Your Water

Your Home, Your Health, Your Taxes, Your Vote.

What every citizen needs to know about
pollution caused by stormwater runoff and
what can be done about it.

Stormwater is the #1 source of polluted water.

With only two staffers responsible for enforcing stormwater regulations for seven counties in our region: Westchester, Sullivan, Orange, Putnam, Rockland, Dutchess, and Ulster counties, the NY State Dept. Of Environmental Conservation is going to need plenty of citizen help.

That's why the Land Use/ Natural Resources committee has prepared an educational video and compiled a portfolio of relevant articles for public distribution through the library system.

New regulations, what government is required to do, citizen enforcement of stormwater regulations and successful case studies are discussed.

NOW AVAILABLE AT YOUR LOCAL LIBRARY
CALL# 333.91
COPIES FOR SALE- CLICK HERE

"YOUR WATER: Your Home, Your Health, Your Taxes, Your Vote" is organized by the League of Women Voters of Westchester to educate about stormwater pollution and our governments' role.

The nature of stormwater pollution underscores the need for massive cooperative effort on the part of individuals and their governments. For local governments, watershed-wide planning provides greater natural resource protection and is more cost effective. To that end, in 2001 and 2002, the League held a conference in each of Westchester county's major watersheds to explain how runoff effects our drinking water and our local water bodies.

The League of Women Voters wishes to thank the Hudson Valley Regional Council for financial support through their Water Quality Grant Program. We also wish to thank the Katonah Public Library, theYonkers Public Library, Will Branch, the New Rochelle Public Library and the Scarsdale Public Library which generously provided the venues for our conferences. The Westchester Library System has catalogued, distributed and advertised our materials throughout the libraries of Westchester, and we are also grateful for their assistance.

Algae aquatic plants that feed on nitrogen and phosphorous, and as they decompose, deplete the water of oxygen

Best Management Practices (being replaced by "stormwater management practices") a structure, practice, or program designed to a) prevent the discharge of one or more pollutants to the land surface and thus minimize their availability for wash-off by stormwater, or, b) temporarily store or treat urban stormwater runoff to reduce flooding, remove pollutants or provide other amenities. Examples include educational programs, integrated pest management, street sweeping, vegetative erosion controls, detention ponds.

Buffer zones are natural or managed areas used to protect an ecosystem from adjacent land uses or sources of pollution

Croton Watershed encompasses all or parts of ten municipalities in Westchester County: (the Towns of Bedford, Cortlandt, Lewisboro, Mt. Kisco, New Castle, North Castle, Pound Ridge, Somers, and Yorktown). Inclusive of all waters feeding into the reservoir system known as the East of Hudson NYC Drinking Water Supply.

Drainage basin the watershed area that catches precipitation and drains it over or below the earth's surface to a specific water body

Erosion the removal of soil particles by the action of wind, water, ice, or other geological agents

Eutrophic having excessive plant growth, such as algae, which kill animal life by depriving it of oxygen

E.P.A. Phase II Stormwater Rule a federal regulation promulgated under the Clean Water Act to address stormwater pollution

Hydrologic Cycle process by which water is recycled and transported through land, waters and air

Impervious surfaces cannot absorb water. Examples include paved driveways, roads, parking lots, roofs.

M.O.A. the 1997 New York City Watershed Memorandum of Agreement ("MOA") between the city of New York and the Croton Watershed municipalities to address protection of the East of Hudson Drinking Water Supply. The state, EPA, counties and others are signatories.

Non point source pollution any form of pollution that does not come from an easily identifiable point or location

Pathogens disease causing microbes, such as cryptosporidium and giardia, that may be resistant to chlorine

Point source pollution discharged from an easily identifiable point or location

Polluted runoff or stormwater runoff stormwater and melted snow that flows along the land picking up contaminants and delivering them to surface waters

S.E.Q.R.A. State Environmental Quality Review Act applies to discretionary decisions by governments to fund, authorize or approve any "action" that may have a "significant" impact on the environment

S.P.D.E.S. permit State Pollutant Discharge Elimination System permit - a permitting process which any municipality, industry or other entity must go through if they discharge water to surface or groundwaters of the state

Sprawl Development uncontrolled, low density, fragmented, automobile dependent development that rapidly spreads on the fringes of existing communities, often consuming agricultural and environmentally sensitive lands and requiring expensive infrastructure expansion

T.M.D.L. Total Maximum Daily Load. The amount of pollutants that are legally permitted to be discharged into a water body. Standards are currently under evaluation.

