May the Forest Be With Us!

This legislative session, we saw huge wins in Maryland for the environment.  We banned Styrofoam take out containers, paved a path for Maryland to produce 100 percent renewable energy by 2040, and protected oyster sanctuaries. But while these grabbed headlines, the two bills I am the most proud of are two small forest bills that you might not have even heard of. One provides for a study of forest loss in Maryland and the other fixes a loophole in Maryland’s Forest Conservation Act.  Why are these so important to me? They hit close to home.

Seeing the forest for the trees

I always loved the view from my bedroom – just over the property line a tiny forest of glittering green leaves and bouncing squirrels saved me from peering into the rowhomes behind mine. I was looking forward to teaching my new son the names of the birds flitting among the branches as my dad taught me. I’ll always remember the moments trimming back the invasive English ivy lapping up the sides of the trees with my dad as we talked about being a good man, the future, and nothing at all. In a few short years I could start to teach my son about this little patch of nature that gives us so much- air to breathe, water to drink, shade in the summer and protection from floods. But one spring day last year, ironically while I was researching forest policy for work, I heard the buzz of a chainsaw and saw my favorite blue jay fly frantically from her nest as one tree top after another disappeared from my window view. Within minutes, I could see through the last few trees to realize just how close the neighbors live to me.

I went out and asked the tree crew why they were taking down my little forest. They said someone at the HOA said it looked overgrown. The HOA later said that they did not think the trees needed to be removed, but by then it was too late. It might just be coincidence, but soon after the trees which drank so much water came down, my basement started having new flooding and mold issues. Meanwhile, two blocks away where I used to jog, dozens of acres of forests were being plowed down for a new development. Soon after the local forest was paved over, our neighborhood was plagued with rats, potentially fleeing from the felled forests with nowhere else to go. More forests were coming down on the surrounding roads to make room for new gas stations. As the developments rose, so did the congestion, and now I wait in 45 minutes of traffic on my way home on a once beautiful country road. My little wooded corner of Maryland is changing fast, and I was learning that my story in my town of Crofton was not unique.

When we see forests come down in our neighborhoods, many of us think the same thing- Did they have to take down this forest? Were the developers trying to protect as much of the forest as they could?  Are trees at least being replanted somewhere else? At Maryland LCV, I often get voters calling us to ask these questions. Unfortunately, when investigating each incident, I usually hit one wall after another. The more I investigate deforestation in Maryland, the more frustrating and complicated it seems.

The Forest Conservation Act falls short

For years, Maryland has had a landmark Forest Conservation Act and a ‘no net loss of forest’ goal on the books.  Under the Forest Conservation Act, developers are supposed to have a forest conservation plan and at least protect or replant an acre for every four they chop down where possible.  If they cannot replant or retain forests themselves, they have to pay their county government a ‘fee-in-lieu’ to replant or protect forests elsewhere. The ‘no net loss’ goal is supposed to keep the level of forested land in Maryland at 40 percent across the whole state. However, there are a lot of loopholes and problems with how the laws are working. 

The Forest Conservation Act is not functioning as it should. According to a study by the University of Maryland, our oldest, most contiguous, and highest quality forests are the least protected by the Forest Conservation Act. I talked to several county foresters and planners who also are frustrated with the current program. For example, developers must only maintain the forest for a few short years, then there is often nothing stopping vines or other invaders from choking out the forest. There is also almost no transparency required in the system. Some counties proactively have more stringent local ordinances, but in many counties, it is nearly impossible to see the forest conservation plan that developers are supposed to have or even to learn how the counties are using these forest funds they have been collecting. In some counties, literally millions of dollars have piled up in funds from developers preferring to pay fee-in-lieu rather than try to build around trees. In some cases, there are hardly any real county plans to use the money to replant or protect forests at all. In some cases, developers have been able to pay far less than what it costs to plant or protect a forest in that county. There was even a scandal where my previous county executive allegedly gave a huge amount of money meant to protect hundreds or thousands of acres to a personal friend for a small plot of land called Turtle Run.

Hogan’s ‘no net loss’ loophole

The Hogan administration has also exploited a loophole in the ‘no net loss’ of forest law to count every single area with a tree as a forest- even a single tree in a box in the middle of a parking lot could be counted as a forest.  By counting tree canopy including every street tree as a forest, suddenly Maryland is 10% above its 40% forest cover goal and the administration said there is no problem and nothing to worry about. For years, the Hogan administration has claimed that we don’t have enough data to prove we are losing forests and there is no way of knowing where the problem is coming from or the best way to solve it. 

Real forest loss

The truth is Maryland is constantly losing forests. According to the best available computer models at the Chesapeake Bay Program, we are losing on average a dozen acres of forests a day in Maryland and could lose 34,000 or more more by 2025. The individual county Forest Conservation Act annual reports only capture a small fraction of this loss, but even these incomplete plans show that developers removed a net of 17,168 acres from 2008 to 2016 without replanting them. 

