Pollution Control Strategies and Tributary Action Teams
A 1997 federal court case required Delaware to set pollution limits for its waterways. These limits are called Total Maximum Daily Loads or TMDLs, a term you will hear a lot in water pollution discussions. In order to meet these new pollution limits, we are identifying ways to reduce water pollution.
The Foundation has added their 2014 assessment of the current status-
The pollution control strategy (often abbreviated PCS) includes a combination of more than one pollution-reducing method and is tailored specifically for each watershed. Methods could include:
(Taken from DNREC website).
The removal of direct point-source discharges from waterways. After the end of 2014 only the Rehoboth Sewer Pipe will remain.
Better management of fertilizer and manure. At the end of 2014 there are existing and underway processes in existence to recyle chicken litter to fertilizer and compost and have the potential to remove hundreds of thousands of tons of nutrient and bacterial contamination annually.
Replacement of failing septic systems with environmentally safer sewer systems. At the end of 2014 there remain 18,000 Septics in the Inland Bays Watershed of which 10-15 % are either; poorly maintained, failing or have failed. The new Waste Water Regulation will address only new construction or replacement systems. Sussex County is aggressively expanding their Public Sewer Program.
Protective agricultural practices such as the planting of vegetative buffer strips between cropland and waterways. In 2014 little has being done to implement these “Voluntary Best Management Practices”.
Expanded levels of treatment of residential storm water through the use of best management practices. 2014- The new Storm Water Regulation is now in effect.
The Foundation believes this is a start but far from sufficient to achieve “clean and swimmable waters” in our Bays and Tributaries. We will soon be addressing our 2016 advocacy, lobbying and litigation priorities and could use your help. Please visit ourmembership pageto see how you can join us.
“What better gift could the Foundation receive than this article about the successful expansion of the Sussex County Public Sewer System.
The Foundation encourages all Public Sewer Providers to use “Spray Irrigation” (County”s Inland Bays Plant) for disposal of sewage effluent over cover crops in winter or crops like soybeans and corn in Summer. The treatment facility eliminates all bacteria and the crops use all the remaining nutrients. We don’t need any more of either in our Bays. Thanks to DNREC for leading the way on this issue and the County for responding positively.”
Sussex sewer expansion ahead of the curve
County engineers plan for future growth – Cape Gazette – By Ron MacArthur | Nov 26, 2014
A large lagoon is being dug out at the county’s Inland Bays treatment facility to expand capacity.
Planning is critical for Sussex County officials who want to stay ahead of the curve for future sewer plant expansions and service. “It’s because sewer projects are complex and take years to plan and complete,” said Mike Izzo, the county’s chief engineer.
To preserve capacity at one of its four wastewater treatment plants, Sussex County officials are embarking on a $14 million project that includes a new state-of-the-art pump station and nearly 9 miles of 24-inch sewer pipe.
The project will provide the infrastructure to divert wastewater from the county’s Wolfe Neck treatment plant near Cape Henlopen State Park to the Inland Bays plant near Long Neck. It will also provide sewer hookups for projects in the area around Cedar Grove Road and Route 24 between Lewes and Rehoboth Beach including the new Cape Henlopen School District elementary school, a proposed Delaware State Police Troop 7 and a proposed RV campground project. Sussex County Council has not yet voted on the RV park project.
Capacity is a concern at the land-locked Wolfe Neck plant, Izzo said.
While even on the busiest summer weekends, the plant does not reach its permitted capacity, land is limited for spraying treated water, and the Wolfe Neck plant has little to no room to expand.
The county could expand the Wolfe Neck plant, Izzo said, “but there is no way to expand spray irrigation.” The county leases the land from the state and sprays on 310 acres near Cape Henlopen State Park, not far from the Junction and Breakwater Trail.
At the Inland Bays facility, on the other hand, the county has purchased 2,000 acres for expansion.
This project to divert wastewater to the Inland Bays plant comes on the heels of another major project to expand the Angola Neck sewer district. The nearly $6 million project includes more than 3 miles of 8-inch gravity sewer pipes and 2.5 miles of force main. The project serves an area along Route 24 from Love Creek to Peddlers Village extending north to include the communities of Love Creek Woods and Fox Hollow.
Construction of central sewer in this area will eliminate more than 250 on-site septic systems.
