NATIONAL
ESTUARY
PROGRAM
PUBLIC PARTICIPATION STANDARD FOR TMDL PROGRAM
During the autumn of 1998, the Center for the Inland Bays initiated a Tributary Strategy Program. Local stakeholders (industry, agriculture, municipalities,
golf courses, citizens, etc.) from the Inland Bays watershed were organized into a "Tributary Action Team" or TAT. The Team created a body responsible
for providing guidance and direction to the Center for the Inland Bays in its mission to reduce nutrient contributions and restore habitat in Delaware's
Inland Bays.
THE NATIONAL ESTUARY PROGRAM IN ACTION
Center for the Inland Bays
In January 1999, the Inland Bays
TAT became involved in a coor-
dinated effort with the Delaware
Department of Natural Resourc-
es and Environmental Control
(DNREC) to develop Pollution
Control Strategies to meet the
required Total Maximum Daily
Loads (TMDLs) for nitrogen and
phosphorus in the Inland Bays.
In order to accomplish this, a
public engagement model called
Public Talk - Real Choices was
developed and implemented by
the University of Delaware's Co-
operative Extension Agency,
which co-facilitated the process
with the University's Sea Grant
Marine Advisory Service.
The purpose of Public Talk - Real
Choices was to move formula-
tion and creation of a major pub-
lic policy decision from a public
agency (DNREC) to the public for
deliberation and dialogue. Using
deliberative dialogue as the core,
Public Talk went further by en-
gaging the public in learning
about the issue, framing it for
deliberation, deliberation, weigh-
ing the costs and consequences
of choices, coming to public
judgment, and making decisions.
It was not a model that engaged
a small group to simply make
recommendations to a public
agency that subsequently "sold"
the policies to the public via
public workshops and public
hearings.
"Saving Our Bays: Our Challenge
Our Choice" was the focus of a
series of public forums held dur-
ing the first quarter of 2000.
During these forums, the mem-
bers of the Tributary Action Team
engaged stakeholders in the In-
land Bays watershed in dialogue
and decision-making that as-
sisted the Team with the devel-
opment of Pollution Control
Strategies. To initiate discussion,
perspectives on how stakehold-
ers could live with our Bays were
presented. These perspectives
were introduced in an Issue Book
format. The Issue Book provided
forum participants with informa-
tion, facts and figures, as well as
choices, costs and consequenc-
es for policy options that might
reduce nutrient contributions in
the watershed. For example, one
option suggested an assessment
of impact fees on septic sys-
tems; funds generated from this
fee could be used to supplement
future infrastructure needs, such
as the expansion of central sew-
er districts. All the issues and
policy options contained in the
Issue Books were contributed
and framed by the membership
of the Tributary Action Team.
After the forums were complet-
ed, the TAT considered the public
voice and developed specific
strategies for submission to the
Department of Natural Resourc-
es and Environmental Control.
The Department used these
strategies as the foundation
upon which the Pollution Control
Strategies for Delaware's Inland
Bays were developed. The TAT
continued to consult with the
Department in the process to re-
view and revise the draft Pollu-
tion Control Strategies. When
the strategies were ready to be
introduced to the public, the TAT
members co-hosted several
workshops in the watershed.
During the workshops, special
interest groups objected to a
number of recommendations,
including the riparian buffer
strategy and the proposed septic
system regulations. At subse-
quent public hearings, represen-
tatives from these same special
interest groups expressed their
formal opposition to the pro-
posed Pollution Control Strate-
gies. Incidentally, these same
representatives were early par-
ticipants on the Tributary Action
EFFECTIVE
EFFICIENT
ADAPTIVE
COLLABORATIVE
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Team; however, they abandoned
the process without offering
much input into the development
of the PCS. Opposition to the
proposed Pollution Control Strat-
egies from these special interest
groups continued to grow and
the Delaware General Assembly
responded by introducing legis-
lation to delay the promulgation
of the regulations. Legislation
was tabled when the Delaware
Department of Natural Resourc-
es & Environmental Control com-
mitted to meet privately with the
special interests, who had orga-
nized a body known as "The Co-
alition." The purpose of these
closed-door meetings was to
craft a revised Pollution Control
Strategy that addressed The Co-
alition's concerns. An unfortu-
nate outcome of these meetings
was a very weak and ineffective
buffer component for revised In-
land Bays Pollution Control Strat-
egies.
In response, the CIB determined
differences in buffer nutrient
load reductions between the PCS
drafts. Staff compared two sub-
watersheds representing differ-
ent regions of the Inland Bays
watershed using GIS. The analy-
sis demonstrated significant dif-
ferences in nutrient reductions
that were largely due to the re-
scission of buffers from intermit-
tent waterways in the revised
Pollution Control Strategies. Re-
sults were published in a "white
paper" that was endorsed by the
Inland Bays Scientific & Techni-
cal Advisory Committee. The
Center and the Inland Bays Trib-
utary Action Team then advanced
efforts to reinsert a more com-
prehensive and conservative
buffer strategy by offering rec-
ommendations for an Inland
Bays Watershed Riparian Buffer
System. Center staff published
these recommendations in a 60-
page report that was provided to
the Department of Natural Re-
sources & Environmental Control
and the members of the Dela-
ware General Assembly. The
CIB's recommendations were
met with favor by the DNREC
regulators, who modified the ri-
parian buffer component of the
Inland Bays Pollution Control
Strategies to better protect wa-
ter resources.
The process to develop Pollution
Control Strategies to meet the
established nutrient TMDLs for
Delaware's Inland Bays was a
lengthy and contentious process.
Throughout the proceedings, the
CIB remained adaptive and was
responsive to the many chal-
lenges that developed. After a
decade-long struggle to develop
and promulgate the Inland Bays
Pollution Control Strategies, Gov-
ernor Ruth Ann Minner signed
the regulations into effect at a
ceremony hosted by the Center
for the Inland Bays in autumn
2008. The event was attended
by the Secretary of DNREC, who
commended the work of the In-
land Bays Tributary Action Team
and proclaimed it to be an ex-
ample of success for other Tribu-
tary Action Teams in the State of
Delaware.
Visit www.inlandbays.org to
learn more about this and other
CIB efforts.
EPA's National Estuary Program
(NEP) is a unique and successful
coastal watershed-based program
established in 1987 under the
Clean Water Act Amendments.
The NEP involves the public and
collaborates with partners to pro-
tect, restore, and maintain the wa-
ter quality and ecological integrity
of 28 estuaries of national signifi-
cance located in 18 coastal states
and Puerto Rico,
For more information about the
NEP go to www.epa.gov/owow/
estuaries.
The NEP: Implementing the Clean Water Act in ways that are Effective, Efficient, Adaptive, and Collaborative.
EPA-842F09001
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