THE MILWAUKEE POLLUTION CASE - IMPLICATIONS FOR WATER RESOURCES PLANNING1

ABSTRACT: The Illinois v. Milwaukee Federal District Court decision is the most far reaching application yet of the federal common law of nuisance to interstate water pollution conflicts. Although a Federal Appelate Court recently rescinded part of the district court decision, Milwaukee must still upgrade its metropolitan sewage system to a level beyond that required by federal and state regulations. The improvements must be completed with or without federal aid. The case points out the apparent inability of the Clean Water Act, the most comprehensive federal legislation affecting the nation's water quality, to deal with certain interstate water quality conflicts. The Milwaukee decision could set a precedent for similar settlements elsewhere which may in turn affect the U.S. Environmental Protection Agency's water quality clean up program. A more integrated, ecosystem conscious approach to management of shared water resources (e.g., the Great Lakes) would help reduce the need for court decisions like Illinois v. Milwaukee.     

ENVIRONMENTAL IMPACT MITIGATION UNDER THE CLEAN WATER ACT AND THE NATIONAL ENVIRONMENTAL POLICY ACT: THE CASE OF TWO FORKS DAM1

ABSTRACT: The role of environmental mitigation in permitting decisions under Section 404 of the Clean Water Act and the National Environmental Policy Act is examined, addressing the extent to which compensatory mitigation is acceptable. The role of mitigation is examined both generically and specifically: first in the requirements of the Clean Water Act and NEPA, and then in the case study of the proposed Two Forks Dam. In both cases, the paper describes dual purposes of environmental protection legislation and mitigation: to protect the biophysical environment and maintain associated human values. Mitigation is found to be sometimes necessary and acceptable as compensation for unavoidable impacts of project development. However, the Two Forks case exemplifies that compensatory mitigation has also been employed as a mechanism to facilitate project development when practicable alternatives entailing less environmental impact are available. Acceptance of compensatory mitigation in such cases violates both the Guidelines of the Clean Water Act and the intent of that Act and NEPA to protect the biophysical environment and human welfare. A recent memorandum of agreement between the Corps and the EPA clarifies this policy, and suggests that permit applications which rely on compensatory mitigation when impacts are available may be denied.     

INCENTIVE-BASED NONPOINT SOURCE POLLUTION ABATEMENT IN A REAUTHORIZED CLEAN WATER ACT1

ABSTRACT: This paper summarizes key provisions of the Clinton Administration's proposals for change in the Clean Water Act. Two of the important themes for change are tougher controls for non-point source pollution and the use of market-based instruments. A detailed analysis of market-based abatement suggests limited potential for reducing costs. The keys to nonpoint source pollution control are clearer definition of property rights combined with changes in government programs that encourage polluting activities.     

INDUSTRY COMPLIANCE WITH STORM WATER POLLUTION PREVENTION REGULATIONS: THE CASE OF TRANSPORTATION INDUSTRY FACILITIES IN CALIFORNIA AND THE LOS ANGELES REGION1

ABSTRACT: Pollutants in urban storm water runoff, a significant and increasing fraction of pollutants in some waters of the U.S., originate from multiple activities. The industrial sector, one source category, is subject to federal and state-level storm water pollution prevention regulations, primarily General NPDES Permits that rely heavily on facility operators to identify themselves and develop appropriate site-specific pollutant controls. Degree of compliance is not readily determined and enforcement is inhibited because no publicly-available inventories contain data necessary to comprehensively identify facilities required to comply. This research evaluates the first stage of compliance, facility self-identification, concentrating on the motor-vehicle, transportation industry category using data at three scales: statewide, regional, and local or watershed. Data for California statewide and for the Los Angeles region show about 8 percent to 15 percent of motor-vehicle transportation facilities have complied with first-stage requirements. However, facility-specific evaluation in one Los Angeles County watershed suggests less than 50 percent of facilities in the industry conduct industrial activities of the kind covered by regulations; others need not comply. Results show strong variation by industry category. Second-stage compliance, follow-up reporting, is also evaluated for the Los Angeles region. About 17 percent to 34 percent of facilities completing first-stage requirements have also completed second-stage requirements.     

APPLICATION OF THE CONTINUOUS STORMWATER POLLUTION SIMULATION SYSTEM (CSPSS): PHILADELLPHIA CASE STUDY1

ABSTRACT: This paper describes the Continuous Stormwater Pollution Simulation System (CSPSS) as well as a site-specific application of CSPSS to the Philadelphia urban area and its receiving water, the Delaware Estuary. Conceptually, CSPSS simulates the quantity and quality or urban stormwater runoff, combined sewer overflow, municipal and industrial waste water effuent, and upstream flow on a continuous basis for each time step in the simulation period. In addition, receiving water dissolved oxygen, suspended solids, and lead concentrations resulting from these pollutant sources may be simulated. However, only rceiving water dissolved oxygen (DO) response is considered in this paper. The continuous Do receiving water response model was calibrated to existing conditions usinv observed data at Chester, Pennsylvnia, located on the Delaware Estuary approximately 10 miles down stream from the study area. Average annual pollutant loads to the receiving water were estimated for all major sources and receiving water quality improvements resulting from removal of various portions of these pollutant loads were estimated by application of the calibrated stimultion model. It was found that the removal of oxygen-demanding pollutants from combined sewer overflow and urban stormwater runoff would result in relatively minor improvements in the overall dissoved oxygen resources of the Delaware Estuary; whereas. removal of oxygen demanding pollutants from waste water treatment plant effluent would result in greater improvemens. The results of this investigation can be used along with appropriate economic techniques to identify the most cost-effective mix of point and nonpoint source pollution control measures.     

