazardous materials.
3. A person fcjnd in violation of this section is guilty
of a simple misde-sanor.
Sec. 504. NCT SECTION. 455F.4 CONSUMER INFORMATION
BOOKLETS.
House File 631. p. 68
A retailer shall maintain and prominently display a
booklet, developed by the department, in cooperation with
manufacturers, distributors, wholesalers, and retailer
associations and provided to retailers at departmental
expense, which provides information regarding the proper use
of household hazardous materials and specific instructions for
the proper disposal of certain substance categories. The
department shall also develop and provide to a retailer, at
departmental expense, bulletins regarding household hazardous
materials which provide information designated by rule of the
commission. The retailer shall distribute the bulletins
without charge to customers.
A manufacturer or distributor of household hazardous
materials who authorizes independent contractor retailers to
sell the products of the manufacturer or distributor on a
person-to-person basis primarily In the customer's home, shall
print informational lists of its products which are designated
by the department as household hazardous materials. These
lists of products and the consumer information booklets
prepared in accordance with this section shall be provided by
the manufacturer or distributor in sufficient quantities to
each contractor retailer for dissemination to customers.
During the course of a sale of a household hazardous material
by a contractor retailer, the customer shall in the first
instance be provided with a copy of both the list and the
consumer information booklet. In subsequent sales to the same
customer, the list and booklet shall be noted as being
available if desired.
Sec. 505. NEW SECTION. 455F.S DUTIES OF THE COMMISSION.
The commission shall:
1. Adopt rules which establish a uniform label to be
supplied and used by retailers.
2. Adopt rules which designate the type and amount of
information to be included in the consumer information
booklets and bulletins.
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House File 531, p. 70
Sec. 506. NEW SECTION. 455F.6 DUTIES OF THE DEPARTMENT.
The department shall:
1. Designate products which are household hazardous
materials and, based upon the designations and in consultation
with manufacturers, distributors, wholesalers, and retailer
associations, develop a household hazardous product list for
the use of retailers in identifying the products.
2. Znforce the provisions of this chapter and implement
the penalties established.
3. Identify, after consulting with departmental staff and
the listing of other states, no more than fifty commonly used
household products which, due to level of toxicity, extent of
use, nondegradability, or other relevant characteristic,
constitute the greatest danger of contamination of the
groundwater when placed in a landfill. The department may
identify additional products by rule.
4. Submit recommendations to the general assembly
regarding the products specified in subsection 1 which include
but are not limited to the following:
a. Education of consumers regarding the danger incurred in
disposal of the products, the proper disposal of the products,
and the use of alternative products which do not present as
great a disposal danger as the products specified.
b. Dissemination of information regarding the products
specified.
c. Special labeling or stamping of the products.
d. A means for proper disposal of the products.
e. Proposed legislative action regarding implementation of
recommendations concerning the products.
Sec. 507. NEW SECTION. 455F.7 HOUSEHOLD HAZARDOUS
MATERIALS PERMIT.
1. A retailer offering for sale or selling a household
hazardous material shall have a valid permit for each place of
business owned or operated by the retailer for this activity.
All permits provided for in this division shall expire on June
30 of each year. Every retailer shall submit an annual
application by July 1 of each year and a fee of ten dollars
based upon gross retail sales of up to fifty thousand dollars,
twenty-five dollars based upon gross retail sales of fifty
thousand dollars to three million dollars, and one hundred
dollars based upon gross retail sales of three million dollars
or more to the department of revenue and finance for a permit
upon a form prescribed by the director of revenue and finance.
Permits are nonrefundable, are based upon an annual operating
period, and are not prorated. A person in violation of this
section shall be subject to permit revocation upon notice and
hearing. The department shall remit the fees collected to the
household hazardous waste account of the groundwater
protection fund. A person distributing general use pesticides
labeled for agricultural or lawn and garden use with gross
annual pesticide sales of less than ten thousand dollars is
subject to the requirements and fee payment prescribed by this
section.
2. A manufacturer or distributor of household hazardous
materials, which authorizes retailers as independent
contractors to sell the products of the manufacturer or
distributor on a person-to-person basis primarily in the
customer's home, may obtain a single household hazardous
materials permit on behalf of its authorized retailers in the
state, in lieu of individual permits for each retailer, and
pay a fee based upon the manufacturer's or distributor's gross
retail sales in the state according to the fee schedule and
requirements of subsection 1. However, a manufacturer or
distributor which has gross retail sales of three million
dollars or more in the state shall pay an additional permit
fee of one hundred dollars for each subsequent increment of
three million dollars of gross retail sales in the state, up
to a maximum permit fee of three thousand dollars.
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House Tile 631, p. 71
Sec. 508. NEW SECTION. 455F.8 HOUSEHOLD HAZARDOUS WASTE
CLEANUP PROGRAM CREATED.
The department shall conduct programs to collect and
dispose of snail amounts of hazardous wastes which are being
stored In residences or on farms. The program shall be known
as "Toxic Cleanup Days". The department shall promote and
conduct the program and shall by contract with a qualified and
bonded waste handling company, collect and properly dispose of
wastes believed by the person disposing of the waste to be
hazardous. The department shall establish maximum amounts of
hazardous wastes to be accepted from a person during the
"Toxic Cleanup Days* program. Amounts accepted from a person
above the maximum shall be limited by the department and may
be subject to a fee set by the department, but the department
shall not assess a fee for amounts accepted below the maximum
amount. The department shall designate the times and dates
for the collection of wastes. The department shall have as a
goal twelve "Toxic Cleanup Days" during the period beginning
July 1, 1987, and ending October 31, 1988. In any event, the
department shall offer the number of days that can be properly
and reasonably conducted with funds deposited in the household
hazardous waste account. In order to achieve the maximum
benefit from the program, the department shall offer "Toxic
Cleanup Days* on a statewide basis and provide at least one
"Toxic Cleanup Day" in each departmental region. "Toxic
Cleanup Days" shall be offered in both rural and urban areas
to provide a comparison of response levels and to test the
viability of multIcounty "Toxic Cleanup Days". The department
may also offer ac least one "Toxic Cleanup Day" at a
previously serviced location to test the level of residual
demand for the event and the effect of the existing public
awareness on the program. The department shall prepare an
annual report ciring the results and costs of the program for
submittai to the general assembly.
Sec. 509. H£a SECTIOM. 455F.9 EDUCATION PROG2AM.
House File 631, p. 72
In addition to the "Toxic Cleanup Days* program the
department shall implement a public information and education
program regarding the use and disposal of household hazardous
materials. The program shall provide appropriate information
concerning the reduction in use of the materials, including
the purchase of smaller quantities and selection of
alternative products. The department shall cooperate with
existing educational institutions, distributors, wholesalers,
and retailers, and other agencies of government and shall
enlist the support of service organizations, whenever
possible, in promoting and conducting the programs in order to
effectuate the household hazardous materials policy of the
state.
Sec. 510. NEW SECTION. 455F.10 PENALTIES.
Any person violating a provision of this chapter or a rule
adopted pursuant to this chapter is guilty of a simple
misdemeanor.
Sec. 511. COLLECTION OF USED MOTOR OIL ~ PILOT PROJECT.
The state department of transportation, in cooperation with
the department of natural resources and the Iowa State
University of science and technology center for Industrial
research and service, shall institute a pilot project to
collect and dispose of used motor oil from residences and
farms in one urban county and one rural county by October 1,
1987.
The state department of transportation shall promote
community participation; provide collection sites and
facilities; prescribe procedures Cor each collection site,
including the amount of- used motor oil to be accepted from a
household or farm, and measures necessary to assure
maintenance of a sanitary collection site environment; arrange
for proper used oil disposal; and report to the general
assembly by March 1, 1988, regarding the progress on the pilot
project. The report shall include the cost of the project.
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House File 631, p. 73
the amount of used motor oil collected, and any other relevant
data gathered by the participating agencies. The state
department of transportation shall recommend in the report to
the general assembly whether the program should be continued,
expanded, modified, or discontinued.
The department of natural resources shall assist the state
department of transportation in promoting the pilot project
and in applying any state or federal environmental regulations
to the pilot project. The Iowa State University of science
and technology center for industrial research and service
shall coordinate research on establishing the waste stream for
used motor oil, investigate alternative disposal methods, and
coordinate research with other states' research projects on
used motor oil collection and disposal.
This section is repealed July 1, 1989.
Sec. 512. MEW SECTION. 455F.12 RECYCLING AND RECLAMATION
PROGRAMS.
Up to eighty thousand dollars of the moneys deposited in
the household hazardous waste account shall be allocated to
the department of natural resources for city, county, or
service organization projects relative to recycling and
reclamation events. A city, county, or service organization
shall submit a competitive grant to the department of natural
resources by April 1 for approval by the department no later
than Hay IS.
PART SIX — STORAGE TANK MANAGEMENT
Sec. 601. Section S07D.3, Code 1987, is amended by adding
the following new subsection:
NEW SUBSECTION. 6. An assistance program for the
facilitation of insurance and financial responsibility
coverage Cor owners and operators of underground storage tanks
•which store petroleum shall not be affected by the
orohibitions of subsections 2 and 3.
House File 631, p. 74
Sec. 602. PLAN OF OPERATIONS PROGRAM. The division of
insurance of the department of commerce, in conjunction with
the department of natural resources and private industry,
shall, no later than September 15, 1987, create a plan of
operations program for the development of state or private
funds to satisfy the requirements of the federal Resource
Conservation and Recovery Act, 42 U.S.C. $ 6901 et seq.,
regarding the financial responsibility of an owner or operator
of an underground storage tank which stores petroleum.
The program shall include, but is no.t limited to, the
following elements:
1. The establishment of a pool of insurers sufficient to
manage all anticipated participants required to obtain and
maintain evidence of financial responsibility in the amounts
of one million dollars for corrective action and one million
dollars for the compensation of third parties for property
damage and bodily injury.
2. The establishment of the mechanism for election of the
pool administrator by the participating industry.
3. The establishment of a plan of operations, through the
administrator, including but not limited to the following
items:
a. Collection of administrative expenses.
b. A claims process and defense system.
c. An actuarial review.
d. A determination of rate classifications which reflect
the tank standards and monitoring devices maintained by an
individual owner or operator, which in addition to a daily
inventory system include but are not limited to the following:
(1) Secondary containment consisting of double wall
construction and provided with a device to monitor the
interstitial space between the secondary and primary
containment structures.
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House File 631, p. 75
(2) Secondary containment consisting of single wall
construction and a man-made liner, and groundwater monitoring
wells.
(3) Single wall construction and groundwater monitoring
wells.
(4) Any type of tank construction and sniffer wells and an
additional monitoring system.
e. A pollcyholder service system.
f. The billing, collecting, and investment of premiums.
4. The mechanism by which owners or operators who can
demonstrate financial responsibility pursuant to the federal
Resource Conservation and Recovery Act, 42 U.S.C. $ 6901 et
seq., may establish exempt status from participation in the
program.
Sec. 603. COMMITTEE CREATED — DUTIES. The legislative
council shall create a legislative committee which shall meet
within thirty days following the issuance of the plan of
operations program. The committee shall be composed of two
senators, one appointed by the majority leader of the senate
and one appointed by the minority leader of the senate; two
representatives, one appointed by the speaker of the house of
representatives and one appointed by the minority leader of
the house of representatives; one representative of petroleum
storage tank owners and operators; and one representative of
the petroleum industry.
The committee shall, on or before January 1, 1988, prepare
proposed legislation for the Implementation of the program to
be enacted and implemented on or before May 1, 1988. The
proposed legislation shall include:
1. The cost of participation of an individual owner or
operator based upon the following:
a. The base premium rate determined by the actuarial data.
b. The amount of subsidization of the premium by the
state, based on daily inventory and upon the storage tank
House File 631, p. 76
standards and inventory monitoring systems maintained by an
individual owner or operator. The state subsidization of the
premium shall be based upon a sliding fee schedule which may
reflect the following criteria:
(1) Tanks with secondary containment consisting of double
wall construction and provided with a device to monitor the
interstitial space between the secondary and primary
containment structures.
(2) Tanks with secondary containment consisting of single
wall construction and a man-made liner, and provided with
groundwater monitoring wells.
(3) Tanks with single wall construction and grounduater
monitoring wells.
(4) Tanks with any type of construction and sniffer wells
and an additional monitoring system.
2. The funding source for subsidization, which may be, but
is not limited to, the following:
a. An increase in the annual storage tank fee.
b. An annual tank assessment fee.
c. A pump inspection fee, paid by fuel dealers.
d. Federal environmental protection agency grants.
3. The management of the plan and the funds, whether the
plan is profitable or operates at a loss.
4. The mechanism by which owners or operators who can
demonstrate financial responsibility pursuant to the federal
Resource Conservation and Recovery Act, 42 U.S.C. $ 6901 et
seq., nay establish exempt status from participation in the
program.
Sec. 604. Section 4S5B.473, Code 1987, is amended by
adding the following new subsections:
HEW SUBSECTION. 3A. An owner or operator of a storage
tank described in section 455B.471, subsection 6, paragraph
"a", which brings the tank into use after July 1, 1987, shall
notify the department of the existence of the tank within
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House File 631, p. 77
House File 631, p. 78
thirty days. The registration of the tank shall be
accompanied by a fee of ten dollars to be deposited in the
storage tank management account. A tank which is existing
before July 1, 1987, shall be reported to the department by
July 1, 1989. Tanks under this section installed on or
following July 1, 1987, shall comply with underground storage
tank regulations adopted by rule by the department.
NEW SUBSECTION. 8. It shall be unlawful to deposit a
regulated substance in an underground storage tank which has
not been registered pursuant to subsections 1 through 5.
The department shall furnish the owner or operator of an
underground storage tank with a registration tag for each
underground storage tank registered with the department. The
owner or operator shall affix the tag to the fill pipe of each
registered underground storage tank. A person who conveys or
deposits a regulated substance shall inspect the underground
storage tank to determine the existence or absence of the
registration tag. If a registration tag is not affixed to the
underground storage tank fill pipe, the person conveying or
depositing the regulated substance may deposit the regulated
substance in the unregistered tank provided that the deposit
is allowed only in the single instance, that the person
reports the unregistered tank to the department of natural
resources, and that the person provides the owner or operator
with an underground storage tank registration form and informs
the owner or operator of the underground storage tank
registration requirements. The owner or operator is allowed
fifteen days following the report to the department of the
owner's or operator's unregistered tank to comply with the
registration requirements. If an owner or operator fails to
register the reported underground storage tank during the
fifteen-day period, the owr.er or operator shall pay a fee of
twenty-five dollars upon registration of the tank.
Sec. 60S. Section -1SSB.473, subsection 4, Code 1987, is
amended to read as follows:
4. The notice of the owner or operator to the department
under subsections 1 through 3 shall be accompanied by a fee of
five ten dollars for each tank included in the notice. A
aeparate-Sand-ia-ereated-in-the-atate-treaaaryT-the-reeeipta
o£-whieh-are-appropri«eed-to-pay-the-adminiafcrative-expenaea
oS-the-deparfcmenfc-inearred-ander-khia-partT—All-Seea
eolleeted-by-the-depariraent-ander-thia-aabaeefeion-ahaH-be
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House File 631, p. 79
Sec. 607. NEW SECTION. 455B.479 STORAGE TANK MANAGEMENT
FEE.
An owner or operator of an underground storage tank shall
pay an annual storage tank management fee of fifteen dollars
per tank of over one thousand one hundred gallons capacity.
The fees collected shall be deposited in the storage tank
management account of the groundwater protection fund.
DONALD D. AVENSON
Speaker of the House
JO ANN ZIMMERMAN
President of the Senate
I hereby certify that this bill originated in th» House and
is known as House File 631/ Seventy-second General Assembly.
JOSEPH O'HERN
Chief Clerk of the House
Approved _, 1987
TERRY E. BRANSTAD
Governor
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Critical Area Law -
§-1801, Declaration of
public policy.
(a) Findings.- The General
Assembly finds and declares
that:
(1) The Chesapeake Bay
and its tributaries are natural
resources of great significance
to the State and the nation;
(2) The shoreline and
adjacent lands constitute a
valuable, fragile, and sensitive
part of this estuarine system,
where human activity can have
a particularly immediate and
adverse impact on water
quality and natural habitats;
(3) The capacity of these
shoreline and adjacent lands
withstand the continuing
demands upon them, without
further degradation to water
quality and natural habitats is
limited;
(4) National studies have
documented that the quality
and productivity of the waters
of the Chesapeake Bay and its
tributaries have declined due
to the cumulative effects of
human activity that have
caused increased levels of
pollutants, nutrients, and toxics
in the Bay System and
declines in more protective
land uses such as forestland
and agricultural land in the Bay
region;
(5) Those portions of the
Chesapeake Bay and its
tributaries within Maryland are
particularly stressed by the
continuing population growth
and development activity
concentrated in the
Baltimore-Washington
metropolitan corridor;
(6) The quality of life for the
citizens of Maryland is
enhanced through the
restoration of the quality and
productivity of the waters of
the Chesapeake Bay and its
tributaries;
(7) The restoration of the
Chesapeake Bay and its
tributaries is dependent, in
Subtitle 18
part, on minimizing further
adverse impacts to the water
quality and natural habitats of
the shoreline and adjacent
lands;
(8) The cumulative impact
of current development is
inimical to these purposes; and
(9) There is a critical and
substantial State interest for
the benefit of current and
future generations in fostering
more sensitive development
activity in a consistent and
uniform manner along
shoreline areas of the
Chesapeake Bay and its
tributaries so as to minimize
damage to water quality and
to natural habitats.
(b) Purposes.- It is
therefore the purpose of the
General Assembly in enacting
this subtitle to:
(1) Establish a Resource
Protection Program on a
cooperative basis between the
State and affected local
governments, with local
governments establishing and
implementing their programs in
a consistent and uniform
manner subject to State
criteria and oversight. (1984,
ch. 794.)
promulgated by the
Commission under Natural
Resources Article, §8-1806
and §8-1808 may not be
implemented unless the
General Assembly at the 1986
Session affirms by joint
resolution that the criteria are
reasonable and acceptable to
accomplish the goals of this
subtitle. If a joint resolution of
affirmation is not enacted by
the General Assembly at the
1986 Session, the criteria shall
be revised by the Commission
and resubmitted to the
Assembly on the first day of
the 1987 Session and the
effective date of the criteria
shall be delayed until June 1,
1987."
Editor's note.-Section 2, ch.
794, Acts 1984, provides that
"of the initial members of the
Chesapeake Bay Critical Area
Commission, the member from
Anne Arundel County, 2
members at large, and the
members from Keni, Queen
Ann's Talbot, and Dorchester
counties serve for terms of 4
years; the members from
Baltimore City and Wicomico,
Somerset, Calvert, Charles,
and St. Mary's counties serve
for terms of 3 years; and the
members from Baltimore,
Prince George's, Harford,
Cecil, Caroline, and Worcester
counties serve for terms of 2
years."
Section 3 of ch. 794
provides that "the criteria
§8-1802. Definitions;
obligation imposed
by subtitle on Prince
George's County
and Commission.
(a) In general.- (1) In this
subtital the following words
have the meanings indicated.
(2) "Commission" means
the Chesapeake Bay Critical
Area Commission established
in this subtitle.
(3) "Development" means
any activity that materially
affects the condition or use of
dry land, land under water, or
any structure.
(4) "Includes" means
includes or including by way of
illustration and not by way of
limitation.
(5) "Local Jurisdiction"
means a county, or a
municipal corporation with
planning and zoning powers, in
which any part of the
Chesapeake Bay Critical Area
as defined in this subtitle, is
located.
(6) "Program" means the
critical area protection
of a local jurisdiction including
any amendments to it.
(7) "Project approval"
means the approval of
development, other than
development by a state or
local government agency, in
the Chesapeake Bay Critical
Area by the appropriate local
approval authority. The term
includes approval of
subdivision plats and site
plans; inclusion of areas within
floating zones; issuance of
variances, special execptions,
and conditional use permits;
and issuance of zoning
General permits. The term does not
include building permits.
(b) Maryland-National
Capital Park and Planning
Commission.- Wherever this
subtitle requires Prince
George's County to exercise
any power or authority it
shares with the
Maryland-National Capital Park
and Planning Commission, the
obligation imposed by the
subtitle rests on both the
county and the
Maryland-National Capital Park
and Planning Commission in
accordance with their
respective powers and
authorities. (1984, ch. 794.)
§8-1803.
Chesapeake Bay
Critical Area
Commission created;
authority of
Secretary and Board
of Review.
(a) Commission created. -
There is a Chesapeake Bay
Critical Area Commission in
the Department.
(b) Authority of Secretary. -
The Secretary has no authority
under Title I of this article to
approve, alter, or amend the
policies or programs of the
program Commission; to transfer,
assign, or reassign statutory
functions or activities to or
from the Commission; or to
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adopt, approve or revise rules
and regulations of the
Commission.
(c) Authority of Board of
Review.- The Board of Review
has no authority to hear or
determine appeals from
decisions of the Commission.
(1984. ch. 794.)
§8-1804.
Composition of
Commission.
(a) In general.- The
Commission consists of 25
voting members who are
appointed by the Governor, as
follows:
(1) A full-time chairman,
appointed with the advise and
consent of the Senate, who
shall serve at the pleasure of
the Governor;
(2) 11 individuals,
appointed with the advice and
consent of the Senate, each of
whom is a resident and an
elected or appointed official of
a local jurisdiction. At least 1
of these 11 individuals must be
an elected or appointed official
of a municipality. These
individuals shall serve on the
Commission only while they
hold local office. Each shall be
selected from certain counties,
or from municipalities within
said counties, as follows, and
only after the Governor has
consulted with elected county
and municipal officials:
(/) 1 from each of Baltimore
City, and Anne Arundel,
Baltimore, and Prince
George's counties;
(«) 1 from Harford or Cecil
County;
(Hi) 1 from Kent or Queen
Anne's County;
(/V) 1 from Caroline or
Worcester County;
(v) 1 fromTalbotor
Dorchester County;
(w) 1 from Wicomico or
Somerset County; and
(v/;) 2 from Calvert, Charles
or St. Mary's County, both of
whom shall not be from the
same county;
(3) 8 individuals appointed
with the advice and consent of
the Senate, who shall
represent diverse interests,
and among whom shall be a
resident from each of the 6
counties that are listed and
From which an appointment
has not been made under
paragraph (2) of this
subsection and 2 of the 8
members appointed under this
item shall be at large
members; and
(4) The Secretaries of
Agriculture, Economic and
Community Development,
Health and Mental Hygiene,
Natural Resources, and State
Planning, ex officio, or, instead
of any of the Secretaries,
another representative of that
Secretary's department
appointed at the request of the
Secretary.
(b) Compensation.- A
member of the Commission
who does not hold another
office of profit at the State or
local level shall be entitled to
compensation as provided in
the budget. Members of the
Commission shall be entitled
reimbursement for expenses
as provided in the budget.
(c) Length of terms;
removal of members; filling
vacancies.- Except for the
chairman and ex officio State
officers or their
representatives:
(1) The term of a member is
4 years;
(2) The terms of members
are staggered as required by
the terms provided for
members of the Commission
on July 1,1984;
(3) At the end of a term, a
member continues to serve
until a successor is appointed
and qualifies;
(4) A member who is
appointed after a term is
begun serves for the rest of
the term and until a successor
is appointed and qualifies;
(5) A member may serve no
more than 2 terms; and
(6) Any member of the
Commission appointed by the
Governor who shall fail to
attend at least 60 percent of
the meetings of the
Commission during any period
of 12 consecutive months shall
be considered to have
resigned, and the chairman
shall forward the member's
name to the Governor, not
later than January 15 of the
year following the
non-attendance with the
statement of non-attendance,
and the Governor shall
there-upon appoint a
successor for the remainder of
the term. If the member has
been unable to attend
meetings as required by this
subtitle for reasons
to the Governor, the Governor
may waive the regulation if the
reasons are made public.
(d) Vacancies other than by
expiration of term.- If a
vacancy arises other than by
the expiration of a term, the
Governor shall appoint within
30 days, with the advice and
consent of the Senate, a
successor of like qualifications
to serve the remainder of the
toterm. (1984, ch. 794.)
satisfactory jhe
§8-1805. Commission
staff.
(a) In general.- The
Commission shall have the
staff provided for in the State
budget.
(1) The staff assigned to
the Coastal Zone Management
Program in the Department
shall assist the Commission in
the development of regulations
and the review of programs.
(2) The State departments
represented on the
Commission may lend staff or
other assistance to the
Commission.
(b) Executive Director. -
The chairman with the
approval of the Commission
shall appoint an executive
director for the Commission.
(1) The Executive Director
serves at the pleasure of the
chairman and is entitled to the
salary provided in the State
budget.
(2) The Executive Director
shall direct the staff of the
Commission.
(c) Assistant attorney
general.- The Attorney
General shall designate an
assistant attorney general to
advise and represent the
chairman and the Commission.
(1984, ch. 794.)
§8-1806. Powers of the
Commission.
Commission has all
powers necessary for carrying
out the purposes of this
subtitle, including the following:
(1) To adopt regulations
and criteria in accordance with
Title 2, Subtitle 5 (Joint
Committee on Administrative,
Executive and Legislative
Review) and Title 10, Subtitle 1
(Administrative Procedure Act)
of the State Government
Article;
(2) To conduct hearings in
connection with policies,
proposed programs, and
proposed regulations or
amendments to regulations;
and
(3) To contract for
consultant or other services.