In addition, current and planned work at the Inland Bays treatment plant will double its capacity to 5.4 million gallons within the next two decades.
A break-even venture
Sewer treatment is big business for Sussex County government, yet the entire venture is designed to break even, Izzo said. The county’s goal since it started providing central sewer in the 1970s has been to eliminate existing, on-site septic systems, particularly in the Inland Bays Watershed. In many cases, the systems were in disrepair and were failing, releasing pollutants into the environment.
The county operates four wastewater treatment facilities: Wolfe Neck between Lewes and Rehoboth Beach; Inland Bays near Long Neck; South Coastal near Bethany Beach; and Piney Neck near Dagsboro.
Three of the four plants use a lagoon system and then spray irrigation to dispose of wastewater while South Coastal has used ocean outfall since 1976. A 6,200-foot, 30-inch pipe pumps treated water out into the Atlantic Ocean. The Town of Selbyville has also tied into the South Coastal system.
During the treatment process, effluent is pumped to a clarifier where solids settle at the bottom. The county has another identical clarifier at the Inland Bays plant ready for future expansion. (Photo by: Ron MacArthur)
High-powered irrigation pumps pull treated wastewater from storage lagoons to the Inland Bays spray irrigation system. (Photo by: Ron MacArthur)
Wastewater operator Randy Paugh conducts analytical testing in the Inland Bays laboratory. (Photo by: Ron MacArthur)
Cape Gazette Gave Us Great Coverage of the Inland Bays Dinner and Governor Markell’s Environmental Advocacy Award
Inland Bays Foundation, league honor effort to restore bays, waterways
By Maddy Lauria | Nov 05, 2014
Gov. Jack Markell, center, recently received an environmental advocacy award from the Inland Bays Foundation, represented by President Ron Wuslich, left, and the League of Women Voters of Sussex County, represented by President Jane Lord.
LEWES — The General Assembly may not be supportive of Gov. Jack Markell’s proposal to raise funds for his Clean Water for Delaware’s Future initiative, but the League of Women Voters of Sussex County and the Inland Bays Foundation recently commended him for his efforts.
The two nonpartisan organizations invited Markell to their Love Our Inland Bays dinner at Irish Eyes Restaurant in Lewes Oct. 16 to present him with an environmental advocacy award for his efforts.
But before receiving the award, the governor had a few words to say about his currently tabled proposal to clean up Delaware’s waterways.
“We should be optimistic about the future, but only if this issue stays at the forefront of the state,” Markell said.
He cited current environmental projects at Mirror Lake in Dover, Pepper Creek wetlands and the redevelopment of brownfields across the state as a handful of examples of how investing in Delaware’s waterways can pay off.
“It took us a long time to get into this current situation, and the work to repair the damage is going to long outlast my administration, which is all the more reason that it is important for us to start now,” Markell said.
Markell introduced the clean water initiative in March 2014, proposing an increase in property taxes to partially fund roughly $800 million worth of wastewater, stormwater and drinking water projects throughout the state. Markell traveled throughout the First State earlier this year to advocate for the Clean Water for Delaware’s Future proposal, citing 377 bodies of water in Delaware that are impaired, leading to advisories that fish are unsafe to eat in more than 30 waterways statewide.
Inland Bays Foundation President Ron Wuslich said he was impressed by the governor’s willingness to admit that Delaware must take action to protect its waters.
“In my 30 years of living here, I haven’t seen someone make that kind of statement,” Wuslich said. “We’re trying to show the support for his effort to clean up Delaware’s water.”
“He was a crusader last year,” said David Small, Department of Natural Resources and Environmental Control secretary.
“We will continue to be very aggressive to try to meet these challenges,” he added.
