Remedial Action Plan in Ohio

The lower Ashtabula River and Harbor in Ohio is designated an Area of Concern by the International Joint Commission. Through the development of phase one of the remedial action plan (RAP) for this site, removal of contaminated sediments was identified as the crucial element to restoring the beneficial uses of the area.

The RAP Advisory Council has formed a partnership made up of diverse community interests to address the sediment disposal issues and develop a solution. The many members of the Ashtabula River Partnership have prepared and signed a charter outlining the goals of the partnership which seek to "look beyond traditional approaches" to determine solutions and to ensure that the partnership is consensus-based. Milestones and timelines were developed, and bylaws were passed. The partnership is made up of five committees which work toward the common goad of remediating the Ashtabula River and Harbor and restoring the beneficial uses of the area. The committees include a coordinating committee, siting committee, outreach committee, resources committee, and project committee. The partnership is headed by a committee chair who is elected annually by the committee members.


Funding Opportunities for Nonpoint Source Control Programs

As discussed in the nonpoint source pollution component earlier in this chapter, nonpoint source pollution can be costly to control due to its diffuse nature. State are looking for new ways to prevent and control nonpoint pollution and require funding to do so. The Section 319 program was also mentioned earlier as a funding source for control. Other methods used in some states include stormwater utilities, on-site utilities, revolving funds, and special fees and taxes.¹⁸⁴ A report completed by Indiana University, School of Public and Environmental Affairs, reviewed alternative sources of revenue to implement nonpoint source controls in the Grand Calumet River drainage basin. These sources included property taxes and stormwater user charges.¹⁸⁵

The use of stormwater utilities has become increasingly popular since the U.S. Environmental Protection Agency requires that cities and counties with populations of 100,000 or more obtain NPDES permits to discharge stormwater. The enforcement of this regulation has responsible parties searching for ways to finance stormwater programs. The use of utility fees and local permit fees have helped those jurisdictions with stormwater utilities to fund their stormwater programs. An example of a model stormwater utility is the Bellevue Storm and Surface Water Utility near Seattle, Washington. The city of Bellevue passed an ordinance "relating to storm and surface water, establishing a storm and surface water utility, and adopting a plan and system of storm and surface water sewerage." The mission of the utility is "to manage the storm and surface water system in Bellevue, to maintain a hydrologic balance, to prevent property damage, and to protect water quality; for the safety and enjoyment of citizens and the preservation and enhancement of wildlife habitat."¹⁸⁶

Once the Bellevue Storm and Surface Water Utility was formed, it became the authority for construction, condemnation and purchase, acquisition, maintenance, operation and regulation. The utility was authorized to raise funds through service charges and utility revenue bonds. The utility rate charges are approximately 50% of the budget and are based upon acreage and the amount of impervious area. An estimate provides that a typical single family residence is charged $16.44 every two months.¹⁸⁷

Since amendments to the Clean Water Act in 1987, state revolving funds have been made available to states with matching funds to finance upgrades to sewage treatment systems. The authorizing statute also specifies that nonpoint source activities are eligible for state revolving fund loans. More and more states will have the option of using revolving fund sources for nonpoint source control. The State of California makes loans available through the state revolving fund for nonpoint source projects. The fund is administered by the State Water Board. The nonpoint source revolving fund is a separate program from the sewage treatment system revolving fund. Eligible project include construction of demonstration projects, retention/detention basins, wetlands for stormwater treatment, and best management practices to reduce or remove pollutants. Other eligible activities include training, education, technical assistance, ordinance development, or development of management practices.¹⁸⁸

Interest on the loans is tied to half the states general obligation bond rate, as determined by the most recent bond sale; and terms of payments ca be as long as 20 years. Loans can cover all of the project costs and repayments usually begin one year after a project is implemented.¹⁸⁹


Potential Funding Sources for Nonpoint Source Control in Indiana

Several states ar making the State Revolving Fund, mentioned earlier under Funding and Technical Assistance, available for nonpoint source pollution control activities. Currently, the Indiana Department of Environmental Management administers the SRF for wastewater treatment facility construction. The SRF might become a potential source of funding nonpoint source abatement activities in Indiana.

Two basic mechanisms by which municipalities have authority to construct and maintain facilities to manage stormwater include the establishment of a Department of Stormwater Management and the operation of Municipal Sewage Works. A Department of Stormwater Management is outlined in IC 8-1.5-5. The department is to be governed by a Board of Directors appointed by the executive of the municipality. The law authorizes user charges to be collected by the department. Municipalities are authorized to operate Municipal Sewage Works to handle stormwater in IC 36-9-23.

Huntington and Lebanon have formed stormwater management department under the stormwater statute and finance operations with special benefit property tax levies, not user charges. The City of Fort Wayne has developed and imposed stormwater charges that are based on intensity of use.

The Indiana Conservancy Act authorizes the establishment of conservancy districts as a special taxing district to accomplish one or more of nine different purposes. These purposes include (1) flood prevention and control; (2) improving drainage; (3) providing for irrigation; (4) providing water supply, including treatment and distribution, for domestic, industrial, and public use; (5) providing for the collection, treatment, and disposal of sewage and other liquid wastes; (6) developing forests, wildlife areas, parks and recreational facilities if feasible in connection with beneficial water management; (7) preventing the loss of topsoil from injurious water erosion; (8) storage of water for augmentation of stream flow; and (9) operation maintenance, and improvement of: a work of improvement for water based recreational purposes or other work of improvement to support the identified purposes.¹⁹⁰ Several of these purposes could support the establishment of a conservancy district to abate stormwater runoff. An example is the development of stormwater utility. The special taxing and fund raising authorities of conservancy districts could provide a unique and flexible funding mechanism for nonpoint source control in areas designated by the district. The district is authorized to levy a tax on real property within the district.¹⁹¹ The district can also pay expenses from other sources such as gifts, grants from the federal or state government, revenues from the sale of services or property of the district, collection of assessments of land receiving exceptional benefits, or collection of assessments for maintenance and operation of the district's works of improvement.¹⁹² Currently, there are no established districts implementing plans specifically to control stormwater runoff.

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