Watershed land that water flows across or under to a specific water body. All the land area that contributes water to any water body, e.g., reservoirs, lakes, rivers, groundwater or coastal water bodies.

The Croton Watershed encompasses all or parts of the following: Cortlandt, Yorktown, Somers, Pound Ridge, North Salem, New Castle, Mt. Kisco, Bedford, and Lewisboro. As our communities grow, so does the serious problem of stormwater pollution. Stormwater pollution occurs whenever rain or melted snow washes over pavement, roofs, construction sites, or any other surface where the water can pick up sediment and pollutants. Stormwater often becomes contaminated by oils and metals found on roadways, and pesticides from golf courses and lawns. Due to poor or non-existent stormwater pollution plans and prevention programs, stormwater collects these toxic pollutants and delivers them into our drinking water reservoirs; compromising the health of those who drink the water, and degrading the ecosystem. The United States Environmental Protection Agency and the New York State Department of Environmental Conservation have determined that polluted stormwater runoff is the largest source of water pollution in New York state, and accounts for the majority of the pollution to our reservoirs.

As pollutants stream into our drinking water, costs to residents are mounting. An increasing number of individual homeowners regularly experience mini-floods washing through their yards or homes, or find their well water drying up. Filtration of the East of Hudson Drinking Water Supply, estimated to cost in excess of one billion dollars, is mandated largely because of polluted runoff. A study completed in 2000 by Trout Unlimited, New York Water Watch, and the Croton Watershed Clean Water Coalition identified 50 seriously eroded sites throughout the Croton Watershed; 42 additional sites were identified in a recent follow up study. Sites such as these, from older development and infrastructure, account for the majority of our current pollution problems. Although the NYC Department of Environmental Protection and the NYS Department of Transportation are undertaking remediation of some of these sites, a coherent comprehensive long-term strategy for addressing and preventing stormwater pollution in the Croton Watershed is lacking. To date, Westchester county has spent a small fraction of funds received from New York City under the Memorandum of Agreement (1997), approximately $50 million with interest, for water quality improvements in the Croton watershed.

The New York State League of Women Voters studied the issue of drinking water protection and issued its own position in 1997 that called for stringent controls to protect the quality of current and potential drinking water supplies. The League supports a regional watershed approach requiring regulations that cross municipal boundaries; improving coordination between the various agencies charged to protect our drinking water; and recognition that management of water supplies will entail higher costs and restrictions.

Located completely, or partly, in the Hudson River watershed are: Yonkers, Dobbs Ferry, Hastings-on-Hudson, Greenburgh, Elmsford, Irvington, Tarrytown, Ardsley, Pleasantville, Briarcliff Manor, Ossining, Peekskill, Cortlandt, Croton-on-Hudson, Buchanan and Mount Pleasant.

The problem of PCB contamination of the Lower Hudson River has overshadowed the problem of runoff, resulting in extensive fish consumption advisories, including a prohibition on the commercial harvesting of striped bass. However, according to the Department of Environmental Conservation: "The Hudson and tributary waters in the southern portion of the basin are significantly effected by runoff from urban and extensively developed suburban areas. One third of the rivers and lakes on the basin Priority Waterbodies List [a comprehensive state report illustrating water quality impacts] cite urban runoff as the primary source of impairment. Rapid population growth in the Lower Hudson has also caused many wastewater treatment plants to reach their design capacities sooner than originally expected. This growth is reflected in the frequent listing of occurrence of stream bank erosion, failing and/or inadequate on-site septic systems and municipal discharges as primary sources of water quality impairments. Continuing development and the resulting impact on water quality is likely to remain a concern into the future as well." (The 1999 Lower Hudson River Basin Waterbody inventory and Priority Waterbodies List, June 2000, NYS Department of Environmental Conservation).

Although cooperation between municipalities in the Hudson River watershed of Westchester county has not been formalized in intermunicipal agreements to study and remedy the problem, several initiatives are underway that it is hoped will yield such cooperation in the future. The Saw Mill River Coalition has formed in an attempt to address water quality impacts to the Saw Mill River watershed, (a smaller watershed within the Hudson River watershed), at the community level. The Army Corps of Engineers has planned to study the Saw Mill River and is seeking the involvement and support of the towns along the river. Westchester county is supporting and encouraging this effort. In addition, Westchester county has applied for funding for a watershed evaluation of the Indian Brook and Croton Gorge watersheds, and is working in cooperation with the towns of New Castle, Cortlandt, and Ossining.

