Watershed rules wield major impacts on development

By Todd McGee
Communications Director

During its May 26 meeting in Raleigh, the Environment Steering Committee heard reports on the recently adopted Jordan Lake and Falls Lake rules, an update on biosolids from an official with the Department of Environment and Natural Resources (DENR), and an update on the electronics recycling laws that are set to go into effect Jan. 1.

Jim Wrenn, who serves as Granville County attorney and also represents several local governments and water districts in the Falls Lake watershed, presented an update on the Environmental Management Commission's proposed Falls Lake rules, which are designed to help clean up the lake and regulate new construction in the watershed. Wrenn said the goals have two stages: Stage 1 is to take some immediate steps to improve the water quality in lower Falls Lake, while Stage 2 includes specific goals to reduce the amount of nitrogen in upper and lower Falls Lake by 40 percent and to reduce the amount of phosphorous by 77 percent from the 2006 baseline.

Wrenn, who represents the South Granville Water and Sewer Authority, told committee members it would take $14 million for SGWASA to upgrade its water treatment plant to meet Stage 1 requirements, and he was not certain the authority would be able to meet Stage 2 requirements. He said the rules would have a major impact on development in areas within and near the watershed.

"We are going to have to look at ways to channel growth," Wrenn said. "You will look at more development moving toward compact areas. It will really affect patterns of development."

Wrenn said the Falls Lake rules are similar to legislation that was passed for Jordan Lake in 2004 and will likely serve as the benchmark for rules that will soon be developed for other watersheds throughout the state. Wrenn noted that several watersheds in the western part of the state are already experiencing water quality issues.

"I think you are going to see similar rules in a lot of places," he said.

Wrenn suggested that local governments in the affected areas need to work together – either through their council of governments or through a new association where watersheds cross COG boundaries – to make sure that testing and modeling are being conducted to get accurate baseline numbers. He said that planning would take on even more importance for local governments.

DENR digs deeper into sludge

Jon Risgaard, a unit supervisor with DENR, presented an update on the applications of biosolids (sludge). He said the state has a stringent program to regulate the use of biosolids, which are a part of the natural cycle of life and have nutrient and soil-enhancing properties making them a practical choice for a variety of beneficial uses. The state program requires each field that receives biosolids to have a certified operator. Each field must also file an annual report that includes data on the kinds of crops being grown and how much sludge is being used on the field as well as send in soil samples for testing.

"A lot of people are asking questions about biosolids," Risgaard said. "There are a lot of unknowns. We are gathering information as quickly as we can and we are making decisions as quickly as we can. There is not a lot of evidence that it is dangerous to humans."

E-recycling, water legislation moving in General Assembly

Elizabeth Biser, DENR's legislative liaison, and NCACC Director of Government Relations Kevin Leonard discussed the new electronics recycling law. According to Leonard, computer manufacturers are balking at the requirements for collecting discarded computer equipment that were included in the solid waste legislation passed by the General Assembly in 2007.

Biser said that a compromise is being worked on that would allow manufacturers to pay an annual fee on a sliding scale between $2,500 and $15,000. The more a manufacturer pays, the less responsibility the manufacturer has to recycle their discarded equipment. The consensus of the committee is that the annual fee is woefully inadequate, and Biser estimated that the fee would generate less than $1 million annually. The fee will be returned to cities and counties that operate electronics recycling programs.

"The goal was to find a simpler, more effective way to do this," Biser said. "The concern is, is it going to be enough money? The comfort is that the General Assembly meets every year. It may not be a perfect system to start with, but a delay isn't good for anybody either."

The committee also received an update from Legislative Counsel Jim Blackburn on the various pieces of legislation that emanated from the Legislative Study Commission on Water and Wastewater Infrastructure. H1743 would give DENR and the Local Government Commission the ability to monitor each water and wastewater system's financial status to ensure that each system is generating sufficient revenues to cover its costs. The bill would grant these state agencies the ability to order a rate increase if their study determined the system's current rate structure was not meeting its needs.

H1744 would develop a standardized ratings procedure for evaluating systems as they compete for various state and federal grants that would include regionalization as a qualifying factor. Among other things, the bill would ensure that if a local match is required to qualify for a grant, that the local match would be provided with local funds and not grant funds from another source.

H1745 charges DENR and the Department of Agriculture to conduct an analysis of agricultural water infrastructure needs to complement the EPA's study of water infrastructure needs.