Lewes resident Henry Glowiak, left, Millsboro resident Dotty Lecates and Bethany Beach resident John Schmidtlein show their support for cleaning up Delaware’s waters at a Love Our Inland Bays dinner Oct. 16. (Photo by: Maddy Lauria)
Peggy Schultz of the League of Women Voters of Delaware and Department of Natural Resources and Environmental Control Secretary David Small chat before listening to Gov. Jack Markell’s presentation about clean water at a recent Love Our Inland Bays dinner at Irish Eyes in Lewes. (Photo by: Maddy Lauria)
Supporters of clean water in Delaware (l-r) RuthAnn Barnes, State Senate District 6 candidate Claire Snyder-Hall, Nancy Cabrera-Santos and Sussex County Council District 4 candidate Shirley Price enjoy a meal at Irish Eyes Oct. 16 before listening to a presentation by Gov. Jack Markell. (Photo by: Maddy Lauria)
Sussex County Councilman George Cole, left, and Frank Piorko, director of DNREC’s Division of Watershed Stewardship, are shown at a Love Our Inland Bays dinner Oct. 16, which recognized Gov. Jack Markell for his efforts to clean up Delaware’s waterways. (Photo by: Maddy Lauria)
Speaker of the House State Rep. Pete Schwartzkopf, D-Rehoboth, left, shares a few thoughts before Gov. Jack Markell takes the podium at the Love Our Inland Bays dinner on Oct. 16. (Photo by: Maddy Lauria)
Gov. Jack Markell shares his passion for cleaning up Delaware’s waterways during a Love Our Inland Bays dinner at Irish Eyes Restaurant in Lewes Oct.16. (Photo by: Maddy Lauria)
November 7, 2014 meeting of Holt’s Landing State Park “Friends” non profit group on a chilly and windy day.
There is good news: the Friends Group is growing in members and money. There is much work to do on the park and the Group discussed many of the upcoming renewal projects including re-vitalizing the Boat ramp and the hiking Trails. A well respected local business person and the Boy Scout Troop will be beginning work soon. The “Friends” Group is modeled after the Cape Henlopen “Friends Group and is supported by the Delaware Seashore Preservation Foundation and the Inland Bays Foundation. If you’d like to learn more, volunteer or donate (non profit) please contact Chuck Schonder firstname.lastname@example.org. Chuck needs your help!
Press Release from the Inland Bays Foundation regarding the May 15 Sea Level Rise Seminar conducted by Ken Kristl, Professor of Law at Widner University
On May 15 the Inland Bays Foundation hosted a Sea Level Rise Seminar in the Bethany Beach Library to a packed conference room. The League of Women Voters attended and provided valuable support for this effort. Over 60 people attended to hear Ken Kristl, Professor of Law at Widner University lead the discussion of the legal implications of Sea Level Rise in Delaware and the subsequent flooding issues. A lively discussion of this timely topic followed. Extensive reference material was provided by Ken for folks at the meeting. You can get more information on this topic at the following link-www.widenerELC.orgor at the Foundation web sitewww.inlandbaysfoundation.orgafter May 26.
The Foundation bases its strategy on achieving clean waters in Delaware’s Inland Bays by first going after low hanging fruit that will achieve clean waters without costing the taxpayer any or very little of their hard earned income. The following dialogue (click on the link below) illustrates a lot of voluntary participation by land owners to achieve this goal:
Restoration Stories Restoration – a word that means different things to different people. For some, it speaks of reconstructing or restoring buildings, archaeological sites, artwork and other valued materials to some semblance of their historic state. When a person becomes ill or injured, we send wishes for restoration of their health, and encourage a pathway of rehabilitation and recovery that will speed the healing along. In any context, restoration implies some sort of effort or giving back – not just letting things recover or renew ontheir own – but taking some kind of action that helps move the process along. In the realm of wetlands, streams and other habitats, restoration implies a similar goal – the act of assisting or intervening in the recovery of an ecosystem that has been degraded, damaged or destroyed to restore it to some measure of its natural condition. In a state like Delaware, where centuries of abuse and misuse have left much of our remaining wetlands impaired, the opportunities for restoration are numerous. The pages to follow showcase real-life examples of everyday Delawareans – farmers, business people and homeowners – who took it upon themselves, in varying circumstances and for different reasons, to restore wetlands on their properties. These are a sampling of their stories. We hope you will ﬁnd in them the inspiration to consider doing likewise.
“The edges where land and water meet charm us all – they please and feed the soul.” ~ Tom Horton
Wetland Public ParticipationGuidebookLearn how you can work to protect wetlands! The guidebook highlights the value of wetlands, Delaware’s wetland health and loss, regulations, and how the public can participate in decisions that affect wetlands especially relating to land use.
Press release from the Inland Bays Foundation announcing the beginning of the Foundation Public Exhibit at the Rehoboth, Delaware Public Library on April16, 2014.
