Ohio: Dayton - Innovative Approach Balances Source
Water Protection and Economic Development
Background
Dayton, Ohio and much of its surrounding metropolitan area are situated above the
Great Miami Buried Aquifer, which is part of a larger system that was designated as a
sole source aquifer in 1988. This aquifer provides drinking water for 97% of the 900,000
residents in the Miami Valley region of southwestern Ohio, including Montgomery
County. The Great Miami Buried Aquifer consists of interconnected buried valley and
upland systems, with the majority of the water drawn from the buried valley aquifer that
underlies the region's river and stream valleys. The buried aquifers are characterized by
sand and gravel deposits with thin layers of soil covering them, which makes them
particularly vulnerable to contamination through surface water.
The two well fields used for Dayton's public water supply serve approximately 440,000
people in the metropolitan area, including some jurisdictions outside of the city limits.
Dayton's well fields are located within the urbanized core of the area, amidst industrial
and commercial land uses. Land uses in the Dayton area range from highly urban and
industrialized to rural and agricultural uses and includes such things as highways,
railroad lines, an air force base, and an airport. Potential contaminants of Dayton's
source water include:
• organic chemical contaminants, including synthetic and volatile organic chemicals,
which are byproducts of industrial processes and petroleum production, and can also
come from gas stations, urban stormwater runoff, and septic systems;
• inorganic contaminants, such as salts and metals, which can be naturally-occurring or
result from urban stormwater runoff, industrial or domestic wastewater discharges, oil
and gas production, mining, or farming;
• pesticides and herbicides, which may come from a variety of sources such as
agriculture, urban stormwater runoff, and residential uses;
• microbial contaminants, such as viruses and bacteria, which may come from sewage
treatment plants, septic systems, agricultural livestock operations, and wildlife;
• radioactive contaminants, which can be naturally-occurring or result from oil and gas
production and mining activities.
Of these contaminants, industrial hazardous substances pose the largest threat to
Dayton's drinking water. Within the well field protection area, there are approximately
350 businesses that handle or store a total of 150 million pounds of hazardous material.
Priority Contamination Threat
The priority contamination threats to the aquifer are from highly urban and industrialized
uses as well as rural and agricultural uses, including highways, railroad lines, an air
force base, and an airport.
Local Involvement and Developing the Protection Plan
Office of Water (4606M) 816F10036 January 2010
-------
Concern for Dayton's drinking water began in the early 1980's, following several
incidents of ground water contamination near the well fields. In 1985, the city took
several steps to initiate its ground water protection efforts. First, the city hired a
consultant to delineate Dayton's wellfield protection area and identify potential sources of
contamination - nearly 700 sources were identified, most of which were affiliated with
industrial hazardous substances. Second, the city signed a Memorandum of
Understanding (MOU) with the Ohio Environmental Protection Agency (OEPA) that
focused on protecting the city's well fields from incompatible development. The MOU did
not specify how this objective should be accomplished, although it did suggest regulation
of land use in recharge areas.
Dayton's Well Field Protection Program (WFPP) was enabled through the Well Field
Protection Program legislation passed in 1988. The program is operated through the
city's Division of Environmental Management, in the Department of Water. Public
education and involvement were important factors in developing and enacting the Well
Field Protection Program legislation. The Miami Valley Regional Planning Commission
(MVRPC) developed an education and outreach program to inform the public about
ground water protection, including a slide presentation and an accompanying brochure.
These tools were utilized in meetings with citizen groups, business groups and local
officials concerned with expanding Dayton's source water protection program. The slide
presentation was also shown on a local public television channel and cable stations,
which considerably broadened its exposure.
As a result of this outreach effort, the business community became a key stakeholder in
developing the WFPP legislation. In response to the concerns of the business sector, the
WFPP legislation includes an innovative zoning ordinance that is based on chemical
"use intensity" rather than targeting a specific type of commercial activity. Media support
in educating the public was an important factor in getting the legislation passed. This
ordinance and other components of Dayton's WFPP legislation are described below.
As the city's delineated well field protection areas encompass 6,280 acres in Dayton,
Harrison Township, Riverside, Vandalia, Huber Heights, and Wright-Patterson Air Force
Base, the WFPP is a multi-jurisdictional program. From 1989 to 1990, the other four
political jurisdictions passed ordinances that paralleled Dayton's. In 1990 Wright-
Patterson Air Force Base entered into a Memorandum of Understanding with Dayton
with provisions similar to the ordinances, the first-ever agreement between a Department
of Defense facility and a local government for the protection of the local government's
well fields.