MEASUREMENT OF ENVIRONMENTAL TRADE-OFFS AND PUBLIC POLICY: A CASE STUDY1

ABSTRACT: The search for an adequate methodology to quantify environmental trade-offs led to a simulation technique, the Priority Evaluator Technique (PET). The PET was applied to determine values and trade-off preferences for environmental variables related to a proposed reservoir project. The PET simulates real world situations and allows the respondents to evaluate their preferences within a fixed cost framework. It systematically checks the respondents's perception of the existing conditions and compares the changes sought. From the responses obtained via interviewing, one can establish the extent to which respondents are satisfied with the prevailing conditions, the magnitude and direction of changes sought, the quality trade-offs, and the relative value of different situations. The PET is flexible and can accommodate alternative planning decisions, prices, incomes, and end factors. The promise shown by this application of the PET should encourage further exploration and evaluation.     

WATER QUALITY PROJECTIONS: PREIMPOUNDMENT CASE STUDY1

ABSTRACT: Recent regulations require impact statements for major water development projects, including reservoirs that will be used for water supply, recreation, and pollution control. A water quantity/quality model was developed and used for making water quality projections of a proposed reservoir in Montgomery County, Maryland. The study area is uncommon in that there is an extensive water quality data base. The results indicate that land use changes will have a significant effect on water quality and that the proposed reservoir will improve the quality of the surface waters downstream from the reservoir. A major effect of land use changes is the increase in the variability of water quality.     

POINT‐NONPOINT SOURCE WATER QUALITY TRADING: A CASE STUDY IN THE MINNESOTA RIVER BASIN1

ABSTRACT: Contrary to the general trend of only a few actual trades occurring within point‐nonpoint source water quality trading programs in the United States, two trading projects in the Minnesota River Basin, created under the provisions of National Pollutant Discharge Elimination System (NPDES) permits, have generated five major trades and numerous smaller ones. In this paper, these two projects are described to illustrate their origins, implementation, and results. It was found that several factors contributed to the relatively high number of trades in these projects, including the offsetting nature of the projects (hence a fixed number of credits that the point sources were required to obtain), readily available information on potential nonpoint source trading partners, and an effectively internal trading scheme used by one of the two projects. It was also found that long term structural pollution control measures, such as streambank stabilization, offered substantial cost savings over point source controls. Estimates of transaction costs showed that the total costs of the trading projects were increased by at least 35 percent after transaction costs were taken into account. Evidence also showed that in addition to pollution reduction, these two trading projects brought other benefits to the watershed, such as helping balance environmental protection and regional economic growth.     

REAUTHORIZING THE CLEAN WATER ACT: LOOKING TO TANGIBLE VALUES1

ABSTRACT: The degree of progress achieved under the 1972 Clean Water Act is reviewed by reference to traditional measures of program implementation, and to evidence of tangible, or “real-world” progress, such as beach closures, drinking water contamination, fishing bans and advisories, species health, and habitat degradation. Significant progress has been made in reducing pollution from point sources, but large point source releases of toxic and other pollutants remain. Little progress has been made in addressing runoff pollution, and in protecting aquatic habitats. Clean Water Act reauthorization should focus on pollution prevention to reduce further the release of toxics by point sources, a new program of mandatory but flexible controls on sources of runoff, and watershed protection programs to promote habitat protection and restoration. Economic factors should be considered in Clean Water Act programs, but must be balanced against scientific and governmental factors as well.     

COMPUTER-OPTIMIZED STORMWATER TREATMENT (COST) PROGRAM: PHILADELPHIA CASE STUDY1

ABSTRACT: Two computer models, the Continuous Stormwater Pollution Simulation System (CSPSS) and the Computer Optimized Storm-water Treatment Program (COST), were developed to aid in performing water quality planning. This paper describes COST and its site specific applications to the Philadelphia urban area, using the results from an updated CSPSS receiving water simulation. COST provides a planning and conceptual design tool to identify the economically optimum combination of wet weather and dry weather pollution abatement alternatives. Economic analysis procedures incorporated are based on production theory and marginal cost analysis. This study demonstrates that by transforming BOD removal to reduction in low DO events, using CSPSS results, the benefits associated with pollutant removal can be accounted for explicitly by COST simulations. This is important because a pound of BOD removed from combined sewer overflow may be of more benefit to the receiving water than a pound of BOD removed from urban stormwater runoff. The selection of a pollution control strategy is often a difficult decision which should consider social, political, financial, and regulatory factors. It is suggested that such a selection can be based on evaluating the tradeoffs between total annual costs and receiving water improvements, as determined using the COST and CSPSS programs.     