Inland Bays Foundation Vice President Henry Glowiak is shown presenting a Foundation Polo shirt to Jessica Prayer, Assistant Director, Rehoboth, Delaware Library in appreciation for her assistance in setting up the month long Foundation Exhibit in the Library.
Libraries are a place to go to relax and learn. We hope residents and visitors alike will relax with our exhibit and learn more about the degraded condition of our Inland Bays water quality, making them often un-swimmable and unfishable. Delaware’s Inland Bays (Rehoboth, Indian River and Little Assawoman) are shallow, slow draining bodies of water facing ongoing challenges from nutrient pollution and often very high levels of bacteria contamination. Learn more by visiting the Foundation’sweb siteand Face Book pageshttps://www.facebook.com/InlandBaysFoundation.
The Foundation is a private, non- profit organization which is dedicated to cleaning the Inland Bays to make them once again- fishable and swimmable. We meet the second Wednesday of every month at 4 PM in the Bethany Library. The Public is welcome and encouraged to join us in our efforts.
Storm water is one of the leading causes of non- point pollution for Delaware’s Inland Bays.
The new Storm Water Regulations for Delaware are modeled on the Inland Bays Pollution Control Strategy formulated by the Tributary Action Teams many years ago but are still valid. A key part of the plan to prevent Storm Water pollution was the definition and establishment of Best Management Practices (BMPs). The Primer shown below provides you with many links to help educate you- the Inland Bays Stakeholder and provide you a reference as to what you should expect from this critical aspect of cleaning our waters. See below: Note- all were speakers at a recent DNREC Watersheds web cast seminar.
Series 1: The Life of a Stormwater Practice, Session 2: Design & Construction of BMPs WEBCAST RESOURCES
Scott McGill Webcast Resources (Ecotone, Inc)
Arditi, David, Ahmed Elhassan, and Y. Cengiz Toklu. 2002. Constructability Analysis in the Design Firm. Journal of Construction Engineering and Management March/April 2002: 117-126.
Bryan Seipp– Master of Ceremonies and Host – Watershed Manager/Professional Forester – Center for Watershed Protection, Inc. – 8390 Main Street, 2nd Floor – Ellicott City, MD 21043 – Phone: (410) 461-8323 xt 209 – Email:email@example.com://www.cwp.org/
Joe Battiata, P.E. – Senior Water Resources Engineer Center for Watershed Protection, Inc. Mechanicsville, VA – Phone: (804) 789-9595 – Email:firstname.lastname@example.org://www.cwp.org/
Scott G. McGillPrincipal, Geomorphologist Ecotone, Inc. Box 5 Jarrettsville, MD 21084 2120 Highpoint Road Forest Hill, MD 21050 Phone direct: (410) 459-6312 Phone office: (410) 420-2600 Email:email@example.com
Jason R. Vogel, PhD., P.E. Assistant Professor & Stormwater Specialist Riata ‘Green’ Entrepreneurship Faculty Fellow Biosystems and Agricultural Engineering Oklahoma State University 218 Agricultural Hall Stillwater, OK 74078 Phone: (405) 744-7532 Email:firstname.lastname@example.org://lid.okstate.edu/
Appeal Filed Against DNREC-Approved Remediation Plan for Allen Harim Facility
Local groups charge State-determined remedial order violates the statutory, regulatory requirements
Today, the organizations Protecting our Indian River and Inland Bays Foundation filed an appeal with the Delaware Environmental Appeals Board regarding the proposed controversial South Korean-owned Allen Harim poultry processing plant in Millsboro, Delaware. The appeal challenges the December 24, 2013 Order of the Secretary of the Delaware Department of Natural Resources and Environmental Control (No. 2013-WH-0061) which approves a proposed remedial action plan at the site of the town’s former Vlasic pickle plant — a currently contaminated Brownfield’s site.
The appeal was filed by Ken Kristl, Esq. and the Widener Environmental and Natural Resources Law Clinic. The Widener Clinic provides representation and legal assistance to public interest organizations and individuals on environmental matters in Delaware and other Mid-Atlantic states.
“We are seeking to reverse the order,” said Cindy Wilton, a founding member of Protecting our Indian River. “The remediation plan that DNREC proposed misses the mark on so many levels that they simply need to go back to the drawing board and make solid, fair, realistic plans for reviving that site.”
