[ Council Communication ]  [ DEQ Presentation ]  [  Letter of Support ]

Council Communication

Title:	Joint Presentation by Department of Environmental Quality regarding Water Quality in Urban Streams, and by Rogue Valley Council of Governments regarding Storm Water Management
Dept:	Administration
Date:	May 7, 2002
Submitted By:	Greg Scoles, City Administrator
Reviewed By: ......................	Paul Nolte, City Attorney

Synopsis:	The Department of Environmental Quality and the Rogue Valley Council of Governments is making a joint presentation to council to outline efforts being made by the two entities to work with various management agencies throughout the basin. In particular, plans are being developed to preserve and enhance stream water quality, and the issue of storm water management is emphasized. Because of State and Federal requirements regarding water and habitat quality, RVCOG and DEQ are working together to assist local municipalities in responding to the regulations.
Recommendation:	This information is provided for information only.
Fiscal Impact:	Should council agree to sign a letter of support for regional stormwater management efforts in the Bear Creek Watershed, local agencies will share in costs. The exact amount is unknown at this time.
Background:	Attached is some information provided to the city.

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Bear Creek Watershed
Water Quality Management Plans and
Stormwater Phase II Requirements

April 16th Presentation to the Ashland City Council

Introduction. In the past 20 years, many measures have been taken to reduce pollution into Bear Creek by regulating "point sources" of pollution, such as industrial and sewage treatment plants. As a result, significant improvements have been made in the quality of water that runs in Bear Creek and its tributaries. However, Bear Creek remains significantly degraded, in part due to "nonpoint sources" (or pollution from diffuse sources, carded by snow melt and rainfall) and as a result, the municipalities and land management agencies within the watershed are subject to state and federal requirements regarding water quality and habitat quality. The Total Maximum Daily Load (TMDL) process and the Stormwater Management Phase II Program are two of these requirements. Because of the complexity of these requirements, the Rogue Valley Council of Governments is working with DEQ to identify overlaps and thereby assist local municipalities in responding in a manner that is efficient and effective. Moreover, by participating in current coordinated efforts now (rather than later), municipal agencies have the opportunity to incorporate their own goals, priorities and limits into their responses to the regulations.

Overview. The DEQ/RVCOG joint presentation on March 28* will include

1. Summary information on TMDL and Stormwater Phase II requirements,
2. Descriptions of collaborative efforts currently underway to help communities meet the requirements, and
3. A request for actions that will help municipalities comply with these regulations and effect positive changes in Bear Creek watershed communities.

Total Maximum Daily Load Program (Brad Prior, Department of Environmental Quality).
Chapter 303(d) of the 1972 federal Clean Water Act requires states to develop a list of creeks, streams, and lakes that cannot meet water quality standards without application of additional pollution controls beyond the existing requirements for industrial sources and sewage treatment plants. Bear Creek and most of its major tributaries are included on the 1998 303(d) list; many of these streams are listed for more than one pollutant. Streams in the Bear Creek Valley are known to have problems with temperature, bacteria, nutrients, biochemical oxygen demand, habitat modification and flow modification.

As required by the Clean Water Act, DEQ is developing Total Maximum Daily Loads (TMDLs) for all waterbodies on the 303(d) list. A TMDL defines the amount of pollution that can enter a waterbody without causing water quality impairments. For each TMDL, a Water Quality Management Plan (WQMP) is developed to describe strategies for reducing water pollution to the levels necessary for the streams to meet water quality standards.

There are a number of Designated Management Agencies (DMAs) in the Bear Creek Watershed; these include BLM, the U.S. Forest Service, Oregon Department of Agriculture (ODA), Oregon Department of Forestry (ODF), Jackson County, and the cities of Ashland, Central Point, Jacksonville, Medford, Phoenix, and Talent. Each DMA is responsible for developing an individual WQMP or Implementation Plan for those lands within its jurisdiction.

Both the TMDL and the WQMP for Bear Creek are scheduled to be completed in 2002. The draft WQMP has been compiled by the Oregon Department of Environmental Quality (DEQ) with assistance from the Bear Creek Designated Management Agencies (DMAs) and a subcommittee of the Bear Creek Watershed Council; it includes a description of activities, programs, legal authorities, and other measures for which DEQ and the DMAs have regulatory responsibilities. Appended to the WQMP is a draft Guidance Document for Local Governments which includes a number of suggested Implementation Measures that can be used to reduce pollutant discharges from urban areas into streams.