EPA reports indicate that almost a quarter of our nation's estuaries are polluted by urban stormwater, and that it is a significant source of toxic, pathogenic and nutrient contamination to the Sound. EPA and the states of Connecticut and New York have also determined that urban stormwater is one of the two most significant sources of pathogen contamination in Long Island Sound. Department of Health engineers consulted by the League have emphasized that stormwater runoff severely stresses our sewer infrastructure (Westchester County. Village of Mamaroneck, Harbor Pollution Study, Walter D. Satterthwait Assoc., Inc. 1987). Despite two dry summers, Harbor Island Beach was closed through the 2000 and 2001 summer season. Persistent high bacteria counts in Mamaroneck Harbor could not be traced to a particular source, suggesting the problem has been caused by runoff. In the Long Island Sound communities of Westchester, sewage pump station overflow from excessive rainfall caused 18 beach closings for a week in the summer of 2000. Five separate beach closings, ranging from a day to a month, were attributable to stormwater in the summer of 2001.

Significant work has been undertaken recently by Westchester county and the Long Island Sound municipalities to fix leaking sewer pipes which can become inundated with stormwater, and remove other types of stormwater flow (illegal hookups) to sewer lines. In addition, in 1999, the Long Island Sound Watershed Council was formed by an intermunicipal agreement to evaluate and coordinate the intermunicipal issues relating to the reduction of non-point source pollution in the Long Island Sound watershed (Mount Vernon, New Rochelle, Rye, Mamaroneck Town, the Town-Villages of Harrison and Scarsdale, the Villages of Larchmont, Mamaroneck, Pelham Manor, Port Chester, and Rye.) The Council has been working on obtaining grants; studying Phase II implementation issues; and investigating an appropriate methodology for establishing a regional stormwater utility district.

Seriously polluted by stormwater runoff, the Bronx River flows through one of the county's largest and most heavily used county parks, the Bronx River Parkway Reservation. The County Executive recently announced an initiative to establish a Watershed Action Committee (WAC7) to enlist and support the communities of the Bronx River watershed in a watershed-wide planning effort.

The Kensico Reservoir, located within the Bronx River watershed, consists of a western "main basin" and an Eastern Rye lake portion. The Kensico was formed by the damming of the Bronx River, but receives most of its water from the Catskill and Delaware system watersheds. It plays a critical role in delivering water to nearly nine million downstate residents. The Kensico watershed, located within the Bronx River watershed, is a small watershed of about 10 square miles. Polluted runoff from this sub-watershed is the single worst threat to the Kensico reservoir's water quality.

The Kensico Watershed Improvement Committee was formed by North Castle town government in response to anticipated expansions of Rte 120 and 22, and I684 in the late 1990's. The Committee recommends and coordinates ways in which the effects of runoff from roadwork and increased development around the reservoir can be mitigated. The committee has issued a report, available through the NYC Department of Environmental Protection.

Governmental Agencies Responsible for Stormwater Management

The United States Environmental Protection Agency (USEPA)
Administers the Clean Water Act and oversees many other agencies. Promulgated Stormwater Phase I and Phase II Rules, which were implemented in 1992 and amended in 1999. Significant source of funding for state environmental programs.

Governor George E. Pataki
Chief Executive responsible for managing state agencies, including the Department of Environmental Conservation.

The New York State Department of Environmental Conservation (NYSDEC) Charged with implementing NY State Environmental Conservation Law. The State DEC regulates water quality of both ground and surface waters in the state of New York.

Attorney General, NYC Watershed Inspector General Responsible for enforcing the MOA agreement, criminal and civil environmental laws. Making management pro-active recommendations to involved governmental entities and proposing regulatory reforms.

The New York State Department of Health (DOH) Administers the Public Health Law and has primary implementation and enforcement responsibility for the Safe Drinking Water Act (SDWA). The SDWA was established to protect drinking water and set standards of purity for water supply waterbodies to protect public health.

The Army Corps of Engineers (ACOE)
Manages Section 404 of the Clean Water Act wetland, stream and waterbody protection programs.

