Transcript Document
THE MIAMI CONSERVANCY DISTRICT Failing to Plan: The Clean Water Act Can’t Fix it All Douglas “Dusty” Hall The Miami Conservancy District for Hey 19: Make Tomorrow a Wonderful Thing THE MIAMI CONSERVANCY DISTRICT The Miami Conservancy District • Great Flood of 1913 • Authorized under state statute – 1914 Ohio Conservancy Act • Governed by Conservancy Court • Broad authorities within watershed THE MIAMI CONSERVANCY DISTRICT Presentation Overview • Chapter 1: Water, Water Everywhere But… • Chapter 2: The Great Miami River Watershed • Chapter 3: “Patchwork” Management THE MIAMI CONSERVANCY DISTRICT What is a watershed? A watershed is all the land area that drains to a given body of water. THE MIAMI CONSERVANCY DISTRICT The Water Cycle Graphic Courtesy of Press & Siever, 1998 l THE MIAMI CONSERVANCY DISTRICT Residential Development Commercial Development Water Treatment Plant THE MIAMI CONSERVANCY DISTRICT Water You can live without it… …but not for very long! THE MIAMI CONSERVANCY DISTRICT Your Share 12½ gallons with a twist of lemon please! • Intake 2/3 of a gallon each day • 60% of body weight! THE MIAMI CONSERVANCY DISTRICT Plentiful • Earth = over 74% covered • Volume = 326 million miles³ THE MIAMI CONSERVANCY DISTRICT Plentiful??? 100 Percent 80 60 40 20 0 Oceans Frozen Other THE MIAMI CONSERVANCY DISTRICT “Other” 0.7 Percent 0.6 0.5 Groundwater 0.4 Lakes 0.3 0.2 0.1 0 Rivers & Streams THE MIAMI CONSERVANCY DISTRICT Whose water is it? • Justinian Institutes (533) “By the law of nature these things are common to mankind---the air, running water, the sea, and consequently the shores of the sea.” • English Law - Magna Charta (1215) • U.S. Supreme Court (1800s) THE MIAMI CONSERVANCY DISTRICT Recap – Chapter 1 Water, Water Everywhere But… • The same water gets “used” over and over. • It’s easily polluted. • There is lots of it - but not much is readily available. • We can’t live without it. • It’s yours and mine. THE MIAMI CONSERVANCY DISTRICT Ohio’s Great Miami River Watershed • 4,000 mi² / 15 counties • Dayton is largest city • Major tributaries: • • • • Great Miami River Stillwater River Mad River Wolf and Twin Creeks • 1.5 million residents THE MIAMI CONSERVANCY DISTRICT Buried Valley Aquifer • Underlies river system and many urban centers • Source for > 90% drinking water • High production • High permeability • High vulnerability • Significant exchange of surface and ground waters THE MIAMI CONSERVANCY DISTRICT GMR Watershed Snapshot • Headwaters primarily rural & agricultural • Urban near confluence & lower Great Miami River • > 70% of people live in urbanized areas • > 80% of land used for agriculture THE MIAMI CONSERVANCY DISTRICT Water Quality Impairment Ohio EPA - Stillwater River Phosphorus • Proposed reduction = 977K lbs./year • Agriculture is source of 90% THE MIAMI CONSERVANCY DISTRICT Recap - Chapter 2 The Great Miami River Watershed • It’s big and covers all or parts of 15 Ohio counties. • Our drinking water source is under our feet. • Urban areas are mostly on the major rivers. • The watershed is dominated by agriculture. • Water quality relates to land use. THE MIAMI CONSERVANCY DISTRICT Who’s in Charge Here? Federal Government? State Government? Local Government? THE MIAMI CONSERVANCY DISTRICT Federal • Clean Water Act – Surface water – Zero discharge by 1985 – “Fishable and swimmable” by 1983 THE MIAMI CONSERVANCY DISTRICT Are We Meeting the Goals? • Of our monitored streams: – Yes = 58.8% – Almost = 19.8% – No = 21.4% THE MIAMI CONSERVANCY DISTRICT Clean Water Act “The term "point source" means any discernible, confined and discrete conveyance, including… This term does not include agricultural stormwater discharges…” THE MIAMI CONSERVANCY DISTRICT Counties § 303.21. Powers not conferred by chapter. (A) Except as otherwise provided in division (B) of this section, sections 303.01 to 303.25 of the Revised Code do not confer any power on any county rural zoning commission, board of county commissioners, or board of zoning appeals to prohibit the use of any land for agricultural purposes or the construction or use of buildings or structures incident to the use for agricultural purposes of the land on which such buildings or structures are located, and no zoning certificate shall be required for any such building or structure. THE MIAMI CONSERVANCY DISTRICT Townships • § 519.21. Powers not conferred by chapter. (A) Except as otherwise provided in division (B) of this section, sections 519.02 to 519.25 of the Revised Code confer no power on any township zoning commission, board of township trustees, or board of zoning appeals to prohibit the use of any land for agricultural purposes or the construction or use of buildings or structures incident to the use for agricultural purposes of the land…, and no zoning certificate shall be required for any such building or structure. THE MIAMI CONSERVANCY DISTRICT County & Township Zoning Regulation of Agriculture THE MIAMI CONSERVANCY DISTRICT Incentive-Based Strategies • “Farm Bill” Conservation Programs – – – – – – 1935 Soil Conservation Act 1956 Soil Bank 1970 Water Bank 1985 Full title devoted to conservation programs 1990s CRP & EQIP 2002 EQIP at $1.3 billion (CSP added) • More Incentives Needed! THE MIAMI CONSERVANCY DISTRICT Water Quality Credit Trading • Wastewater treatment plants facing increased compliance costs meet their requirements for pollutant reductions by investing in more cost-effective agricultural projects that produce better environmental results in the same watershed. THE MIAMI CONSERVANCY DISTRICT Nutrient Reduction Costs • Wastewater treatment plants (WWTPs) can reduce phosphorus and other nutrients with $$$$ treatment • Agricultural producers can reduce phosphorus and other nutrients for a fraction of the cost THE MIAMI CONSERVANCY DISTRICT Water Quality Credit Trading County SWCDs THE MIAMI CONSERVANCY DISTRICT Trading Program Strategies • • • • • • All trades upstream Project validation Trading ratios Insurance pool Data collection Adaptive implementation THE MIAMI CONSERVANCY DISTRICT Ancillary Environmental Benefits WWTP Upgrade Ag. Practices via Trading Yes Yes ? Yes Habitat No Yes Canopy No Yes Stream bank No Yes Velocity No Yes Wetland No Yes Floodplain No Yes Assimilative capacity No Yes Pollutant of concern Other pollutants THE MIAMI CONSERVANCY DISTRICT Ancillary Pollutant Reduction Estimated* Impact of Trading Ratios Nutrient TP TN Traditional Trading Approach (lbs.) (lbs.) 904,015 1,349,207 to 2,253,222 4,475,978 6,380,721 to 10,865,700 *Kieser & Associates, 2004 THE MIAMI CONSERVANCY DISTRICT Trading Market Study Preliminary Economic Analysis of Water Quality Trading Opportunities in the Great Miami River Watershed, Ohio Prepared by: Kieser & Associates 536 E. Michigan Ave., Suite 300 Kalamazoo, Michigan 49007 THE MIAMI CONSERVANCY DISTRICT 20-Year Trading Economics Meeting Nutrient Criteria Discharge Limits • WWTP upgrades = $422.5 million • Trading = $46.5 million – Ag. practices $37.8 million – Data, admin., etc. $8.7 million • Citizens save $376 million! THE MIAMI CONSERVANCY DISTRICT Key Partners • • • • • • • Wastewater Treatment Plants United States Department of Agriculture Soil and Water Conservation Districts Ohio Farm Bureau Federation Ohio Department of Natural Resources Dayton Area Chamber of Commerce Community-based subwatershed groups THE MIAMI CONSERVANCY DISTRICT Migration from Large Cities From Growth and Change at the Urban-Rural Interface, OSU, 2003 THE MIAMI CONSERVANCY DISTRICT Ohio’s Changing Landscape • Population of large and small metropolitan counties peaked in 1970 • Population of fringe counties of large metro areas grew more than 500,000 between 1970 and 2000 Photo from WOSU –”View from Malabar” THE MIAMI CONSERVANCY DISTRICT Central to Decentralized Systems Dayton Population and New Miami County HSTSs 14000 12000 250000 10000 225000 8000 200000 6000 4000 175000 2000 150000 0 1950 1960 1970 1980 1990 2000 Date New HSTSs Population 275000 Dayton Population New HSTSs THE MIAMI CONSERVANCY DISTRICT Moving to the “Country” • More than a million HSTSs in Ohio* • More than one out of four new homes will use HSTSs* • Less than 7% of Ohio’s soils are suitable for traditional HSTSs** • Failure rate estimate is 25% = 900,000 gallons per day* *Ohio Department of Health **OSU Extension THE MIAMI CONSERVANCY DISTRICT Moving to the “Country” THE MIAMI CONSERVANCY DISTRICT Excuse Me??????? THE MIAMI CONSERVANCY DISTRICT “Truly Tasteless” THE MIAMI CONSERVANCY DISTRICT Exurban Land Use Planning • “Ohio counties and townships have a somewhat limited ability to handle the population and land use changes…” (OSU, 2003) • Health district staff may act as de facto planners when approving/disapproving HSTSs THE MIAMI CONSERVANCY DISTRICT Household Sewage Treatment Systems • HB 231 Signed by Governor in February • New rules – Soil types – Drainage – Hydrogeology • Promote coordination THE MIAMI CONSERVANCY DISTRICT Development vs. Water Cycle 40% evaporation 30% evaporation 55% runoff 10% runoff 25% shallow infiltration 10% shallow infiltration 25% deep infiltration Natural Ground Cover 5% deep infiltration 75% - 100% Impervious Cover THE MIAMI CONSERVANCY DISTRICT Coming Up Next THE MIAMI CONSERVANCY DISTRICT Dayton Well Field Protection Area • Drinking water production areas built out with industry • More than 600 businesses with over 140 million pounds of hazardous substances • Multiple jurisdictions THE MIAMI CONSERVANCY DISTRICT Comprehensive Local Strategy • Monitoring and enforcement • Inventory and spill reporting • Land use controls • • • • Education Funding for easements Funding for projects Emergency response THE MIAMI CONSERVANCY DISTRICT Recap - Chapter 3 “Patchwork” Management • • • • • Federal laws won’t solve local challenges. State laws won’t solve local challenges. Market-based incentives are vital. We’re building tomorrow’s problems today. Creative and cooperative solutions work. THE MIAMI CONSERVANCY DISTRICT It’s OUR Future! • Should water resources be a priority in planning processes? • How can planning processes address water resources that extend across many jurisdictions? • Are comprehensive/integrated approaches to water resources management possible in the absence of an overarching set of rules or regulations? • Can planning bridge the gap between water science and and the water resources management strategies based on zoning techniques? THE MIAMI CONSERVANCY DISTRICT MCD’s VISION “Thriving communities, a healthy watershed, and a higher quality of life, sustained by well-managed water resources throughout the watershed.”