Fighting for the Forests

I was angry, and I was not alone. In fact, independent polling this year shows support among Maryland’s voters for saving forests and protecting trees.  84% of Marylander’s think it is important to save Maryland’s forests even if a development project must move or cost more.  Marylander’s have had enough.

More and more nonprofits around Maryland were becoming concerned about this forest loss. By partnering with Chesapeake Bay Foundation (CBF) and Choose Clean Water Coalition, we organized dozens of organizations and over 100 grassroots organizers meeting regularly to strategize and share knowledge. It was time to change some laws. This legislative session, Elaine Lutz at CBF tirelessly led advocacy efforts every day in the halls of Annapolis, met with legislators and kept everyone up to date on the constant shifts and maneuvering through the State House. We had thousands of people sign petitions, call and email their elected officials, and many even came to Annapolis to talk to their legislators face to face. In fact, last year several officials noted they got more calls about forest conservation than any other issue. Not just traditional environmental organizations like Audubon Naturalist Society and Arundel Rivers Federation were fired up, but the faith community was incredibly active and effective as well thanks to the expert leadership of Jodi Rose at Interfaith Partners for the Chesapeake. Different organizations and activists each had a key role to play. Choose Clean Water Coalition was also very useful in providing media and communications assistance throughout the process.  I was honored to be able to help coordinate the efforts and add a bit of my own flair- as a true geek and Star Wars fan, I decided to end every meeting, call and email with a simple uplifting message: May the Forest be With Us!

The Developers Strike Back

There was enormous pressure on legislators from the big money developer lobby to stop substantive forest legislation. This lobby stops forest legislation year after year, and this year killed the bill to fix the ‘no net loss’ loophole. These lobbyists confused elected officials with falsehoods and misconstrued data, and they reminded legislators just how much money this lobby puts into their campaigns. 

Our Work Pays Off!

Despite the big money, we emerged victorious last month in two of our three forest bills. HB272/SB234 finally fixes the fee-in-lieu system. Now a county can only accept the money from a developer if the county has a plan for how to use it. The counties will have to make their deals much more transparent and publish a public plan every year. This bill was passed with near unanimous vote and supported by the Maryland Association of Counties. Finally, we should start seeing real forests being replanted and protected as the Forest Conservation Act should have been doing all along.

The second bill, HB735/SB729, commissions a study to finally settle the debate on forests. The nonpartisan Hughes Center for Agroecology will look at how much forest we are really losing, determine the root causes of the losses, and explore ways we can fix the problem. The center will clear the issue of street trees vs. forests and better assess where we want to focus development vs. where we want to protect forests. Most importantly, elected officials who get huge donations from the developer lobby will not be able to hide behind their supposed confusion of the facts around forest loss.

These two bills are not the end but rather the beginning. The coalition we built can now move towards more and better forest policies in years to come- to better create local ordinances in key counties and major state level forest reform as early as 2020. We will be more thoughtful as we decide which forests to remove as we protect our best forests and plan for smarter development. These bills are about to go into effect, and someday soon I hope fewer people will wonder why a forest needlessly came down.  Fewer trees will be chopped down and fewer forests will be lost.

May the Forest Be With Us!

Ben Alexandro, Maryland League of Conservation Voters  

Summer Rain and The Chesapeake Bay

I think we can all agree that water has been dumping into our local waterways and the Chesapeake Bay at an alarming rate this summer. Communities throughout the watershed have seen it with their own eyes, with major flooding events causing destruction of property and even loss of life. Maryland alone has experienced the rainiest and wettest year on record in more than a century, with 43 inches of rain falling in July through August. That is the most it’s rained since 1889. One begins to wonder just how much the precipitation has impacted the Chesapeake Bay.

Photo by Chesapeake Bay Program

One of the biggest impacts has been on the Susquehanna River. The Susquehanna, which starts in Cooperstown, New York, flows through Pennsylvania, and reaches the Bay in Havre De Grace, Maryland, is the Chesapeake’s largest tributary. The Susquehanna provides half of the Bay’s fresh water and this year river levels have risen to record highs, which in turn has caused major flooding. So much so that Exelon Power, the company that superintends Conowingo Dam and sits on the Susquehanna River, opened the dam’s floodgates multiple times to relieve the pressure building behind the dam. As a result, the dam unleashed nutrient rich sediment and pollution. In the past, the Conowingo Dam was able to hold large quantities of sediment, but the reservoir has reached its capacity, so nutrient and sediment pollution is now making its way over the dam. According to Exelon, the recent amount of debris has been the largest in 20 years. In a statement, Exelon said to have removed 1,800 tons of trash from behind the dam and are still cleaning. When the dam is opened, pollution flows freely down into the Chesapeake, carrying everything from garbage to tree branches and trunks.