A CASE STUDY IN THE IMPLEMENTATION OF THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS1

ABSTRACT: A general model of the policy implementation process is utilized to facilitate a discussion of the way Section 208 of PL 92-500 is being carried out on an areawide basis. A study of four “208 areas” in the “New York-Philadelphia corridor” highlights the operation of several variables used in the model. The varying political and socioeconomic conditions in geographic areas which have similar water quality problems are leading to the evolution of vastly different implementing structures, or institutional arrangements. The analysis suggests that these differences may have important implications for the success of the program in each of these areas. A major underlying theme is that such problems are characteristic of the 208 process nationwide and reflect general difficulties associated with managing water quality in a federal system.     

Regulating Industrial Stormwater: State Permits,Municipal Implementation,and a Protocol for Prioritization1

Abstract:  This research evaluated the effectiveness of regulations for stormwater pollutants originating from industrial facilities. Industrial facilities discharging stormwater are subject to General Permits implemented by state and federal agencies, which require facility operators to identify themselves and to implement pollution prevention measures. An overlying system of permits require Municipal Separate Storm Sewer System operators to identify and inspect facilities in their jurisdictions capable of discharging substantial pollutant loads into stormwater conveyances, introducing more active regulation and strategic prioritization, but with unequal implementation in different urban regions. This research evaluated the interaction between the regulations and ways in which the regulations succeed, or fail, at protecting water quality. The research evaluated potential for pollutant discharges at 136 industrial facilities in Pinellas County, Florida, using telephone interviews; off-site facility visits; and on-site facility inspections, targeting four industrial categories: wood products; stone, clay, glass, and concrete products; fabricated metal products; and electronic products. Results documented that a large proportion of facilities subject to General Permits conduct few or no activities likely to produce stormwater pollutants, indicating that the regulations’ equal treatment of all facilities may constitute overregulation. The research developed a methodology to assess facilities using intensity of industrial activities exposed to stormwater, a rational measurement that could regularize municipal agencies’ requirements and prioritize implementation toward facilities with the potential to impact receiving water quality.     

GROUPWISE MODELING STUDY OF BACTERIALLY IMPAIRED WATERSHEDS IN TEXAS: CLUSTERING ANALYSIS1

ABSTRACT: Under the Clean Water Act (CWA) program, the Texas Commission on Environmental Quality (TCEQ) listed 110 stream segments in the year 2000 with pathogenic bacteria impairment. A study was conducted to evaluate the probable sources of pollution and characterize the watersheds associated with these impaired water bodies. The primary aim of the study was to group the water bodies into clusters having similar watershed characteristics and to examine the possibility of studying them as a group by choosing models for total maximum daily load (TMDL) development based on their characteristics. This approach will help to identify possible sources and determine appropriate models and hence reduce the number of required TMDL studies. This in turn will help in reducing the effort required to restore the health of the impaired water bodies in Texas. The main characteristics considered for the classification of water bodies were land use distribution within the watershed, density of stream network, average distance of land of a particular use to the closest stream, household population, density of on‐site sewage facilities (OSSFs), bacterial loading from different types of farm animals and wildlife, and average climatic conditions. The climatic data and observed instream fecal coliform bacteria concentrations were analyzed to evaluate seasonal variability of instream water quality. The grouping of water bodies was carried out using the multivariate statistical techniques of factor analysis/principal component analysis, cluster analysis, and discriminant analysis. The multivariate statistical analysis resulted in six clusters of water bodies. The main factors that differentiated the clusters were found to be bacterial contribution from farm animals and wildlife, density of OSSFs, density of households connected to public sewers, and land use distribution.     

THE NEED FOR A COMPREHENSIVE APPROACH IN THE MANAGEMENT OF ENVIRONMENTAL RESOURCES1

ABSTRACT Environmental resources can be managed properly only by adopting a comprehensive approach. The whole environment must be considered as a single system, and prior to any action, all types of environmental impacts caused by it should be studied in detail. This paper underlines the close relationship between different environmental problems, analyzes existing management patterns, and proposes new alternatives whenever applicable. The different constraints, which have to be considered in the decision-making process while developing a plan, are also discussed. It is concluded that efforts neglecting the interaction among different aspects of the environment do not upgrade the quality of water, air, and land to any appreciable degree.     

A FUZZY SETS MODEL FOR MEASURING THE EFFECTIVENESS OF PUBLIC PARTICIPATION IN WATER RESOURCES PLANNING1

Mathematical modeling of complex water resources System problems, particularly water pollution control, is aided by fizzy set theory. Public participation in large scale federally funded water resources and pollution control projects is now a federal requirement and practice of various planning agencies. However, no systems based model for quantifying and measuring the effectiveness of public participation is known to exist. In this paper, we report a fuzzy set based model developed for doing this in areawide water resources planning The model is essentially cascade in nature and employs the concepts of fuzzy pessimistic and optimistic aggregations to cluster and analyze the evaluations of the basic factors. Sample computations of the model are provided.