DEQ is now asking each urban DMA to review the draft Guidance Document and make suggestions on how it can be improved to make it as useful as possible. We are asking that comments be submitted by June 30, 2002.

DEQ will work with each urban DMA to assist them in developing individual plans to improve water quality in the streams within their jurisdictions. DEQ is asking all urban areas in the Bear Creek Valley to realize that they have a role to play in improving water quality in their streams and that significant water quality improvements are going to require sustained, long-term commitments of effort and resources.

Stormwater Phase II Regulations (Caitlin Quinby, RVCOG)
Although stormwater has historically been thought of as a flood control issue, new observations and understanding have revealed that stormwater also affects essential quality of life issues such as public health, water quality and stream habitat quality. New and pending regulations address stormwater because of these effects, and so municipalities face the important task of changing the way they manage urban stormwater. Under Stormwater Phase I, large cities were required to obtain permits for their stormwater systems; under Stormwater Phase II, smaller communities will be required to do the same. Obtaining a permit entails developing a stormwater management plan that describes specific actions the municipalities will take to reduce the impacts of urban stormwater on local waterbodies. This plan must cover the following elements:

• Public education and outreach
• Public Involvement and participation
• Illicit discharge detection and elimination
• Construction site run-off control
• Post-construction stormwater management
• Pollution prevention/Good housekeeping

Regional, Coordinated Efforts. Because the TMDL regulations apply to all municipalities in the Bear Creek watershed, and because many of the streams go through multiple jurisdictions, it makes sense for communities to work together in responding to water quality regulations. Because development of a Stormwater Management Plan will satisfy a portion of the TMDL requirements, it also makes sense for communities to look at both TMDL and Stormwater Phase II requirements simultaneously. To assist jurisdictions in approaching both of these regulations in a collaborative manner, RVCOG has developed a regional effort, in coordination with DEQ, that will assist municipalities in the Bear Creek watershed in developing practical plans for managing stormwater that will simultaneously satisfy Phase II requirements and a portion of the TMDL requirements. As a part of this effort, four informational workshops have been held, an Advisory Team has been formed, a planning guidance document is being developed, and funding options for planning and implementation measures are being researched. In order for this effort to continue to succeed, the individuals from each community who are participating need support, and additional funds must be raised.

Letter of Support for Regional Cooperation Efforts. Most municipal officials and executive-level leaders are very aware of the benefits of cooperating, on a regional level. By working together communities can learn from each other's mistakes and successes, share costs,communicate more effectively to regulators, and have long-term effects on the livability of all Bear Creek Watershed communities. By documenting local municipal support for regional efforts in stormwater management planning, RVCOG will be better able to obtain additional funds to assist communities in their collaborative efforts. Therefore, RVCOG respectfully requests that a representative from each municipality sign a letter of support for current and ongoing regional stormwater management efforts (see attached). Any additional ftmds obtained will enable RVCOG to continue to assist Bear Creek watershed communities in developing practical, multi-objective stormwater management plans that reflect each' community's priorities, goals and constraints, and simultaneously satisfy multiple regulatory requirements.

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Rogue Valley Council of Governments

Letter of Support for Regional Stormwater Management Efforts in the Bear Creek Watershed

Spring 2002

Local agencies within the urbanized areas in the Bear Creek watershed are working together to understand and address the impacts of urban stormwater on local waterways.  By participating in local collaborative efforts, as coordinated by the Rogue Valley Council of Governments, the local agencies agree to work towar protecting and improving local waterways, and meeting Stormwater Phase II regulations (where applicable) trough comprehensive, multi-objective stormwater management planning.

We, the undersigned, agree to provide the resources seccessary to participate meaningfully in the collaborative process that will assist locl communities in creating comprehensive stormwater managment plans.  This includes praricipation in workshops and planning efforts to the maximum extent that resources will allow.

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City of Ashland                        Date

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City of Jacksonville                  Date

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City of Phoenix                        Date

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City of Central Point                 Date

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City of Medford                      Date

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City of Talent                          Date

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Jackson County                      Date

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