RESTORING THE SCENIC SEVERN RIVER

1. RESTORING THE SCENIC SEVERN RIVER Presentation for: Severn River Association: STATE OF THE SEVERN October 21, 2008 Presented by: Gerald W. Winegrad

2. WHAT’S THE STATUS OF THE SEVERN RIVER? According to the most recent reports and data, The Severn is in dismal shape. Due to poor water quality 90% of grasses planted may die. *BENTHIC POPULATIONS in the Severn are Severely Degraded and getting worse. *High levels of NUTRIENTS and suspended SEDIMENTS. *High levels of FECAL COLIFORM with shellfish harvest closed. *Citizens contracting serious INFECTIONS from water contact.

3. The Severn is one part of the 90+% of the Bay and its tidal rivers that are impaired* due to low dissolved oxygen levels and poor water clarity, all related to nutrient and sediment pollution. *Impaired means designated by the EPA as not meeting Clean Water Act standards under Sec. 303(d). Impaired Water

4. BERNIE VOITH AT HIS DOCK ON PLUM CREEK OFF THE SEVERN RIVER BERNIE HAS SWAM AND FISHED THE WATERS OF THE BAY FOR 50 YEARS

5. BERNIE VOITH’S RIGHT LEG FROM BACTERIAL INFECTION CONTRACTED IN JULY 2005 WHEN HE SCRATCHED HIS LEG IN PLUM CREEK OFF THE SEVERN RIVER IN HIS BACKYARD. THE ENTEROBACTER NEARLY COST BERNIE HIS LIFE. BERNIE WILL NEVER GO IN THE WATER AGAIN. • STAFF AT ARLINGTON ECHO ENVIRONMENTAL EDUCATION CENTER ON THE SEVERN RIVER HAVE HAD SIMILAR LEG INFECTIONS AND SCHOOL CHILDREN AT THE COUNTY’S MAIN ENV. ED. FACILITY CAN NO LONGER GO IN THE WATER. • FORMER AA COUNCIL WOMAN BARBARA SAMORAJCZYK SCRAPPED HER LEG IN HER BACKYARD ON LAKE OGLETON AND HAD TWO ABCESSES IN HER LEG REQUIRING MONTHS OF MEDICAL TREATMENT.

6. Why has the Severn declined so badly?Excess nutrients and sediment. They are the focus of Bay restoration. Toxic chemicals also present threats.

7. SEVERN RIVER LAND USE & POLLUTION SOURCES

8. THREE KEYS TO RESTORE THE SEVERN: I. Reduce our individual pollutant loads. II. Change development patterns through State and local land use legislation, establish no net loss of forest, and require stormwater retrofits, and no net pollution in new development. III. Require mandatory controls and BMPs for agricultural pollutants, including advanced nutrient management and better animal manure management.

9. PLAN OF ACTION FOR COUNTY COUNCIL & STATE LEGISLATURE • I. ENACT IMPERVIOUS SURFACE FEE FOR NEW AND EXISTING DEVELOPED LANDS DEDICATED TO STORMWATER RETROFIT & FOREST BUFFERS, WITH A STORMWATER UTILITY TO ADMINSTER THE FUND AND THE RETROFITS. • II. REQUIRE STATE-OF-THE ART STORMWATER MANAGEMENT IN NEW DEVELOPMENT AND RETENTION OF FOREST COVER—NO NET INCREASE IN RUNOFF VOLUME OR RATE FROM NEW DEVELOPMENT. • III. ENACT COMPREHENSIVE STATE & LOCAL GROWTH MANAGEMENT LEGISLATION SIMILAR TO 1991 BARNES COMMISSION 2020 BILL & CRITCIAL AREA. • IV. ESTABLISH A NO NET LOSS OF FOREST POLICY W/100’ RIPARIAN BUFFER PROTECTION, & REPLANTING OF BUFFERS. • V. REQUIRE NEW DEVELOPMENT TO KEEP OR PLANT FOREST BUFFERS OF AT LEAST 100' AROUND ALL STREAMS AND THE RIVER. 

10. SEVERN INITIATIVES PACKAGE VI. USE PROGRAM OPEN SPACE, RURAL LEGACY AND OTHER FUNDING FOR MAJOR EXPENDITURES FOR PRESERVATION OF FORESTS & FORESTED BUFFER CREATION THROUGHOUT THE WATERSHED, INCLUDING DEVELOPED ACREAGE. VII. STRENGTHEN CRITICAL AREA LAW AND SEDIMENT CONTROL LAW IN COUNTY AND THEIR ENFORCEMENT AND OTHER LAND USE LAWS AND HIRE A FULL TIME INPSECTOR WITH A VESSEL TO ENFORCE. VIII. TIGHTEN REQUIREMENTS FOR FARM NUTRIENT MANAGEMENT PLANS AND REQUIRE BMPs AND THEIR IMPLEMENTATION AND MDE INSPECTION ON FARMS. IX. AS A CONDITION OF RECEIVING ANY STATE FUNDS FOR AG LAND PRESERVATION, MET EASEMENTS, MACS GRANTS, COVER CROP GRANTS, MANURE MANAGEMENT GRANTS, REQUIRE FARMERS TO HAVE A COMPREHENSIVE NUTRIENT MANAGEMENT PLAN AND CERTIFY THAT IT IS BEING FULLY IMPLEMENTED. • PROMOTE RAPID IMPLEMENTATION OF FLUSH TAX TO UPGRADE SEWERAGE TREATMENT PLANTS IN AA COUNTY--**ANNAPOLIS & BROADNECK ESPECIALLY.