(1984, ch. 794.)
§8-1807. Chesapeake
Bay Critical Area.
(a) Initial planning area.-
The initial planning area for
determination of the
Chesapeake Bay Critical Area
consists of:
(1) All waters of and lands
under the Chesapeake Bay
and its tributaries to the head
of tide as indicated on the
State wetlands maps, and all
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State and private wetlands
designated under Title 9 of this
article; and
(2) All land and water areas
within 1,000 feet beyond the
landward boundaries of State
or private wetlands and the
heads of tides designated
under Title 9 of this article.
(b) Areas local jurisdictions
may exclude.- (1)(i) In
determining the Chesapeake
Bay Critical Area within its
boundaries, a local jurisdiction
may exclude those portions of
the planning area designated
in subsection (a) of this section
which the local jurisdiction
finds to be:
1. Part of a developed,
urban area in which, in view of
available public facilities and
applicable laws and
restrictions, the imposition of a
program would not
substantially improve
protection of tidal water quality
or conservation of fish, wildlife,
or plant habitats; or
2. Located at least 1,000
feet from open water and
separated from open water by
an area of wetlands which it is
found will serve to protect tidal
water quality and fish, wildlife,
or plant habitats from adverse
impacts of development in the
excluded area.
(ii) A portion of urban area
to be excluded shall be at least
50 percent developed and may
not be less than 2,640,000
square feet in contiguous area
or the entire initial planning
area located within the
boundaries of a municipality,
whichever is less.
(2) A local jurisdiction shall
include in any program
submitted to the Commission
under §8-1809 a designation of
those portions of the
Chesapeake Bay Critical Area
proposed for exclusion under
paragraph (1) of this
subsection, together with all
factual information and expert
opinion supporting its findings
under this subsection.
(3) The Commission shall
approve a local jurisdiction's
designation of portions to be
excluded unless the
ommission finds, based on
stated reasons, that the
decision of the local jurisdiction
was:
(i) Not supported by
competent and material
evidence; or
(ii) Arbitrary or capricious.
(4) If the Commission
develops the program to be
applied in a local jurisdiction, it
shall exclude areas as
appropriate to meet the intent
of paragraph (1) of this
subsection.
(c) Area designated as
critical area.- The Chesapeake
Bay Critical Area shall consist
of:
(1) Those areas designated
n subsection (a) of this
section, except any areas
excluded in accordance with
subsection (b) of this section,
and
(2) Additional areas
proposed for inclusion by local
urisdictions and approved by
:he Commission. (1984, ch.
794.)
§8-1808. Program
development.
(a) Local jurisdictions to
implement: grants.-^) It is the
ntent of this subtitle that each
ocal jurisdiction shall have
primary responsibility for
developing and implementing a
program, subject to review and
approval by the Commission.
(2) The Governor shall
nclude in the budget a sum of
money to be used for grants to
eimburse local jurisdictions for
the reasonable cost of
developing a program under
his section. Each local
urisdiction shall submit to the
Governor by October 31,1984,
a detailed request for funds
hat are equivalent to the
additional costs incurred in
developing the program under
his section.
(b) Goals of program.- A
program shall consist of those
elements which are necessary
or appropriate to:
(1) Minimize adverse
impacts on water quality that
result from pollutants that are
discharged from structures or
conveyances that have run off
from surrounding lands;
(2) Conserve fish, wildlife,
and plant habitat; and
(3) Establish land use
policies for development in the
Chesapeake Bay Critical Area
which accommodate growth
and also address the fact that,
even if pollution is controlled,
the number, movement, and
activities of persons in that
area can create adverse
environmental impacts.
(c) Elements of program. -
At a minimum, a program
sufficient to meet the goals
stated in subsection (b)
includes:
(1) A map designating the
critical area in a local
jurisdiction;
(2) A comprehensive
zoning map for the critical
area;
(3) As necessary, new or
amended provisions of the
jurisdiction's:
(i) Subdivision regulations;
(ii) Comprehensive or
master plan;
(iii) Zoning ordinances or
regulations;
(iv) Provisions relating to
enforcement; and
(v) Provisions as
appropriate relating to
grandfathering of development
at the time the program is
adopted or approved by the
Commission;
(4) Provisions requiring that
project approvals shall be
based on findings that projects
are consistent with the
standards stated in subsection
(b) of this section;
(5) Provisions to limit the
amount of land covered by
buildings, roads, parking lots,
or other impervious surfaces,
and to require to encourage
cluster development, where
necessary or appropriate;
(6) Establishment of buffer
areas along shorelines within
which agriculture will be
permitted only if best
management practices are
used, provided that structures
or any other use of land which
is necessary for adjacent
agriculture shall also be
permitted in any buffer area;
(7) Requirements for
minimum setbacks for
setbacks for structures and
septic fields along shorelines;
(8) Designation of shoreline
areas if any that are suitable
for parks, hiking, biking, wildlife
refuges, scenic drives, public
access or assembly, and
water-related recreation such
as boat slips, piers, and
beaches;
(9) Designation of shoreline
areas, if any, that are suitable
for ports, marinas, and
industries that use water for
transportation or derive
economic benefits from shore
access;
(10) Provisions requiring
that all harvesting of timber in
the Chesapeake Bay Critical
Area be in accordance with
plans approved by the district
Forestry board; and
(11) Provisions establishing
that the controls in a program
which are designed to prevent
runoff of pollutants will not be
required on sites where the
topography prevents runoff
from directly or indirectly
reaching tidal waters.
(d) Criteria for program
development.- (1) The
Commission shall promulgate
by regulation on or before
December 1,1985, criteria for
program development and
approval, which are necessary
or appropriate to achieve the
standards stated in subsection
(b) of this section. Prior to
developing its criteria and also
prior to adopting its criteria, the
Commission shall hold at least
6 regional public hearings, one
in each of the following areas:
-------
(i) Harford, Cecil, and Kent
counties
(ii) Queen Anne's, Talbot,
and Caroline counties,
(iii) Dorchester, Somerset,
and Wicomico counties;
(iv) Baltimore City and
Baltimore County;
(v) Charles, Calvert, and St.
Mary's counties; and
(vi) Anne Arundel and
Prince George's counties.
During the hearing process,
the Commission shall consult
with each affected local
jurisdiction.
(2) The President of the
Senate and the Speaker of the
House shall appoint 5 senators
and 5 delegates respectively to
serve as the Joint Committee
on Chesapeake Bay Critical
Areas. The Joint Committee
shall be staffed by the
Department of Legislative
Reference. The Commission
shall meet with the Joint
Committee on Chesapeake
Bay Critical Areas periodically
as the Committee requests to
review development and
implementation of the criteria
for program development.
(c) Dredging not
prevented.- Nothing in this
section shall impede or preven
the dredging of any waterway
in a critical area. However,
dredging in a critical area is
subject to other applicable
federal and State laws, rules,
and regulations. (1984, ch.
794.)
§8-1809. Approval and
adoption of program.
(a) Statement of intent.-
Within 45 days after the criteria program
adopted by the Commission
under 8-1808 of this subtitle
become effective, each local
jurisdiction shall submit to the
Commission a written
statement of its intent either:
(1) To develop a critical
area protection program to
control the use and
development of that part of the
hesapeake Bay Critical Area
ocated within its territorial
imits; or
(2) Not to develop such a
program.
(b) Commission may adopt
program.- If a local jurisdiction
states its intent not to develop
a program or fails to submit a
imely statement of intent, the
ommission shall prepare and
adopt a program for the part of
he Chesapeake Bay Critical
Area in that local jurisdiction.
(c) Submission of locally
developed program.- If a local
urisdiction states its intent to
develop a program, it shall
prepare a proposal program
and submit it to the
iommission within 270 days
after the effective date of the
criteria adopted under §8-1808
of this subtitle. However, if the
ocal jurisdiction submits
evidence satisfactory to the
Commission that it is making
easonable progress in the
development of a program, the
ommission may extend this
period for up to an additional
180 days. Before submission
of a program to the
ommission within the time
allowed by this subsection, a
I local jurisdiction shall hold at
east one public hearing on the
jroposed program, for which
2-weeks notice shall be
published in a newspaper of
general circulation in the local
urisdiction..
(d) Public hearing; approval
by Commission.- (1) Within 30
days after a program is
submitted, the Commission
shall appoint a panel of 3 of its
members to conduct in the
affected jurisdiction a public
hearing on the proposed
(2) Within 90 days after the
ommission receives a
proposed program from a local
urisdiction, it shall either
approve the proposal or notify
he local jurisdiction of specific
changes that must be made in
order for the proposal to be
approved. If the Commission
does neither the proposal shall
be deemed approved.
(3) A changed proposal
shall be submitted to the
Commission in the same
manner as the original
proposal, within 40 days after
he Commission's notice.
Unless the Commission
approves a changed proposal
or disapproves a changed
proposal and states in writing
he reason for its disapproval
within 40 days, the changed
proposal shall be deemed
approved.
(c) Adoption of program. -
Within 90 days after the
iommission approves a
proposed program, the local
urisdiction shall hold hearings
and adopt the program in
accordance with legislative
procedures for enacting
ordinances. If the governing
body of the local jurisdiction
wishes to change any part of
he approved proposal before
adoption, it shall submit the
proposed change to the
ommission for approval.
Unless the Commission
approves the change or
disapproves the change and
states in writing the reasons
or its disapproval within 30
days after it receives the
change, the change shall be
deemed approved. A changed
part may not be adopted until it
s approved by the
ommission.
(0 Programs effective
within 760 days.- Within 760
days after criteria adopted by
the Commission become
effective, there shall be in
effect throughout the
hesapeake Bay Critical Area
jrograms approved or adopted
jy the Commission.
(g) Proposed
amendments.- Each local
urisdiction shall review and
propose any necessary
amendments to its program,
including local zoning maps, at
least every 4 years.
Amendments shall be
submitted to and acted on by
the Commission in the same
manner as the original
program.
(h) Program not be be
amended without approval of
''ommission.- A program may
not be amended except with
he approval of the
Commission. Except for
amendments developed during
program review under
subsection (g) of this section,
an amendment to a zoning
map may be granted by a local
approving authority only on
proof of a mistake in the
existing zoning.
(i) Standards for approval
by Commission.- The
ommission shall approve
Drograms and amendments
hat meet:
(1) The standards set forth
n §8-1808 (b)(1) through (3) of
this subtitle; and
(2) The criteria adopted by
the Commission under
§8-1808 of this subtitle.
Q) Program to be available
for public inspection.- Copies
of each approved program, as
t is amended from time to
time, shall be maintained by
he local jurisdiction and the
Commission in a form
available for public inspection.
(1984, ch. 794.)
§8-1810. Programs
adopted by Commission.
(a) When Commission to
adopt program.- If a local
jurisdiction fails to notify the
Commission that it will develop
a program, fails to submit a
proposed program or changed
proposal on time, or fails to
obtain Commission approval of
a proposed program or
changed proposal that is
submitted, the Commission
shall prepare and adopt a
program that satisfies the
criteria adopted under §8-1808
of this subtitle for the part of
the Chesapeake Bay Critical
Area in that local jurisdiction.
(b) Public hearing;
Commission program to
-------
i days apart wishes
supersede local law.- Where a
local jurisdiction fails to adopt
or obtain Commission approval
of a program, the Commission
shall promulgate a program for
that jurisdiction by adopting
rules and regulations in
accordance with Title 2,
Subtitle 5 (Joint Committee on
Administrative, Executive, and
Legislative Review) and Title
10, Subtitle 1 (Administrative
Procedure Act) of the State
Government Article. Before
the full Commission
promulgates a program under
this subsection, it shall appoint
a panel of 3 of its members to
conduct in the affected
jurisdiction at least 2 public
hearings at least 10
on the proposed program, for
which two weeks notice shall
be published in a newspaper of in
general circulation of the local
jurisdiction. A program
promulgated by the
Commission under this
subsection supersedes any
inconsistent local laws,
ordinances, or plans.
(c) Local jurisdictions to
enforce.- If the Commission
adopts a program for a local
jurisdiction, the program shall
be implemented and enforced
by local authorities in the same
manner as if the program had
been adopted by the local
jurisdiction itself.
(d) Local program to
supersede Commission
program.- If at any time after
the Commission has adopted a
program for a local jurisdiction,
the local jurisdiction submits an
alternative program of its own
that satisfies the criteria
adopted under §8-1808 of this
subtitle and is approved by the
Commission, the alternative
program supersedes the
program adopted by the
Commission. (1984, ch. 794.)
§8-1811. Project
approval.
(a) Project consistent with
program.- From the effective
date of a program approved or
adopted by the Commission, a
project approval that involves
land located in the
Chesapeake Bay Critical Area
may not be granted unless it is
consistent and complies with
the program.
(b) Projects requiring notice
to Commission.- (1) The
Commission shall adopt
regulations identifying those
classes of applications for
project approval of which it
to receive notice.
(2) From the date
designated by the Commission
approving or adopting a
program, an applicant for
project approval or the local
agency authorized to grant
project approval on an
application in any of the
identified classes shall send to
the Commission in accordance
with the regulations and any
other instructions of the
Commission, a copy of every
pending or new application for
approval that is in any of the
identified classes. Before the
close of the next business day
after receipt of a copy of an
application in any of the
dentified classes shall send to
the Commission in accordance
with the regulations and any
other instructions of the
Commission, a copy of every
pending or new application for
approval that is in any of the
dentified classes. Before the
lose of the next business day
after receipt of a copy of an
application from the applicant
or the local approving
authority, the Commission
shall send written notice of
eceipt to the applicant and to
he local approving authority.
A failure of the Commission to
send a timely notice shall
ender paragraph (3) of this
subsection inapplicable as to
that application.
(3) The local approving
authority shall not process an
application of which a copy
must be sent to the
Commission until it has
received notice of receipt from
the Commission, and any
action of the local approving
authority in violation of this
paragraph shall be void.
(1984, ch. 794.)
the time within and manner in
which the authority granted in
subsection (a) may be
exercised.
(c) Appeal authorized.-
The chairman may appeal an
action or decision even if the
chairman was not a party to or
is not specifically aggrieved by
the action or decision. (1984,
ch. 794.)
intervene zone
§8-1812. Commission
chairman; authority
regarding judicial
proceedings.
(a) In general.- After the
Commission has approved or
adopted a program, the
chairman of the Commission
has standing and the right and
authority to initiate or i
in any administrative, judicial,
or other original proceeding or
appeal in this State concerning
a project approval in the
Chesapeake Bay Critical Area.
The chairman may exercise
this intervention authority
without first obtaining approval
from the Commission, but the
chairman shall send prompt
written notice of any
intervention or initiation of
action under this section to
each member of the
ommission. The chairman
shall withdraw the intervention
or action initiated if within 35
days after the date of the
;hairman's notice, at least 13
members indicate disapproval
of the action, either in writing
addressed to the chairman or
by vote at a meeting of the
Commission. A member
representing the local
urisdiction affected by the
chairman's intervention or
action may request a meeting
of the Commission to vote on
he chairman's intervention or
action.
(b) Rules of procedure. -
Except as stated in this
subtitle, the chairman is
subject to general laws and
ules of procedure that govern
§8-1813. Prior project
approval.
(a) Specific findings
required.- From June 1, 1984
with regard to any subdivision
plat approval or approval of a
zoning amendment, variance,
special exception, conditional
use permit or use of a floating
, affecting any land or
water area located within the
initial planning area indentified
in §8-1807 (a) of this subtitle,
for which application is
completed after that date, the
approving authority of the local
urisdiction in rendering its
decision to approve an
application shall make specific
indings that:
(1) The proposed
development will minimize
adverse impacts on water
quality that result from
pollutants that are discharged
rom structures or
conveyances or that have run
off from surrounding lands;
and
(2) The applicant has
dentified fish, wildlife, and
plant habitat which may be
adversely affected by the
Droposed development and
has designed the development
so as to protect those
dentified habitats whose loss
would substantially diminish
he continued ability of
populations of affected species
.o sustain themselves.
(b) Information required
'rom applicant- With regard to
any application for project
approval described in
subsection (a) of this section, a
-------
local approving authority shall
require such additional
information from an applicant
as is necessary in order to
make the findings required by
subsection (a).
(c) Section in effect until
program effective.- This
section shall remain in effect in
a local jurisdiction until such
time as an approved program
becomes effective.
(d) Exception.- This
section does not apply to any
application initially filed prior to
March 1, 1984. (1984, ch.
794.)
(c) Applicability of other
aws.- This subtitle is not
ntended to relieve any
obligation otherwise imposed
by law or regulation to obtain
icenses, permits, or approvals
ram State and local regulatory
agencies or to comply with
applicable State and local
egulatory prohibitions or
estrictions. (1984, ch. 794.)
§8-1814. Commission
approval of certain
projects; applicability of
other laws.
(a) Approval of local agency
projects.- After 760 days have
elapsed from the date upon
which criteria adopted by the
Commission become effective,
any State or local agency that
proposes development which
has not been subject to project
approval by the local
jurisdiction under an approved
program, including buildings,
treatment plants, roads,
railroads, and airports, in the
Chesapeake Bay Critical Area
shall, before it begins the
development, receive the
approval of the Commission in
accordance with procedures or
exceptions set forth in
regulations adopted by the
Commission using the
standards set forth in §8-1808
(b)(1) through (3) of this
subtitle. These regulations
shall be promulgated on or
before September 1,1987,
and only after consultation with
affected State and local
agencies.
(b) Consistency
determinations.- The
Secretary shall consult with the other
Commission in making
consistency determinations
under the Federal Coastal
Zone Management Program.
jB-1815. Enforcement.
(a) Violators subject to
prosecution or suit.- Violators
of the provisions of programs
approved or adopted by the
Commission shall be subject to
prosecution or suit by local
authorities, who may invoke
he sanctions and remedies
afforded by State or local law.
(b) Referral to Attorney
General.- Whenever the
chairman has reason to
believe that a local jurisdiction
s failing to enforce the
requirements of a program
applicable to a particular
development, the chairman
shall serve notice upon the
ocal enforcement authorities.
f within 30 days after service
of such notice, the local
authorities have failed to
nitiate an action to remedy or
punish the violation, the
chairman may refer the matter
to the Attorney General.
(c) Sanctions-Remedies
available to local jurisdictions. -
Upon referral of an alleged
violation under subsection (b)
of this section, the Attorney
General may invoke any
anction or remedy available to
local authorities, in any court ol
competent jurisdiction in which
the local authorities would be
authorized to prosecute or sue
the violator.
(d) Same-Equitable
remedies.- In addition to any
sanction or remedy
available, the Attorney Genera
may bring an action in equity
to compel compliance or
restrain noncompliance with
he requirements of approved
project plans and to compel
estoration of lands or
structures to their condition
prior to any modification which
was done in violation of the
approved project plans.
(e) Action to restrain
violation.- Notwithstanding any
other provision of this section,
whenever a development in
he Critical Area is proceeding
n violation of approved project
plans and thereby threatens to
mmediately and irreparably
degrade the quality of tidal
waters or fish, wildlife, or plant
habitat, the Attorney General,
upon request of the chairman,
may bring an action to restrain
he violation and, as
appropriate, to compel
restoration of any land or water
areas affected by the
development. (1984, ch. 794.)
§8-1816. Commission to
prepare report.
n consultation with State and
ocal agencies involved in
planning, acquiring, and
managing open space and
ecreational lands, the
Commission shall, by January
1,1987, prepare a report to
he governor and the General
Assembly recommending
State policy and goals for:
(1) The provision of public
access along the shoreline of
the Chesapeake Bay and its
tributaries; and
(2) The reforestation of land
within the Critical Area, and
the preservation of forested
land within the Critical Area.
(1984, ch. 794.)
Cross reference.- See Editor's
note to §8-1801 of this article.
-------
Amendments To The
CHAPTER 601
AN ACT concerning
Chesapeake Bay Critical Area
Commission - Quorum - Public
Hearings and Official Actions.
FOR the purpose of providing
for a quorum of the
Chesapeake Bay Critical Area
Commission and panels of the
Commission; preventing the
Commission or a panel of the
Commission from holding a
public hearing unless a
quorum is present; preventing
the Commission or a panel of
the Commission from taking
official actions unless a
quorum is present and a
certain vote occurs; altering
the number of members on
certain panels of the
Commission; and generally
relating to quorum, public
hearings, and official actions of
the Chesapeake Bay Critical
Area Commission and panels
of the Commission.
BY adding to
Article - Natural Resources
Section 8-1801 (c)
Annotated Code of Maryland
(1983 Replacement Volume
and 1985 Supplement)
SECTION 1. BE IT
ENACED BY THE GENERAL
ASSEMBLY OF MARYLAND,
That the Laws of Maryland
read as follows:
Article - Natural Resources
8-1801.
(E)(1) A QUORUM OF THE
COMMISSION CONSISTS OF
1 MEMBER MORE THAN A
MAJORITY OF THE FULL
AUTHORIZED MEMBERSHIP
OF THE COMMISSION
(2) A QUORUM OF A
PANEL OF THE
Critical Area Law -1986
COMMISSION CONSISTS OF
3 MEMBERS.
(3) THE COMMISSION OR
A PANEL OF THE
COMMISSION MAY NOT
HOLD A PUBLIC HEARING
UNLESS A QUORUM IS
PRESENT.
(4) THE COMMISSION OR
A PANEL OF THE
COMMISSION MAY NOT
TAKE ANY OFFICIAL ACTION (1983
UNLESS:
(I) A QUORUM IS
PRESENT; AND
(II) A MAJORITY OF THE
MEMBERS WHO ARE
PRESENT AND ELIGIBLE TO
VOTE CONCUR IN OR VOTE
FOR THE ACTION.
portions of the Critical Area;
requiring certain clustering of
development in certain areas
of the Critical Area; and
generally relating to the growth
allocation in the Resource
Conservation Area of the
Chesapeake Bay Critical Area.
BY adding to
Article - Natural Resources
Section 8-1808.1
Annotated Code of Maryland
Replacement Volume
and 1985 Supplement)
Preamble
HOUSE BILL No. 1434
8-1809.
(d)(1) Within 30 days after
a program is submitted, the
Commission shall appoint a
panel of 5 of its members to
conduct, in the affected
jurisdiction, a public hearing of
Ihe proposed program.
SECTION 2, AND BE IT
FURTHER ENACTED, That
this Act shall take effect June
1, 1986.
Chapter 602
AN ACT concerning
Chesapeake Bay Critical
Areas-Growth Allocation in the
Resource Conservation Area
FOR the purpose of adding to
criteria adopted by the
Chesapeake Bay Critical Area
Commission certain conditions
on development in the Critical
Area; authorizing certain types
of new development in certain
portions of the Critical Area;
establishing certain
requirements that local
jurisdictions will have to meet
in planning for and permitting
certain types of new
development in certain
WHEREAS, To protect the
Chesapeake Bay, the General
Assembly enacted Chapter
794 of the Acts of 1984; and
WHEREAS, Under Chapter
794 of the Acts of 1984, the
Chesapeake Bay Critical Area
Commission adopted
regulations under COMAR
14.15.02.05 and .06
concerning the development in
Resource Conservation Areas
of the Critical Area; and
WHEREAS, The General
Assembly intends, this Act to
authorize certain additional
types of development and to
add certain conditions on new
development in the Resource
Conservation Area; now,
therefore,
SECTION 1.BEIT
ENACTED BY THE GENERAL
ASSEMBLY OF MARYLAND,
That the Laws of Maryland
read as follows:
Article-Natural Resources
8-1808.1
(A) THIS SECTION IS
INTENDED TO ESTABLISH
CONDITIONS FOR
DEVELOPMENT IN THE
CHESAPEAKE BAY
CRITICAL AREA IN
ADDITION TO THOSE
ESTABLISHED IN CRITERIA
OF THE COMMISSION,
HOWEVER, IN THE EVENT
OF ANY INCONSISTENCY
BETWEEN THE CRITERIA
AND THE PROVISIONS OF
THIS SECTION, THIS
SECTION SHALL CONTROL.
(B) WHEN LOCATING
NEW INTENSELY
DEVELOPED OR LIMITED
DEVELOPMENT AREAS,
LOCAL JURISDICTIONS
SHALL USE THE
FOLLOWING GUIDELINES:
(1) NEW INTENSELY
DEVELOPED AREAS
SHOULD BE LOCATED IN
LIMITED DEVELOPMENT
AREAS OR ADJACENT TO
EXISTING INTENSELY
DEVELOPED AREAS;
(2) NEW LIMITED
DEVELOPMENT AREAS
SHOULD BE LOCATED
ADJACENT TO EXISTING
LIMITED DEVELOPMENT
AREAS OR INTENSELY
DEVELOPED AREAS;
(3) EXCEPT AS
PROVIDED IN PARAGRAPH
(5) OF THIS SUBSECTION,
NO MORE THAN HALF OF
THE EXPANSION
ALLOCATED IN THE
CRITERIA OF THE
COMMISSION MAY BE
LOCATED IN RESOURCE
CONSERVATION AREAS;
(4) NEW INTENSELY
DEVELOPED OR LIMITED
DEVELOPMENT AREA TO
BE LOCATED IN THE
RESOURCE
CONSERVATION AREA
SHALL CONFORM TO ALL
CRITERIA OF THE
COMMISSION FOR SUCH
AREAS AND SHALL BE
DESIGNATED ON THE
COMPREHENSIVE ZONING
MAP SUBMITTED BY THE
LOCAL JURISDICTION AS
PART OF ITS APPLICATION
TO THE COMMISSION FOR
PROGRAM APPROVAL OR
AT A LATER DATE IN
COMPLIANCE WITH
8-1809(G)OFTHIS
SUBTITLE; AND
(5) INCALVERT,
CAROLINE, CECIL,
CHARLES, DORCHESTER,
KENT, QUEEN ANNE'S, ST.