According to the appeal, the remedial plan determined by the Delaware Department of Natural Resources and Environmental Control (DNREC) was flawed in several key elements, including:
The failure to characterize adequately the hazardous substances on or emanating from the site. This includes the failures to sample in areas of known or suspected areas of contamination, consider all data about the site, and determine potential and actual offsite impacts.
The failure to evaluate properly the risks created by the hazardous substances on or emanating from the site. This includes the failure to consider known or suspected risks at the site, develop sufficient data to conduct an adequate risk assessment, have adequate data to support the risk assessment actually conducted, and determine risks from potential and actual offsite impacts.
The failure to impose a remedy that reduces and/or eliminates the impacts and risks of the hazardous substances on or emanating from the site.
Numerous experts submitted testimony at the December 17, 2013 remediation plan hearing concerning the current Brownfield site that is set to be converted into a poultry processing plant for 104 million birds per year.
Expert testimony by Socially Responsible Agricultural Project (SRAP) engineer and factory farm authority Kathy Martin highlighted flaws in the on-site testing, particularly from the waste water treatment plant. SRAP’s Genell Pridgen also provided written comment on arsenic and cobalt findings in the site investigation. Inland Bays Foundation’s science coordinator John Austin, a 33-year veteran of the U.S. Environmental Protection Agency, presented testimony denouncing the DNREC’s proposed monitoring plan as “inadequate.” There was no testing offsite to private wells, which has been reiterated by the community and various experts as inadequate to ensure protection of water wells and public health.
“This was a missed opportunity by DNREC to do things the right way,” said SRAP’s Maria Payan. “Community health and environmental stability were back-burnered in favor of a quick fix that was no fix at all. This process should start again, and this time the citizens of Sussex County need to be respected and protected by its government agencies.”
Sea Level Rise — The Public is Invited to Attend a Seminar Sponsored by the Inland Bays
Foundation on May 15th
Presented by: Kenneth T. Kristl, Esq. — Associate Professor of Law — Director,Environmental and Natural Resources Law Clinic — Widener University School of Law
Professor Kristl from the Widener University School of Law Will Lead a Workshop Designed to Start the Public Conversation Necessary for the State of Delaware to Develop a Comprehensive Strategy at the Local,County and State Level On How We Will Adapt to Sea Level Rise.
Sponsored by — the Inland Bays Foundation
Seminar will be held at South Coastal Library , Bethany Beach May 15 th at 6:30 PM. Please arrive early as seating is limited.
Press release regarding the April 9, 2014 Inland Bays Foundation Board of Directors meeting Re: 2014 Priorities
The Mission Statement of the Inland Bays Foundation clearly states the Foundation’s sole mission is to clean and protect the waters of the Delaware Inland Bays Estuary.
On April 9, the Board of Directors of the Foundation met in Executive Session to define their 2014 priorities and they are:
Define and implement an Advocacy Program that will utilize lobbying techniques and strategies to influence our elected and appointed officials at the local, state and federal levels to accomplish our goal of clean waters in Delaware’s Inland Bays. The Foundation will define and support the key elements of the Governor’s Clean Water Initiative and call for new initiatives required to accomplish our goal.
Continue and expand our Public Information Program to aggressively grow the Foundation in both size and funding to make the Foundation a more effective advocacy and lobbying organization.
The Board expressed a need to continuously monitor and report to the public potential “toxic” situations like the coal ash pile on Burton’s Island located on the banks of the Indian River. If necessary, to take action to protect the citizens and wildlife of the Inland Bays Watershed and encourage effective remediation of said potential “toxic” hazards.
More detailed information about the Inland Bays Foundation can be found at our websitewww.inlandbaysfoundation.orgorFace Book pageor by calling the Foundation Public Information Coordinator at 302-296-7801. Board meetings are held at the Bethany Library on the second Wednesday of every month at 4 PM and the public is invited and welcome.