Many risk reduction activities of the program are funded by a customer surcharge on
public water rates, initially $1 per 1000 cubic feet of water. This amounted to about $10
per year for an average household, although it can cost considerably more for some
businesses and industrial customers. The Well Field Protection Fund Board was created
through the 1988 WFPP legislation to administer this fund. The Board is comprised of
the city's Director of Water, Director of Planning, Director of Finance, and the
Montgomery County Administrator. The ordinance specifies a $10 million cap on
unencumbered funds, so when the ceiling was reached no funds were collected from fall
of 1994 through fall of 1999. Collection was then resumed at $.50 per 1000 cubic feet,
half the original rate. At this rate, about $1.5 million is generated each year. (Dayton
Office of Water (4606M) 816F10036 January 2010
-------
WFPP personnel costs and routine operating expenses are borne by the water utility
through water rates, not taken from the Well Field Protection Fund.)
Management Measures
The goal of Dayton's WFPP is to balance a safe, abundant drinking water supply with
continued economic development. Some of the most innovative components of the
program include land use regulations, assistance and incentives for business owners,
and education/outreach efforts.
Land Use Regulations
The 1988 WFPP legislation enacted several separate ordinances to enhance source
water protection efforts, including the creation of two new zoning districts. The wellhead
operation district (WO) is defined as the property under control of the water supplier,
where water supply wells are located. Permitted uses in this area other than water
supply, treatment, and operations facilities include parks, playgrounds, golf courses and
community centers. The second district is the well field protection overlay district (WP),
and includes all property within the well field protection area other than those identified
as a WO. The city's 2,630 acres within the WO and WP make up 7.3% of the entire area
of the City of Dayton.
The WP regulations primarily supplement, rather than replace, the uses permitted in the
underlying zoning ordinance. Landfills, demolition debris disposal, new underground
storage tanks, and dry wells are prohibited in the WP, and there is a required review and
permitting process for mineral extraction and mining. The key feature of the WP
regulation is the innovative Hazard Potential Ranking System, which determines the
"use intensity" of each site. When the Well Field Protection Program was established in
1988, businesses were initially required to report their inventory of Regulated
Substances, chemicals whose Material Safety Data Sheets indicate that they present a
health threat to humans. Businesses were to report the maximum amount of Regulated
Substances that they ever anticipated having at their site at one time, and this amount
(in pounds) was established as the business's Total Maximum Daily Inventory (TMDI).
Another component of the use intensity is the Facility Hazard Potential Rating (FHPR).
The FHPR is a value from 1-9, with 9 being the highest hazard. Water Department staff
utilizes a table indicating how threatening to ground water different chemicals are, and
uses the business' report to find out how many pounds of chemicals are rated 9, 8, 7,
etc. The relative amounts of chemicals of different hazards are used to calculate the
weighted average of the hazard of the facility as a whole, the FHPR. The TMDI and
FHPR are calculated for each existing business in the WP. According to the 1988 WFPP
legislation, a new business seeking to locate in the WP can only do so if the TMDI and
FHPR of the new business do not exceed that of the former occupant of that parcel.
Ordinances in the other jurisdictions contain the same provisions.
Assistance and Incentives for Business Owners
To assist potential business owners who wish to locate in the WP, Dayton's Department
of Water has published a "Guide to Starting a Business in the Well Field Protection
Overlay District". The guide lists substances that are regulated in the WP, lists non-
regulated and exempted substances, outlines the steps that new businesses must do in
order to obtain a permit (supplemented with an easy-to-read handy flow chart), explains
economic incentives such as the Risk Point Buy Down policy and 0% interest loans
Office of Water (4606M) 816F10036 January 2010
-------
(described below), and answers frequently asked questions about the regulations. This
guide is available on-line at http://www.citvofdayton.org/water/em/busguide.pdf.
To provide property owners in the WP with a financial incentive to reduce their amount of
chemical inventory, Dayton developed the Risk Point Buy Down (RPBD) program. The
number of Risk Points for a site are found by multiplying its TMDI times its FHPR. To be
eligible to receive RPBD funds, an existing or a prospective new property owner must
agree to permanently reduce the number of Risk Points for the site. Business owners
must also agree to a deed restriction or a conservation easement assuring that the lower
number of risk points is permanently established for the site. The amount of RPBD funds
granted to the business owner depends on the availability of funding, the percent of
reduction, and the appraised value of the property. RPBD funds are awarded by the
Fund Board in the form of a five-year forgivable loan. Property owners in any jurisdiction
in the WFPA are eligible to apply for a RPBD.