MARY'S, SOMERSET,
-------
TALBOT, WICOMICO, AND
WORCESTER COUNTIES. IF
THE COUNTY IS UNABLE TO
UTILIZE A PORTION OF THE
GROWTH ALLOCATED TO
THE COUNTY IN
PARAGRAPHS (1) AND (2)
OF THIS SUBSECTION
WITHIN OR ADJACENT TO
EXISTING INTENSELY
DEVELOPED OR LIMITED
DEVELOPMENT AREAS AS
DEMONSTRATED IN THE
LOCAL PLAN APPROVED BY
THE COMMISSION, THEN
THAT PORTION OF THE
ALLOCATED EXPANSION
WHICH CANNOT BE SO
LOCATED MAY BE LOCATED
IN THE RESOURCE
CONSERVATION AREA IN
ADDITION TO THE
EXPANSION ALLOCATED IN
PARAGRAPH (3) OF THIS
SUBSECTION. A
DEVELOPER SHALL BE
REQUIRED TO CLUSTER
ANY DEVELOPMENT IN AN
AREA OF EXPANSION
AUTHORIZED UNDER THIS
PARAGRAPH.
(C) IN CALCULATING THE
1-IN-20 ACRE DENSITY OF
DEVELOPMENT THAT IS
PERMITTED ON A PARCEL
LOCATED WITHIN THE
RESOURCE
CONSERVATION AREA, A
LOCAL JURISDICTION MAY
PERMIT THE AREA OF ANY
PRIVATE WETLANDS
LOCATED ON THE
PROPERTY TO BE
INCLUDED, UNDER THE
FOLLOWING CONDITIONS:
(1) THE DENSITY OF
DEVELOPMENT ON THE
UPLAND PORTION OF THE
PARCEL MAY NOT EXCEED
1 DWELLING UNIT PER 8
ACRES; AND
(2) THE AREA OF
PRIVATE WETLANDS SHALL
BE ESTIMATED ON THE
BASIS OF VEGETATIVE
INFORMATION AS
DESIGNATED ON THE
STATE WETLANDS MAPS.
SECTION 2. AND BE IT
FURTHER ENACTED, That
this Act shall take effect June
1,1986.
CHAPTER 603
AN ACT concerning
hesapeake Bay Critical
Area-lntrafamily Transfers
FOR the purpose of
authorizing a person to
subdivide a single parcel of
and of a certain size in the
Chesapeake Bay Critical Area
into a certain number of
parcels if the conveyances are
only to family members;
providing for the scope,
application, and effect of this
Act; making stylistic changes;
defining certain terms;
authorizing a local jurisdiction
to make certain submissions
the Chesapeake Bay Critical
Area Commission under this
Act; authorizing a local
urisdiction to permit certain
ntrafamily transfers under
certain circumstances;
providing for the subdivision of
certain parcels of land subject
to certain laws; providing for
certain powers and duties of a
local jurisdiction under this Act;
and generally relating to
certain intrafamily transfers in
the Critical Area
BY adding to
Article - Natural Resources
Sectipn8-1801.1
Annotated Code of Maryland
(1983 Replacement Volume
and 1985 Supplement)
Preamble
WHEREAS, To protect the
hesapeake Bay, the General
Assembly enacted Chapter
794 of the Acts of 1984; and
SECTION 1.BEIT
ENACTED BY THE GENERAL
ASSEMBLY OF MARYLAND,
That the Laws of Maryland
read as follows:
Article - Natural Resources
8-1808.1
WHEREAS, The General
Assembly intends this Act to
control over any regulation of
the Commission to allow for
intrafamily transfers of certain
parcels of land in the Critical
Area; now, therefore,
(A)(1) IN THIS SECTION,
THE FOLLOWING WORDS
HAVE THE MEANINGS
INDICATED.
(2) "BONAFIDE
INTRAFAMILY TRANSFER"
MEANS A TRANSFER TO A
MEMBER OF THE OWNER'S
IMMEDIATE FAMILY OF A
PORTION OF THE OWNER'S
PROPERTY FOR THE
PURPOSE OF
ESTABLISHING A
RESIDENCE FOR THAT
to FAMILY MEMBER.
(3) "IMMEDIATE FAMILY"
MEANS A FATHER,
MOTHER, SON, DAUGHTER,
GRANDFATHER,
GRANDMOTHER,
GRANDSON, OR
GRANDDAUGHTER.
(B) NOTWITHSTANDING
DENSITY LIMITATIONS
ESTABLISHED IN CRITERIA
OF THE COMMISSION, AS
PART OF ITS LOCAL
PROGRAM, A LOCAL
JURISDICTION MAY SUBMIT
PROVISIONS BY WHICH AN
OWNER OF A PARCEL OF
LAND IN THE RESOURCE
CONSERVATION AREA MAY
BE PERMITTED TO MAKE
BONA FIDE INTRAFAMILY
TRANSFERS.
(C) IF A LOCAL
JURISDICTION INCLUDES
PROVISIONS FOR BONA
FIDE INTRAFAMILY
TRANSFERS AS PART OF
ITS LOCAL PROGRAM, THE
LOCAL JURISDICTION
SHALL PERMIT A BONA
FIDE INTRAFAMILY
TRANSFER TO BE MADE
ONLY FROM PARCELS OF
LAND THAT:
(1) WERE OF RECORD
ON MARCH 1, 1986; AND
(2) ARE 7 ACRES OR
MORE AND LESS THAN 60
ACRES IN SIZE.
(D) A BONA FIDE
INTRAFAMILY TRANSFER
ROM A PARCEL OF LAND
SHALL BE A SUBDIVISION
OF THE PARCEL OF LAND
THAT IS SUBJECT TO
LOCAL APPROVAL UNDER
THE SUBDIVISION
ONTROL" SUBTITLE OF
ARTICLE 66b, UNDER TITLE
7 OF ARTICLE 28 OF THE
ODE, OR UNDER ANY
SUBDIVISION CONTROL
PROVISIONS OF A
HARTER COUNTY.
(E)(1) A LOCAL
JURISDICTION MAY
APPROVE THE
SUBDIVISION OF A PARCEL
OF LAND INTO THE
NUMBER OF LOTS
INDICATED IN THIS
SUBSECTION BY MEANS OF
A BONA FIDE INTRAFAMILY
TRANSFER, AND MAY NOT
APPROVE ANY GREATER
SUBDIVISION OF THE
PARCEL OF LAND OR ANY
PORTION OF IT.
(2) A PARCEL THAT IS 7
ACRES OR MORE AND LESS
THAN 12 ACRES IN SIZE
MAY BE SUBDIVIDED INTO 2
LOTS.
(3) A PARCEL THAT IS 12
ACRES OR MORE AND LESS
THAN 60 ACRES IN SIZE
MAY BE SUBDIVIDED INTO 3
LOTS. THE LOTS MAY BE
CREATED AT DIFFERENT
TIMES.
(F)(1) AS A CONDITION OF
APPROVAL, A LOCAL
JURISDICTION SHALL
REQUIRE THAT:
(1) ANY DEED FOR A LOT
THAT IS CREATED BY A
BONA FIDE INTRAFAMILY
TRANSFER SHALL CONTAIN
A COVENANT STATING
THAT THE LOT IS CREATED
SUBJECT TO THE
PROVISION OF THIS
SECTION; AND
(II) A LOT CREATED BY A
BONA FIDE INTRAFAMILY
TRANSFER MAY NOT BE
CONVEYED
-------
SUBSEQUENTLY TO ANY
PERSON OTHER THAN A
MEMBER OF THE OWNER"S
IMMEDIATE FAMILY,
EXCEPT UNDER
PROCEDURES
ESTABLISHED PURSUANT
TO SUBSECTION (G) OF
THIS SECTION.
(2) THIS SUBSECTION
DOES NOT PREVENT THE
CONVEYANCE OF THE LOT
TO A THIRD PARTY AS
SECURITY FOR A
MORTGAGE OR DEED OF
TRUST.
(G) IF A LOCAL
JURISDICTION INCLUDES
PROVISIONS FOR BONA
FIDE INTRAFAMILY
TRANSFERS AS PART OF
ITS LOCAL PROGRAM, THE
LOCAL JURISDICTION
SHALL ESTABLISH
STANDARDS AND
PROCEDURES, SUBJECT
THE APPROVAL OF THE
COMMISSION, BY WHICH
THE LOCAL JURISDICTION
WILL PERMIT THE
SUBSEQUENT
CONVEYANCE OF LOTS TO
PERSONS OTHER THAN
IMMEDIATE FAMILY
MEMBERS. THE
STANDARDS AND
PROCEEDS SHALL ASSURE
THAT:
(1) THE LOT WAS
CREATED AS PART OF A
BONA FIDE INTRAFAMILY
TRANSFER AND NOT WITH
THE INTENT OF
SUBDIVIDING THE
ORIGINAL PARCEL OF LAND
FOR PURPOSES OF
ULTIMATE COMMERCIAL
SALE; AND
(2)(1) A CHANGE IN
CIRCUMSTANCES HAS
OCCURRED SINCE THE
ORIGINAL TRANSFER WAS
MADE THAT IS NOT
INCONSISTENT WITH THIS
SUBTITLE AND THAT
WARRANTS AN EXCEPTION;
OR
(II) OTHER
CIRCUMSTANCES THAT
ARE CONSISTENT WITH
THIS SUBTITLE AND WITH
THE COMMISSION'S
RITERIA TO MAINTAIN
LAND AREAS NECESSARY
TO SUPPORT THE
PROTECTIVE USES OF
AGRICULTURE, FORESTRY,
OPEN SPACE, AND
NATURAL HABITATS IN
RESOURCE
CONSERVATION AREAS
WARRANT AN EXCEPTION.
SECTION 2. AND BE IT
FURTHER ENACTED, That
this Act shall take effect June
1, 1986.
CHAPTER 604
AN ACT concerning
Chesapeake Bay Critical
Area-Impervious Surfaces
Limitation
TO FOR the purpose of prohibiting
the Chesapeake Bay Critical
Area Commission from
establishing an impervious
surfaces limitation greater than
certain amounts unless
approved by the General
Assembly; providing for the
scope, application, and effect
of this Act; and generally
relating to impervious surfaces
limitations.
BY adding to
Article - Natural Resources
Section 8-1808.1
Annotated Code of Maryland
(1983 Replacement Volume
and 1985 Supplement)
Preamble
WHEREAS, To protect the
Chesapeake Bay, the General
Assembly enacted Chapter
794 of the Acts of 1984; and
WHEREAS, Under Chapter
794 of the Acts of 1984, the
Chesapeake Bay Critical Area
Commission adopted
regulations under COMAR
14.15.02.02 to provide for
general policies for
development in the Critical
Area; and
WHEREAS, The General
,ssembly intends this Act to
[prevent the impervious
surfaces limitation that is
greater than a certain
{percentage unless the General
.ssembly specifically approves
;he action; now, therefore.,
SECTION! BEIT
ENACTED BY THE GENERAL
ASSEMBLY OF MARYLAND,
That the Laws of Maryland
read as follows:
Article - Natural Resources
8-1808.1
(A) THIS SECTION
APPLIES
NOTWITHSTANDING;
(1) ANY OTHER
PROVISION OF THIS
SUBTITLE; OR
(2) ANY CRITERIA OR
GUIDELINE OF THE
COMMISSION ADOPTED
UNDER THIS SUBTITLE,
(B) THIS SECTION
CONTROLS OVER ANY
OTHER REQUIREMENT
CONCERNING IMPERVIOUS
SURFACES LIMITATIONS IN
THE CRITICAL AREA.
(C) FOR STORMWATER
RUNOFF, MAN-CAUSED
IMPERVIOUS AREAS SHALL
BE LIMITED TO 15 PERCENT
OF A PARCEL TO BE
DEVELOPED. HOWEVER,
IMPERVIOUS SURFACES ON
ANY LOT NOT EXCEEDING 1
ACRE IN SIZE IN A
SUBDIVISION APPROVED
AFTER JUNE 1, 1986 MAY
BE UP TO 25 PERCENT OF
THE LOT.
- SECTION 2. AND BE IT
FURTHER ENACTED, That
this Act shall take effect June
1, 1986.
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The Criteria
14.15.01 General Provisions
.01 Definitions.
A. As used in this subtitle,
the following terms have the
meanings indicated.
B. Terms Defined.
(1) "Afforestation" means
the establishment of a tree
crop on an area from which it
has always or very long been
absent, or the planting of open
areas which are not presently
in forest cover.
(2) "Agriculture" means all
methods of production and
management of livestock,
crops, vegetation, and soil.
This includes, but is not limited
to, the related activities of
tillage, fertilization, pest
control, harvesting, and
marketing. It also includes,
is not limited to, the activities
of feeding, housing, and
maintaining of animals such as
cattle, dairy cows, sheep,
goats, hogs, horses, and
poultry and handling their by
products.
(3) "Agricultural easement"
menas a non-possessory
interest in land which restricts
the conversion of use of the
land, preventing
non-agricultural uses.
(4) "Anadromous fish"
means fish that travel
upstream (from their primary
habitat in the ocean) to
freshwaters in order to spawn.
(5) "Aquaculture" means (a)
the farming or culturing of
finfish, shellfish, other aquatic
plants or animals, or both, in
lakes, streams, inlets,
estuaries, and other natural or
artificial water bodies or
impoundments, (b) Activities
include the hatching,
cultivating, planting, feeding,
raising, and harvesting of
aquatic plants and animals and
the maintenance and
construction of necessary
equipment, buildings, and
growing areas, (c) Cultivation
methods include, but are not
imited to, seed or larvae
development and growout
acilities, fish pens, shellfish
rafts, tacks and longlines,
seaweed floats and the culture
of clams and oysters on
idelands and subtidal areas.
For the purpose of this
definition, related activities
uch as wholesale and retail
sales, processing and product
storage facilities are not
considered aquacultural
practices.
(6) "Barren land" means
unmanaged land having
sparse vegetation.
(7) "Best Management
Practices (BMPs)" means
conservation practices or
systems of practices and
management measures that
control soil loss and reduce
water quality degradation
caused by nutrients, animal
but waste, toxics, and sediment.
Agricultural BMPs include, but
are not limited to, strip
cropping, terracing, contour
stripping, grass waterways,
animal waste structures,
ponds, minimal tillage, grass
and naturally vegetated filter
strips, and proper nutrient
application measures.
(8) "Buffer" means a
naturally vegetated area or
vegetated area established or
managed to protect aquatic,
wetland, shoreline, and
terrestrial environments from
man-made disturbances.
(9) "Clearcutting" means
the removal of the entire stand
of trees in one cutting with
reproduction obtained by
natural seeding from adjacent
stands or from trees that were
cut, from advanced
regeneration or stump sprouts,
or from planting of seeds or
seedlings by man.
(10) "Cluster development"
means a residential
development in which dwelling
units are concentrated in a
selected area or selected
areas of the development tract
so as to provide natural habitat
or other open space uses on
the remainder.
(11) "Colonial nesting water
birds" means herons, egrets,
erns, and glossy ibis. For
)urposes of nesting, these
)irds congregate (that is
'colonize") in relatively few
areas, at which time, the
egional populations of these
species are highly susceptible
o local disturbances.
(12) "Commercial
harvesting" means a
commercial operation that
would alter the existing
composition or profile, or both,
of a forest, including all
commercial cutting operations
done by companies and
private individuals for
economic gain.
(13) "Commission" means
the Chesapeake Bay Critical
Area Commission.
(14) "Community piers"
means boat docking facilities
associated with subdivisions
and similar residential areas,
and with condominium,
apartment, and other
multiple-family dwelling units.
Drivate piers are excluded
from this definition.
(15) "Comprehensive or
master plan" means a
compilation of policy
statements, goals, standards,
maps, and pertinent data
relative to the past, present,
and future trends of the local
urisdiction including, but not
imited to, its population,
housing, economics, social
patterns, land use, water
resources and their use,
sportation facilities, and
public facilities, prepared by or
For the planning board, agency,
or office.
(16) "Conservation
easement" means a
non-possessory interest in land
which restricts the manner in
which the land may be
developed in an effort to
reserve natural resources for
future use.
(17) "Cover crop" means
the establishment of a
vegetative cover to protect
soils from erosion and to
restrict pollutants from
he waterways. Cover crops
can be dense, planted crops of
grasses or legumes, or crop
esidues such as corn, wheat,
or soybean stubble which
maximize infiltration and
prevent runoff from reaching
rosive velocities.
(18) "Critical Area" means
all lands and waters defined in
Section 8-1807 of the Natural
Resources Article, Annotated
3ode of Maryland. They
nclude:
(a) all waters of and lands
under the Chesapeake Bay
and its tributaries to the head
of tide as indicated on the
State and private wetlands
designated under Title 9 of the
Natural Resources Article,
Annotated Code of Maryland;
(b) all land and water areas
within 1,000 feet beyond the
andward boundaries of State
or private wetlands and the
heads of tides designated
under Title 9 of the Natural
Resources Article, Annotated
ode of Maryland; and
(c) modification to these
areas through inclusions or
exclusions proposed by local
urisdictions and approved by
the Commission as specified in
Section 8-1807 of the Natural
Resources Article, Annotated
Code of Maryland.
(19) "Density" means the
number of dwelling units per
acre within a defined and
measurable area.
(2) "Developed woodlands"
means those areas of 1 acre
or more in size which
predominantly contain trees
and natural vegetation and
which also include residential,
commercial, or industrial
structures and uses.
(21) "Development
activities" means the
construction or substantial
alteration of residential,
commercial, industrial,
institutional, or transportation
facilities or structures.
(22) "Documented breeding
bird areas" means forested
areas where the occurrence of
birds, during
entering interior dwelling
-------
the breeding season, has
demonstrated as a result of
on-site surveys using standard
biological survey techniques.
(23) "Ecosystem" means a
more or less self-contained
biological community together
with the physical environment
in which the community's
organisms occur.
(24) "Excess stormwater
run-off" means all increases in
stormwater resulting from:
(a) An increase in the
imperviousness of the site,
including all additions to
building, roads, and parking
lots;
(b) Changes in permeability
caused by compaction during
construction or modifications in
contours, including the filling or
drainage of small depression
areas;
(c) Alteration of
drainageways, or regarding of
slopes;
(d) Destruction of forest; or
(e) Installation of collection
systems to intercept street
flows or to replacde swales or
other drainageways.
(25) "Fisheries activities"
means commercial water
dependent fisheries facilities
including structures for the
packing, processing, canning,
or freezing of finfish,
crustaceans, mollusks, and
amphibians and reptiles and
also including related activities
such as wholesale and retail
sales product storage facilities,
crab shedding, off-loading
docks, shellfish culture
operations, and shore-based
facilities necessary for
aquaculture operations.
(26) "Forest" means a
biological community
dominated by trees and other
woody plants covering a land
area of 1 acre of more. This
also includes forests that have
been cut, but not cleared.
(27) "Forest Interior
Dwelling Birds" means species
of birds which require relatively
large forested tracts in order to
breed successfully (for
example, various species of
been flycatchers,
, warblers, vircos,
and woodpeckers).
(28) "Forest management"
means the protection,
manipulation, and utilization of
the forest to provide multiple
benefits, such as timber
harvesting, water transpiration,
wildlife habitat, etc.
(29) "Forest practice"
means the alteration of the
forest either through tree
removal or replacement in
order to improve the timber,
wildlife, recreational, or water
quality values.
(30) "Highly erodible soils"
means those soils with a slope
greater than 15 percent; or
those soils with a K value
greater than .35 and with
slopes greater than 5 percent.
(31) "Historic waterfowl
staging and concentration
area" means an area of open
water and adjacent marshes
where waterfowl gather during
migration and throughout the
winter season. These areas
are "historic" in the sense that
their location is common
knowledge and because these
areas have been used
regularly during recent times.
(32) "Hydric soils" means
soils that are wet frequently
enough to periodically produce
anacerobic conditions, thereby
influencing the species
composition or growth, or both,
of plants on those soils.
(33) "Hydrophytic
vegetation" means those
plants cited in "Vascular Plant
Species Occurring in Maryland
Wetlands" (Dawson, F. et al.,
1985) which are described as
growing in water or on a
substrate that is at least
periodically deficient in oxygen
as a result of excessive water
content (plants typically found
in water habitats).
(34) "K Value" means the
soil credibility factor in the
Universal Soil Loss Equation.
It is a quantitative value that is
experimentally determined.
(35) "Land-based
aquaculture" means the raising
of fish or shellfish in any
natural or man-made, enclosed not
or impounded, water body.
(36) "Land clearing" means
any activity that removes the
vegetative ground cover.
(37) "Landforms" means
features of the earth's surface
created by natural causes.
(38) "Marina" means any
facility for the mooring,
berthing, storing, or securing
watercraft, but not including
community piers and other
non-commercial boat docking
and storage facilities.
(39) "Mean High Water
Line" means the average level
of high tides at a given
location.
(40) "Natural Heritage
Area" means any communities
of plants or animals which are
considered to be among the
best Statewide examples of
their kind, and are designated
by regulation by the Secretary
of the Department of Natural
Resources.
(41) "Natural vegetation"
means those plant
communities that develop in
the absence of human
activities.
(42) "Nature-dominated"
means a condition where
landforms or biological
communities, or both, have
developed by natural
processes in the absence of
human intervention.
(43) "Natural features"
means components and
processes present in or
produced by nature, including
but not limited to, soil types,
geology, slopes, vegetation,
surface water, drainage
patterns, aquifers, recharge
areas, climate, flood plains,
aquatic life, and wildlife.
(44) "Non-point source
pollution" means pollution
generated by diffuse land use
activities rather than from an
identifiable or discrete facility.
It is conveyed to waterways
through natural processes,
such as rainfall, storm runoff,
or ground water seepage
than by deliberate discharge.
Non-point source pollution is
generally corrected by
'end-of-pipe" treatment, but
rather, by changes in land
management practices.
(45) "Non-renewable
resources" means resources
that are not naturally
regenerated or renewed.
(46) "Non-tidal wetlands"
means those lands in the
Area, excluding tidal
wetlands regulated under Title
9 of Natural Resources Article,
Annotated Code of Maryland,
where the water table is
usually at or near the surface,
or lands where the soil or
substrate is covered by
shallow water at some time
during the growing season.
These regulations apply to the
Palustrine class of non-tidal
wetlands as defined in
'Classification of Wetlands and
Deepwater Habitats of the
United States" (Publication
FWS/ODS-79/31, December
1979) and as identified on the
National Wetlands Inventory
maps, or which may be
identified by site survey at the
time of application for a
development activity. These
lands are usually characterized
by one or both of the following:
(a) At least periodically, the
lands support predominantly
hydrophytic vegetation;
(b) The substrate is
predominantly undrained
hydric soils.
(47) "Offsets" means
structures or actions that
compensate for undesirable
impacts.
(48) "Open space" means
land and water areas retained
in an essentially undeveloped
state.
(49) "Overburden" means
the strata or material in its
natural state, before its
removal by surface mining,
overlying a mineral deposit, or
in between mineral deposits.
(50) "Palustrine" means all
non-tidal wetlands dominated
by trees, shrubs persistent
plants, or emergent
mosses or lichens and all such
wetlands that occur in tidal
rather emergent i
-------
areas where the salinity due to
ocean-derived salts is below
one-half part per 1.000 parts of
water.
(51) "Physiographic
features" means the soils,
topography, land slope and
aspect, and local climate that
influence the form and species
composition of plant
communities.
(52) "Port" means a facility
or area established or
designated by the State or
local jurisdictions for purposes
of water-bourne commerce.
(53) "Private harvesting"
means the cutting and removal
of trees for personal use.
(54) "Project approvals"
means the approval of
development, other than
development by a State or
local government agency, in
the Chesapeake Bay Critical
Area by the appropriate local
approval authority. The term
includes approval of
subdivision plats and site
plans; inclusion of areas within
floating zones; issuance of
variances, special exceptions,
and conditional use permits;
and issuance of zoning
permits. The term does not
include building permits.
(55) "Public water-oriented
recreation" means
shore-dependent recreation
facilities or activities provided
by public agencies which are
available to the general public.
(56) "Reclamation" means
the reasonable rehabilitation of
disturbed land for useful
purposes, and the protection o
the natural resources of
adjacent areas, including
waterbodies.
(57) "Redevelopment"
means the process of
developing land which is or
has been developed.
(58) "Reforestation" means
the establishment of a forest
through artificial reproduction
or natural regeneration.
(59) "Renewable resource"
means a resource that can
renew or replace itself and,
therefore, with proper
management, can be
harvested indefinitely.