NYS Department of Transportation (NYSDOT) Creates and manages all stormwater devices used along state owned roads. The DOT is also responsible for creating and maintaining some locally owned stormwater devices.

The New York City Department of Environmental Protection (NYCDEP)
Responsible for operating the NYC drinking water supply. The NYCDEP must follow federal and state water quality regulations. Responsible for enforcing NYC watershed regulations and implementing the MOA agreement.

Westchester County has the authority to construct and enforce county wide environmental policy.
The Westchester County Health Department has septic approval and enforcement authority.

Municipalities Responsible for monitoring and managing development on all levels within their borders. Enforcement of own wetland and steep slope regulations.

TOWNS:
Apply management practices where needed on watershed-wide basis to meet pollution permit requirements.

Cast a critical eye on proposed development:
* strictly limit or mitigate impervious surface
* retain natural drainage systems and require buffers around waterways and wetlands
* promote stormwater basin and landscaping techniques; grass ditches rather than curbed drains
* draft and implement planning and zoning restrictions to limit development and protect natural resources
* adopt and enforce erosion control ordinances for construction sites
* discourage planning boards from transferring authority for technical evaluation of stormwater management practices.
* preserve wetlands
* pass steep slope ordinances
* pass stormwater management ordinances requiring adequate infrastructure and treatment

Maintain roads, public areas and storm drains
*remove sediment and repair clogged and damaged drains regularly .Frequent street sweeping.
* promote recycling and establish hazardous household chemical disposal days
* strictly regulate road salts, or use alternatives

Monitor and Enforce
* Greater surveillance and enforcement of natural resource protection and stormwater quantity and quality violations. Aggressively enforce pooper scooper laws.

Require training of
* planning board members in environmental protection practices necessary to evaluate an application relative to town environmental regulations.
* town engineers in state of the art environmental practices.
* town highway departments in proper usage of stormwater management and control practices and winter maintenance techniques/policies/procedures

Provide Public Education
* initiate and support community projects to educate residents as outlined in the E.P.A. Stormwater Phase II Rule.

Apply for resources
Towns can seek funding with other towns with a regional ( intermunicipal) plan.

WESTCHESTER COUNTY
* assist towns in applying for grant monies for intermunicipal stormwater management
* initiate program to spend water quality improvement funds available under the MOA Agreement
* provide support for public education efforts

Federal and State Funding Sources Available to Municipalities (or groups within municipalities)

Water Resources Development Act (U.S. Army Corps of Engineers Program)
NYC Watershed water quality improvement projects
Contact: Francis G. Zagorski, P.E., NYS DEC, 4th Floor, 625 Broadway, Albany New York 12233-3506;
Telephone (518) 402-8168; FAX (518) 402-8082; E-mail fgzagors@gw.dec.state.ny.us

Clean Water/Clean Air Bond Act of 1996.

For general information, Office of the Bond Act (518) 402-9401

NYS Department of Environmental Conservation (DEC), Region 3 Southern Hudson Valley/Catskills,
21 S. Putt Corners Rd., New Paltz, NY 12561-1696 Ellen Stoutenburgh (914) 256-3018

For Specific Projects:

Clean Water Projects - Management Plans
NYS DEC, Richard Draper (518) 402-8251
NYS Department of State (DOS) (518) 473-3373

Clean Water Projects - Dam Safety and Flood Control
NYS DEC, Mike Stankiewicz (518) 402-8127

Environmental Restoration Projects
NYS DEC, Christine Costopoulos (418) 402-9711

Open Space projects
NYS DEC, Francis Sheehan (518) 402-9417
NYS Office of Parks, Recreation and Historic Preservation, Steve Lewis (518) 486-1897

Safe Drinking Water
NYS Environmental Facilities Corporation (EFC), 625 Broadway, Albany, NY 12205-2603, David Morseman (518) 402-7433
NYS Department of Health (DOH), Charles Amento (800) 458-11580

Open Space Conservation
NYS DEC Bureau of Real Property, 625 Broadway, Albany, NY 12233-4256 James Jensen (518) 402-9442

Nonpoint Source Water Pollution Abatement and Control (Non-Agricultural)
Bureau of Watershed Management, Division of Water, NYS DEC, 625 Broadway, Albany, NY 12233-4256 Gerry Chartier (518) 402-8244

Eligible: community water systems, publicly or privately owned, non-community, nonprofit water supply systems; includes school districts. For project qualifying questions: DOH (800) 458-1158 or (518) 402-7650