Comments from the New 2014 President
The Inland Bays (Little Assawoman, Indian River and Rehoboth) are beautiful to look at , but they are unsafe to swim in because they are impaired (polluted). This is not just the opinion of the Inland Bays Foundation, it is the State of Delaware’s periodic assessment of the Inland Bays’ water quality as mandated by the 1972 Federal Clean Water Act.Read more…
Nutrient Pollution – An Ongoing Threat to the Waters of Delaware’s Inland Bays
The Foundation remains concerned about the amount of nutrient pollution entering Delaware’s Inland Bays and contributing to the rapid growth of algae and other nuisance vegetation. This creates conditions that deplete the amount of dissolved oxygen in our waters limiting the growth of healthy vegetation like eel grass which actually provides healthy levels of oxygen through photosynthesis if allowed to flourish. This removes healthy habitat for juvenile fin and shell fish populations in our estuary. It also often contributes to large “fish kills” due to the lack of dissolved oxygen in our tributaries. Along with high levels of nutrient pollution. Along with this pollutions often comes bacterial pollution from Agriculture and Development.
This information is being provided for your education about the issues the Foundation is analyzing for solutions. It is our hope that by analyzing this educational information you will realize the compelling need to take action and help us clean up our Bays: Rehoboth, Indian River and Little Assawoman. You may do so by visiting ourmembership pageand downloading a membership application. Please take the time to do so and forward your application for membership to the mentioned PO Box.
Human health effects:excess nitrate in drinking water (blue baby syndrome); disinfection by-products in drinking water
In a 2011EPAreport, the Science Advisory Board succinctly states: “Excess reactive nitrogen compounds in the environment are associated with many large-scale environmental concerns, including eutrophication of surface waters, toxic algae blooms, hypoxia, acid rain, nitrogen saturation in forests, and global warming.
The following is a very good recap of the current situation with the Pinnacle “Brownsfields” site in Millsboro prepared by Cindy Wilton, head of the Protect Our Indian River non profit group which the Inland Bays Foundation is partnering with on this effort-
Protecting our Indian River –UPDATE–
First, we want to thank the many people that donated to Protecting Our Indian River citizens’ group. We filed an appeal with the Sussex County BOA for approval of the “potentially hazardous use“ special exception for the proposed 2 million bird per week slaughterhouse on the Indian River at the already contaminated Vlassic/Pinnacle plant. Richard Abbott, Esq. is representing us in that Appeal against the Board of Adjustments decision.Here is article referencing appeal…
We are also appealing the DNREC remediation plan, which only calls for monitoring-no remediation of contaminates. They call this a “no action remediation plan. “ We are being represented by Kenneth T. Kristl, Esq. and the Widener Environmental and Natural Resources Law Clinic (Clinic), located at the Widener University School of Law in Wilmington, DE. The Clinic provides representation and legal assistance to public interest organizations and individuals on environmental matters in Delaware.Here is article referencing appeal…
To date we have raised approximately $3,000. These funds are now depleted. The community also paid $800 to sample 13 private wells off-site.. 8 of the 13 wells tested positive for cobalt, one of the contaminates found on Vlassic site. Dr. Lau from the Delaware Department of Health and Human services confirmed cobalt in 6 of 6 samples he tested. This confirmed lab results of citizen testing by John Austin, analyzed by Lancaster Eurofin lab. Testing shows pollution plume is traveling.
This processing plant proposal , if approved, threatens public health, the Indian River, quality of life and property values-and not only to those who live near the proposed plant. Remember, South Korean Allen Harim has stated publicly they want to put 100 poultry confinements (AKA factory farms in a 50 mile radius. That means everyone within a fifty mile radius will now face the same threats.
WE NEED YOUR HELP TO CONTINUE FIGHTING FOR OUR HEALTH, OUR ENVIRONMENT AND PROPERTY VALUE.
If you can, please help with a tax-deductible donation of $20, 50, 100 or whatever you can. Please, make check payable to “SRAProject”, under memo line, please put “Protecting Our Indian River. (donation is tax deductible). Mail to: Cindy Wilton, 27927 Possum Point Road, Millsboro, DE 19966. Oronline here:Please under “include a note”, please put “Protecting Our Indian River”
The state is trying to fast track this project. Even the EPA had to step in as DNREC transferred an EXPIRED permit, and told them that it wasn’t allowed.Read more…
I want to say a big THANK YOU to Socially Responsible Agricultural Project (SRAP) who has helped us organize and provided experts for us ,John Austin who has donated countless hours and the Inland Bays Foundation. We would also like to thank the Delaware Chapter of Sierra Clubs for their testimony and the countless media organizations and blogs who have helped with reporting.