(60) "Riparian habitat"
means a habitat that is
strongly influenced by water
and which occurs adjacent to
streams, shorelines, and
wetlands.
(61) "Seasonally flooded
water regime" means a
condition where surface water
is present for extended
periods, especially early in the
growing season, and when
surface water is absent, the
water table is often near the
land surface.
(62) "Selection" means the
removal of single, scattered,
mature trees or other trees
from uneven-aged stands by
frequent and periodic cutting
operations.
(63) "Significantly eroding
areas" means areas that erode
2 feet or more per year.
(64) "Species in need of
conservation" means those
fish and wildlife whose
continued existence as part of
the State's resources are in
question and which may be
designated by regulation by
the Secretary of Natural
Resources as in need of
conservation pursuant to the
requirements of Natural
Resources Article, 10-2A-06
and 4-2A-03, Annotated Code
of Maryland.
(65) "Spoil pile" means the
overburden and reject
materials as piled or deposited
during surface mining.
(66) "Soil Conservation and
I Water Quality Plans" means
land-use plans for farms that
show farmers how to make the
best possible use of their soil
and water resources while
protecting and conserving
those resources for the future.
It is a document containing a
map and related plans that
indicate:
(a) How the landowner
plans to treat a farm unit;
(b) Which best
management practices the
landowner plans to install to
treat undesirable conditions;
and
(c) The schedule for
applying those Best
Management Practices.
(67) "Steep slopes" means
slopes of 15 percent or greater
incline.
(68) "Thinning" means a
forest practice used to
accelerate tree growth of
quality trees in the shortest
interval of time.
(69) "Topography" means
the existing configuration of
the earth's surface including
the relative relief, elevation,
and position of land features.
(70) "Transitional habitat"
means a plant community
whose species are adapted to
the diverse and varying
environmental conditions that
occur along the boundary that
separates aquatic and
terrestrial areas.
(71) "Transportation
facilities" means anything that
is built, installed, or established
to provide a means of
transport from one place to
another.
(72) "Tributary streams"
means those perennial and
intermittent streams in the
Critical Area which are so
noted on the most recent U. S
Geological Survey 7 1/2
minute topographic
quandrangle maps (scale
1:24,000) or on more detailed
maps or studies at the
discretion of the local
jurisdictions.
(73) "Utility transmission
facilities" means fixed
structures that convey or
distribute resources, wastes,
or both, including, but not
limited to, electric lines, water
conduits, and sewer lines.
(74) "Wash plant" means a
facility where sand and gravel
is washed during processing.
(75) "Water-based
aquaculture" means the raising
of fish and shellfish in any
natural, open, free-flowing
water body.
(76) "Water-use industry"
means an industry that
equires location near the
shoreline because it utilizes
surface waters for cooling or
other internal purposes.
(77) "Waterfowl" means
birds which frequent and often
swim in water, nest and raise
their young near water, and
derive at least part of their food
from aquatic plants and
animals.
(78) "Wildlife corridor"
means a strip of land having
vegetation that provides
habitat and a safe passageway
for wildlife.
.02 Explanation of Certain
Terms.
Every provision of this
Subtitle constitutes part of the
criteria for program
development" within the
meaning and intent of Natural
Resources Article, §8-1808(d),
whether that provision is
termed a "definition", "general
policy", "policy", or "criteria".
14.15.02 Development
In the Critical Area
.01 Introduction.
The Commission is charged
with the development of
criteria that will accommodate
growth, and also provide for
the conservation of habitat and
the protection of water quality
in the Critical Area. In this
Chapter, criteria are proposed
for directing managing, and
controlling development (e.g.,
residential, commercial,
industrial and related facilities)
so that the adverse impacts of
growth in the Critical Area are
minimized. These criteria are
based on the general policies
found in Regulation 02.
.02 General Policies.
A. In order to recognize
already existing land uses and
development in the Critical
Area, the Commission
recognizes these three types
of development areas:
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(1) I ntensely developed
Areas;
(2) Limited Development
Areas; and
(3) Resource Conservation
Areas.
B. Within each jurisdiction,
intense development should
directed outside the Critical
Area. Future intense
development activities, when
proposed in the Critical Area,
shall be directed towards the
Intensely Developed Areas.
C. Additional low intensity
development may be
in the Limited Development
areas, but shall be subject to
strict regulation to prevent
adverse impacts on habitat
and water quality.
D. Development shall be
limited in the Resource
Conservation Area, which shall
be chiefly designated for
agriculture, forestry, fisheries
activities, other resource
utilization activities and for
habitat protection.
E. Local jurisdictions shall
identify each of the three areas
within their jurisdiction based
on the criteria to follow, and
develop policies and programs
to achieve the objectives as
proposed by the Commission.
F. Certain new
development, or
redevelopment activities or
facilities, because of their
intrinsic nature, or because of
their potential for adversely
affecting habitats or water
quality, may not be permitted
in the Critical Area except in
Intensely Developed Areas
under Regulation .03 of this
Chapter, and only after the
activity or facility has
demonstrated to all
local and State permitting
agencies that there will be a
net improvement in water
quality to the adjacent body of
water. These activities
include, the following:
(1) Non-maritime heavy
industry;
(2) Transportation facilities
and utility transmission
facilities, except those
be handling,
permitted application
appropriate facilities
necessary to serve permitted
uses, or where regional or
interstate facilities must cross
tidal waters (utility
transmission facilities do not
include power plants; or
(3) Permanent sludge
, storage and disposal
facilities, other than those
associated with wastewater
treatment facilities. However,
agricultural or horticultural use
of sludge under appropriate
approvals when applied by an
approved method at approved
rates may be
permitted in the Critical Area,
except in the 100 foot Buffer.
(4) Local jurisdictions may
preclude additional
development activities that
they consider detrimental to
water quality or fish, wildlife, or
plant habitats within their
jurisdictions.
G. Certain new
development activities or
facilities, or the expansion of
certain existing facilities,
because of their intrinsic
nature, or because of their
potential for adversely
affecting habitat and water
quality, may not be permitted
in the Critical Area unless no
environmentally acceptable
alternative exists outside the
Critical Area, and these
development activities or
facilities are needed in order to
correct an existing water
quality or wastewater
management problem. These
include:
(1) Solid or hazardous
waste collection or disposal
facilities; or
(2) Sanitary landfills.
H. Existing, permitted
of the type noted in
G(1) and (2), above shall be
subject to the standards and
requirements of the Maryland
Department of Health and
Mental Hygiene, under
COMAR Title 10.
03 Intensely Developed
Areas.
A. Intensely Developed
Areas are those areas where
residential, commercial,
institutional, and/or industrial
developed land uses
predominate, and where
relatively little natural habitat
occurs. These areas shall
have at least one of the
following features:
(1) Housing density equal
to or greater than four dwelling
units per acre;
(2) Industrial, institutional,
or commercial uses are
concentrated in the area; or
(3) Public sewer and water
collection and distribution
systems are currently serving
the area and housing density i.
greater than three dwelling
units per acre.
B. In addition, these
features shall be concentrated
in an area of at least 20
adjacent acres, or that entire
upland portion of the Critical
Area within the boundary of a
municipality, whichever is less.
C. In developing their
ritical Area Programs, local
urisdiction shall follow these
policies when addressing
Intensely Developed Areas:
(1) Improve the quality of
runoff from developed areas
that enters the Chesapeake
Bay or its tributary streams;
(2) Accommodate
additional development of the
type and intensity designated
by the local jurisdiction
provided that water quality is
not impaired;
(3) Minimize the expansion
of Intensely Developed Areas
into portions of the Critical
Area designated as Habitat
Protection Areas under
COMAR 14.15.09 and
Resource Conservation Areas
under Regulation .05 of this
Chapter;
(4) Conserve and enhance
Fish, wildlife, and plant
habitats, as identified in
COMAR 14.15.09, to the
extent possible, within
Intensely Developed Areas;
and
(5) Encourage the use of
retrofitting measures to
address existing stormwater
management problems.
D. In developing their
Critical Area Programs, local
jurisdictions shall use the
Following criteria for Intensely
Developed Areas:
(1) Local jurisdictions shall
develop a strategy to reduce
the impacts on water quality
that are generated by existing
development. This shall
include an assessment of
water quality and impacts to
biological resources prompted
by community redevelopment
plans and programs and may
further include a public
is education program, the
implementation of urban best
management practices, and
the use of such techniques are
as outlined in D(9)(a), below.
(2) Development and
redevelopment shall be subject
to the Habitat Protection Area
criteria prescribed in
COMAR 14.15.09.
(3) Stormwater.
(a) The local jurisdiction
hall require, at the time of the
development or
redevelopment, technologies
as required by applicable State
and local ordinances to
minimize adverse impacts to
water quality caused by
stormwater.
(b) In the case of
redevelopment, if these
technoligies do not reduce
pollutant loadings by at least
10 percent below the level of
pollution on the site prior to
redevelopment, then offsets
shall be provided.
(c) In the case of new
development, offsets as
determined by the local
jurisdiction shall be used if they
reduce pollutant loadings by at
least 10 percent of the
predevelopment levels.
(d) Offsets may be provided
either on or off site, provided
that water quality benefits are
equivalent, that their benefits
are obtained within the same
watershed, and that the
benefits can be determined
through the use of modeling,
monitoring, or other
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computation of mitigation
measures.
(4) If practicable,
permeable areas shall be
established in vegetation, and
whenever possible,
redevelopment shall reduce
existing levels of pollution.
(5) Areas of public access
to the shoreline, such as foot
paths, scenic drives, and other
public recreational facilites,
should be maintained and, if
possible, encouraged to be
established within Intensely
Developed Areas.
(6) Ports and industries
which use water for
transportation and derive
economic benefits from shore
access, shall be located near
existing port facilities. Local
jurisdictions may identify other
sites for planned future port
facility development and use if
this use will provide significant
economic benefit to the State
of local jurisdiction and is
consistent with the provisions
ofCOMAR 14.15.03.03,
14.15.03.04, 14.15.03.05,
14.15.09, and other State and
federal regulations.
(7) Local jurisdictions shall
be encouraged to establish,
with assistance from the State,
programs for the enhancement
of biological resources within
the Critical Area for their
positive effects on water
quality and urban wildlife
habitat. These programs may
include urban forestry,
landscaping, gardens, wetland,
and aquatic habitat restoration
elements.
(8) To the extent
practicable, future
development shall use cluster
development as a means to
reduce impervious areas and
to maximize areas of natural
vegetation.
(9) When the cutting or
clearing of trees in forests and
developed woodland areas is
associated with current or
planned development
activities, the following shall be
required.
(a) Establishment of
programs for the enhancement
of forest and developed
woodland resources such as
programs for urban forestry
for example, street tree
plantings, gardens,
andscaping, open land buffer
plantings);
(b) Establishment by
egulation that development
activities shall be designed
mplemented to minimize
destruction of forest and
woodland vegetation; and
(c) Protection for existing
orests and developed
woodlands identified as Habitat
Protection Areas in
3OMAR 14.15.09.
04 Limited Development
Areas.
A. Limited Development
Areas are those areas which
are currently developed in low
or moderate intensity uses.
They also contain areas of
natural plant and animal
habitats, and the quality of
runoff from these areas has
not been substantially altered
or impaired. These areas shall
have at least one of the
Allowing features:
(1) Housing density ranging
Tom one dwelling unit per 5
acres up to four dwelling units
per acre;
(2) Areas not dominated by
agriculture, wetland, forest,
barren land, surface water, or
open space;
(3) Areas meeting the
conditions of Regulation .03A,
but not .036, above;
(4) Areas having public
ewer or public water, or both.
B. In developing their
Critical Area Programs, local
urisdictions shall follow these
policies when addressing
Limited Development Areas:
(1) Maintain, or if possible,
improve the quality of runoff
and groundwater entering the
Chesapeake Bay and its
tributaries;
(2) Maintain, to the extent
practicable, existing areas of
natural habitat; and
(3) Accommodate
additional low or moderate
intensity development if:
(a) This development
conforms to the water quality
and habitat protection criteria
n C, below; and
(b) The overall intensity of
development within the Limited
Development Area is not
ncreased beyond the level
sstablished in a particular area
so as to change its prevailing
;haracter as identified by
density and land use currently
established in the area.
C. In developing their
Critical Area Programs, local
urisdictions shall use all of the
following criteria for Limited
Development Areas:
(1) For all development
activities in the Limited
Development Areas, the
urisdiction shall require that
[he developer identify any
environmental or natural
eature described below, and
shall meet all of the following
standards of environmental
protection:
(a) Criteria as provided for
:he Habitat Protection Areas in
3OMAR 14.15.09, and those
:or the Water-Dependent
Facilities in COMAR 14.15.03.
(b) All roads, bridges, and
utilities that must cross a
Habitat Protection Area shall
be located, designed,
constructed, and maintained
so as to provide maximum
erosion protection and
minimize negative impacts to
wildlife, aquatic life and their
habitats and maintain
hydrologic processes and
water quality. Roads, bridges,
or utilities may not be located
in any Habitat Protection Area
unless no feasible alternative
exists.
(c) All development
activities that must cross or
affect streams shall be
designed to:
(i) Reduce increases in
flood frequency and severity
that are attributable to
development;
(ii) Retain tree canopy so
as to maintain stream water
temperature within normal
variation;
(iii) Provide a natural
substrate for streambeds; and
(iv) Minimize adverse water
quality and quantity impacts of
stormwater.
(d) All development sites
hall incorporate a wildlife
corridor system that connects
the largest undeveloped, or
most vegetative tracts of land
within and adjacent to the site
in order to provide continuity of
existing wildlife and plant
habitats with offsite habitats.
The wildlife corridor system
may include Habitat Protection
Areas identified in COMAR
14.15.09. Local jurisdictions
shall ensure the maintenance
of the wildlife corridors by
requiring the establishment of
conservation easements,
restrictive covenants, or similar
instruments through which the
corridor is preserved by public
or private groups, including
homeowners associations,
nature trusts, and other
organizations.
(2) For the cutting or
clearing of trees in forests and
developed woodland areas
which are associated with
current or planned
development activities in the
Limited Development Area, all
urisdications shall:
(a) Require that the
developer consider the
recommendations of the
Maryland Forest, Park and
Wildlife Service when planning
development on forested
lands;
(b) Provide regulations that
development activities be
designed and implemented to
minimize destruction of
woodland vegetation; and
(c) Provide protection for
forests and developed
woodlands identified as Habitat
Protection Areas in COMAR
14.15.09.
(3) For the alteration of
forest and developed
woodland in the Limited
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Development Area, the
jurisdiction shall apply all of the
following criteria:
(a) The total acreage in
forest coverage within a
jurisdiction in the Critical Area
shall be maintained, or
preferably, increased.
(b) All forests that are
allowed to be cleared or
developed shall be replaced in
the Critical Area on not less
than an equal area basis.
(c) That no more than 20
percent of any forest or
developed woodland may be
removed from forest use,
except as provided in C(4),
below. The remaining 80
percent shall be maintained
through recorded, restrictive
covenants or similar
instruments.
(d) Developed woodland
vegetation shall be conserved
to the greatest extent
practicable.
(4) For replacement of
forest and developed
woodland, if more than 20
percent is removed from forest
use, the following formula shall
apply: a developer may clear
or develop more forest than
otherwise permitted to
disturbed, if the total forest
area removed from forest use
is not increased by more than
50 percent of the area
permitted to be disturbed in
C(3)(c) above, provided that
the afforsted area shall consist
of 1.5 times the total surface
acreage of the disturbed forest
or developed woodland area,
or both.
(5) In addition, local
jurisdictions shall adhere to the
following criteria for forest and
woodland development:
(a) Local programs shall
make provision for surety to be
provided by owners or
developers in an amount
acceptable to the local
jurisdiction and suitable to
assure satisfactory
replacement as required by
C(4), above;
(b) Grading permits shall be
required before forest or
developed woodland is
cleared;
(c) Forests which have
been cleared before obtaining
a grading permit, or that
exceed the maximum area
allowed in C(4) shall be
replanted at three times the
areal extent of the cleared
forest;
(d) If the areal extent of the
site limits the application of
C(3), C(4), and C(5)(c), above,
alternative provisions or
reforestation guidelines may
be developed by the local
jurisdiction, if they are
consistent with the intent of
COMAR 14.15.05, to conserve
the forest and developed
woodland resources of the
Critical Area. Alternative
provisions may include
fees-in-lieu provisions if the
is adequate to ensure the
restoration or establishment of
an equivalent forest area;
(c) If no forest is
established on proposed
development sites, these sites
shall be planted to provide a
forest or developed woodland
cover of at least 15 percent;]
(f) All forests designated on
development plans shall be
maintained to the extent
practicable, through
conservation easements,
restrictive covenants, or other
protective instruments;
(g) The developer shall
designate, subject to the
approval of the local
jurisdiction, a new forest area
on a part of the site not
forested; and
(h) The afforested area
shall be maintained as forest
cover through easements,
restrictive covenants, or other
protective instruments.
(6) Development on slopes
greater than 15 percent, as
measured before development,
shall be prohibited unless the
project is the only effective
way to maintian or improve the
stability of the slope and is
consistent with the policies in
B, above.
(7) For stormwater runoff,
man-caused impervious areas
shall be limited to 15 percent
of the site.
(8) Local jurisdictions
should allow for modifications
in road standards to reduce
potential impacts to the site
and Critical Area resources,
where the reduced standards
do not significantly affect
safety.
(9) To reduce the extent of
impervious areas and
maximize areas of natural
vegetation, cluster
development shall be
considered when planning for
future development.
(10) Development may be
allowed on soils having
development constraints if it
includes mitigation measures
fee that adequately address the
identified constraints and that
will not have significant
adverse impacts on water
quality or plant, fish, or wildlife
habitat.
D. In developing their
ritical Area Programs, the
local jurisdictions shall refer to
all of the following
complementary existing State
iaws and regulations:
(1) For soil erosion and
sediment control (COMAR
08.05.0):
(a) In order to prevent soil
erosion and sedimentation, a
Soil Erosion and
Sedimentation Control Plan
shall be required whenever a
development within the Critical
Area will involve any clearing,
grading, transporting, or other
form of disturbance to land by
the movement of earth. This
plan shall be consistent with
the Requirements of Natural
Resources Article §§8-1101
through 8-1108, Annotated
>ode of Maryland, and local
ordinances. Sediment control
practices shall be appropriately
designed to reduce adverse
water quality impact.
(b) Jurisdictions shall
require erosion control as the
basis of sediment control plans
within the Critical Area.
(2) For stormwater runoff
(COMAR .08.05.05):
(a) Limitation on
Stormwater Runoff.
Development may not cause
downstream property,
watercourses, channels, or
conduits to receive stormwater
runoff at a higher volume or
rate than would have resulted
from a 10-year storm were the
land in its predevelopment
state.
(b) Storage Capacity. All
stormwater storage facilities
shall be designed with
sufficient capacity to achieve
water quality goals of this
Subtitle and to eliminate all
runoff caused by the
development in excess of that
which would have come from
the site if it were in its
predevelopment state.
(c) Stormwater
management measures shall
be consistent with the
requirements of Natural
Resources Article, §8-11A-01
et seq., Annotated Code of
Maryland.
05 Resource Conservation
Areas.
A. Resource Conservation
Areas are those areas
haracterized by
nature-dominated
environments (that is,
wetlands, forests, abandoned
ields) and resource-utilization
activities (that is, agriculture,
;orestry, fisheries activities, or
aquaculture). These areas
shall have at least one of the
Allowing features:
(1) Density is less than one
dwelling unit per 5 acres; or
(2) Dominant land use is in
agriculture, wetland, forest,
barren land, surface water, or
open space.
B. In developing their
Critical Area Programs, local
urisdictions shall follow these
policies when addressing
Resource Conservation Areas:
(1) Conserve, protect, and
enhance the overall ecological
values of the Critical Area, its
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biological productivity, and its
diversity;
(2) Provide adequate
breeding, feeding, and
wintering habitats for those
wildlife populations that require
the Chesapeake Bay, its
tributaries, or coastal habitats
in order to sustain populations
of those species;
(3) Conserve the land and
water resource base that is
necessary to maintain and
support land uses such as
agriculture, forestry, fisheries
activities, and aquaculture; and
(4) Conserve the existing
developed woodlands and
forests for the water quality
benefits that they provide.
C. In developing their
Critical Area Programs, local
jurisdictions shall use all of the
following criteria for Resource
Conservation Areas:
(1) Land use management
practices shall be consistent
with the policies and criteria for
Habitat Protection Areas in
COMAR 14.15.09, the policies
and criteria for Agriculture in
COMAR 14.15.06, and the
policies and criteria on
Forestry in COMAR 14.15.05.
(2) Agricultural and
conservation easements shall
be promoted in Resource
Conservation Areas.
(3) Local jurisdictions are
encouraged to develop tax or
other incentive/disincentive
programs to promote the
continuation of agriculture,
forestry, and natural habitats in
Resource Conservation Areas.
(4) Land within the
Resource Conservation Area
may be developed for
residential uses at a density
not to exceed one dwelling unit
per 20 acres. Within this limit
of overall density, minimum lot
sizes may be determined by
the local jurisdiction. Local
jurisdictions are encouraged to
consider such mechanisms as
cluster development, transfer
of development rights,
maximum lot size provisions,
and/or additional means to
maintain the land area
necessary to support the
protective uses.
(5) Existing industrial and
commercial facilities, including
those that directly support
agriculture, forestry,
aquaculture, or residential
development not exceeding
the density specified in C(4),
above, shall be allowed in
Resource Conservation Areas.
Additional land may not be
zoned for industrial or
commercial development,
except as provided in
Regulation .06, below.
(6) Local jurisdictions shall
develop a program to assure
that the overall acreage of
brest and woodland within
their Resource Conservation
Areas does not decrease.
(7) Development activity
within the Resource
onservation Area shall be
consistent with the criteria for
Jmited Development Areas in
Regulation .04.
(8) Nothing in this
regulation shall limit the ability
of a participant in the
Agriculture Easement Program
:o convey real property
impressed with such an
easement to family members
provided that no such
conveyance will result in a
density greater that 1 dwelling
unit per 20 acres.
06 Location and Extent of
Future Intensely Developed
and Limited Development
Areas.
A. Intensely Developed and
Limited Development Areas
may be increased subject to
these guidelines:
(1) The area of expansion
of Intensely Developed or
Limited Development Areas, or
both, may not exceed an area
equal to 5 percent of the
county's portion of the
Resource Conservation Area
lands that are not tidal
wetlands or federally owned;
(2) When planning future
expansion of
Intensely-Developed and
Limited Development Areas,
counties in coordination with
affected municipalities, shall
establish a process to
accommodate the growth
needs of the municipalities.
B. When locating new
ntensely Developed or Limited
Development Areas, local
urisdictions shall use these
guidelines:
(1) New Intensely
Developed Areas should be
ocated in Limited
Development Areas or
adjacent to existing Intensely
Developed Areas;
(2) New Limited
Development Areas should be
ocated adjacent to existing
Jmited Development Areas or
ntensely Developed Areas;
(3) No more than one half
of the allocated expansion may
be located in Resource
Conservation Areas;
(4) New Intensely
developed Areas and Limited
Development Areas should be
ocated in order to minimize
mpacts to Habitat Protection
Areas as specified in COMAR
14.15.09 and in an area and in
a manner that optimizes
benefits to water quality;
(5) New Intensely
Developed Areas should be
ocated where they minimize
their impacts to the defined
and uses of the Resource
conservation Area;
(6) New Intensely
Developed Areas and Limited
Development Areas in the
Resource Conservation Area
should be located at least 300
eet beyond the landward edge
of tidal wetlands or tidal
waters.
.07 Grandfathering.
A. After program approval,
local jurisdictions shall permit
the continuation, but not
necessarily the intensification
or expansion, of any use in
existence on the date of
program approval, unless the
use has been abandoned for
more than one year or is
otherwise restricted by existing
local ordinances. If any
existing use does not conform
with the provisions of a local
program, its intensification or
expansion may be permitted
only in accordance with the
variance procedures outlined
in COMAR 14.15.11.
B. Local jurisdictions shall
establish grandfather
provisions as part of their local
Critical Area Programs.
Except as otherwise provided,
ocal jurisdictions shall permit
the types of land described in
the following subsections to be
developed in accordance with
density requirements in effect
prior to the adoption of the
ocal Critical Area Program
notwithstanding the density
provisions of the Chapter. A
ocal jurisdiction shall permit a
single lot or parcel of land that
was legally of record on the
date of the program approval
:o be developed with a single
family dwelling, if a dwelling is
not already placed there,
notwithstanding that such
development may be
nconsistent with the density
Drovisions of the approved
ocal program:
(1) Any land on which
development activity has
progressed to the point of the
pouring of foundation footings
or the installation of structural
members;
(2) Any legal parcel of land,
not being part of a recorded or
approved subdivision, that was
recorded or approved
subdivision, that was recorded
as of December 1, 1985, and
land that was subdivided into
recorded, legally buildable lots,
where the subdivision received
the local jurisdiction's final
approval prior to June 1,1984,
provided that::
(a) The local jurisdiction
develops as part of its
program, procedures to bring
these lands into conformance
with the local Critical Area
Program insofar as possible,
including the consolidation or
reconfiguration of lots not
individually owned, and these
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procedures are approved by
the Commission, or
(b) If any such land has
received a building permit
subsequent to December 1,
1985, but prior to local
program approval, and is
located in a Resource
conservation Area, that land
must be counted by the local
jurisdiction against the growth
increment permitted in that
area under COMAR
14.15.02.06, unless the
Commission determines at the
time of the program approval
that steps had been taken to
conform the development to
the criteria in this Subtitle
insofar as possible;
(3) Land that was
subdivided into recorded,
legally buildable lots, where
the subdivision received the
local jurisdiction's final
approval between June 1,
1984 and December 1, 1985;
and
(4) Land that was
subdivided into recorded,
legally buildable lots, where
the subdivision received the
local jurisdiction's final
approval after December 1,
1985, provided that either
development of any such land
conforms to the criteria in this
subtitle, or the area of the land
is counted by the local
jurisdiction against the growth
increment permitted under
COMAR 14.15.02.06.
