NEWS FROM THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
October 15, 2008
Vol. 38, No. 471
Contact: Kathy Bunting-Howarth, Division of Water Resources, (302) 739-9949, John Schneider, Division of Water Resources, (302) 739-9939 or Melinda Carl, Public Affairs, (302) 739-9902
New Pollution Control Measures Announced for Delaware’s Inland Bays
Governor Ruth Ann Minner and Department of Natural Resources and Environmental Control Secretary John A. Hughes today joined Center for the Inland Bays Board Chairman Richard W. Eakle at the Center on Inlet Road to announce adoption of the regulations governing the pollution control strategy for the Indian River and Bay, Rehoboth Bay and Little Assawoman Bay Watersheds.
The Pollution Control Strategy is designed to reduce the amounts of nitrogen and phosphorus entering the Inland Bays and their tributaries to levels required to meet water quality standards. The strategy will be published in the November 2008 Delaware Register of Regulations.
“This strategy represents the best of what government can do to protect some of the state’s most valuable and vulnerable natural resources,” said Governor Minner. “This is a significant accomplishment and many people within the community – citizens, farmers, business owners, builders, environmental and other group representatives who served on the Tributary Action Team and others – committed to many hours of working together to recommend strategies that resulted in a comprehensive, effective approach to reducing nutrient pollution in the bays for us and future generations.”
DNREC Secretary Hughes noted that the milestone announced today was the result of years of spirited discussions and debate with many interest groups, using science as the backbone for the strategy to meet water quality standards.
“Our goal has always been to protect these environmentally sensitive bays and to bring the water quality in the bays to levels sufficient to protect human health and support aquatic life,” said Secretary Hughes. “We believe the pollution control strategy we’ve adopted will achieve that goal for the Inland Bays. At the same time, we’ve taken into account the economic and financial realities of watershed residents by building in flexibility and predictability to make implementation easier for those affected.”
“Today, we are all fortunate to witness the long awaited passage of environmental protections and measures that will help us to realize our goal – a fishable and swimmable Inland Bays,” said Chairman Eakle.
The strategy includes provisions to establish buffers to filter pollutants before they flow into the Inland Bays and their tributaries. The strategy also includes a map highlighting the primary and secondary waters and the proposed buffer widths. The buffers will only be required for new developments or subdivisions.
Primary waters, including the Inland Bays and tributaries with continual stream flow and state-regulated wetlands, require buffer widths of 100 feet, while secondary waters, including bay tributaries with intermittent streamflow, require 60-foot buffers. Buffer widths may be reduced to 50 feet on primary waters and 30 feet on secondary waters with enhanced stormwater management and a development-wide nutrient management plan.
The strategy also requires pump-out and inspection of onsite wastewater treatment and disposal systems (septic systems) that serve homes and businesses which are sold or transferred to other owners. In addition, advanced treatment for nitrogen reduction is required for all new and replacement onsite wastewater and disposal systems on properties located within 1,000 feet of tidal waters and wetlands, as mapped in the proposed regulation. All new and replacement systems would be required to use this technology by 2015.
Delaware’s Inland Bays are recognized as waters of exceptional recreational and ecological significance. In 1998, the Inland Bays Tributary Action Team, a group of stakeholders representing citizens, businesses, organizations and government, was formed to develop a pollution control strategy. In 1998 and 2004, DNREC completed total maximum daily loads (TMDLs) for nutrients for the Inland Bays. TMDLs establish the maximum amount of individual pollutants that can be discharged to a water body from point (direct) or nonpoint (indirect) sources while maintaining water quality standards.
Nonpoint sources of nutrients include onsite wastewater treatment and disposal systems (septic systems), runoff from development (stormwater) and agricultural runoff. About 80 percent of the fresh water entering the bays is groundwater, which means that nutrients that flow through the soil also enter the groundwater.
The TMDLs for the Inland Bays established that nonpoint sources of nitrogen and phosphorus need to be reduced by 40 to 85 percent to bring the water quality to the level sufficient to protect human health and support aquatic life.
Riparian buffers – areas of vegetation adjacent to waterways – play a significant role in protecting and improving water quality by filtering runoff and groundwater and removing excess nutrients.
The Order adopting the proposed regulation as the final regulation is available for review at: www.dnrec.delaware.gov .