Highway runoff pollution control is funded in addition to innovative approaches to stormwater and wastewater management. Proposal must be cost shared.
Larry Pakenas (518) 862-1090, x3247 email lip@nyserda.org or Jim Reis, x3251 email jfr@nyserda.org

Eligible: participating or qualified local organizations; state agencies
FEMA Region II, 26 Federal Plaza, Room 1337, New York, NY 10278-0002
(212) 225-7209 http://www.fema.gov

Center for Watershed Protection
8391 Main St.
Ellicott City, MD 21043-4605
Phone: (410) 461-8323
http://www.cwp.org

Rapid Watershed Planning Handbook
(Guide to creating an effective watershed management plan at a low cost - $40 +s/h)
Better Site Design: A Handbook for Changing Development Rules in Your Community - $35 + s/h)

Land Use Law Center
Pace University
78 North Broadway
White Plains, NY 10603
(914) 422-4262
Preserving Natural Resources Through Local Environmental Laws:
A Guidebook for Local Governments, Land Use Law Center, Pace University, 2001

National Stormwater Best Management Practices (BMP) Database (EPA/ASCE, 4/01)
http://www.bmpdatabase.org
Jane Clary or Jonathan Kelly (303) 480-1700 or clary@wrightwater.com to order CD-ROM

Proceedings from the National Conference on Tools for Urban Water Resources Management & Protection (EPA/625/R-00-001 2/2000) available free of charge in paper or CD-ROM; 800-490-9198 http://www.epa.gov/ncepihom

Low Impact Development (LID) Center
Information to individuals and organizations dedicated to protecting water resources through proper site design techniques that replicate pre-existing hydrologic site conditions.
http://www.lowimpactdevelopment.org/

Stormwater News
A good source of technical information on stormwater. Includes a large library of technical papers.
http://www.stormwater-resources.com

Texas Nonpoint Source Book
Information on setting up stormwater utilities
http://www.txnpsbook.org

"Sound Advice: A Long Island Sound Resident's Guide to Reducing Water Pollution at Home"
Westchester County Department of Planning, March 1998.

What is a stormwater utility?
A stormwater utility is a financing mechanism to provide a dedicated source of funds, equitably shared, for stormwater management. A stormwater utility operates similar to water, sewer, or fire districts which are funded through service fees and administered separately from the general tax fund, ensuring stable and adequate funding for these public services. The reliable funding source permits a municipality to engage in long term planning and preventive services, which can lead to savings over the long term.

What services can a stormwater utility provide, in addition to those generally performed by a town public works department?
* detecting illegal connections to storm sewers
* water quality monitoring
* maintenance of stormwater drainage systems
* public education
* erosion and sediment control
* developing stormwater master plans
* flood protection

Who has the authority to create a stormwater utility?
Local governments need authority from the state government to enact ordinances establishing a stormwater utility and allowing the imposition of stormwater fees. In New York State, county law 250.4 authorizes counties to create a district to manage stormwater drainage. As an agency of the county, the district can collect data and develop plans, and may construct extra facilities with permission of the relevant local legislative body, subject to permissive referendum (County 252, 253, 253-a). Towns may establish a drainage district to provide improvements or services or an incorporated village may establish a similar district under 24 of municipal home rule.

How is it administered and financed?
It is administered separately from the general tax fund (generally by the Public Works). The county or municipality can finance the district through ad valorem levy, special assessment or user charges. The town can finance a drainage district by assessing parcels of land benefited by the district.

How can public support be gained?
A public education and involvement program is key to ensuring the utility's success. If people are aware of the necessity and services of the utility, they will be more likely to support it and pay their bills on time.

See also New York State Consolidated Laws: County Law, Article 5-A (County Water, Sewer and Drainage Districts): Environmental Conservation Law, Article 17 (Pollution Control), Title 8 (State Pollution Discharge Elimination System)

Excerpted from "Stormwater Utilities: Improving Water Quality Management" Natural Resources Defense Council, November 1999 ,and "Wastewater Management in Westchester County: The Current System and Future Options", League of Women Voters of Westchester, June 2000.

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Your Home, Your Health, Your Taxes, Your Vote.

What every citizen needs to know about pollution caused by stormwater runoff and what can be done about it.

What every citizen needs to know about
pollution caused by stormwater runoff and
what can be done about it.