C. For purposes of
implementing this regulation, a
local jurisdiction shall have
determined, based on land
uses and development in
existence on December 1,
1985, which land areas fall
within the three types of
development areas described
in COMAR 14.15.02.
D. Nothing in this regulation
may be interprested as altering
any requirements for
development activities set out
in COMAR 14.15.03 and
14.15.09 of this Subtitle.
14.15.03 Water
Dependent Facilities
.01 Definition.
A. "Water-dependent
facilities" means those
structures or works associated
with industrial, maritime,
ecreastion, educational, or
Isheries activities that require
ocation at or near the
shoreline within the Buffer
pecified in COMAR 14.15.09.
B. An activity is
water-dependent if it cannot
exist outside the Buffer and is
dependent on the water by
reason of the intrinsic nature of
its operation. These activities
include, but are not limited to,
ports, the intake and outfall
structures of power plants,
water-use industries, marinas
and other boat docking
structures, public beaches and
other public water-oriented
recreation areas, and fisheries
activities.
C. Excluded from this
regulation, are individual
private piers installed or
maintained by riparian
landowners, and which are not
part of a subdivision which
provides community piers (see
Regulation, .07 below).
.02 Policies.
In developing their Critical
area Programs, local
urisdictions shall follow these
policies when addressing
water-dependent facilities:
A. Limit development
activities in the Buffer,
specified in COMAR 14.15.09,
to those that are
water-dependent; and
B. Provide by design and
locational criteria, that these
activities will have minimal
individual and cumulative
impact on water quality and
Fish, wildlife, and plant habitat
in the Critical Area.
03 General Criteria.
In developing their Critical
Area Programs, local
jurisdictions shall follow these
criteria when addressing
water-dependent facilities:
A. Except as otherwise
provided in this Chapter, new
or expanded development
activities may be permitted in
the Buffer in Intensely
Developed and Limited
Development Areas provided
that it can be shown:
(1) That they are
water-dependent;
(2) That the project meets a
recognized private right or
public need;
(3) That adverse effects on
water quality, and fish, plant,
and wildlife habitat are
minimized;
(4) That, in so far as
possible, non-water-dependent
structures or operations
associated with
water-dependent projects or
activities are located outside
the Buffer; and
(5) That the facilities are
consistent with an approved
local plan as set forth below.
B. Except as otherwise
provided in this regulation, new
or expanded development
activities may not be permitted
in those portions of the Buffer
which occur in Resource
Conservation Areas.
.04 Local Plan Requirements
for Water-Dependent Facilities.
A. Local jurisdictions, with
the assistance of appropriate
State agencies, shall develop
plan and associated policies
and implementation programs
for approving areas suitable for
new or expanded
water-dependent facilities in
accordance with Regulation
.03, above, and others in this
Chapter. The plans and
programs should include the
re-evaluation of areas
zoned or approved for these
facilities to determine if current
policies are consistent with the
Critical Area Program.
B. The plan shall specify a
process which considers the
following factors in planning for
areas suitable for
water-dependent activities:
(1) That the activities will
not significantly alter existing
water circulation patterns or
salinity regimes;
(2) That the water body
upon which these activities are
proposed has adequate
Flushing characteristics in the
area;
(3) That disturbance to
wetlands, submerged aquatic
plant beds, or other areas of
important aquatic habitats will
be minimized;
(4) That adverse impacts to
water quality that may occur as
a result of these activities,
such as non-point source
run-off, sewage discharge from
land activities or vessels, or
from boat cleaning and
maintenance operations, is
minimized;
(5) That shellfish beds will
not be disturbed or be made
subject to discharge that will
render them unsuitable for
harvesting;
(6) That dredging shall be
conducted in a manner, and
using a method, which causes
the least disturbance to water
quality and aquatic and
terrestrial habitats in the area
immediately surrounding the
dredging operation or within
the Critical Area, generally;
(7) That dredged spoil will
not be placed within the Buffer
or elsewhere in that portion of
the Critical Area which has
designated as a Habitat
Protection Area except as
necessary for:
(a) Backfill for permitted
shore erosion protection
measures;
(b) Use in approved
vegetated shore erosion
projects;
(c) Placement on previously
channel
maintenance spoil disposal
areas; and
(d) Beach nourishment; and
(8) That interference with
the natural transport of sand
will be minimized.
C. The information
necessary for evaluating the
above factors, if not available
currently approved
-------
locally, should be obtained
from appropriate State and
federal agencies.
.05 Industrial and
Port-Related Water-Dependent
Facilities
New, expanded, or
redeveloped industrial or
port-related facilities and the
replacement of these facilities
may be permitted only in those
portions of Intensely
Developed Areas exempted
from Buffer designation in
COMAR 14.15.09 and are
subject to the requirements set
forth in Regulation .03A,
above.
.06 Marinas and Other
Water-Dependent Commercial
Maritime Facilities
A. New or expanded
marinas and related facilities
may be permitted in the Buffer
within Intensely Developed
Areas and Limited
Development Areas subject to
the requirements of Regulation
.03A, above.
B. New marinas or related
maritime facilities may not be
permitted in the Buffer within
Resource Conservation Areas,
except as provided in
Regulation .08, below.
C. Expansion of existing
marinas may be permitted by
local jurisdictions within
Resource Conservation Areas
provided that it is sufficiently
demonstrated that the
expansion will not adversely
affect water quality, and that it
will result in an overall (net
improvement in water quality
at or leaving the site of the
marina.
D. New and existing
marinas shall meet the
sanitary requirements of the
State Department of Health
and Mental Hygiene as
required in COMAR 10.17.02.
E. New marinas shall
establish a means of
minimizing the discharge of
bottom wash waters into todal
waters.
.07 Community Piers and
Other Related
Non-Commercial Boat Docking
and Storage Facilities.
A. New or expanded
community marinas and other
non-commercial boat-docking
and storage facilities may be
permitted in the Buffer subject
to the requirements of
Regulation .03A, above, and
Regulation.07B, below,
provided that:
(1) These facilities may not
offer food, fuel, or other goods
and services for sale and shall
provide adequate and clean
sanitary facilities;
(2) The facilities are
community owned and
established and operated for
the benefit of the residents of a
platted and recorded riparian
subdivision;
(3) The facilities are
associated with a residential
development approved by the
local jurisdiction for the Critical
Area and consistent with all
criteria and local regulations
or the Critical Area;
(4) Disturbance to the
Buffer is the minimum
necessary to provide a single
point of access to the facilities;
and
(5) If community piers,
slips, or moorings are provided
as part of the new
development, private piers in
ihe development are not
allowed.
B. The number of slips,
piers, or mooring buoys
permitted at the facility shall be
the lesser of §B(1)or(2),
below:
(1) One slip for each 50
feet of shoreline in the
ubdivision in the Intense and
Limited Development Areas
and one slip for each 300 feet
of shoreline in the subdivision
n the Resource Conservation
Area; or
(2) A density of slips, piers,
or mooring buoys to platted
lots or dwellings within the
subdivision in the Critical Area
according to the following
schedule:
(4) Disturbance to the
Buffer is the minimum
necessary to provide a single
point of access to the facilities;
and
(5) If community piers,
slips, or moorings are provided the
as part of the new
development, private piers in
he development are not
allowed.
B. The number of slips,
piers, or moorings buoys
permitted at the facility shall be
he lesser of §B(1) or (2),
below:
(1) One slip for each 50 feet
of shoreline in the subdivision
in the intense and Limited
Development Areas and one
slip for each 300 feet of
shoreline in the subdivision in
Resource Conservation
Area; or
(2) A density of slips, piers,
or mooring buoys to platted
lots or dwellings within the
subdivision in the Critical Area
according to the following
schedule:
Platted Lots of Dwellings
in the Critical Area
up to 15
16-40
41 - 100
101 -300
over 300
08. Public Beaches and Other
Public Water-Oriented
Recreation of Education
Areas.
A. Public beaches or other
public water-oriented
recreation or education areas
ncluding, but not limited to
publicly owned boat launching
and docking facilities and
ishing piers may be permitted
n the Buffer in Intensely
Developed Areas.
B. These facilities may be
jermitted within the Buffer in
.imited Development Areas
and Resource Conservation
Areas provided that:
(1) Adequate sanitary
'acilities exist;
(2) Service facilities are, to
the extent possible, located
outside the Buffer;
(3) Permeable surfaces are
used to the extent practicable,
if no degradation of
groundwater would result;
Slips and Moorings
1 for each lot
15 or 75%, whichever is
greater
30 or 50%, whichever is
greater
50 or 25%, whichever is
greater
75 or 15%, whichever is
greater.
(4) Disturbance to natural
vegetation is minimized; and
(5) Areas for passive
recreation, such as nature
study, and hunting and
rapping, and for education,
may be permitted in the Buffer
within Resource Conservation
Areas, if service facilities for
hese uses are located outside
of the Buffer.
09. Research Areas.
Water-dependent research
acilities or activities operated
by State, federal, or local
agencies, or educational
nstitutions, may be permitted
n the Buffer, if
non-water-dependent
structures or facilities
associated with these projects
are, to the extent possible,
ocated outside of the Buffer.
10 Fisheries Activities.
A. Lands and water areas
with high acquacultural
potential should be identified
-------
by the local jurisdictions in
cooperation with the State.
These areas are encouraged
for that use and if so used,
should be protected from
degradation by other types of
land and water use or by
adjacent land and water uses.
B. Commercial
water-dependent fisheries
facilities including, but not
limited to, structures for crab
shedding, fish off-loading
docks, shellfish culture
operations, and shore-based
facilities necessary for
aquaculture operations, and
fisheries activities, may be
permitted in the Buffer, in
Intensely Developed, Limited
Development, and Resource
Conservation Areas.
14.15.04 Shore Erosion
Protection Works
.01 Definition.
A. "Shore erosion
protection works" means those
structures or measures
constructed or installed to
prevent or minimize erosion of
the shoreline in the Critical
Area.
B. The criteria below are
not intended to apply to those
structures necessarily
associated with
water-dependent facilities in
COMAR 14.15.03.
.02 Policies.
In developing their Critical
Area Programs, local
jurisdiction shall follow these
policies in regard to shore
erosion protection works:
A. Encourage the
protection of rapidly eroding
portions of the shoreline in the
Critical Area by public and
private landowners;
B. Where such measures
can effectively and practically
reduce or prevent shore
erosion, encourage the use of
nonstructural shore protection
measures in order to conserve
and protect plant, fish, and
wildlife habitat.
03 Criteria.
In developing their Critical
Area Programs, local
urisdictions shall use these
criteria:
A. Local jurisdictions, with
assistance from the State,
shall designate and map the
bllowing shoreline areas:
(1) Shoreline areas where
no significant shore erosion
occurs,
(2) Other eroding areas
where non-structural measures
would be a practical and
effective method of erosion
control, and
(3) Eroding areas where
only structural measures would
provide effective and practical
erosion control;
B. Local jurisdictions shall
adopt policies to be reflective
of shoreline characteristics to
accomplish the following
objectives:
(1) Provide that structural
control measures only be used
n areas designated in A(3),
above, where non-structural
control measures would be
impractical or ineffective;
(2) Provide that where
structural erosion control is
equired, the measure that
best provides for conservation
of fish and plant habitat, and
which is practical and effective
shall be used;
(3) Provide that
non-structural measures be
utilized in areas of erosion as
described in A(2), above;
(4) Provide that structural
erosion measures not be
encouraged in areas where no
significant erosion occurs; and
(5) Provide that if significant
alteration in the characteristics
of a shoreline occurs, the
measure that best fits the
change may be used for sites
in that area.
01 Definitions.
A. "Forests" means
biological communities
dominated by trees and other
woody plants covering a land
area of 1 or more acres.
B. "Developed woodlands"
means those areas of 1 acre of designating, forests and
14.15.05
Forest and Woodland
Protection
and Wildlife Service and other
appropriate agencies.
B. Each Forest
Preservation Plan shall consist
of the following:
(1) Identification and
mapping, or otherwise
more in size which
predominantly contain trees
and natural vegetation and
which also include residential,
commercial, or industrial
structures and uses.
02 Policies.
In developing their Critical
Area Programs, local
urisdictions shall follow these
policies in regard to forest and
developed woodland
protection:
A. Maintain and increase
he forested vegetation of the
Critical Area;
B. Conserve forests and
developed woodlands and
provide for expansion of
orested areas;
C. Provide that the removal
of trees associated with
development activities shall be
minimized and, where
developed woodland occurring
within the Critical Area;
(2) Identification of those
forest areas and developed
woodlands which include
Habitat Protection Areas in
COMAR 14.15.09; and which
also may include forest areas
pat are periodically flooded
within the State wetlands
boundary; and
(3) Programs to provide
incentives for the conversion of
other land uses to forested
conditions.
C. Where forests or
developed woodland occur
within the local jurisdiction's
Critical Area, local policies and
programs for tree cultural
operations in the Critical Area
shall include all of the
bllowing:
(1) A Forest Management
Plan shall be required for all
appropriate, shall be mitigated; (timber harvesting occurring
and
D. Recognize that forests
are a protective land use and
should be managed in such a
manner so that maximum
values for wildlife, water
quality, timber, recreation and
other resources can be
maintained, recognizing that, in
within any 1 year interval and
affecting 1 or more acres in
Iforest and developed
[woodland in the Critical Area.
The Plans shall be prepared by
a registered professional
orester and be reviewed and
approved by the Maryland
some cases, these uses be
mutually exclusive.
03 Criteria.
In developing their Critical
Area Programs, local
urisdictions shall use the
bllowing criteria:
A. Where forests or
developed woodlands occur
within local jurisdictions, the
ocal jurisdictions shall develop
a Forest Preservation Plan as
Dart of their Critical Area
Drogram. These plans are to
be developed in cooperation
with the Maryland Forest, Park
Forest, Park and Wildlife
Service through the District
Forestry Boards and the
project forester, and filed with
an appropriate designated
agency within the local
yurisdiction. Plans shall include
measures to protect surface
and groundwater quality and
identify whether the activities
will disturb or affect Habitat
Protection Areas as identified
in COMAR 14.15.09, and
incorporate protection
measures for these areas as
specified by the local
Jurisdictions. To provide for
he continuity of habitat, the
plans shall address mitigation
-------
through forest management
techniques which include
scheduling size, timing and
intensity of harvest cuts,
afforestation, and
reforestation.
(2) A Sediment Control
Plan shall be required for all
harvests of 5,000 square feet
or more of disturbed area in
the Critical Area, including
harvesting on agricultural
lands. This plan shall be
developed according to the
State guidelines entitled:
"Standard Erosion and
Sediment Control Plan for
Harvest Operations." The
operations shall be
implemented in accordance
with specifications set out by
the Maryland Forest, Park and
Wildlife Service, and enforced
by the Department of Natural
Resources or the local
jurisdictions.
(3) The cutting or clearing
of trees within the 100-foot
Buffer, as described in
COMAR 14.15.09, shall be in
accordance with that Chapter.
14.15.06
Agriculture
.01 Definitions.
"Agriculture" means all
methods of production and
management of livestock,
crops, vegetation, and soil.
This includes but is not limited
to, the related activities of
tillage, fertilization, pest
control, harvesting, and
marketing. It also includes, but
is not limited to the activites of
feeding, housing, and
maintaining of animals such as
cattle, dairy cows, sheep,
goats, hogs, horses, and
poultry and handling their
by-products.
.02 Policies.
In developing their Critical
Area Programs, local
jurisdictions shall follow all of
hese policies when
addressing agriculture:
A. Assure that agriculture
ands are identified and that
programs are established for
he Critical Area to maintain,
where appropriate, agricultural
ands in agricultural use, to the
greatest extent possible.
B. Recognize that
agriculture is a protective land
use that should be properly
managed so that it minimizes
Is contribution to pollutant
oadings to the Bay and its
ributaries.
C. Assure that the creation
of new agricultural lands is not
accomplished:
(1) By diking, draining, or
filling of any class or subclass
of palastrine wetlands, as
described in COMAR
14.15.09.02, which have a
easonally flooded or wetter
water regime, unless mitigation
as provided for in COMAR
14.15.09.02 of these
egulations is accomplished;
(2) By clearing of forests or
woodland on soils with a slope
greater than 15 percent; or on
soils with a "K" value greater
han .35 and slope greater
han 5 percent;
(3) If the clearing will
adversely affect water quality
or will destroy plant and wildlife
habitat as defined in COMAR
14.15.09 of these regulations;
or
(4) By the clearing of
existing natural vegetation
within the Buffer as defined in
OMAR 14.15.09 of these
regulations.
D. Assure that the drainage
of non-tidal wetlands for the
purpose of agriculture be done
n accordance with a Soil
Conservation and Water
Quality Plan, approved by the
local Soil Conservation District.
E. Assure that Best
Management Practices for the
control of nutrients, animal
wastes, pesticides, and
sediment runoff be used to
protect the productivity of the
land base and enhance water
quality. These practices shall
minimize contamination of
surface and groundwater and,
urther, shall minimize adverse
effects on plants, fish, and
wildlife resources.
F. Assure that animal
eeding operations, including
retention and storage ponds,
eed lot waste storage, and
manure storage minimize the
contamination of water bodies.
G. Assure that agricultural
activity permitted within the
ritical Area use Best
Management Practices in
accordance with a Soil
onservation and Water
Quality Plan approved by the
ocal Soil Conservation District.
03 Criteria.
A. In developing their
Critical Area Programs, local
urisdictions shall use the
Allowing criteria for agriculture:
(1) Local jurisdictions shall
develop an Agricultural
Protection Plan as part of their
'ritical Area Program if the
and use exists in the
urisdiction. These plans are
be developed in cooperation
with the Soil Conservation
Districts, the County
Agricultural Land Preservation
Advisory Boards, and other
appropriate agencies.
(2) Each agricultural plan
shall consist of the following:
(a) An identification,
nventory, and mapping of
agricultural lands occurring
within the Critical Area;
(b) An identification of
agricultural lands which i
Habitat Protection
Areas defined in COMAR
14.15.09;
(c) Programs for
maintaining the agricultural
ands in agricultural use and
for protecting water quality,
and plant and wildlife habitat,
which shall include at a
minimum:
(i) The incorporation of the
agricultural components of the
State 208 Water Quality Plan
into local water quality plans if
any exist,
(ii) Development of
measures for encouraging the
areservation of agricultural
lands,
(iii) Provisions for the
protection of Habitat Protection
Areas within agricultural lands
as required in COMAR
14.15.09, and
(iv) Provisions requiring
Forest Management Plans for
hose farms which harvest
imber to conform with the
harvesting practices
requirements in COMAR
14.15.05 and COMAR
14.15.09.
(3) Within 5 years from the
ffective date of these criteria,
all farms within the Critical
Area shall have in place and
be implementing a currently
approved Soil Conservation
and Water Quality Plan
approved by the local Soil
:onservation District.
Landowners who have signed
up as conservation district
^operators, but who do not
have a conservation plan
to developed for them by the
District, shall be allowed to
continue farming until a
conservation plan is
developed, provided that the
goals of the Act and policies
and all other requirements of
the Chapter are being met.
(4) A landowner shall select
and implement, with the
assistance of a technically
trained soil conservation
planner or technician, from
among the several Best
Practices that
minimize impacts to water
quality, conserve fish, wildlife,
and plant habitat, and integrate
best with the farming
operation.
(5) Until such time as a Soil
Conservation and Water
Quality Plan is approved and in
place, landowners shall be
encouraged to use the
following practices:
(a) Proper nutrient
application rates;
(b) Appropriate timing of
nutrient application;
include Management
-------
(c) Appropriate method of
nutrient application
(d) Reduced tillage
practices;
(e) Crop rotations;
(f) Cover crop.
(6) Agricultural activities are
permitted in the Buffer in
accordance with COMAR
14.15.09. Agricultural
activities shall refer to and use
COMAR 14.15.09 in
implementing this portion of
this Subtitle.
14.15.07
Surface Mining in the
Critical Area
.01 Definitions.
A. "Surface mining" means:
(1) The breaking of the
surface soil in order to extract
or remove minerals in the
Critical Area;
(2) Any activity or process
constituting all or part of a
process for the extraction or
removal of minerals from their
original location in the Critical
Area; and
(3) The extraction of sand,
gravel, rock, stone, earth, or fill
from borrow pits for highway
construction purposes or other
public facilities.
B. For the purposes of this
chapter, surface mining also
means:
(1) Operations engaged in
processing minerals at the site
of extraction;
(2) Removal of overburden
and mining of limited amounts
of any mineral when done for
the purpose of prospecting and
to the extent necessary to
determine the location,
quantity, or quality of any
natural deposit; and
(3) Mining operations, if the
affected land exceeds 1 acre
or more in area.
.02 Policies.
In developing their Critical
Area Programs, local
jurisdictions shall use the
(following policies when
addressing surface mining:
A. Assure that all available
measures be taken to protect
the Critical Area from all
sources of pollution from
surface mining operations
including, but not limited to,
sedimentation and siltatton,
chemical and petrochemical
use and spillage, and storage
or disposal of wastes, dusts,
and spoils;
B. Assure that mining be
(conducted in a way to permit
khe reclamation of the site as
soon as possible and to the
extent possible.
.03 Criteria.
In developing their Critical
Area Programs, local
[jurisdictions shall use all of the
[following criteria:
A. Local jurisdictions shall
develop a mineral resources
plan and program for
management to include in their
comprehensive or master plan,
f these resources exist in the
urisdiction.
B. The plans and programs
are to be developed in
conjunction with the Water
Resources Administration of
he Department of Natural
Resources and other
appropriate agencies.
C. Each plan and program
shall consist of all of the
following:
(1) An identification and
mapping of the undeveloped
and in the Critical Area that
should be kept in its
undeveloped state until the
and can be used to provide or
assist in providing a
continuous supply of minerals
pursuant to Article 66B,
§3.05(a)(1)(v), Annotated code
of Maryland, as amended.
Surface mining areas which
include Habitat Protection
Areas under COMAR 14.15.09
shall also be identified.
(2) An identification of
appropriate post-excavation
uses for this land such as
recreation, habitat restoration,
open space use, or
development in accordance
with the guidelines for
development in COMAR
14.15.02.
D. Local authorities shall
establish regulations that
designate those portions of the
Critical Area that are
unsuitable for future sand and
gravel operations and shall
prohibit those operations
therein. Areas are unsuitable
where:
(1) Important natural
resources such as threatened
and endangered species,
areas of scientific value, or
rare assemblages of species
occur as discussed in COMAR
14.15.09 of these regulations:
(2) Areas where highly
erodible soils exist;
(3) The use of renewable
resource lands would result in
the substantial loss of long
range (that is, 25 years or
14.15.08
Natural Parks
.01 Definition.
A. "Natural parks" means
areas of natural habitat that
provide opportunities for those
recreational activities that are
compatible with the
maintenance of natural
conditions.
.02 Policy.
It is the policy of the
Commission to encourage the
creation of opportunities for
interaction between people
and natural environments
ithout destroying the fragile
components of natural
habitats.
.03 Criteria.
In developing their Critical
_ rea Programs, local
more) productivity of forest and|)urisdictions sna"use a"of tne
agriculture, or would result in a following criteria:
degrading of water quality or a I A- Local jurisdictions shall
loss of vital habitat; or
identify areas within their
(4) The lands are within iooCritical Area where natural
parks could be established,
feet of the Mean High Water
Line of tidal waters or the edge
of streams.
E. Future wash plants
including ponds, spoil piles,
and equipment may not be
located within the Buffer as
defined in COMAR 14.15.09.
and consider conserving these
features through acquisitions,
easements, designation, or
Dther appropriate means.
Parks should not be chosen to
preserve only natural
curiosities, but they should be
F. Existing wash ponds planned to include examples of
shall be reclaimed as soon as Foastal ecosystems that are
possible after the cessation of pound within the jurisdiction,
a sand and gravel operation each with 'As geological and
G. To the fullest extent biological resources intact.
possible, existing sand and |Park boundaries should be
gravel operations shall conduct
their extraction activities so as
to provide, at a minimum, a
100-foot buffer of natural
vegetation between the
operation of the Mean High
Water Line of tidal waters or
the edges of streams, and tidal
wetlands, whichever is further
inland.
based on biological necessity
rather than administrative
convenience.
B. Any plans developed for
he use of parks should
recognize that all natural
terrain has a finite capacity to
tolerate human disturbances
and, therefore, should give
utmost attention to limiting the
number of park visitors in any
park at any one time or in the
course of a season.
