~ Water Resources Association ~

Water Resource Associations of the Delaware River Basin

Fall '04

Chairman's Message

An Ambitious Plan for Finding and Minding Water Resources

At its September meeting, the Delaware River Basin Commission formally adopted the Water Resources Plan, a striking vision for management of the Delaware Basin resource. The Plan includes seventy pages of concept (not including an extensive, helpful glossary), and over 100 implementation tasks, most with timetables.

The Plan is ambitious, to say the least: the Commission intends to collect extensive new data on present and future water uses and needs and on the water resource, to retool its drought management strategy, to develop balanced groundwater budgets for each watershed, at the same time discouraging interbasin transfers, to increase recreational facilities and utilization (including finding funding sources), and a dozen other initiatives. Several involve land use planning and growth management, and the achievement of regional consistency in addressing and protecting the water resource. Balancing water supply and demand, including water needed for environmental goals, remains an important touchstone; indeed, the Commission intends to set efficiency standards for water use "across all sectors."

The immensity of conception of this Plan befuddles any effort to seriously critique the many individual aspects. But the key moments are yet to come. As the individual studies are carried out and the regulatory pieces come together, we will learn the true benefits, detriments and local impacts of the vision. Excellent goals are often at cross-purposes with one another, and in any event resources are finite. So the need for trade-offs will emerge. That is when citizen input will be all-important to achieve the benefits of planning while minimizing the costs and disruptions. WRA will be there to monitor developments, to keep you informed, and to speak out when that is needed.

Ken Myers, Esq.
WRA Chairman
October 1, 2004

ACT 220: Our Precious Water Resources and Why Registration Is Important

Commonwealth residents whose livelihood and health depend on abundant water supply recall not so long ago the seven years of drought that challenged the stability of our economy and the health of Pennsylvania’s ecosystem. On top of this our current State Water Plan is more than 25 years old, and contains no information to address critical water needs. With this in mind, Act 220 was signed into affect on December 16, 2002 and requires that DEP develop a State Water Plan within 5 years, and provide regular 5-year updates in subsequent years. This plan will report on how much water we have, how much water we use and more importantly, what our future water requirements will be based on population and development trends.

Under Act 220, registration and reporting of water withdrawals from public water suppliers, utility companies, agriculture, industry and commercial enterprises and others is an important component in assessing and projecting existing and future water demands and needs that will be used to identify where demands exceed available resources. This will be an important tool for county and municipal planners statewide. The passage of this bill affords the diversified water registrants the opportunity to make their water needs known to local and state officials. With the advancement of development and the ever-increasing demand for water, this is a way to help protect your water supply tomorrow.

If you reside in Pennsylvania and use over 10,000 gallons of water per day on average in any 30-day period you must register your water sources. If your only source of water is through a public water supply you will not need to register. Public Water Suppliers are required to register their sources regardless what amount of water is used. Pre-registration forms must be completed in advance of water registration. The Act 220 Pre-registration forms are available through the DEP Website at www.dep.state.pa.us, Keyword: "Water Management." An Act 220 Hotline is also available at 888-457-6653 to obtain pre-registration forms and answer further questions regarding Act 220 water registration and reporting.

Basin Water Resources Plan Is Signed

After countless committee meetings and public workshops and much dialogue among the Commissioners and various stakeholders, the Delaware River Basin Water Resources Plan was signed by the Governors of the four Basin states and various agencies of the federal government in an official ceremony in Wilmington, Delaware on September 13, 2004. The plan is the culmination of a four year effort that will set the course of Basin’s water resources development and protection for the next twenty five years. This is the first major planning effort by the Commission since the late 1970’s and early 80’s when the Level B Study was completed.

The new Plan is comprehensive and the Objectives are not only for the Commission but for the four Basin states. Much additional work still needs to be done to develop an “action plan” for each objective and define the specific responsibilities for accomplishing them and especially defining the Commission and state roles.

A copy of the Plan can be obtained by calling DRBC’s Jessica Sanchez at 609-883-9500 ext. 202.
Click here for additional information...

Lower Delaware Special Protection Rulemaking Is Initiated

The Commission is completing five years of data gathering and has announced that it will be holding a public hearing on October 27 to receive public comment on the proposal to designate the main stem of the lower Delaware (Trenton to the Water Gap) as Special Protection Waters. The goal of this designation is to maintain the quality of interstate waters where existing water quality is better than the established stream quality objectives. A good portion of the lower Delaware is part of the National Wild and Scenic Rivers System.

Interestingly the water quality in the main stem of the lower Delaware is actually better than many of its tributaries. The proposed designation would mean that at least eighteen existing dischargers and all new dischargers would have to meet more stringent standards if they were to change their operation or propose a new discharge. For the latter, there would be a zero mixing zone requirement.

The hearing on October 27 will be preceded by two informational meetings on October 14 and October 20 to be held in Stockton, New Jersey and Easton, Pennsylvania, respectively. DRBC has extensive information on their website about this proposal and the data that has been collected to support it.

Pollutant Minimization Plan Proposed For The PCB TMDL

In another rulemaking procedure, the DRBC is proposing to amend their water quality regulations, water code and Comprehensive Plan to establish Pollutant Minimization Plan (PMP) requirements for point and non-point source discharges of toxic pollutants following issuance of a TMDL by EPA, a member state or issuance of an assimilative capacity determination by the Commission. Although the proposal pertains to the PCB TMDL at this time, other TMDLs can be added upon approval of the Commission. Interestingly, no numeric limits are proposed.According to the Commission, "the rule is based on concepts of pollution prevention and sustainability and the recognition that dischargers that are familiar with their own operations may be best suited to identify opportunities for achieving prompt load reductions in a cost-effective manner. To comply with the rule, dischargers must plan and implement measures for achieving the maximum practicable reduction of pollutant discharges to the air, soil and water." The rule is also temporary in that it will cease to apply when a dischargers NPDES permit is next renewed. However, the intention is that the Plan will be applied in some form as conditions in the new permit.

Each discharger will be required to submit a PMP within three months of issuance of the final rule. The initial term of the PMP will be five years or until the dischargers NPDES permit is renewed.

A public hearing will be held by DRBC on October 27 as part of their regularly scheduled business meeting and written comments will be taken through November 19. It should be noted that this proposal has been presented in draft, discussed and revised at several previous Commission meetings. More information on the PMP proposal and the hearing can be found on the Commission's website.

It is also worth noting that there are about 142 dischargers subject to this rule. Dischargers and those developing the PMPs would be well advised to begin the development process now.

DRBC Budget Woes May Continue

In late June, the Delaware River Basin Commission (DRBC) announced that the U.S. Senate Environment and Public Works Committee approved the Water Resources Development Act of 2004 directing the federal government to pay its 20 percent share of the commission's annual budget. Although a step in the right direction, the bill still has many hurdles. In the meantime, DRBC is starting to implement their Service Reduction Plan by canceling their December meeting.