The Environmental Protection Agency’s Clean Water Act is the main law which regulates surface water. It provides water quality standards for all contaminants. The law makes a distinction between regulation of point sources vs. nonpoint sources. Solutions for meeting water quality standards have moved from a program-by-program basis to a holistic watershed approach. The EPA provides resources on compliance with the law, different programs, funding opportunities, etc. (Text of the law can be found here.)
- Point source – a specific source of discharge, such as discrete conveyances (pipes or man-made ditches, etc.) of industrial and municipal wastemanagement facilties, as well as concentrated animal feeding operations (CAFOs), but not including agricultural stormwater discharges and return flows from irrigated agriculture. The Office of Wastewater Management oversees point source water pollution programs, including the NPDES permit program (see below) and the Clean Water State Revolving Fund, which focuses on funding wastewater treatment systems, nonpoint source projects and estuary protection. The OWM and EPA regulate and limit the amount of pollutants discharged into surface water by point sources.All point sources which discharge pollutants directly into surface waters must obtain a permit from the National Pollutant Discharge Elimination System (NPDES). In addition, in 1990 the NPDES began implementing the Stormwater Program, a comprehensive two-phased national program for addressing the non-agricultural sources of stormwater discharges (normally considered nonsource pollution). The program requires permits from Municipal Separate Storm Sewer Systems (MS4s), industrial sites, and construction sites greater than one acre.
- Nonpoint Source (NPS) – “NPS pollution, unlike pollution from industrial and sewage treatment plants, comes from many diffuse sources. NPS pollution is caused by rainfall or snowmelt moving over and through the ground. As the runoff moves, it picks up and carries away natural and human-made pollutants, finally depositing them into lakes, rivers, wetlands, coastal waters, and even our underground sources of drinking water. ” (Source: the EPA’s page on NPS pollution.) Because pollution comes from many different sources, pollution levels are harder to control.Agricultural plots (besides CAFOs) are unregulated, though MS4s, and industrial and construction plots are required to obtain a stormwater permit from the NPDES. Beginning with Phase I of the NPDES Stormwater Program (implemented Nov 16, 1990), operators of medium and large MS4s must obtain a permit, and develop a stormwater management program designed to prevent harmful pollutants from being washed by stormwater runoff into the MS4 (or from being dumped directly into the MS4), then discharged from the MS4 into local waterbodies. Phase II (Dec 8, 1999) requires local governments to implement programs and practices to control water pollution to the “Maximum Extent Practicable” (MEP) in urbanized areas of small MS4’s, and to obtain a permit that includes “Minimum Control Measures” (MCM’s) that must be implemented for coverage. The six (6) MCM’s include:
- public education and outreach
- public involvement / participation
- illicit discharge detection and elimination
- construction site storm water runoff control
- post-construction storm water management in new development and redevelopment
- pollution prevention / good housekeeping for municipal operations.
- The EPA promotes using a watershed approach to tackle nonpoint source pollution. (Also see: watershed funding.)
Texas Commission on Environmental Quality’s report to the EPA in compliance with the Clean Water Act, with detailed descriptions of surface water contaminants and sources. Detailed report on the watershed solution. TCEQ grants Texas Pollutant Discharge Elimination System (TPDES) permits for the state of Texas in lieu of the NPDES. Phase II MS4 permits were approved Aug 13, 2007. Dallas’ Storm Water Management Program was drafted and submitted to TCEQ by the Feb 11th deadline. The plan will be reevaluated in five years.
The TPDES permits, and consequently the Dallas SWMP, apply only to Unincorporated Urbanized Areas (UUAs). Dallas County has approximately thirty (30) small non-contiguous UUA’s, which constitute approximately 7% of the County Unincorporated Areas (six square miles out of seventy-eight). The UUAs in the Dallas area can be viewed here. Because the SWMP is a County plan, there are numerous differences in infrastructure and limitations between the County and Cities (which the Phase II permits normally apply to). The Dallas County SWMP addresses these differences:
- less able to create and enforce ordinances
- storm drainage system comprised of roadway unlined (pervious) ditches instead of underground enclosed system
- because the UUAs are far apart, long travel distances are required of the Small MS4 County staff for daily activities (often longer than those found in large MS4 Counties)
- County loses land when Cities annex land; Counties do not need to add new land areas nor provide services to annexed land
The SWMP enumerates the departments and offices which will oversee each Minimum Control Measure of the Phase II permit. Responsibilty is primarily divided between the Environmental Health Division (EHD) of the Dallas County Health and Human Services (DCHHS), and the Dallas County Public Works Department (DCPW). It then goes on to list the ways in which Dallas County intends to meet each MCM, which are pretty tame.
Questions:
- How much can Counties influence zoning and building regulations? How much can Cities? Can individual UUA’s within Dallas County create SWMPs above and beyond that of the county?
- Where are opportunities for Regionally Developed Initiatives (RDIs), either through the NCTCOG or non-profit organizations? Can certain private companies fill niche markets?
- Where are funding opportunities?
- Where are the most crucial waterways / drainage areas located? What solutions would be most effective?
- Where are overlaps with other key groups (wildlife conservation, recyling management, waste reduction, etc.)
Current storm water management
NCTCOG’s Regional Storm Water Management Program. The 2007 Water Quality Management Plan provides an overview of the SWMP process and how it ties in with the SEE Safe, Clean, & Green Regional Environmental Corridors Plan.
Dallas Storm Water Management educates the public, as well as holds enforcement inspections and water sampling. Also acts as organizing/publicity point for individuals and groups who want to hold local clean-ups, storm drain markings, etc. Very detailed maps of regional watersheds, including sewer inflows and outflows, which bodies of water they lead to, parks, waterways, and elevation.
The municipal integrated Storm Water Management project is a cooperative effort among 60 local governments to create sound storm water management guidelines.
Dallas promotes water efficient landscaping, called SmartScape. March has been designated “Texas Smartscape Month”.
Unsorted
Example: guide to urban design for stormwater management (.pdf) from an Australian publishing company.
EPA allows you to look at specific watersheds (Dallas), and see which citizen groups are involved with each portion.
The EPA provides a list of Best Management Practices (BMPs).
The Clean River Program provides state funding to different watersheds for programs each year.
Texas State Soil and Water Conservation Board coordinates conservation and nonpoint source pollution abatement programs. Several erosion and runoff control programs, with funding detailed.
The EPA offers a Handbook for Developing Watershed Plans to Restore and Protect Our Waters, meant to be a supplement to any local guides.
TAMU’s EarthKind programs for urban landscaping.
A regional Soil and Water Conservation District. Highlights conservation practices, education. Information on cost-share programs for eligible farmers in the district.