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14.15.09
Habitat Protection Areas
In The Critical Area
.01 Buffer.
A. Definition. "Buffer"
means an existing, naturally
vegetated area, or an area
established in vegetation and
managed to protect aquatic,
wetlands, shoreline, and
terrestrial environments from
man-made disturbances.
B. Policies. In developing
their Critical Area Programs,
local jurisdictions shall use the
following policies with regard
the Buffer:
(1) Provide for the removal
or reduction of sediments,
nutrients, and potentially
harmful or toxic substances in
runoff entering the Bay and its
tributaries;
(2) Minimize the adverse
effects of human activities on
wetlands, shorelines, stream
banks, tidal waters, and
aquatic resources;
(3) Maintain an area of
transitional habitat between
aquatic and upland
communities;
(4) Maintain the natural
environment of streams; and
(5) Protect riparian wildlife
habitat.
C. Criteria. In developing
their Critical Area Programs,
local jurisdictions shall use all
of the following criteria:
(1) Local jurisdictions shall
establish a minimum 100-foot
Buffer landward from the Mean
High Water Line of tidal
waters, tributary streams, and
tidal wetlands. The Buffer is
not required for agricultural
drainage ditches if the adjacent
agricultural land has in place
Best Management Practices
as required in COMAR
14.15.06.
(2) New development
activities, including structures,
roads, parking areas and other
impervious surfaces, mining
and related facilities, or septic
systems, may not be permitted
in the Buffer, except for those
necessarily associated with
water-dependent facilities, as
set forth in COMAR 14.15.03.
(3) The Buffer shall be
maintained in natural
/egetation, but may include
planted vegetation where
necessary to protect, stabilize,
jr enhance the shoreline.
(4) Agricultural activities are
permitted in the Buffer, if, as a
ninimum Best Management
Practice, as 25-foot vegetated
ilter strip measured landward
rom the Mean High Water
Jne of tidal waters or tributary
streams (excluding drainage
to ditches), or from the edge of
idal wetlands, whichever is
urther inland, is established,
and further provided that:
(a) The filter strip shall be
composed of either trees with
a dense ground cover, or a
hick sod of grass, and shall be
so managed as to provide
water quality benefits and
habitat protection consistent
with the policies stated in B,
above. Noxious weeds,
ncluding Johnson grass,
anada thistle, and multiflora
ose, which occur in the filter
itrip, may be controlled by
authorized means;
(b) The filter strip shall be
expanded by a distance of 4
eet for every 1 percent of
slope, for slopes greater than 6
percent;
(c) The 25-foot vegetated
ilter strip shall be maintained
until such time as the
andowner is implementing,
under an approved Soil
onservation and Water
Quality Plan, a program of
Best Management Practices
or the specific purposes of
mproving water quality and
protecting plant and wildlife
habitat; and provided that the
portion of the Soil
Conservation and Water
Quality Plan being
mplemented achieves the
water quality and habitat
selection objectives of the
25-foot vegetated filter strip;
(d) The Best Management
Practices shall include a
equirement for the
mplementation of a grassland
and manure management
program, where appropriate,
and that the feeding or
watering of livestock, may not
be permitted within 50 feet of
he Mean High Water Line of
idal water and tributary
streams, or from the edge of
idal wetlands, whichever is
urther inland;
(e) Clearing of existing
natural vegetation in the Buffer
s not allowed; and
(0 Farming activities
ncluding the grazing of
ivestock, do not disturb stream
banks, tidal shorelines or other
Habitat Protection Areas as
described in this Chapter.
(5) The Buffer shall be
managed to achieve or
enhance the functions stated
n Sections B(1) through (5)
above. Cutting or clearing of
rees within the Buffer shall be
prohibited except that:
(a) Commercial harvesting
of trees by selection or by the
clearcutting of Loblolly Pine
and Tulip Poplar may be
permitted to within 50 feet of
he landward edge of the Mean
High Water Line of tidal waters
and perennial tributary
streams, or the edge of tidal
wetlands, provided that this
utting does not occur in the
Habitat Protection Areas
described in COMAR
14.15.09.02, .03, .04, and .05
and that the cutting is
conducted pursuant to the
equirements of COMAR
14.15.05 and in conformance
with a buffer management plan
prepared by a registered,
professional forester and
approved by the Maryland
=orest, Park and Wildlife
Service. The plan shall be
equired for all commercial
harvests within the Buffer,
regardless of the size of the
area to be cut, and shall
contain the following minimum
requirements:
(i) That disturbance to
stream banks and shorelines
shall be avoided;
(ii) That the area disturbed
or cut shall be replanted, or
allowed to regenerate in a
manner that assures the
availability of cover and
breeding sites for wildlife, and
reestablishes the wildlife
corridor function of the Buffer;
and
(iii) That the cutting does not
nvolve the creation of logging
roads and skid trails within the
Buffer.
(b) Commercial harvesting
of trees, by any method, may
be permitted to the edge of
ntermittent streams provided
that the cutting is conducted
pursuant to the requirements
of §C(5)(n) above.
(c) Cutting of trees or
emoval of natural vegetation
may be permitted where
necessary to provide access to
private piers, or to install or
construct a shore erosion
protection device or measure,
or a water-dependent facility,
providing the device, measure,
or facility has received all
necessary State and federal
permits.
(d) Individual trees may be
ut for personal use providing
this cutting does not impair the
water quality or existing habitat
value or other functions of the
Buffer as set forth in the
policies of this Chapter, and
provided that the trees are
replaced on an equal basis for
each tree cut.
(e) Individual trees may be
removed which are In danger
of falling and causing damage
o dwellings or other
structures, or which are in
danger of falling and therefore
causing the blockage of
streams, or resulting in
accelerated shore erosion.
(0 Horticultural practices
may be used to maintain the
health of individual trees.
(g) Other cutting techniques
may be undertaken within the
Buffer and under the advice
and guidance of the
Departments of Agriculture
and Natural Resources, if
necessary to preserve the
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forest from extensive pest or
disease infestation or threat
from fire.
(6) Where agricultural use
of lands within the area of the
Buffer ceases and the lands
are proposed to be converted
to other uses, the Buffer shall
be established. In establishing
the Buffer, management
measures shall be undertaken
to provide forest vegetation
that assures the Buffer
functions set forth in the
policies of this Chapter.
(7) Local jurisdictions shall
expand the Buffer beyond 100
feet to include contiguous,
sensitive areas, such as steep
slopes, hydric soils, or highly
erodible soils, whose
development or disturbance
may impact streams, wetlands,
or other aquatic environments.
In the case of contiguous
slopes of 15 percent or
greater, the Buffer shall be
expanded 4 feet for every 1
percent of slope, or to the top
of the slope, whichever is
greater in extent.
(8) As part of the local
Critical Area Program to be
submitted to the Commission,
local jurisdictions may request
an exemption of certain
portions of the Critical Area
from the Buffer requirements
where it can be sufficiently
demonstrated that the existing
pattern of residential,
industrial, commercial, or
recreational development in
the Critical Area prevents the
Buffer from fulfilling the
functions stated in §B, above.
If an exemption is requested,
local jurisdictions shall propose other
other measures for achieving
the water quality and habitat
protection objectives of the
policies. These measures may
include, but are not limited to,
public education and urban
forestry programs.
.02 Non-Tidal Wetlands.
A. Definitional) "Non-tidal
wetlands" means those lands
in the Critical Area, excluding
tidal wetlands regulated under
Title 9 of Natural Resources
Article, Annotated Code of
Maryland, where the water
table is usually at or near the
surface, or lands where the
soil or substrate is covered by
shallow water at some time
during the growing season,
and which are usually
characterized by one or both
the following:
(a) At least periodically, the
ands support predominantly
hydrophytic vegetation;
(b) The substrate is
predominantly undrained
hydric soils.
(2) Excluded from these
regulations are existing farm
ponds and other existing
man-made-bodies of water
whose purpose is to impound
water for agriculture, water
supply, recreation, or
waterfowl habitat purposes.
B. Policy. In developing
their Critical Area Programs,
bcal jurisdictions shall protect
those non-tidal wetlands in the
ritical Area of Importance to
plant, fish, and wildlife, and
water quality.
C. Criteria.
(1) In developing their
Critical Area Programs, local
lUrisdictions shall develop a
non-tidal wetlands protection
program as an element of their
ritical Area Program.
(2) These programs should
be developed using the
expertise of the Coastal
Resources Division and the
Maryland Natural Heritage
Program of the Department of
Natural Resources, the U. S.
Fish and Wildlife Service, and
appropriate agencies
organizations.
(3) Each Program shall
consist of the following:
(a) Local programs shall
identify non-tiOoi wetlands
within the jurisdiction including:
(i) Non-tidal wetlands of 1
acre or larger classified as
Palustine Aquatic Bed,
Palustrine Emergent,
Palustrine Forested and
Palustrine Scrub-shrub as
defined in "Classification of
Wetlands and Deepwater
Habitats of the United States"
(Publication FWS/OBS-79/31,
December 1979, Fish and
Wildlife Service, U. S.
Department of the Interior) and
as identified on the National
Wetlands Inventory Maps;
(ii) Non-tidal wetlands, not
ofjmapped on the National
Wetlands Inventory, which
may be found by site survey or
other means at the time of
application for a development
activity to be hydrologically
connected, through surface or
subsurface flow, to streams,
tidal wetlands, or tidal waters;
or are determined to be of
special importance to fish,
wildlife, or plant habitat by the
Maryland Natural Heritage
Program, the Coastal
Resources Division and the
Maryland Forest, Park and
Wildlife Service of the
Department of Natural
Resources, the local
jurisdiction, or other
appropriate agencies.
(b) Local jurisdictions shall
develop policies and programs
for protecting the non-tidal
wetlands identified in this
Regulation. At a minimum,
these policies and programs
shall accomplish all of the
following objectives:
(i) Maintain at least a
25-foot buffer around identified
non-tidal wetlands where
development activities or other
activities which
wetlands or the wildlife
contained therein, shall be
prohibited unless it can be
shown that these activities will
and not adversely affect the
wetland. This requirement is
not intended to restrict the
grazing of livestock in these
wetlands.
(ii) Protect the hydrologic
regime and water quality of
identified non-tidal wetlands by
providing that development
activities or other land
disturbances in the drainage
area of the wetlands will
minimize alterations to the
surface or subsurface flow of
may disturb the that
water into and from the
wetland and not cause
impairment of the water quality
or the plant and wildlife and
habitat value of the wetland.
(iii) Provide for the
preparation of a mitigation plan
by the proposer of activities or
operations which, as a result of
their being water-dependent or
of substantial economic
benefit, will cause unavoidable
and necessary impacts to the
wetlands. These activities
include, but are not limited to,
development activities, tree
cutting operations, and those
agricultural operations
permitted under COMAR
14.15.06.02C and D for which
mitigation is required. The
plan shall specifty mitigation
measures that will provide
water quality benefits and plant
and wildlife habitat equivalent
to the wetland destroyed or
altered and shall be
accomplished, to the extent
possible, onsite or near the
affected wetland.
(iv) For all non-agricultural
activities, local jurisdictions
shall seek comments on
mitigation plans from the
Department of Natural
Resources, and where
appropriate, State departments
including Health and Mental
Hygiene and Agriculture, the
local Soil Conservation
Districts and the U. S. Fish and
Wildlife Service. Upon finding
the plan as proposed, or
as may be modified to address
the comments of these
agencies, provides mitigation
sufficient to accomplish the
objectives of this Section, then
local jurisdictions shall provide
that the proposer shall
implement the plan.
(v) For agricultural
operations, the local Soil
Conservation District shall,
with the assistance of the
Department of Natural
Resources, determine whether
the plan provides mitigation
sufficient to accomplish the
objectives of this Regulation.
Agricultural drainage
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operations conducted pursuant
to Agriculture Article, §8-603,
Annotated Code of Maryland,
shall provide mitigation
consistent with any regulation
developed pursuant to that
Section.
(4) The determination of
existence and extent of
non-tidal wetlands and the
protection of these areas shall
result from a cooperative
between the local jurisdiction
and public agencies or private
organizations, but no
designation of habitat and
protective measures shall be
accomplished unless the
affected public is given an
adequate opportunity to be
heard at the local level. A
local jurisdiction's public
hearing on its proposed Critical
Area Program may be used to
satisfy this requirement, if full
notice of the proposed habitat
management program is
included in the general notice
of the hearing. If additional
non-tidal wetlands are
identified for protection in the
future, additional local public
hearings shall be held, as
appropriate, to consider
comments on the protection
measures proposed for these
wetlands.
.03 Threatened, and
Endangered Species and
Species in Need of
Conservation
A. Definition.
(1) "Species in need of
conservation" means those
fish and wildlife whose
continued existence as a part
of the State's resources are in
question and which may be
designated by regulation by
the Secretary of the
Department of Natural
Resources as in need of
conservation pursuant to the
requirements of Natural
Resources Articles,
§§10-2A-03and4-2A-03,
Annotated Code of Maryland.
(2) "Threatened species"
means any species of fish,
wildlife, or plants designated
effort et
as such by regulation by the
Secretary of the Department
Natural Resources which
appear likely, within the
forseable future, to become
endangered, including any
species of wildlife or plant
determined to be a
'threatened" species pursuant
to the federal Endangered
Species Act, 16 U.S.C. §1531
seq., as amended.
(3) "Endangered species"
means any species of fish,
wildlife, or plants which have
been designated as such by
regulation by the Secretary of
the Department of Natural
Resources. Designation
occurs when the continued
existence of these species as
viable components of the
State's resources are
determined to be in jeopardy.
This includes any species
determined to be an
'endangered" species
pursuant to the federal
Endangered Species Act, cited
above.
B. Policy. In developing
:heir Critical Area Programs,
ocal jurisdictions shall provide
protection for those species in
need of conservation and
threatened and endangered
species, and their habitats
which occur in the Critical
Area.
C. Criteria. In developing
their Critical Area Programs,
local jurisdictions shall use all
of the following criteria with
regard to species in need of
conservation, threatened, or
endangered species:
(1) Local jurisdictions shall
develop programs for the
protection of the habitats of
species in need of
conservation and threatened
and endangered species.
These programs should be
developed using the expertise
of the Maryland Natural
Heritage Program, the
Maryland Forest, Park and
Wildlife Service, and other
appropriate public agencies
and private organizations.
of consist i
(2) These programs shall
of one or both of the
following elements:
(a) Designation of a
protection area around each of
the habitats occurring in the
jurisdiction within which
development activities and
other disturbances shall be
prohibited unless it can be
shown that these activities or
disturbances will not have or
cause adverse impacts on
these habitats;
(b) Development of
programs for providing
protection for the habitats of
species in need of
conservation and endangered,
and threatened species which
may include, but are not
limited to, acquisition,
conservation easements,
cooperative agreements with
landowners, special provisions
in forest management and soil
conservation, plans, and
special provisions in
subdivision or zoning
regulations.
(3) The determination of the
existence and extent of these
habitats and protection areas
shall result from a cooperative
effort between the local
jurisdiction and the public
agencies or private
organizations noted above, but
no designation of habitat and
protective measures shall be
accomplished unless the
affected public is given an
adequate opportunity to be
heard at the local level. A
local jurisdiction's public
hearing on its proposed Critical
Area Program may be used to
satisfy this requirement, if full
notice of the proposed habitat
management program is
included in the general notice
of the hearing. If the Secretary
of Natural Resources
designates additional species
by regulation in the future,
additional local public hearings,
as appropriate, shall be held to
consider comments on the
protection measures proposed
for these species. The
protection measures shall be
adopted within 12 months of
the date of the Secretary's
designation.
.04 Plant and Wildlife Habitat.
A. Definition.
(1) "Plant habitat" means a
community of plants commonly
identifiable by the composition
of its vegetation and its
physiographic characteristics
as described below in C.
(2) "Wildlife habitat" means
those plant communities and
physiographic features that
provide food, water and cover,
nesting, and foraging or
feeding conditions necessary
to maintain populations of
animals in the Critical Area as
described below in C.
6. Policies. In developing
their Critical Area Programs,
ocal jurisdictions shall use the
following policies with regard to
plant and wildlife habitat:
(1) Conserve wildlife habitat
in the Critical Area;
(2) Protect those wildlife
habitats that tend to be least
abundant or which may
become so in the future if
current land-use trends
continue;
(3) Protect those wildlife
habitat types which are
required to support the
continued presence of various
species;
(4) Protect those wildlife
habitat types and plant
communities which are
determined by local
lurisdictions to be of local
significance; and
(5) Protect Natural Heritage
Areas.
C. Criteria. In developing
their Critical Area Programs,
the local jurisdictions shall use
all of the following criteria:
(1) The local jurisdictions
shall develop a plant and
wildlife habitat protection
program as an element of their
Critical Area Program. These
programs are to be developed
using the expertise of the
Maryland Forest, Part and
Wildlife Service; the Tidewater
Administration; the Maryland
-------
Natural Heritage Program; the
U. S. Fish and Wildlife Service;
other appropriate agencies;
and adjacent jurisdictions.
(2) Each Plant and Wildlife
Habitat Protection Program
shall consist of the following:
(a) Identification of the
following plant and wildlife
habitats in the Critical Area:
(i) Colonial water bird
nesting sites;
(ii) Historic water fowl
staging and concentration
areas in tidal waters, tributary
streams, or tidal and non-tidal
wetlands;
(iii) Existing riparian forests
(for example, those relatively
mature forests of at least 300
feet in width which occur
adjacent to streams, wetlands,
or the Bay shoreline and which
are documented breeding
areas);
(iv) Forest areas utilized as
breeding areas by forest
interior dwelling birds and
other wildlife species (for
example, relatively mature
forested areas within the
Critical Area of 100 acres or
more, or forest connected with
such areas);
(v) Other areas which may
in the future be identified by
State and Federal agencies as
important plant or wildlife
habitat areas;
(vi) Other plant and wildlife
habitats determined to be of
local significance; and
(vii) Natural Heritage Areas
which have been designated.
(b) Establishment of
programs for conserving or
protecting the plant and wildlife
habitat areas identified above.
These programs, and the
protection measures
suggested below,
(i) Establish buffer areas
colonial water bird (heron,
egret, tern, and glossy ibis)
nesting sites so that these
sites are protected from the
adverse impacts of
development activities and
from disturbance during the
breeding season.
(ii) Provide that new
water-dependent facilities are
so located as to prevent
disturbance to sites of
significance to wildlife such as
historic, aquatic staging and
concentration areas for
waterfowl;
(iii) Provide protection
measures including a buffer
area where appropriate, for
other plant and wildlife habitat
sites identified in §C(2)(a)(v) of
this Section.
(iv) Protect and conserve
those forested areas required
to support wildlife species
identified above in §C(2)(a)(iii)
and (iv), by developing
management programs which
have as their objective,
conserving the wildlife that
inhabit or use the areas. The
programs should assure that
development activities, or the
clearing or cutting of trees
which might occur in the areas,
is conducted so as to
riparian habitat, forest interior
wildlife species, and their
habitat. Management
measures may include
incorporating appropriate
wildlife protection elements
into forest management plans,
and cluster zoning or other site
design criteria which provicde
for the conservation of wildlife
habitat. Measures may also
be included in soil
conservation plans which have
wildlife habitat protection
provisions appropriate to the
areas defined above, and
incentive programs containing
the acquisition of easements
and other similar techniques.
(v) Require to the extent
practical, that when
development activities, or the
cutting or clearing of trees,
for occurs in forested areas,
corridors of existing forest or
woodland vegetation be
maintained to provide effective
connections between wildlife
habitat areas.
(vi) Protect by appropriate
means those plant and wildlife
habitats considered to be of
significance by local
conserve organizations
jurisdictions. Examples of
these areas are those whose
habitat values may not be of
Statewide significance, but are
of importance locally or
regionally because they
contain species uncommon or
of limited occurrence in the
urisdiction, or because the
species are found in unusually
high concentrations.
(vii) Protect Natural
Heritage Areas from alteration
due to development activities
or cutting or clearing so that
the structure and species
composition of the areas are
maintained.
(c) The determination of the
existence and extent of these
plant and wildlife habitats, and
the development of
protection measures for these
areas, shall result from a
cooperative effort between the
local jurisdiction and the public
agencies or private
noted above.
Designation of habitat and
protective measures may not
be accomplished unless the
affected public is given an
adequate opportunity to be
heard. A local jurisdiction's
public hearing on its proposed
Critical Area Program may be
used to satisfy this
requirement, if full notice of the
proposed habitat management
program is included in the
general notice of the hearing.
If additional plant and wildlife
habitat areas are designated in
the future, local public
hearings, as appropriate, shall
be held to consider comments
on the areas and protection
measures proposed.
.05 Anadromous Fish
Propagation Waters.
A. Definition. "Anadromous
fish propagation waters"
means those streams that are
tributary to the Chesapeake
Bay where spawning of
anadromous species of fish
(e.g., rockfish, yellow perch,
white perch, shad, and river
herring) occurs or has
occurred. The streams are
appropriate development
designated by the Tidewater
Administration. For purposes
of this Regulation "streams"
refers to designated
anadromous fish propagation
waters within the Critical Area.
B. Policies. In developing
their Critical Area Programs,
ocal jurisdictions shall use the
following policies with regard to
anadromous fish:
(1) Protect the instream
and streambank habitat of
anadromous fish propagation
waters;
(2) Promote land use
policies and practices in the
watershed of spawning
streams within the Critical Area
which will minimize the
adverse impacts of
on the water
quality of the streams; and
(3) Provide for the
unobstructed movement of
spawning and larval forms of
anadromous fish in streams.
C. Criteria.
(1) In developing their
Critical Area Programs, local
jurisdictions shall use all of the
following criteria:
(a) The installation or
introduction of concrete riprap
or other artificial surfaces onto
the bottom of natural streams
shall be prohibited unless it
can be demonstrated that
water quality and fisheries
habitat can be improved.
(b) Channelization or other
physical alterations which may
change the course or
circulation of a stream and
thereby interfere with the
movement of fish, shall be
prohibited.
(c) Local jurisdictions shall
develop policies and programs
for avoiding adverse impacts
of any activities occurring on
those portions of any
watershed within the Critical
Area which drain into
anadromous fish spawning
streams. These policies and
programs shall address at
least the following objectives:
(i) Minimize development
activities or other land
disturbances in the watershed;
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(ii) Maintain, or if
practicable, improve water
quality in streams;
(iii) Minimize, to the extent
possible, the discharge of
sediments into streams; and
(iv) Maintain, or if
practicable, increase the
natural vegetation of the
watershed.
(d) Local jurisdictions are
encouraged to adopt land-use
policies and programs in
watersheds outside the Critical
Area to minimize the impacts
of any activities on
anadromous fish spawning
streams.
(2) In developing their
Critical Area Programs, local
jurisdictions shall use all of the
following complementary State
laws and regulations:
(a) The construction or
placement of dams or other
structures that would interfere
with or prevent the movement
of spawning fish or larval forms
in streams shall be prohibited.
If practical, the removal of
existing barriers shall be
effected (COMAR
08.05.03.02).
(b) Local jurisdictions shall
assure that the construction,
repair, or maintenance
activities associated with
bridges, or other stream
crossings or with utilities and
roads, which involve
disturbance within the Buffer or
which occur instream, as
described in COMAR
.08.05.03.098(4), shall be
prohibited between March 1
and June 15.
14.15.10 Directives for
Local Program
Development
.01 Criteria.
In developing their Critical
Area Programs, local
jurisdictions shall use the
following general program
criteria;
A. Each jurisdiction shall
inventory or map or both,
certain resources of its Critical
Area. The inventory shall
nclude the following resources
as defined in the appropriate
oregoing chapters of this
Subtitle concerning specific
criteria):
(1) Agricultural lands;
(2) Non-tidal wetlands;
(3) Tidal wetlands;
(4) Forest resources;
(5) Sand and gravel
esources;
(6) Tributary streams;
(7) Known threatened and
endangered species habitats;
as well as the habitats of
species in need of
conservation;
(8) The watersheds of
anadromous fish spawning
streams;
(9) Plant and wildlife
habitats;
(10) Steep slopes;
(11) Soils with development
constraints; and
(12) Intensely Developed,
Limited Development, and
Resource Conservation Areas
as defined in COMAR
14.15.02.
B. Any such mapping shall
>e at a scale that is relevant to
ocal jurisdictions and of
sufficient detail to assess the
potential impacts of proposed
and-use changes on the
quality and quantity of local
water resources and on local
wildlife and plant habitats.,
C. Each program
submission shall list the
specific local program
objectives and an expected
ime schedule for
mplementation.
D. Local permitting and
approval processes shall be
coordinated so that cumulative
mpacts of regulated activities
can be readily assessed.
Local jurisdictions shall
maintain records of the area of
and that converts from
Resource Conservation Area
to Intensely Developed or
Limited Development Areas
and that converts from Limited
Development to Intensely
Developed Areas.
E. The local program
document shall, if applicable,
nclude, but not be limited to:
(1) A forest and woodland
protection program;
(2) A mineral resources
plan;
(3) An agricultural
protection plan;
(4) A habitat protection
area plan; and
(5) A water-dependent
acilities planning process for
dentifying suitable areas.
