Delaware's Inland Bays Protected With Pollution Control Rules

The strategy is designed to reduce the amounts of nitrogen and phosphorus entering the Inland Bays and their tributaries to levels required to meet water quality standards. The strategy is published in the November 2008 Delaware Register of Regulations.

Delaware's Inland Bays are recognized as waters of exceptional recreational and ecological significance.

"This strategy represents the best of what government can do to protect some of the state's most valuable and vulnerable natural resources," said Governor Ruth Ann Minner.

"This is a significant accomplishment and many people within the community - citizens, farmers, business owners, builders, environmental and other group representatives who served on the Tributary Action Team and others - committed to many hours of working together to recommend strategies that resulted in a comprehensive, effective approach to reducing nutrient pollution in the bays for us and future generations," the governor said.

Dock at Delaware's Rehoboth Bay (Photo credit unknown)

The strategy is the result of years of "spirited discussions and debate" with many interest groups, using science as the backbone to meet water quality standards, said Department of Natural Resources and Environmental Control Secretary John Hughes.

"Our goal has always been to protect these environmentally sensitive bays and to bring the water quality in the bays to levels sufficient to protect human health and support aquatic life," said Hughes. "We believe the pollution control strategy we've adopted will achieve that goal for the Inland Bays.

"At the same time, we've taken into account the economic and financial realities of watershed residents by building in flexibility and predictability to make implementation easier for those affected," he said.

"We are all fortunate to witness the long awaited passage of environmental protections and measures that will help us to realize our goal - fishable and swimmable Inland Bays," said Inland Bays Board Chairman Richard Eakle

The strategy includes provisions to establish buffers to filter pollutants before they flow into the Inland Bays and their tributaries. The strategy also includes a map highlighting the primary and secondary waters and the proposed buffer widths. The buffers will only be required for new developments or subdivisions.

Primary waters, including the Inland Bays and tributaries with continual stream flow and state-regulated wetlands, require buffer widths of 100 feet, while secondary waters, including bay tributaries with intermittent streamflow, require 60-foot buffers.

Buffer widths may be reduced to 50 feet on primary waters and 30 feet on secondary waters with enhanced stormwater management and a development-wide nutrient management plan.

The strategy requires pump-out and inspection of septic systems that serve homes and businesses which are sold or transferred to other owners.

In addition, advanced treatment for nitrogen reduction is required for all new and replacement onsite wastewater and disposal systems on properties located within 1,000 feet of tidal waters and wetlands, as mapped in the proposed regulation.

All new and replacement systems would be required to use this technology by 2015.

In 1998 and 2004, DNREC completed total maximum daily loads for nutrients for the Inland Bays. TMDLs establish the maximum amount of individual pollutants that can be discharged to a water body from point or nonpoint sources while maintaining water quality standards.

Nonpoint sources of nutrients include septic systems, runoff from development and agricultural runoff. About 80 percent of the fresh water entering the bays is groundwater, which means that nutrients that flow through the soil also enter the groundwater.

The TMDLs for the Inland Bays established that nonpoint sources of nitrogen and phosphorus need to be reduced by 40 to 85 percent to bring the water quality to the level sufficient to protect human health and support aquatic life.

Copyright Environment News Service (ENS) 2008. All rights reserved.