In addition to nutrient and trash pollution, the increased water is causing an issue many may not have considered. As an estuary, the Chesapeake receives its fresh water from its rivers and salt water from the Atlantic Ocean. Due to the all-time-high fresh water flow coming in from its tributaries, the Bay has seen a decrease in its salinity. This can pose a threat to plant and animal life, like oysters and blue crabs, which can only tolerate or thrive in certain water conditions.

Photo by Matthew Beziat

Huge rainstorms have proven time and time again how devastating it can be for organisms on land and under water. With heavy rainfall comes not only stormwater runoff but agriculture runoff as well; the single largest source of nutrient and sediment pollution entering the Bay. The excess of nutrients, such as nitrogen and phosphorus, that enter the Bay power the growth of algae blooms that block sunlight from reaching the underwater grasses. It robs the water of oxygen that plants and animals are dependent on to survive. The Bay’s underwater vegetation, where many blue crabs, fish and shellfish reside, is an indicator in determining the health of the Chesapeake Bay. Healthy underwater grasses provide food and habitat for animals, reduces shoreline erosion and improves overall water quality by slowing down the current and filtering sediment.

It will obviously take time for scientists to measure the full effects the rain has truly had on the Bay. In the meantime, let’s do all that we can to prevent any further damage from stormwater runoff by installing rain gardens, rain barrels, forest buffers, and implementing proper conservation practices. If you see trash, pick it up. It will end up somewhere it shouldn’t.  We can’t control the weather, but we can control our own actions.

Learn more about storm water runoff here.

Taylor Montford is the communications intern for the Choose Clean Water Coalition.

Must Be Something In The Water

The Choose Clean Water Steering Committee meets with members of Warm Springs Watershed Association in Berkeley Springs, West Virginia.

“Without the water, there would be no town.” - Jeanne Mozier, Berkeley Springs resident and historian

While it may seem like we are constantly out of the office, the reality is our Coalition staff are usually stuck behind our desks during the year. Part of my job is to share the great work of our members, but rarely do I get to experience it first hand, which is why I was thrilled to be travelling to meet with some of our members in Berkeley Springs, West Virginia last week. While I knew we were going to be visiting the town and seeing member projects, I had no idea how much I would learn about not only our members but the power of water.

The History

A view of the springs

While this wasn’t technically George Washington’s warm spring bath tub, he did frequent Berkeley Springs to take part in the restorative power of the water.

The founding of Berkeley Springs can be traced back to the 1740s, when George Washington was sent to survey the Eastern Panhandle of West Virginia for Lord Fairfax. After their discovery, the warm springs were said to have medicinal benefits, and as early as the 1750s large bath houses and hotels began to pop up around the springs. The water became a destination for those seeking treatment for everything from anxiety to diabetes, and was even frequented by Washington himself! To this day, people have come to depend on the springs for not only treating their ailments, but also for their drinking water. As we stood learning about the springs, a line of people began to form to fill their empty gallon jugs at the spring’s spigot. As I stopped to take a photo, the woman in line turned to me and said, “it is the best water in the world.”

Pushing Up Daises

This rain garden is located at the bottom of Greenway Cemetery in Berkeley Springs. The project was made possible by funding from the National Fish and Wildlife Foundation.

All of this said, it probably comes as no surprise that the people who live in Berkeley Springs really value keeping their water clean, which could be why there has been such a push for more green infrastructure in the town. The first such project we toured was installed at Greenway Cemetery. Located just across the street from Warm Springs Run, it is a huge plot with a very steep slope. Certain paths and roads through the cemetery would frequently flood and caused cars to become stuck throughout the property. In 2016, Warm Springs Watershed Association worked with a variety of partners to install a rain garden at the bottom of the hill that collects an estimated 100,000 gallons of stormwater runoff during an average rainfall. Funding for the project was provided by a $50,000 Small Watershed Grant administered by the National Fish and Wildlife Foundation (You know, funding that comes from the $73 million for the Chesapeake Bay Program?), with additional financial support from the West Virginia Department of Environmental Protection, the West Virginia Division of Forestry and Region Nine. Over the past five years, more than 100 additional trees have been planted in the cemetery and they recently installed an innovative hügelkultur-inspired project, which may sound like a delicious German pastry, but is actually a project that will help to reduce flooding downstream.

Greening Main Street

This innovative project helped reduce flooding on one of the main streets in Berkeley Springs.

The next project we visited was a series of bioretention cells located along the historic main street of town. Recognizing that it would be almost impossible to create bump outs along the road, which is also a federal highway, the city decided to dig down. They installed permeable pavers that collect water underground for the plants in the bioretention cells to soak up, reducing the amount of water that goes directly into stormdrains. Residents in the town have noticed that when it rains, the ends of the road still flood, while this section of the road with the projects stays dry and allows businesses to stay open. The hope is to eventually install more of these projects along the roadway to help keep even more water from flooding the area and flowing directly into the local stream.