F. Jurisdictions shall review
and revise local plans,
programs, and regulations that
are inconsistent with the intent
of the policies and criteria in
his Subtitle. At a minimum,
and if applicable, the review
and revisions shall include:
(1) Comprehensive or
master plans;
(2) Comprehensive water
and sewer plans;
(3) Comprehensive solid
waste plans and any other
health/environment-related
plans and ordinances, for
example, regulation for septic
system placement;
(4) Capital improvements
programs and capital budgets;
(5) Zoning ordinances and
omprehensive zoning maps;
(6) Subdivision regulations;
and
(7) Growth management
ordinances.
G. The local program
document shall include a
statement of the local agencies
nvolved, their responsibilities
and their coordination with
each other and appropriate
State, federal, or private
organizations.
H. Local jurisdictions shall
demonstrate that the local
regulations and programs
Droposed to meet the criteria in
this regulation are enforceable.
I. Each jurisdiction shall
attempt to establish
cooperative arrangements with
adjacent jurisdictions and with
State and federal agencies
concerning the policies and
objectives for lands within and
adjoining the jurisdiction's
Critical Area.
J. Local jurisdictions are
incouraged to apply protection
measures similar to those
contained in their Critical Area
Program to land disturbances
beyond the Critical Area
boundary in an effort to protect
or enhance water quality and
o conserve plant and animal
habitats of the Critical Area.
K. Local jurisdictions are
encouraged to establish a
program that provides tax
aenefits to landowners who
wish to donate conservation
easements and consider other
inancial incentives as provided
or in Maryland State law, and
are encouraged to identify
other appropriate protection
measures which may include:
acceptance of donations,
acquisition of easements, or
ee simple purchase. Funding
mechanisms for this protection
may include, but not be limited
o, federal and State programs,
ocal bonding authority, or
donations from private
organizations.
L. Local jurisdictions are
encouraged to establish an
education program as a means
by which landowners in the
rical Area may be informed of
the intent of the law, the status
of the local program, and
sources of additional
information and assistance.
M. Controls in a local
program, beyond those
equired by other State
programs or statutes,
designated to prevent the
runoff of pollutants, need not
36 required on sites where the
topography prevents runoff
from either directly or indirectly
entering the tidal waters.
N. The establishment of
buffer areas around sites of
special significance (that is,
Habitat Protection Areas) is
not intended to restrict or
affect, beyond any existing
local, State, or federal laws, or
regulations or on private land,
any private restrictions, such
activities as non-commercial
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passive recreation (for
example, hiking and nature
photography), educational
pursuits, scientific observation,
or hunting trapping, or fishing.
O. The program shall
require that all project
approvals shall be based on
findings that projects are
consistent with the following
goals of the Critical Area law;
(1) Minimize adverse
impacts on water quality that
result from pollutants that are
discharged from structures or
conveyances or that have run
off from surrounding lands;
(2) Conserve fish, wildlife,
and plant habitat; and
(3) Establish land use
policies for development in the
Chesapeake Bay Critical Area
which accommodate growth
and also address the fact that,
even if pollution is controlled,
the number, movement, and
activities of persons in that
area can create adverse
environmental impacts.
P. Counties and
municipalities within their
political boundaries are
encouraged to develop their
Critical Area Protection
Programs cooperatively so that
programs can be developed
more efficiently and so that
common land use objectives
can be realized.
14.15.11 Variances
.01 Local Programs
A. In the preparation of
local programs, local
jurisdictions shall make
provision for the granting of
variances to these criteria
where, owing to special
features of a site or other
circumstances, local
government implementation of
this Subtitle or a literal
enforcement of provisions
within the jurisdiction's Critical
Area Program would result in
unwarranted hardship to an
applicant. These variance
provisions shall be designed in
a manner consistent with the
spirit and intent of this Chapter
and all local Critical Area
Program elements. The
variance provisions shall, at a
minimum, provide for the
following:
(1) That findings are made
by the local jurisdiction which
demonstrate that special
conditions or circumstances
exist that are peculiar to the
land or structure within the
jurisdiction involved and that a
literal enforcement of
provisions within the
jurisdiction's Critical Area
Program would result in
unwarranted hardship;
(2) That a literal
interpretation of this Subtitle or
the local Criticai Area Program
and related ordinances will
deprive the applicant of rights
commonly enjoyed by other
properties in similar areas
within the Critical Area of the
local jurisdiction;
I (3) That the granting of a
variance will not confer upon
an applicant any special
(privilege that would be denied
by this Subtitle or the local
Critical Area Program to other
lands or structures within the
jurisdiction's Critical Area;
f (4) That the variance
request is not based upon
conditions or circumstances
which are the result of actions
by the applicant, nor does the
request arise from any
condition relating to land or
building use, either permitted
or non-conforming, on any
neighboring property;
(5) That the granting of a
variance will not adversely
affect water quality or
adversely impact fish, wildlife,
or plant habitat within the
purisdiction's Critical Area, and
pat the granting of the
variance will be in harmony
with the general spirit and
intent of the Critical Area law
and the regulations adopted in
this Subtitle; and
(6) That applications for a
variance will be made in writing
to the local approving authority
with a copy provided to the
Commission.
B. Local jurisdictions may
establish additional, more
restrictive standards for the
granting of variances
consistent with the intent and
purposes of this Subtitle and
the approved local Critical
Area Program, and further
shall establish notification
procedures to permit
Commission review of findings
made in the granting of
variances.
C. Appeals from decisions
concerning the granting or
denial of a variance under
these regulations shall be
taken in accordance with all
applicable laws and
procedures of each local
jurisdiction for variances.
Variance decisions by local
Boards of Appeal or the local
legislative body may be
appealed to the Circuit Court in
accordance with the Maryland
Rules of Procedure. Appeals
may be taken by any person,
firm, corporation, or
governmental agency
aggrieved or adversely
affected by any decision made
under this Section, and the
Chairman may appeal an
action or decision even if the
Chairman was not a part to or
is not specifically aggrieved by
the action or decision.
Solomon Liss, Chariman
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AGREEMENT FOR THE
CHERRY CREEK BASIN AUTHORITY
THIS AGREEMENT entered into as of this f^^ day of
, 1985 by and among the following:
1. Arapahoe County;
2. Douglas County;
3. The Town of Castle Rock;
4. The Town of Parker;
5. Greenwood Village;
6. The City of Aurora;
7. The Arapahoe Water and Sanitation District;
8. Cottonwood Metropolitan Dictrictf tOa^r ^J S*,-A*,'~< ktfJW^r.
9. Denver Southeast Suburban Water and Sanitation District; }
10. Inverness Water and Sanitation District;
11. Meridian Metropolitan District;
12. Parker Water and Sanitation District; and
13. Stonegate Center Metropolitan District.
WHEREAS, the parties to this Agreement have the authority
pursuant to Article XIV, Section 18 of the Colorado Constitution
and Section 29-1-201, et seq., Colorado Revised Statutes, to
enter into intergovernmental agreements for the purpose of
providing any service or performing any function which they can
perform individually;
WHEREAS, the parties deem it necessary and advisable to
enter into this Agreement in order to set forth their goals and
objectives in implementing the Cherry Creek Basin Water Quality
Management Master Plan (hereinafter referred to as the Plan)
heretofore adopted by the Water Quality Control Commission of the
State of Colorado;
WHEREAS, the parties, by their execution and adoption of
this Agreement, wish clearly to memorialize their acceptance of
the basic goals and objectives of said plan, which goals and
objectives are promulgated for the general health and safety of
all persons living, and utilizing water and property, within the
Cherry Creek Basin, while recognizing the inherent governmental
limitations incumbent upon each such party;
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WHEREAS, the parties wish to establish herein an agenda for
the implementation of the goals and objectives of the plan by the
creation of alternative mechanisms by which the separate
governmental entities signatory hereto may lawfully and prudently
plan and budget monies for the funding of structures and programs
for the control of phosphorus discharge into the Cherry Creek
Basin;
NOW, THEREFORE, the parties hereby mutually agree as
follows:
1. Cherry Creek Basin Authority. There is hereby
established a Cherry Creek Basin Authority consisting of one
voting member from each entity signatory hereto.
2. Voting. There is hereby created three categories of
votes, representing the three types of governmental entities
signatory hereto. In order for future phosphorus allocations,
site plan approvals for site plans filed after the effective date
of this agreement, discharge permits, plan amendments and budget
and funding decisions to be approved, modified, or adopted, the
same shall require that the following combinations be attained:
(1) at least one affirmative vote from those counties signatory
hereto, (2) at least one-half of those cities and towns signatory
hereto, and (3) at least one-half of the special districts
signatory hereto. All other decisions shall be made and decided
by majority vote of all entities present and voting.
3. Purpose of Agreement. The parties hereby agree that, in
order to provide for a coordinated approach to the protection of
the water Quality of the Cherry Creek Basin, the following
purposes must be accomplished:
a. Parties signatory hereto must commit funds for
completion of initial engineering and planning,
which funds are pledged pursuant to paragraph 6
hereof;
b. The parties must establish, by agreement, a
prioritized listing of actions to be accomplished;
c. The parties, by agreement, must establish a time
table for the accomplishment for those actions
specified in the preceding subparagraph;
d. The parties, by agreement, must establish a date
certain for the commencement and completion of
- necessary engineering studies.
The overall goals to be accomplished by the parties in
completion of the above tasks include, but are not limited to,
the following:
1. Provide for a regional, coordinated approach to
phosphorus control in the Cherry Creek Basin;
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2. Provide for a regional, coordinated approach for the
construction and operation and maintenance of
nonpoint phosphorus control projects;
3. Provide for regional, coordinated water quality
monitoring of Cherry Creek Reservoir, Cherry Creek
and the waters flowing into them, as well as
recommending water quality standards for the
reservoir and its tributary waters, as appropriate;
4. Provide for coordination with state and federal
agencies having water quality responsibilities in
the Cherry Creek Basin;
5. Make recommendations to the Regional Planning Agency
and Water Quality Control Division, as appropriate,
on phosphorus allocations to all sources and special
allocations from the reserve pooling;
6. Provide for benefits to the parties to this
Agreement, including but not limited to continuing
local control over the herein described water
quality programs and a continued or increased level
of phosphorus load allocations; both of which will
result in significant cost savings and the ability
to provide for continued population growth in the
respective jurisdictions of each of the parties
hereto.
4. Officers; Bylaws. The Authority has the authority to
elect such officers and adopt such bylaws and internal
regulations as are necessary and convenient to carry out the
purposes of this Agreement.
5. Duties and Responsibilities. The Authority shall have
the following duties and responsibilities:
a. To seek legislative action from the Colorado
Legislature to provide for any of the following;
1. Any necessary amendments to existing state
statutes to grant specific bonding and taxing
authority to counties, municipalities, and
special districts to utilize in the operation of
a basin wide authority, or
_ 2. The creation of a specific basin wide authority
with taxing and/or bonding powers, such as the
specific authorities found in C.R.S. 1973,
29-1-204, 29-1-204.2, and 29-1-204.5.
b. The Authority, subject to funding limitations, shall
have the following duties and responsibilities:
-------
1. Develop and implement plans for water quality
control strategies for the Cherry Creek Basin
watershed and revise those plans as needed.
2. To the extent funds are, or may be made,
available, construct, operate and maintain
nonpoint phosphorus control projects;
3. Review nonpoint source control projects
constructed in Cherry Creek Basin and recommend
operation and maintenance plans, monitoring
systems and phosphorus credits;
4. Recommend to the Regional Planning Agency and
Water Quality Control Commission amendments to
the water quality plan and wasteload allocations
for the phosphorus sources in the Cherry Creek
Basin;
5. Recommend to the Water Quality Control Division
temporary allocations of phosphorus from the
reserve pool to any entity which due to an
emergency, upset or bypass condition is unable
to meet their phosphorus allocation;
6. Oversee and conduct water quality monitoring in
the Cherry Creek Basin and review, analyze and
report on the water quality monitoring results
to the Regional Planning Agency and Water
Quality Control Commission;
7. Recommend to the local governments erosion and
urban runoff control standards, which may be
adopted by those local governments, for the
Cherry Creek Basin;
8. Recommend programs to decrease the phosphorus
contributions from septic systems, industrial
sources, construction, or any other activities
in the Cherry Creek Basin;
9. Conduct pilot studies on nonpoint source control
projects, including monitoring of the
effectiveness of certain projects and erosion
control measures;
10. Prepare reports, including reports on the water
quality of Cherry Creek Reservoir; audits on the
construction projects, annual operations,
maintenance and administrative summaries; audits
upon the completion of each major construction
project; and any other reports requested by the
Authority;
-------
11. Enter into lawful Agreements with any person,
private corporation or business, or any federal,
state or local government agency for the
purposes contemplated by this Agreement;
12. Recommend nonpoint phosphorus control projects
for construction and recommend funding
mechanisms for constructions, operation and
maintenance for nonpoint source projects within
the Cherry Creek Basin;
13. Pursue continued study of potential phosphorus
control solutions;
14. Analyze the cost effectiveness of recommended
standards, regulations, ordinances and control
projects;
15. Adopt annual scopes of work, budgets and fee
assessments (pursuant to the limits of Section 6
herein) to carry out its responsibilities;
16. Hire staff as needed and/or contract with a
public agency as an administrative agency to
provide accounting, administrative, secretarial,
audit, payroll and other staff functions;
17. Draft and continuously update a five-year
projection of phosphorus loading levels and
phosphorus discharge requirements for the Cherry
Creek Basin;
18. Do any and all acts and things necessary to
effectively exercise the powers given in this
Agreement.
6. Funding. Each party signatory hereto agrees to provide
$15,000 from its 1986 budget to fund ongoing monitoring and the
activities specified in paragraph 3a through 3d above. To the
extent funds are, or, in the exercise of sound legislative
discretion may be made, available for subsequent fiscal years,
the parties agree to budget a similar, or other agreed upon, sum
in subsequent years to accomplish the purposes of this Agreement
including the costs of planning, construction, operation and
maintenance of improvements. The parties hereto pledge their
best efforts, exercised in good faith, to provide funds for
implementation of this Agreement until the legislative solutions
to be sought pursuant to paragraph 5a hereof are attained.
In the event a governmental entity, in the exercise of its
legislative discretion, is unable, due to budgetary
considerations, to provide the funds specified herein in any
fiscal year subsequent to 1986, the entity shall be provided an
-------
opportunity until the 31st of January of the subsequent year to
pay its proportionate share of funds due for the previous and the
then-current year as called for herein from subsequent budgets or
such other funds as the entity shall deem appropriate and lawful.
7. Enforcement. It shall be the responsibility of each
party to this Agreement, having jurisdiction within the watershed
covered by the plan, to consider the implementation of the water
quality management plan agreed upon by the Cherry Creek Basin
Authority. Members should use their best efforts to consider for
adoption those erosion controls regulation that are recommended
by the Authority as part of the water qualify control strategy.
Adoption and enforcement of any such regulations shall remain
within the sole jurisdiction and be the complete responsibility
of each individual member.
8. Termination and Withdrawals.
a. Discharge permits issued and their phosphorus
wasteload allocations are available because of the
nonpoint source control plan to remove 50% of the
nonpoint source phosphorus basinwide, to a level of
10,270 pounds of phosphorus per year. In the event
that a member of the Authority ceases to participate
or withdraws from participation in the Authority and
its projects: (1) the withdrawing member shall have
one hundred twenty (120) days, following written
notice, in which to cure their withdrawal. If the
withdrawal is not cured, the party shall lose all
rights and benefits under this Agreement, which
rights and benefits may be reassigned by action of
the Authority.
b. Subject to the provisions of paragraph 6 hereof,
should any member of the Authority fail to
appropriate funds to satisfy its annual fee
assessment, the rights and benefits accorded to such
member by this Agreement may be terminated and may
be reassigned by the Authority.
9. Addition of New members. New members, who are counties,
municipalities, or special districts providing wastewater
treatment services in the Cherry Creek basin, shall be admitted
after approving and signing this agreement; agreeing to comply
with the conditions, restrictions and limitations outlined in the
bylaws of the Authority; and reimbursing the Authority for
expenses incurred by the Authority for water quality monitoring
and planning for the basin, and complying with conditions in the
bylaws for new members.
10. Term of Agreement. This Agreement shall endure for a
period of five (5) years from July 1, 1985. After this time, the
Agreement shall be deemed to automatically renew each year;
unless two-thirds of the members of the Committee vote to cancel
the Agreement.
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11. Amendment. This Agreement may be amended only by the
unanimous vote of the entire Cherry Creek Basin Authority
membership.
12. Execution. This Agreement shall be executed by the
appropriate elected officials of each member.
DOUGLAS COUNTY, COLORADO
By: /•
Attest
By:
Attest:
By:
-**^**$-9^t*
ARAPAHOE COUNTY, COLORADO
By:
The Town of Castle Rock,
a Colorado municipal corporation
U
The City of Greenwood Village,
a Colorado municipal corporation
By:
Attest
By:
The City of Aurora,
a Colorado municipal corporation
By:
The Town of
a Colorado municipal corporation
-------
The Arapahoe Water and Sanitation
District, a quasi-municipal
corporation
By:
flJMJJJU x
Cottonwood Metropolitan
a quasi-municipal corporation
By:
/
Denver Southeast Suburban Water and
Sanitation District, a quasi-
municipal corporation
Meridian Metropolitan .
District, a quasi-municipal
corporation
By;
Inverness'Water and Sanitation District,
a quasi-municipal corporation
Pa/rker/ Water and Sanitati<
Di^trxict, a quasi-munici]
corporation
-
-------
Stonegate Center Metropolitan
District, a quasi-municipal
-------
1988
HOUSE BILL NO. 1029.
BY REPRESENTATIVES D. Williams, Ruddick, Carpenter, Chlouber,
P. Hernanaez, Masson, and Neale;
also SENATOR Fenlon.
CONCERNING THE CREATION OF THE CHERRY CREEK BASIN WATER
QUALITY AUTHORITY.
Ete It enacted bv_ the General Assembly of the State of Coloraoo:
SECTION 1. Title 25, Colorado Revised Statutes, 1982
Reel. Vol., as amended, is amended BY THE ADDITION Or A NEW
ARTICLE to-read:
ARTICLE E.5
Cherry Creek Basin Water Quality Authority
25-6.5-101. Legislative declaration. (1) The general
assembly hereoy fines ano Declares tnat the organization of a
Cherry Creek basin water quality authority will:
(a) Be for the public benefit and advantage of the
people of the state of Colorado;
(b) Benefit the inhabitants and landowners within the
authority by preserving water Duality in Cherry Creek and
Cherry Creek reservoir;
(c) Benefit the peonle of the state of Colorado by
preserving waters for recreation, fisheries, water supplies,
and other beneficial uses;
(d) Promote the health, safety, and welfare of the
people of the state of Colorado.
(2) It is further declared that the authority will
provide for effective efforts by the various counties.
Capital letters indicate new material added to existing statutes;
dashes through woras indicate deletions from existing statutes and
such material not part of act.
-------
municipalities, special districts, and landowners within the
boundaries of tne authority in the protection of water
quality.
(3) It is further declared that the authority should
provide tnat new developments and construction activities pay
their equitable proportion of costs for water quality
preservation and facilities.
(4) This article, being necessary to secure the public
health, safety, convenience, and welfare, shall be liberally
construed to effect its purposes.
25-8.5-102. Definitions. As used in this article,
unless tne context otherwise requires:
(1) "Agricultural lands" means all lands except land
rezoned by a county or municipality for business, commercial,
residential, or similar uses or suodivided lands. Those
include property consisting of a lot with one acre or more in
size which contains a dwelling unit.
(2) "Authority" means the Cherry Creek basin water
quality authority created pursuant to section 25-8.5-102.
(3) "Board" means the governing body of the authority
provided for in section 25-6.5-106.
(4) "County" means any county enumerated in article 5 of
title 30, C.R.S.
(5) "Municipality" means a municipality as defined in
section 31-1-101 (6), C.R.S.
(6) "Publication" means three consecutive weekly
advertisements in a newspaper or newspapers of general
circulation within the boundaries of tne autnority. It shall
net be necessary that an advertisement be made on the same day
of the week in each of the three weeks, out not less than
twelve days, excluding the day of first publication, shall
intervene between the first publication and the last
publication. Publication shall be complete on the date of the
last publication.
(7) "Resolution" means an ordinance as passed by a
member municipality or a resolution as passed by a member
county or special district.
(8) "Soil conservation district" means any soil
conservation district created pursuant to article 70 of title
25f C.R.S.
PAGE 2-HOL'SE BILL NO. 1029
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(9) "Special district" means any dist-ict created
pursuant to article 1 of title 32, C.R.S., whicn has the power
to provide sanitation services or water and sanitation
services and has wastewater treatment facilities within the
boundaries of the authority.
(10) "Wastewater treatment facility" means a facility
providing wastewater treatment services which has a designed
capacity to receive sewage for treating, neutralizing,
stabilizing, and reducing pollutants contained therein prior
to the disposal or discharge of the treated sewage.
"Wastewater treatment facility" do^s not induce any
pretreatment facilities, lift stations, mterceotor lines, or
other transmission facilities to transmit sewage effluent
outside the boundaries of the authority.
25-8.5-1C3. Creation and organization. The Cherry Creek
basin water quality authority is nereoy created. The
authority shall be a quasi-municipal corporation and political
subdivision of the state, with the powers provioed in this
article.
25-8.5-104. Boundaries of the authority. (1) The
boundaries of the authority snail oe oetermined by the
authority, subject to the following:
(a) The boundaries shall be limited to the drainage
basin of Cherry Creek from its headwaters to the carr, at Cherry
Creek reservoir, which the oeneral assemoly hereby fines to
be:
(I) Araoahoe county: Portions of sections thirty-five
and thirty-six, township four south, range sixty-seven west of
the sixth principal meridian; a portion of section thirty-one,
township four south, range sixty-six west of the sixth
principal meridian; portions of sections one, twc, tnree, ten,
fifteen, twenty-two, twenty-three, twenty-seven, and
thirty-four, and all of sections eleven, twelve, thirteen,
fourteen, twenty-four, twenty-five, twenty-six, thirty-five
and thirty-six, township five south, range sixty-seven west of
the sixth principal meridian; all" of sections sever.,
seventeen, eighteen, nineteen, twenty, twenty-one, twenty-twc,
twenty-five, twenty-six, twenty-sever,, twenty-eight,
twenty-nine, thirty, thirty-one, tnirty-two, thirty-three,
thirty-four, thirty-five, thirty-six and portions of sections
five, six, eight, nine, fourteen, fifteen, sixteen,
twenty-three and twenty-four, township five south, range
sixty-six west of the sixth principal meridian; all of section
thirty-one and portions of sections nineteen, twenty-nine,
thirty, and thirty-two, township five south, range sixty-five
west of the sixth principal meridian;
PAGE 3-HOUSE BILL NO. 1029
-------
(II) Douglas county: Portions of sections four, nine,
sixteen, twenty-one, twenty-eight and thirty-three, and all of
sections five, six, seven, eight, seventeen* eighteen,
nineteen, twenty, twenty-nine, thirty, thirty-one, and
thirty-two, township six south, range sixty-five west of the
sixth principal meridian; township six south, range sixty-six
west of the sixth principal meridian; portions of sections
three, ten, fifteen, twenty-one, twenty-two, twenty-eight,
thirty-one, thirty-two and thirty-three, and all of sections
one, two, eleven, twelve, thirteen, fourteen, twenty-three,
twenty-four, twenty-five, twenty-six, twenty-seven,
thirty-four, thirty-five and thirty-six, township six south,
range sixty-seven west of the sixth principal meridian;
portions of sections four, nine, sixteen, and twenty-one, and
all of sections five, six, seven, eight, seventeen, eighteen,
nineteen, twenty, twenty-eight, twenty-nine, thirty,
thirty-one, thirty-two, and thirty-three, township seven
south, range sixty-five west of the sixth principal meridian;
township seven south, range sixty-six west of the sixth
principal meridian; portions of sections four, five, nine,
fourteen, fifteen, sixteen, twenty-tnree, twenty-five,
twenty-six,--and thirty-six, and all of sections one, two,
three, ten, eleven, twelve, thirteen, and twenty-four,
township seven south, range sixty-seven west of the sixth
principal meridian; portions of sections twenty-eight and
thirty-three and all of sections four, five, six, seven,
eight, nine, sixteen, seventeen, eighteen, nineteen, twenty,
twent>-one, twenty-nine, thirty, thirty-one, and thirty-twc,
township eight south, range sixty-five west of tne sixth
principal meridian; portions of sections six, seven, eighteen,
nineteen, twenty-nine, thirty, and thirty-one, and all of
sections one, two, three, four, five, eight, nine, ter.,
eleven, twelve, thirteen, fourteen, fifteen, sixteen,
seventeen, twenty, twenty-one, twenty-twc, twenty-three,
twenty-four, twenty-five, twenty-six, twenty-seven,
twenty-eight, thirty-twc, thirty-three, thirty-four,
thirty-five and thirty-six, township eight south, range
sixty-six west of the sixth principal meridian; a portion of
section one, township eight south, range sixty-seven west of
tne sixth principal meridian; all of sections four, five, six,
seven, eight, nine, sixteen, seventeen, eighteen, nineteen,
twenty, "twenty-one, twenty-eight, twenty-nine, thirty,
thirty-one, thirty-two and thirty-three, township nine south,
range sixty-five west of the sixth principal meridian; all of
township nine south, range sixty-six west excepting portions
of sections six and seven; portions of sections thirteen,
twenty-three, twenty-four, twenty-five, and thirty-six,
township nine south, range sixty-seven west of tne sixth
principal meridian; portions of sections twenty-eight and
thirty-three, and all of sections four, five, six, seven,
eight, nine, sixteen, seventeen, eighteen, nineteen, twenty,
twenty-one, twenty-nine, thirty, thirty-one, and thirty-two,
PASE C-HOUSE BILL NO. 1029
-------
township ten south, range sixty-five west of the sixth
principal meridian; portions of sections five, six, seven,
eight, seventeen, eighteen, nineteen, twenty-nine, thirty,
thirty-one, and all of sections one, two, tnree, four, nine,
ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen,
twenty, twenty-one, twenty-two, twenty-three, twenty-four,
twenty-five, twenty-six, twenty-seven, twenty-eight,
thirty-two, thirty-three, thirty-four, thirty-five end
thirty-six, township ten south, range sixty-six west of the
sixth principal meridian; a portion of section one, township
ten south range sixty-seven west of the sixth principal
meridian;
(b) Lands may be included within the boundaries of the
authority pursuant to section 25-E.5-119.