Another form of financial assistance that is available to new or existing businesses in the
POD is a 0% interest loan for projects that will reduce the risk to the ground water from
the business' operation. Some examples have been underground storage tank removals
and upgrades, and a building addition to house hazardous waste formerly stored
outside.
Education/Outreach
One highlight of the Dayton WFPP's education and outreach program is the Children's
Water Festival, a one-day event held every May for about 1,500 area students in grade
4. The mission of the festival is to heighten children's awareness about water resources
and their role in helping to protect them. The day is filled with fun and memorable
activities that are designed to encourage the adoption of sound environmental values
and stewardship roles. Activities include games, experiments, exhibits, and entertaining
presentations on ground water, surface water, conservation, land use, and other water-
related topics. About 20% of the cost of the Festival is funded by the WFPP Fund, and
the remainder is funded by private sponsors (either through financial donations or in-kind
support). Sponsors' names are listed in all Festival publications, and are displayed in
exhibit halls and buildings. In recognition of their support, representatives from donor
organizations are also invited to a luncheon and given a guided tour of the festival. The
Festival also requires about 400 volunteers to help the day run smoothly, and they are
provided with lunch, refreshments, and Festival memorabilia.
Another highlight of the Dayton WFPP education and outreach program is a newsletter
titled PROGRESS (Promoting Regional Opportunities for Growth Recognizing
Environmentally Sensitive Settings) News. Since 1996, Dayton's WFPP has published
this quarterly newsletter for over 2,000 citizens, businesses, organizations, and
jurisdictions affected by Dayton's well field protection program. The newsletter profiles
new businesses that have successfully located in the well field protection area, existing
businesses that have reduced their risk of contamination through WFPP programs,
highlights Well Field Protection Program staff and events such as the Children's Water
Festival, and provides details on the funding opportunities available through the
program. PROGRESS News won a Bronze Quill Award from the Dayton Chapter of the
International Association of Business Communicators in 2000, followed by the
organization's Silver Quill Award for District 7, which includes all of Ohio, Indiana, and
Office of Water (4606M) 816F10036 January 2010
-------
Michigan. In 2003 PROGRESS News received the Best of Show Award in the Technical
Publications Category from the Southwestern Ohio Chapter of the Society for Technical
Communication.
Contingency Planning
Dayton currently has 100 production wells in operation, but not all are pumped at the
same time. They provide operational flexibility in case contamination renders some of
them unusable. For example, due to the fire and resulting chemical release at a
Sherwin-Williams paint facility in 1987, four nearby production wells were temporarily
disconnected from the production system and converted to use for remediation. By
1992, remediation was complete, and the wells were restored to use.
For long-range quantity planning, Dayton is developing a third well field, known as the
Miami North Well Field, or the Rip Rap Road well field. When the delineation was done
in developing Dayton's WFPP, this well field was included in the model and therefore is
already protected by the program. For very long-range contingency planning, Dayton
has purchased suitable land along the Mad River in Clark County, Ohio, about seven
miles northeast of its Mad River Well Field. No piping exists to this area, thus it would
take more than a year to put this well field into production.
Measuring Program Effectiveness
Dayton's source water protection program has been widely recognized in the United
States for its innovative approach to balancing ground water protection with economic
development. An important indicator of its success is the fact that new businesses have
located in the POD since the legislation went into effect. During the first eighteen years
of the program, businesses in Dayton were approved for over 1,200 building plans with a
construction value exceeding $57 million. This level of activity indicates that Dayton's
program has not had an adverse effect on its economic base, despite early dire
predictions about loss of businesses and declining tax bases. Another indicator of
success is that many POD businesses have voluntarily adopted ground water protection
measures that exceed what is required by regulation.
An instrumental force in establishing Dayton's source water protection program was
Dusty Hall. In December of 1999, Hall was one of seven people in the nation to be
recognized an EPA "Drinking Water Hero" at the 25th anniversary of the Safe Drinking
Water Act. The EPA has commended Hall for setting an excellent example for cities
throughout the nation to follow.
Dayton's Multi-jurisdictional Well Field Protection Program has received considerable
recognition from national organizations. In 1997, it was given the Distinguished Local
Government Service Award by the Ground Water Protection Council. In 1998 the
American Water Works Association honored the program with its first-ever National
Exemplary Wellhead Protection Award in the large system category. The Ground water
Foundation has designated the program as a Ground water Guardian Community from
1995-2005.
Office of Water (4606M) 816F10036 January 2010
-------
For further information contact:
Mr. Lee Drummond
Well Field Protection Program Coordinator
Telephone: 937-333-3782
lee.drummond@cityofdayton.org
Office of Water (4606M) 816F10036 January 2010
------- |