They say the springs are restorative, and although I didn’t have the opportunity to jump in, I did leave Berkeley Springs feeling rejuvenated. Being surrounded by our members who care so deeply about these issues helped to remind me why we all do what we do, why we show up, and why we will continue to show up, each and every day for clean water. Must be something in the water.

Kristin Reilly is the senior communications manager for the Choose Clean Water Coalition.

Making the MOST of Annapolis

On any given day in Annapolis, you can hear the shoes of state legislators slap across the old brick roads of West Street, bump into sailors and Navy plebes, and ogle at rows of beautiful boats in the harbor. Like any idyllic bay-side town, buildings are painted in shades of blue and grey that pay tribute to the neighboring Chesapeake Bay and it is hard to walk more than 20 feet without seeing some sort of tribute to the blue crab, a Marylander’s pride and joy. With centuries of history tied deeply to the Chesapeake, it is easy to see why this special and historic town is a must see for visitors from around the world.

Being a popular tourist location, the Annapolis Visitor Center receives heavy traffic. Rather than maneuvering some tricky parallel parking on the narrow roads or using a garage, visitors can instead conveniently park in the Visitor Center Parking Court. Unfortunately, the parking court was a stormwater nightmare that no one noticed at first. As any good Annapolitan knows, “All Drains Lead to the Bay”, and the impervious (non-absorbent) pavement used to build the parking court allowed for polluted rainwater to slide right into our Bay. Having what was essentially a pollution slip-n-slide just a few blocks from the Harbor seemed like a bad idea, which is why the Municipal Online Stormwater Training Center (MOST) worked with the Maryland Department of the Environment, and government leaders, to come up with a stormwater friendly plan.

Photo courtesy of Annapolis Landscape Architects

Following the educational guidance of MOST and using funding provided by the city of Annapolis, the pavement was replaced with permeable pavers – which allowed for rain to soak down into the ground and be filtered instead of directly carrying contaminants, like motor oil, to stormdrains. A center piece rain garden was also built, centering the oblong parking court like an egg yolk. The city also included recycled curbs, solar-powered meters, and bike racks to encourage ecofriendly transportation. In 2015, this project won “Best Ultra Urban Design” from the Stormwater Network – giving Annapolitans one more thing to be proud of.

A large part of this success is owed to MOST, as this group of environmentalists and educators pulled together both the funding and resources to make it happen. No environmentalist complains about having a local government interested in funding projects, but if no one understands exactly how to apply funding to the issue, in this case stormwater, no effective change can happen. Education is key, and MOST offers free online lessons, toolkits, success stories, and more for anyone interested in a better understanding of what they can do for their community’s polluted runoff issues. They even created a map showing a wide range of other stormwater projects around Maryland called Stormwater Success Stories. Environmental passion, proper education tools, and supportive funders created the perfect storm to combat stormwater runoff in Annapolis – and perhaps soon in a city near you.

Photo courtesy of Annapolis Landscape Architects

Mary Katherine Sullivan is an intern with Choose Clean Water

Stormwater Tour of Carroll County

Photo courtesy of Rick Scaffidi

This past Friday, more than 20 Coalition members visited Carroll County, Maryland, to check out their innovative stormwater projects. The tour was led by Tom Devilbiss, director and hydrogeologist for Carroll County, who gave us a brief run through on the county’s progress. This included learning about the Agricultural Land Preservation Program, where 70,000 acres of land are permanently preserved – with an eventual goal of 100,000. The county brings in $200,000 a year in agriculture, and has seen a dramatic decrease in urban sprawl.

Photo courtesy of Rick Scaffidi

In 2008, the National Pollutant Discharge Elimination System (NPDES) went up for renewal leading to the hiring of more employees to increase the work being done, as well as an increase in budgeting in capital and operating from a little more than $1.6 million to just over $7.3 million. Since this review, the county has been at work retrofitting existing stormwater facilities to address new requirements. The idea is to capture, treat, and release stormwater runoff. “You can get a lot done on a few dollars” Devilbiss noted, highlighting the thriftiness of his county.

Photo courtesy of Rick Scaffidi

On the tour, we learned about the water filtration systems, water monitoring systems, and geodatabase implemented in Carroll County – all part of working towards being a greener part of Maryland. They boast six retrofit locations that are routinely sampled and checked up on. The county also tries to gain ownership of all residential stormwater ponds to ensure they will receive the best possible monitoring and care. Their geodatabase keeps track of monitoring data, and in 2016 a position was created to allow for one person to focus solely on this database. They also boast a citizen reporting hotline and staff reporting hotline, encouraging community members to care about their rain water.