(c) Lands within the ooundaries identified in paragraph
(a) of this subsection (1) may be excluded from the authority
pursuant to section 25-8.5-120.
(2) The authority shall maintain a current map, showing
all lands that are induced in the authority's bounoaries.
25-8.5-105. Authority members. (1) The following
governmental entities snail oe memoers of the autnority:
(a) Every county which has property within the
authority's boundaries;
(b) Every municipality which has property within the
authority's ooundaries; and
(c) Every special district which includes in its service
area property within the Cherry Creek basin and wnich owns and
operates a westewater treatment services facility in the
Cherry Creek basin. For the purposes of this paragraph (c),
wastewater treatment services snail mean a westewtter
treatment facility with a Designed capacity to receive more
tnan two thousand gallons of sewage per day.
25-6.5-106. foard of directors. (1) The governing body
of the autnority snail oe a ooarcof directors" wnich "shall
exercise and perform ell powers, rights, privileges, and
duties invested or imposed by this article.
(2) Each authority member shall appoint one
representative and two alternates to serve on the board. Any
county, municipality, or special district that provioes
wastewater treatment services by contract with another entity
which is a member of the authority shall not be entitled to a
separate memoer on the board.
PA3E 5-HOUSE BILL NO. 1029
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(3) Directors shall be appointed for terns of two years.
Notice of each appointment shall oe given to tne recording
secretary for the authority.
(<) No director shall receive compensation as an
employee of the authority. Reimbursement of actual expenses
for directors shall not be considered compensation.
(5) An appointment to fill a vacancy on the board shall
be maoe by the authority memoer for the remainder of the
unexpired term.
(6) If a board memoer or designated alternate fails to
attend two consecutive regular meetings of tne board, the
authority may suomit a written reouest to the appointing
authority member to have its representative attend tne next
regular meeting. If, following such reouest, said
representative fails to attend the next regular board meeting,
the board may appoint an interim representative from tne
authority member's jurisdiction to serve until the authority
member appoints a new representative.
(7) An authority memoer, at its discretion, may remove
from office any board memoer or oesignated alternate
representing the authority memoer and appoint a successor.
(8) The board shall elect one of its members as chairman
of the authority and one of its members as secretary-treasurer
and snail appoint a recording secretary wno may be e. memoer of
the board.
(9) The recording secretary shall keep, in a well-bound
book, a record of all of the authority's meetings,
resolutions, certificates, contracts, bonos given by employees
or contractors, and all corporate acts which shall be open to
inspection of all interested parties.
(10) The secretary-treasurer shall keep strict and
accurate accounts of all money received by and disbursed for
and on behalf of the authority.
25-8.5-107. Vetinc. (1) Each authority member, through
its oesignated director or designated alternate acting in the
director's place, snail be entitled to one vote.
(2) Board action upon waste load allocations, site
location, or site plans selected pursuant to section 25-B-7C2,
discharge permits secured pursuant to section 25-6-501,
amendments to the authority's wastewater management plan, and
all budget and funding decisions shall require a vote of the
following combinations of memoer votes:
PAGE 6-HOL'SE BILL NO. 1029
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(a) An affirmative vote of fifty percent of the counties
which are members of the authority; and
(b) An affirmative vote of a majority of the
municipalities which are members of the authority; and
(c) An affirmative vote of a majority of the special
districts which are members of the authority.
(3) All decisions of the board not enumerated in
subsection (2) of this section shall be made and decided by a
majority of the quorum.
(4) A director shall disqualify himself from voting on
any issue in which he has a conflict of interest unless such
director has disclosed such conflict of interest in compliance
with section 18-8-308, C.R.S., in which case such disclosure
shall cure the conflict. A director shall abstain from voting
if the director would obtain a personal financial gain from
the contract or services being voted upon by the authority.
25-8.5-108. Ex officio members. (1) Ex officio members
shall be provided with notice of the authority meetings. Ex
officio members shall not serve on the board. Ex officio
members are not voting members. The following shall be
considered ex officio members:
(a) Every soil conservation district of which more than
two-thirds of its territory is included within the authority's
boundaries;
(b) Any other governmental or quasi-governmental agency
designated as an ex office member by the authority.
25-8.5-109. Meetings. (1) The board shall fix the time
and place at which its regular meetings shall be held and
provide for the calling and holding of special meetings.
(2) Notice of the time and place designated for all
regular meetings shall be posted at the office of the county
clerk and recorder of each of the counties included within the
authority. Such notices shall remain posted and shall be
changed in the event that the time or place of such regular
meetings is changed.
(3) Special meetings of the board shall be held at the
call of the chairman or upon request of two board members.
The authority shall inform all board members five calendar
days before the special meeting and shall post notice in
accordance with subsection (2) of this section at least three
days before the special meeting of the date, time, and place
of such special meeting and the purpose for which it is
PAGE 7-HOUSE BILL NO. 1029
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called.
(4) All business of the board shall be conducted only
during said regular or special meetings, and all said meetings
shall be open to the public, but the board may hold executive
sessions as provided in article 9 of title 29. C.R.S.
25-8.5-110. Powers of board - organization
administration. ~{T]TUeboardhasthefollowingpowers
relating to carrying on the affairs of the authority:
(a) To organize, adopt bylaws and rules of procedure,
and select a chairman and chairman pro tempore;
(b) To make and pass resolutions and orders which are
necessary for the governance and management of the affairs of
the authority, for the execution of the powers vested in the
authority, and for carrying out the provisions of this
article;
(c) To fix the location of the principal place of
business of the authority and the location of all offices
maintained under this article;
(d) To prescribe by resolution a system of business
administration, to create any and all necessary offices, to
establish the powers and duties and compensation of all
employees, and to require and fix the amount of all official
bonds necessary for the protection of the funds and property
of the authority;
(e) To appoint and retain employees, agents, and
consultants to make recommendations, coordinate authority
activities, conduct routine business of the authority, and act
on behalf of the authority under such conditions and
restrictions as shall be fixed by the board;
(f) To prescribe a method of auditing and allowing or
rejecting claims and demands and a method for the letting of
contracts on a fair and competitive basis for the construction
of works, structures, or equipment or for the performance or
furnishing of such labor, materials, or supplies as may be
required for the carrying out of any of the purposes of this
article.
25-8.5-111. Powers of authority - general and financial.
(1) In order to accomplish its purposes, the authority has
the power to:
(a) Develop and Implement, with such revisions as become
necessary in light of changing conditions, plans for water
quality controls for the reservoir, applicable drainage basin,
PAGE 8-HOUSE BILL NO. 1029
-------
waters, and watershed;
(b) Conduct pilot studies and other studies that may be
appropriate for the development of potential water quality
control solutions;
(c) Develop and implement programs to provide credits,
incentives, and rewards within the Cherry Creek basin plan for
water quality control projects;
(d) Recommend the maximum loads of pollutants allowable
to maintain the water quality standards and allocate, if
delegated the power to pursuant to federal or state law, waste
loads among both present and future sources of pollutants;
(e) Recommend erosion controls and urban runoff control
standards;
(f) Recommend septic system maintenance programs;
(g) Incur debts, liabilities, and obligations;
(h) Have perpetual existence;
(i) Have and use a corporate seal;
(j) Sue and be a party to suits, actions, and
proceedings;
(k) Enter into contracts and agreements affecting the
affairs of the authority including, but not limited to,
contracts with the United States and the state of Colorado and
any of their agencies or instrumentalities, political
subdivisions of the state of Colorado, corporations, and
individuals;
(1) Acquire, hold, lease (as lessor or lessee), and
otherwise dispose of and encumber real and personal property;
(m) Acquire, lease, rent, manage, operate, construct,
and maintain water quality control facilities or improvements
for drainage, nonpoint sources, or runoff within or without
the authority;
(n) Establish rates, tolls, fees, charges, and penalties
except on agricultural land for the functions, services,
facilities, and programs of the authority; except that the
total annual budgeted rates, tolls, fees, and charges for
property owners shall not exceed thirty percent of the annual
authority budget and shall not exceed the total annual
budgeted fees to be paid by users of the Cherry Creek
reservoir;
PAGE 9-HOUSE BILL NO. 1029
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(o) Establish in cooperation with tne department of
natural resources fees for Cherry Creek reservoir users, which
amounts shall be subject to the review and approval of the
board of parks and outdoor recreation, which shall not
unreasonably withhold approval. Said reservoir fees,
including all users regardless of activity, however
established, shall not in total exceed the amount that would
be collected if the reservoir user fee was one dollar per
reservoir user per year.
(p) (I) Levy and collect ad valorem taxes on and against
all taxable property within the authority subject to the
limitation that no mill levy for any fiscal year shall exceed
one-half mill, however, ad valorem taxes greater than one-half
mill can be levied by the authority if it is approved by the
electors at an election held according to the procedures of
part 8 of article 1 of title 32, C.R.S.
(II) No property tax shall be levied until the fees from
the recreation users and the development fees are established.
(q) Issue and refund revenue and assessment bonds and
pledge the revenues of the authority or assessments therefor
to the payment thereof in the manner provided in part 4 of
article 35 of title 31, C.R.S., and as provided in this
article;
(r) Invest any moneys of the authority in any manner
permitted by law;
(s) Review and approve water quality control projects of
any entity other than the authority within the boundaries of
the authority;
(t) Except that the authority shall not have the power
to regulate agricultural nonpoint source activities; such
agricultural nonpoint source activities sha-11 be subject only
to the provisions of section 25-8-205 (5);
(u) Have and exercise all rights and powers necessary or
incidental to or implied from the specific powers granted to
the authority by tnis article. Such specific powers shall not
be considered as e limitation upon any power necessary or
appropriate to carry out the purposes and Intent of this
article.
25-8.5-112. Power to issue bonds. To carry out the
purposes of this article, the board 1s authorized to Issue
revenue or assessment bonds of the authority. Bonds shall
bear Interest at a rate such that the net effective interest
rate of the issue of bonds does not exceed the maximum
interest rate set forth in the resolution adopted by the board
PAGE 10-HOUSE BILL NO. 1029
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authorizing the issuance of the bonds, payable semi annually,
and shall be due and payable serially, either annually or
semiannually, commencing not later than three years after date
of issuance. The form and terms of said bonds, including
provisions for their payment and redemption, shall be
determined by the board. If the board so determines, such
bonds may be redeemable prior to maturity upon payment of a
premium not exceeding three percent of the principal tnereof.
Said bonds shall be executed in the name and on behalf of the
authority, signed by the chairman of the board with the seal
of the authority affixed thereto, and attested by the
secretary of the board. Said bonds shall be in such
denominations as the board shall determine, and the bonds and
coupons shall bear the original or facsimile signature of the
chairman of the board.
25-8.5-113. Revenue refunding bonds. Any revenue bonds
issued by the authority may be refunoed by the authority, or
by any successor thereof, in the name of the authority,
subject to the provisions concerning their payment and to any
other contractual limitations in the proceedings authorizing
their issuance or otherwise appertaining thereto, by the
issuance of bonds to refund, pay, and discharge all or any
part of such outstanding bonds, including any interest on the
bonds in arrears or about to become aue, for the purpose of
avoiding or terminating any default in the payment of the
interest on and principal of the bonds, of reducing interest
costs or effecting other economies, or of modifying or
eliminating restrictive contractual limitations appertaining
to the issuance of additional bonds or to any system
appertaining thereto o1* for any combination of such purposes.
Refunding bonds may be delivered in exchange for the
outstanding bonds refunded or may be sold as provided in this
article for an original issue of bonds.
25-8.5-114. Use of proceeds of revenue refunding bonds.
The proceeds of revenue refunding bonds shall either oe
immediately applied to the retirement of the bonds being
refunded or be placed in escrow in any state or national bank
within the state which is a member of the federal deposit
insurance corporation to be applied to the payment of the
bonds being refunded upon their presentation therefor; but, to
the extent any incidental expenses have been capitalized, such
refunding bond proceeds may be used to defray such expenses,
and any accrued interest and any premium appertaining to a
sale of refunding bonds may be applied to the payment of the
Interest thereon or the principal thereof, or both interest
and principal, or may be deposited in a reserve therefor, as
the board may determine. Any such escrow shall not
necessarily be limited to proceeds of refunding bonds but may
Include other moneys available for its purpose. Any proceeds
in escrow, pending such use, may be invested or reinvested in
PAGE 11-HOUSE BILL NO. 1029
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any items permitted by the state of Colorado and bills,
certificates of indeotedness, notes, or bonds wnich are direct
obligations of, or the principal and interest of which
obligations are unconditionally guaranteed by, the United
States. Such proceeds and investments in escrow, together
with any interest to be derived from any such investment,
shall be 1n an amount at all times sufficient as to principal,
interest, any prior redemption premium due, and any charges of
the escrow agent payable therefrom to pay the bonds being
refunded as they become due at their respective maturities or
due at any designated prior redemption dates in connection
with which the board shall exercise a prior redemption option.
Any purchase of any refunding bond issued under this article
shall in no manner be responsible for the application of the
proceeds thereof by the authority or any of its officers,
agents, or employees.
25-8.5-115. Facilities - comprehensive program.
(1) The authority, acting by and through the boara, may
acquire, construct, lease, rent, Improve, equip, relocate,
maintain, and operate water quality control facilities, any
project, or any part thereof for the benefit of the authority
and the inhabitants thereof, after the board has made such
preliminary studies and otherwise taken such action as it
determines to be necessary or desirable.
(2) (a) The authority shall develop a comprehensive
program for the water quality control facilities specified in
subsection (1) of this section. A comprehensive program may
consist of one project or more than one project.
(b) A hearing on the proposed comprehensive program
shall be scheduled, and notice of the hearing shall be given
by publication and posted in the office of the county clerk
and recorder of each member county. Upon closure of the
hearing, the board may either require changes to be made in
the comprehensive program or the board may approve or reject
the comprehensive program as prepared.
(c) If any substantial changes to the comprehensive
program are ordered at any time, a further hearing shall be
held pursuant to notice which shall be given by publication.
25-8.5-116. Coordination with drainage and flood control
measures. (1) Any exercise by the authority of the powers
granted by section 25-8.5-111 or 25-8.5-115 which affects
drainage and flood control shall be consistent with and
conform to the drainage and flood control program of the urban
drainage and flood control district adopted pursuant to
section 32-11-214, C.R.S., the resolutions, rules,
regulations, and orders of the district issued pursuant to
section 32-11-218 (1) (e), C.R.S., and any flood plain zoning
PAGE 12-HOUSE BILL NO. 1029
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resolutions, rules, regulations, anc orders of any public body
having jurisdiction to adopt the same.
(2) Construction by the authority of drainage or water
quality control facilities which might or will affect drainage
or flood control within the boundaries of the urban drainage
and flood control district shall not be undertaken until a
proposal therefor has been presented to and approved by the
board of directors of said district. Such proposal shall
demonstrate compliance with the requirements of subsection (1)
of this section, and the board shall apply the same standards
of flood control and drainage criteria for approval thereof as
it applies for review of proposals presented for approval
pursuant to section 32-11-221, C.R.S. The provisions of
section 32-11-221, C.R.S., shall apply to the presentation,
consideration, and determination by said board of directors of
any such proposal or modification thereof.
25-8.5-117. Transfer of powers. (1) Upon the adoption
of the board of directors of the urban drainage and flood
control district and the board of directors of the authority
created herein of a joint resolution delegating the
agreed-upon responsibility to the urban drainage and flood
control district for carrying out and meeting, within the
district's boundaries, the compliance requirements and the
permitting requirements imposed with respect to storm water
runoff quality by the federal "Water Quality Act of 1987" and
any regulations and standards adopted pursuant thereto or
pursuant to state law, all powers contained in this act to
deal with water quality control and compliance relating to the
agreed-upon aspects of storm water runoff and nonpoint sources
of pollution, including financial powers and special
assessment powers but not including ad valorem taxation
powers, shall be transferred to the urban drainage and flood
control district.
(2) Upon the transfer of powers as provided in
subsection (1) of this section, any allocation of waste loads
affecting storm water runoff or nonpoint sources of pollution
proposed or adopted by the authority shall be effective only
upon adoption thereof or concurrence therewith by the board of
directors of the urban drainage and flood control district.
(3) If the urban drainage -and flood control district
accepts the responsibility and the transfer of powers as
provided in subsection (1) of this section, after completion
of a plan for water quality controls by the authority which
involves storm d-ainage runoff or nonpoint sources and after
commencement of implementation of such plan, the district
shall be bound to carry out the plan as it relates to the
storm water and nonpoint source powers transferred to it
within the time requirements, if any, of the plan.
PAGE 13-HOUSE BILL NO. 1029
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25-8.5-118. Power to levy special assessments. (1) The
board, 1n the name of the authority, for tne purpose of
defraying all the cost of acquiring or constructing, or both,
any project or facility authorized by this article, or any
portion of the cost thereof not to be defrayed with moneys
available therefor from its own funds, any special funds, or
otherwise, also has the power under this article:
(a) To levy assessments against all or portions of the
property within the authority and to provide for collection of
the assessments pursuant to part 6 of article 20 of title 30,
C.R.S.;
(b) To pledge the proceeds of any assessments levied
under this article to the payment of assessment bonds and to
create liens on such proceeds to secure such payments;
(c) To issue assessment bonds payable from the
assessments, which assessment bonds shall constitute special
obligations of the authority and shall not be a debt of the
authority; and
(d) To make all contracts, to execute all instruments,
and to do all things necessary or convenient in the exercise
of the powers granted in this article or in the performance of
the authority's duties or in order to secure the payment of
its assessment bonds.
(2) The authority shall give notice, by publication once
in a newspaper of general circulation in the authority, to the
owners of the property to be assessed, which shall include:
(a) The kind of Improvements proposed;
(b) The number of installments and the time in which the
cost of the project will be payable;
(c) A description of the properties which will be
assessed;
(d) The probable cost per acre or other unit basis
which, in the judgment of the authority, reflects the benefits
which accrue to the properties, except no benefit shall accrue
to agricultural lands, to be assessed;
(e) The time, not less than thirty days after the
publication, when a resolution authorizing the improvements
will be considered;
(f) A map of the properties to be assessed, together
with an estimate and schedule showing the approximate amounts
to be assessed, and a statement that all resolutions and
PAGE 14-HOUSE BILL NO. 1029
-------
proceedings are on file and may be seen and examined by any
interested person at the office of the authority or otner
designated place at any time within said period of thirty
days; and
(g) A statement that all complaints and objections by
the owners, of property to be assessed in writing concerning
the proposed improvements will be heard and determined by the
authority before final action thereon.
(3) The finding, by resolution, of the board that said
improvements were ordered after notice given and after hearing
held and that such proposal was properly initiated by the said
authority shall be conclusive of the facts so stated in every
court or other tribunal.
(4) Any resolution or order regarding the assessments or
improvements may be modified, confirmed, or rescinded at any
time prior to the passage of the resolution authorizing the
improvements.
25-8.5-119. Inclusion of territory. (1) Any
municipality, county, or special district, or any portion
thereof, shall be eligible for inclusion upon resolution of
its governing body requesting inclusion in the authority and
describing the property to be included. The authority, by
resolution, may include such property on such terms and
conditions as may be determined appropriate by the board.
(2) Upon receipt of a resolution requesting inclusion,
the board shall cause an investigation to be made within a
reasonable time to determine whether or not the municipality,
county, or special district, or portion thereof, may feasibly
be included within the authority, whether the municipality,
county, or special district has any property which is
tributary to the basin, waters, or watersheds governed by the
authority, and the terms and conditions upon which the
municipality, county, or special district may be included
within the authority. If it is determined that it is feasible
to include the municipality, county, or special district, or
portion thereof, in the authority, and the municipality,
county, or special district has property tributary to the
basin, waters, or watersheds governed by the authority, the
board by resolution shall set the terms and conditions upon
which the municipality, county, or special district, or
portion thereof, may be included within the authority and
shall give notice thereof to the municipality, county, or
special district. If vthe board determines that the
municipality, county, or special district, or portion thereof,
cannot feasibly be included within the authority or otherwise
determines that the municipality, county, or special district
should not be included within the authority, the board shall
PAGE 15-HOUSE BILL NO. 1029
-------
pass a resolution so stating and notifying the municipality,
county, or special district of the action of the board. The
board's determination that the county, municipality, or
special district, or portion thereof, should not be included
in the authority shall be conclusive.
(3) (a) If the governing body of the municipality,
county, or special district desires to include the
municipality, county, or special district, or portion thereof,
within the authority upon the terms and conditions set forth
by the board, the governing body shall adopt a resolution
declaring that the public health, safety, and general welfare
requires the inclusion of said municipality, county, or
special district within the authority and that the governing
booy desires to have said municipality, county, or special
district, or portion thereof, included therein upon the terms
and conditions prescribed by the board. The governing body of
such municipality, county, or special district, before final
adoption of said resolution, shall hold a public hearing
thereon, notice of which shall be given by publication in a
newspaper of general circulation within such municipality,
county, or special district, which shall be complete at least
ten days before the hearing. Upon the final adoption of said
resolution, the clerk of the governing body of such
municipality, county, or special district shall forthwith
transmit a certified copy of the resolution to the board and
to the division of local government in the department of local
affairs.
(b) After receipt of a copy of such resolution, the
board shall pass and adopt a resolution including said
municipality, county, or special district, or portion thereof,
in the authority and shall cause a certified copy thereof to
be transmitted to the division of local government and a
certified copy to the governing body of the municipality,
county, or special district.
(4) The director of said division, uoon receipt of a
certified copy of the resolution of the board, shall forthwith
issue a certificate reciting that the municipality, county, or
special district, or portion thereof, described in such
resolution has been duly included within tne authority
according to the laws of the state of Colorado. The inclusion
of such territory shall be deemed effective uoon the date of
the Issuance of such certificate, and the validity of such
inclusion shall not be contestable in any suit or proceeding
which has not been commenced within thirty days from such
date. The said division shell forthwith transmit to the
governing body of such municipality, county, or special
district and to the board five copies of such certificate, and
the clerk of such governing body shall forthwith record a copy
of the certificate in the office of the clerk and recorder of
PAGE 16-HOUSE BILL NO. 1029
-------
each county in which such municipality, county, or special
district, or portion thereof, is located and file a copy
thereof with the county assessor of each such county.
Additional copies of said certificate shall be issued by the
division of local government upon request.
25-8.5-120. Exclusion of property. (1) Any owner of
property within the boundaries of tne authority may petition
to be excluded from the authority.
(2) In order for such property to be excluded, the board
shall determine that the property to be excluded does not
receive wastewater treatment services or have an individual
sewage disposal system located within the authority and
either:
(a) Was improperly included within the authority; or
(b) Is not tributary to the basin, waters, or watersheds
governed by the authority or will not benefit from projects or
improvements provided by the authority.
(3) Any petition for exclusion shall specify the
property to be excluded, and evidence that the property
complies with the criteria of subsection (2) of this section.
(4) The authority shall provide notice of the date,
time, and place of the authority's meeting to consider the
petition for exclusion.
(5) The authority may approve, modify, or deny a
petition for exclusion.
(6) If the authority approves a petition for exclusion
of property, the authority shall file a copy of said
resolution with the division of local government and with the
county, municipality, or special district authority members
which includes within its boundaries the excluded property,
record a copy of the resolution in the office of the county
clerk and recorder in the county in which said excluded
property is located, and file a copy with the county assessor
in such county.
SECTION 2. Safety clause. The general assembly hereby
PAGE 17-HOUSE BILL NO. 1029
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finds, determines, and declares that this act is necessary for
the inmediate preservation of the public peace, health, and
safety.
arT 6. Biedsoe
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Ted L. Strickland
PRESIDENT OF
THE SENATE
^ /•
sy\*jLs C •
Hec C. Bahryt
Bahrych
CHIEF CLERK OF THE HOUS
OF REPRESENTATIVES
t
Joan M. Albi
SECRETARY OF
THE SENATE
APPROVED
OF THE STATE OF COLORADO
PAGE IB HOUSE BILL NO. 1029
hciCyrK.f E IS93 715 003/87022
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