11. REQUIRE ALL NEW AND REPLACED SEPTIC SYSTEMS TO BE STATE-OF-THE-ART NITROGEN REMOVAL SYSTEMS AND SYSTEMICALLY REQUIRE THE REPLACEMENT OF EXISTING SEPTIC SYSTEMS WITH STATE FLUSH TAX GRANTS ($17 MILLION CURRENTLY AVAILABLE). 30% OF NITROGEN FLOWING TO THE SEVERN IS FROM THE 29% OF HOUSING AND BUSINESSES ON SEPTIC. ONLY THE ADOPTION OF BOLD NEW MEASURES WILL SAVE THE SEVERN AND THE BAY. WE CAN RESTORE THE SEVERN’S 81 SQ. MI. WATERSHED AND ITS 140 MILES OF STREAMS, BUT STRONG, EVEN RADICAL ACTION IS NECESSARY.

12. CATFISH FROM SOUTH RIVER WITH CANCEROUS LESION THESE ARE SOME OF THE CONSEQUENCES OF CONTINUING CURRENT EFFORTS TO RESTORE THE BAY WITHOUT RADICAL CHANGE BERNIE’S INFECTED LEG ROCKFISH W/MYCOBATERIOSIS

13. STATE OF THE ART STORMWATER MANAGEMENT FOR ALL NEW IMPERVIOUS SURFACES Amend the Maryland Stormwater Management Law to require that when land is developed, the pre-development hydrograph is either replicated or improved as to the rate, volume, and pollution loads of stormwater. Adopt this “do no harm” requirement in law. Improvements of runoff characteristics is already required for development/re-development in the Critical Area buffer in the IDA. Amend the Maryland Stormwater Management Law to require the adoption of the Core Environmental Site Design Principles for the implementation of the Maryland Stormwater Management Act of 2007 (SB 784/HB 786). These principles were developed by an environmental consortium. Adopt the recommendations for the Green Fund requiring counties to form stormwater utilities to assure that existing and new stormwater management facilities and processes are working properly, are maintained, and are retrofitted as needed over time. More than 500 stormwater utilities exist in the U.S.

14. CRITICAL AREA LAW CHANGES a. Amend the law to authorize the Critical Area Commission to make regulatory changes on its own, just like other state agencies and to fully enforce the CAL through the AG's office.  New regulations would be adopted through DNR. b. Allow citizens the right to intervene as with other environmental laws.  This could be done with a provision of citizens filing 30 days notice with the county/municipality and violator of the violation, and if not corrected in 30 days, the citizen may then request action from the AG, who would be empowered to act to correct any violation. c. Adopt no net loss of forest cover with a goal for a 15% increase in the critical area by 2015 with a 1-1.5 replanting requirement, 2-1 in the buffer. d. Require all new construction of impervious surfaces to implement environmental site design that assures the pre-development rate and volume of stormwater are replicated or improved by at least 10% and there are permanent provisions for maintenance of any stormwater structures and techniques.

15. CRITICAL AREA LAW CHANGES - CONTINUED e. Require strict adherence to enhanced nutrient management plans, including BMPs for cover crops, manure management, and forested buffers on all farmland in the Critical Area.  No exceptions and farms should be periodically checked by Department of Environment or other non-Department of Ag inspectors.   f. Before a variance is granted, provisions would be made for the replanting of trees, planting of 100' buffers in trees, and the limitations on stormwater as required above, and if the Critical Area Commission objects or suggests changes, the variance may not go forward or may go forward only if the changes are implemented.  g.  Any requests for a growth increment where land is taken from RCA and placed in LDA or IDA must adhere to strict requirements for tree cutting and replacement, impervious surface limitations and stormwater, and for 100' forested buffers.  If the Critical Area Commission objects or suggests changes, the re-classification may not go forward or may go forward only if the changes are implemented.  h.  Retroactive variances must contain provisions for strict requirements for tree replacement, impervious surface limitations and meeting strong stormwater control, and for 100' forested buffers.    i.  Increase penalties for first time violations to $100,000; second and subsequent offenses to be punished by up to $250,000 penalty and 6 months incarceration.