After the in-office rundown, we packed into vans and went out to explore the local projects in person. The sites we visited were all beautiful examples of stormwater management, including a farm museum with a bioretention cell, a stormwater drainage area at Westminster High School, and the Westminster Community pond, where the grasses around grew a healthy bright green.

Photo courtesy of Rick Scaffidi

Like all of us, Carroll County still has work to do for its future generations – but the tour showed that they are working hard to reduce stormwater pollution with a modest budget and passionate people.

Mary Katherine Sullivan is an intern with Choose Clean Water

The Forest Conservation Act of Maryland

Forests do not often get the credit they deserve when it comes to restoring the Chesapeake Bay, but here at the Choose Clean Water Coalition we want to put a spotlight on this important part of the ecosystem. Forests work like giant sponges, absorbing rain water and pulling it into the soil. This absorption of water keeps the soil moist and able to grow vegetation, which creates the forests that provide food, shelter, nesting sites, and safe migration paths for critters in the water and on land.  Forest buffers also help to stabilize stream banks and improve water quality. Their large root systems keep the soil in place, keeping sediment from eroding into water ways and act as large filters to clean rainwater runoff. This is a hugely important part of keeping our Bay clean from stormwater and agriculture pollution. Forests are also economically valuable, as they supply wood and paper products, generate jobs and income, provide the state with a recreational income from parks, and increasing property value. 

When settlers arrived in the Chesapeake Bay region, their impression of the land was that there was “too much wood” and said the view of the untapped America was “an undulating surface of impenetrable forest”. These ancient trees were about 40 percent taller than the young new trees that grow here now. Between 1982 and 1997, the Bay watershed lost more than 750,000 acres of forestland. Today, there are about 24 million acres of forest and the watershed is losing about 70 acres each day. So how do we continue to benefit from the economic value of our forests without losing everything? Sustainable forestry is a broad term for management techniques that respect the environmental, social, and economic values of the forest – while still allowing for harvesting.

Photo courtesy of the Chesapeake Bay Foundation

The Bay jurisdictions have worked to mitigate this issue. In 1991, the Forest Conservation Act (FCA) of Maryland was passed to protect our forest habitats from over-foresting. The act is primarily implemented on a local level, through the Department of Natural Resources. The FCA covers private and public forested areas 40,000 square feet or larger – with a few exceptions including highway construction. Thanks to the FCA, before construction is started applicants must submit a Forest Stand Delineation and Forest Conservation Plan. These are used to determine the best areas for construction, review information on the soil and trees present at the site, as well as a schedule, a reforestation plan, and a plan demonstrating minimal ecological disturbance. These mitigation requirements vary by plot size and essentially require replanting of trees to compensate for what is lost.

Photo courtesy of the Chesapeake Bay Foundation

Maryland has not altered its FCA since 2013, and now it is up for review this coming legislative session. About half of the Bay watershed is in Maryland, so, it is extremely vital that the decisions made in the 2018 Conservation Act positively impact the watershed. As for changes to the current FCA, some conservationists believe that the replacement ratio for trees should be 1:1 throughout all of Maryland, and done directly by those building on the land. Previously, builders have been able to pay a fee to the county instead of replanting, but it is difficult to track how those fees are used. The consensus from environmentalists is that without stricter rules on how replanting is done, "no net loss" is not truly fulfilled. It is imperative that we remember why the Forest Conservation Act was implemented to begin with – and to carefully weigh the benefits and risk of modern construction on our beloved wilderness.

 Mary Katherine Sullivan is an intern with the Clean Water Coalition.

Toxic Runoff in Maryland

Industrial Sites Ignoring Law, Polluting Communities and Waterways

A law enforcement culture that is soft on polluters and a state permitting system riddled with loopholes is leaving Maryland communities and waterways at risk from the toxic mix of rainwater and chemicals that wash off of old cars in junkyards and out of landfills or agricultural supply sites across the state.

According to a November 2017 report from the Center for Progressive Reform and the Environmental Integrity Project, more than 900 industrial facilities in Maryland are subject to the state’s industrial stormwater “general permit,” a critical tool developed by the Maryland Department of the Environment (MDE) to achieve the Clean Water Act’s fundamental goals of prohibiting toxic water pollution and restoring vibrant local waterways. These 900 facilities can be found in urban and rural areas, from Maryland’s westernmost counties all the way to the shore. But many of them are concentrated in low-income communities, raising concerns about the social justice implications of MDE’s weak enforcement and permitting programs.

The key to Maryland’s industrial stormwater general permit is that facilities are required to get a permit to pollute, then live within its limits. The facilities that pollute the most are required to test their polluting discharges and then report to the state on whether they’re within legal limits.

The report finds, however, that more than a third of the industrial facilities required by their permits to report results of stormwater runoff pollution testing are discharging such toxic metals as lead and copper in excess of legal limits, threatening the health of local residents, wildlife, and the Chesapeake Bay.

In addition, the report finds that about 14 percent of facilities with such permits don’t bother to report the results of testing, if indeed they’re conducting tests at all, meaning that, all told, close to half of the facilities required to report on their stormwater runoff aren’t in full compliance with the law.

That kind of rampant failure to follow the law is only possible when enforcement is feeble, and that’s exactly what the authors of Toxic Runoff from Maryland Industry found. Although the state’s environmental policy is generally regarded as progressive, it has begun turning its back on deterrence-based enforcement, following in the footsteps of the federal government. As of September 2017, the Maryland Department of the Environment (MDE) had only inspected 54 percent of the facilities that reported excessively polluted discharges. In addition, between 2014 and 2017, MDE inspected only 42 percent of the industrial facilities that had failed to file required reports on their polluting discharges, raising the possibility that these companies could be discharging untold quantities of toxic pollutants into the state’s waterways.

As is often the case, the burden from pollution highlighted in the report hits the state’s low-income communities hardest because the industrial facilities doing the polluting are often sited right on their doorsteps. CPR Policy Analyst David Flores, a co-author of the report, noted that low-income areas of East Baltimore, Prince George’s County, Salisbury, and Anne Arundel County are particularly hard hit.

Among the more egregious examples of polluters’ failure to comply with their permits:

• Cambridge Iron and Metal Company in East Baltimore discharged stormwater that contained lead that exceeded acceptable levels by an average of 717 percent.
• Potomac German Auto in Frederick had stormwater with aluminum that exceeded acceptable levels by 1,127 percent.
• Salisbury Scrap Metal, Inc., on the Eastern Shore had stormwater with copper that exceeded acceptable levels by 1,564 percent.
• The Southern States agricultural supplies outlet in North Cumberland, MD, had zinc in its runoff that exceeded acceptable levels by an average of 1,378 percent.

For more:

• Read the report, Toxic Runoff from Maryland Industry: Inadequate Industrial Discharge Protections Threaten Marylanders’ Health and the Environment, by CPR’s Rena Steinzor, David Flores, and Evan Isaacson, and the Environmental Integrity Project’s Sylvia Lam and Courtney Bernhardt.
• Read the day-of release blog post, and the news release.
• Read inspection reports from three of the industrial facilities we highlight in our report: the Quarantine Landfill in Baltimore, Y&R Eastside Auto Recycling in Baltimore, and AMG Resources (metal recycling) in Dundalk.

The Center for Progressive Reform is a nonprofit research and educational organization with a network of Member Scholars working to protect health, safety, and the environment through analysis and commentary. The organization's 50+ Member Scholars -- working academics at institutions of higher learning across the United States -- provide research, analysis and commentary on a range of issues related to the environment, health and safety.

“Hi, We’re from the Stormwater Workgroup and We’re Here to Help!”

As unlikely as the words in the title are to be spoken out loud, they would ring true if they were. Dealing with stormwater pollution, or “polluted runoff” - the more public friendly term- in the Chesapeake Bay watershed, has been a Policy Priority of the Choose Clean Water Coalition since our formation in 2009.

Photo Credit: Chesapeake Bay Program

Our simple sounding goal is: “Strengthen policies and permits to stop polluted runoff in urbanized areas.” Anyone familiar with this issue knows that neither the problems nor the solutions are simple. Even narrowing down to “urbanized” areas is a bit of a misnomer, since there is polluted runoff on farms (think about what pops out of one end of a cow, and then what happens when it rains); from rural areas where drilling pads for hydraulic fracturing (fracking) are located; and from the construction of pipelines and powerlines crisscrossing the rural parts of our watershed.  All are growing sources of stormwater runoff and pollution.

Let’s get back to the primary issue of stormwater pollution. This is the source of about 16 percent of nutrient pollution (both nitrogen and phosphorus) and 24 percent of sediment loads to the Bay. Far from the largest source of pollution to the Bay, but it is the fastest growing source in our region and one that tends to be very expensive to fix. That is why the Coalition decided early on to focus on this complex source of Bay pollution.

Much of the polluted runoff in our region though, does emanate from urbanized areas, and local and state governments, and the EPA, all have a role in regulating and reducing these sources of pollution. This is done primarily through a permitting system established through the Clean Water Act – the Municipal Separate Storm Sewer Systems, or “MS4” permits, for short. Kind of a cutesy acronym that engineers find comforting, and the rest of us roll our eyes about.

Photo Credit: Chesapeake Bay Program

But MS4 permits are a critical mechanism for dealing with stormwater runoff and that is why the Coalition’s Stormwater Workgroup has focused on this tool. In 2016, the Workgroup developed and adopted a “Model MS4 Permit” for our region, which clean water advocates could use, and have used, to lobby local, state, and federal governments to development stronger permits to reduce stormwater pollution entering local streams and rivers and eventually the Chesapeake Bay itself.

The Workgroup has also focused on mechanisms used by local governments to fund the actions that need to be taken “on the ground” to reduce pollution. Often, these funding sources are called “Stormwater Utilities” and are a user fee charged to residential and commercial properties for local governments to cover costs to fix stormwater pollution problems, many of which are caused by private development. The Coalition has put together an inventory of stormwater utilities throughout the six state (and D.C.) Chesapeake Bay watershed, with the intent of sharing success stories among local jurisdictions. These stories and “lessons learned” have been expanding around the watershed and more and more localities are considering, and implementing, new and innovative funding sources to pay for the work that is necessary.

There are no “silver bullets” to address stormwater pollution in the Chesapeake region – or nationwide for that matter. But the Stormwater Workgroup of the Choose Clean Water Coalition has been working hard to make a difference and to stop this growing source of pollution from growing any further.

Peter Marx is a federal contractor and the Stormwater Workgroup lead for the Coalition.

Cleaning and Greening with Meaning

The Stormwater Workgroup of the Choose Clean Water Coalition has done a lot of work over the past few years on “stormwater utilities” – or “stormwater fees”. Fees are a mechanism used by local governments to help cover the costs of fixing polluted runoff problems in urban and/or suburban areas.

Photo: Chesapeake Bay Program

A couple of years ago, the workgroup put together a Stormwater Utility Clearinghouse – effectively a spreadsheet listing every local government in the Chesapeake Bay watershed that had a stormwater fee, and included specific data about the fees; the fee structure, including exemptions; and contact information. The primary intent was to have a central document that other local governments could use to get ideas about efforts in their region to reduce stormwater runoff and meet clean water goals.

David Morgan, the water policy associate for the Coalition in 2016 and 2017, spent time refining the Clearinghouse and also sharing information with others across the country, including the Western Kentucky University which compiles a similar list stormwater utilities nationwide.

In order to improve information sharing with local government officials who might be interested in establishing a stormwater fee, a few members of the workgroup, Becky Hammer and Alisa Valderrama with Natural Resources Defense Council and David Morgan, sought to compile a helpful list of policy recommendations. This report, with a heavy emphasis on using green infrastructure to reduce stormwater pollution, was completed in June.  The “Paying for Stormwater Management in Chesapeake Bay Communities: Policy Recommendations” is now available for anyone to use.

The concise 15 page report provides a lot of basic information for anyone, or any community, interested in stormwater utilities. The report also contains a number of references to other sources for more detailed information in a number of areas. If you know of someone interested in learning about utilities, or if you want to spur your local government to consider something like this, feel free to share this report with them.

This report provides guidance for how to set a fee, how much it should be, who should pay it, who should be exempt or receive a credit, and other critical information.

Peter Marx is the federal affairs contractor with the Choose Clean Water Coalition.

Montgomery County DEP Tour Shows Investment in Stormwater Initiatives

Not long ago, I was asked to do something at work that I was never asked to do in any of my previous jobs. I was asked to create a document which outlined my professional goals while working with the Choose Clean Water Coalition. I was pretty floored by how good of an idea this was. Never before had an employer taken such an interest in my professional development, so I set out to ensure the opportunity wasn’t squandered.

The first thing I jotted down was fairly straightforward: to get outside, in the field, and see firsthand some of the projects that resulted from the Coalition’s continued and ardent advocacy. Almost instantly, I was afforded the chance to check this item off my list by attending a tour of stormwater infrastructure and stream restoration projects in Montgomery County—a very informative outing facilitated by the Montgomery County Department of Environmental Protection (DEP).

A handful of other clean water advocates and I began our day at DEP headquarters and received a crash-course presentation on some of the steps that Montgomery County is taking to make sure that areas with the the most need for restoration and infrastructure work are getting attention. They walked us through their game plan, a five-phase initiative which guides a project from planning and design, all the way through to post-construction monitoring.

We learned that DEP is doing some truly great stuff out in the field, including projects still in the design phase. Montgomery County DEP has applied BMPs and restoration techniques to the equivalent of roughly 4,374 acres of impervious surface—an impressive number to say the very least.

Being presented with the numbers is one thing, but I wanted to throw on my boots and get out and see these practices first-hand. This is exactly what we did. DEP staff loaded us into a pair of vans and brought us to a total of five different restoration sites, each one in a different stage of completion. First we visited a completely finished project, the “Hollywood Branch Stream Restoration.” This location, nestled within the Anacostia River Watershed, boasted a 4,470 linear foot project length, including a natural stream channel design, and connection to existing floodplain and vernal pools areas.

On the other end of the spectrum, we went to the site of a proposed project. What is now a dry stormwater retention pond at the end of a quaint cul-de-sac, will soon become a shallow wetland that will not only hold stormwater drainage from 31 nearby acres (26% of which are impervious), but promises to be so aesthetically appealing that nearby residents have threatened to dust off their old row-boats in anticipation of some leisurely jaunts across the floodplain.

All in all, it was a remarkably successful afternoon. I only lost 5 pounds of water weight due to the humidity, and I didn’t get a single tick bite. Most importantly, I was reminded that our efforts are not for nothing. If you’re willing to get outside and wander a bit, there is a lot of measurable work being done to clean up where we live, work, and play and to provide greener spaces for future generations and for ourselves.

Five Coalition Members Receive Funding for Greet Street Projects to Manage Polluted Runoff

The U.S. Environmental Protection Agency (EPA) and the Chesapeake Bay Trust, in partnership with Maryland’s Department of Natural Resources, announced $727,500 in grants to be awarded to 5 Coalition members and 10 additional organizations through the Green Streets, Green Towns, Green Jobs Grant Initiative (G3). This program was created in 2011 to encourage local jurisdictions to use “green” techniques when pursuing necessary “gray” infrastructure projects, accomplishing two goals within one project. Coalition recipients include:

1. Friends of the North Fork Shenandoah River, Virginia, $43,615
2. Blue Water Baltimore, Baltimore, $74,826
3. American Rivers, Regional, $19,880
4. West/Rhode Riverkeeper, Inc., Edgewater, Md., $30,000
5. Parks & People Foundation, Baltimore, $75,000.

Friends of the North Fork of the Shenandoah River plan to reduce polluted runoff and stabilize the streambank at the historic Edinburg Mill, in Edinburg, Virginia. A high visibility site for tourists and local residents alike, the Mill was recently renovated and houses the Shenandoah Valley Cultural Heritage Museum as well as meetings space. The Mill's large parking area drains directly into Stony Creek, a Class V trout stream and tributary of the North Fork of the Shenandoah River. Partners involved include the Center for Watershed Protection and Virginia Department of Game and Inland Fisheries, as well as the Town of Edinburg and the museum. 

American Rivers plans to create gateway gardens which both reduce polluted runoff and improve community value. The projects will leverage private-public partnerships between municipalities and businesses. Unfortunately, complex highway design and maintenance policies can hamper local initiatives. This project will analyze these challenges and work with state highway administrators to identify solutions to increase locally driven 'green' gateway projects, clean water and sustain communities. 

“These funds contribute to a sustainable green economy by supporting a continuous cycle of pollution prevention, water retention and job creation - leading to a better quality of life for the people who call these communities home,” said EPA Regional Administrator Shawn M. Garvin. “By keeping rain water from coming into contact with pollution in the first place, green infrastructure improves the health of our waters, while effectively reducing flooding, and helping our communities adapt to the very real challenges of climate change.”

Projects include the removal of impervious concrete, the expansion of urban tree canopies, the creation of bioretention cells, and many other green infrastructure practices.

The G3 Grant Program, administered by the Chesapeake Bay Trust, helps support President Obama’s Executive Order for Protecting and Restoring the Chesapeake Bay. Its purpose is to improve local, grassroots-level greening efforts by towns and communities in urbanized watersheds that reduce stormwater runoff through the creation of “green streets,” the increase in urban green spaces, and the reduction of impervious surfaces. This program is open to local governments, non-profit organizations, and neighborhood/community associations focused on green stormwater management retrofits with grants available up to $20,000 for research efforts, $30,000 for design, and $75,000 for implementation projects.

2015 Green Streets grant recipients include: 

1. Mount Vernon-Belvedere Association, Baltimore, $10,795
2. Friends of the North Fork Shenandoah River, Virginia, $43,615
3. Baltimore Tree Trust, Baltimore, $35,000
4. Second Chance, Inc., Baltimore, $30,000
5. Blue Water Baltimore, Baltimore, $74,826
6. Land and Cultural Preservation, Inc., Frederick, Md., $14,315    
7. Community Action Commission, Pennsylvania, $70,000    
8. City of Lancaster, Pennsylvania, $60,000
9. Old Goucher Community Association, Baltimore, $99,068            
10. City of Staunton, Virginia, $75,000 
11. American Rivers, Regional, $19,880
12. West/Rhode Riverkeeper, Inc., Edgewater, Md., $30,000  
13. Town of Edmonston, Edmonston, Md., $15,000
14. Parks & People Foundation, Baltimore, $75,000
15. Highlandtown Community Association, Baltimore, $75,000

For more information on the Green Streets, Green Jobs, Green Towns grant program, please visitwww.cbtrust.org/grants/g3.