Summary of the Guam Nonpoint Source Pollution Management Plan

[From the U.S. Government Printing Office, www.gpo.gov]

Summary of the Guam Nonpoint Source Pollution Management Pla

Guam Coastal Management Program
Bureau of Planning
Government of Guam
Agana, Guam 96910

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US Departm. ent of Commerce
NOAA Coastal Sez-vficea (Center Library
2234 South Hobson Avenue
Charlestoj4 BC 29405-2413

Nonpoint source pollution is....

pollution from human activities

small scale

mostly unnoticeable by itself

harmful mostly when it accumulates

manageable

capable of ruining our economy

inexpensive to manage

prevented with good housekeeping

easy to understand

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This document was produced by the Guam
Coastal Management Program, Government of 0
Guam, and funded by the Office of Ocean and-
Coastal Resource Management, National 0
Oceanic and Atmospheric Administration %
through NOAA grant award '7- ZO
NA570ZO356.

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Introduction

As a Government of Guam decision maker, you understand the various pressures that can be
placed on the island, its people, and its resources. This document will explain how one of the
major by-products of our rapid growth--an issue with significant consequences to our economy
and way of life--can and is being anticipated, planned for, and managed.

Nonpoint pollutants are very ordinary. Unlike leaking chemical drums, fuel tanks, failed sewage
outfalls, or industrial plant discharges, nonpoint pollutants are the result of every day human
activity. Parking your car, walking your pets, or building an addition to your house can free some
very benign pollutants so they can be transported by storm water into our coastal waters, where
they add up to a major cause of damage to our reefs and marine life. By contaminating the water
in this way, we risk the loss one of our major tourism assets.

Note that the problem of nonpoint pollution has several elements. The pollutants, such as soil,
bacteria, viruses, nutrients, pesticides, chemicals, fuels, and the like, are one part. Another is the
storm water flowing across Guam. Storm water collects and carries these pollutants to Guam's
coast, where these polluted waters mix untreated into coastal waters. The impact of these
pollutants is significant. The soil collected by a single storm results in a thick layer of sediment
covering our reefs, sealing oxygen and sunlight out. This results in the suffocation of coral and
other marine organisms, and reduces the food supply, and indirectly, the fish populations in our
coastal areas.

Perhaps we can put some perspective on the severity of the problem. If each residence on Guam
were to lose two tablespoons of soil, about an ounce in a storm event, then we can expect one ton
of soil to be accumulated on the reefs. If we consider that many sites on Guam contribute much
more than an ounce of soil--in fact, there are sites contributing over 160 tons of soil per year-- we
can see that each year we collectively allow the equivalent of many truck loads of irreplaceable
soil to migrate to the reefs, where it can no longer benefit us, and indeed causes us harm. When
you see a plume of soil entering our coastal waters from a storm drain, you are seeing a
concentrated pollutant.

And soil is not the only problem. Storm water acts to carry chemicals of all types, including
pesticides and fuels, into our waters. These we tend to accept as pollutants with immediate
potential for harm. Storm water is untreated, so a large part of the bacteria and virus content of
our coastal waters comes from these pathogens carried from the land.

Let's review some important points:

- Nonpoint pollutants come from everyday activities.

- Nonpoint pollutants move to our waters through the action of storm water.

Nonpoint pollutants are rarely harmful on individual sites; only when they move to a
common gathering point and concentrate are their impacts obvious.

Nonpoint pollutants can be managed in two ways: control of the contributions, and management
of storm water. Control of fuels, pesticides and fertilizers, maintenance of individual wastewater
treatment systems, and management of construction and marina activities would keep the
pollutants in one place, and preferably entirely out of the environment. Properly planned
development, performance standards for developers, and storm water management activities by
individual land owners take away the "legs" that carry the pollutants to the coast. Erosion control
practices provide both effects. Good erosion control practices cut down pollutants by retaining
soil and extracting pollutants from storm water, as well as slowing flow rates and increasing the
amount of filtered storm water that gets absorbed into the ground.

The Guam Nonpoint Source Pollution Management Plan is a major effort to coordinate and
consolidate the regulatory and legislative management of nonpoint source pollution for Guam.
Existing management practices and measures were located in our current laws, rules, and
regulations. Gaps in coverage were compared to proposed regulations, notably the I Tano'ta Land
Use Plan's performance standards, and recommendations were made for administrative changes
and possible additional rule making. Where possible, realizing potential for coordinated effort was
considered a priority. By harmonizing and consolidating these management requirements, the
public receives a direct benefit in the form of simpler regulatory dealings, and the indirectly
delivered benefits of a healthy environment for themselves, their children, and their children's
children.

Executive Summary

This document describes the Guam Nonpoint Source Pollution Management Plan. This plan
coordinates existing legislation, regulations, and programs to ensure that nonpoint pollution is
managed effectively. Nonpoint pollutants are those pollutants delivered to coastal waters by the
movement of storm water across the island. In moving across the island, storm water will pick up
soil, chemicals, petroleum products, bacteria, and nutrients, which are deposited in coastal,
surface, and ground water. These depositions are harmful because of the damage they cause when
accumulated. Individual contributions of these pollutants appear to be insignificant, but when the
total of the contributions made by individuals in the course of daily living activities is considered,
the impact is significantly negative.

These pollutants pose a recognized risk to the health, economy, and environment of Guam, and
the Guam Nonpoint Source Pollution Management Plan was developed to address these risks
in response to requirements of �6217 of the Coastal Zone Act Reauthorization Amendments
of 1990 (CZARA). In this plan, the Guam Environmental Protection Agency, the lead water
quality agency for the Territory of Guam, and the Guam Coastal Management Program,
Bureau of Planning have evaluated the major categories of nonpoint pollutants and have
recommended practices that are suited to Guam's unique character. These practices will
implement most of the management measures specified in the document Guidance Specifying
Management Measuresfor Sources of Nonpoint Pollution in Coastal Waters. This document,
mandated by �6217(g) of CZARA, defined the problems to be managed and a universe of
practices that supported measures for managing these problems.

The Plan document addresses Guam's NPS problems, and exemptions were requested from
requirements for managing forestry, grazing areas, and erosion from recreational boating
activities.

With most of the management practices it can be seen that the existing body of laws, rules and
regulations provide legally enforceable mechanisms for managing nonpoint pollutants. Some new
laws may be required, but many changes will be minor and simple. Where possible, individual
burdens will be limited to the introduction of good housekeeping practices into existing activities
and permit requirements. In the case of development, performance standards shall be developed
that reflect Guam's commitment to preservation of water quality while not unduly hindering
growth,

The result of implementing this plan will be a more coordinated effort at reducing these pollutants
and preservation of the coastal waters which are the center of Guam's culture and economy.

The Problem of Nonpoint Pollution

Significant coastal degradation issues.

Sedimentation: Significant sediment plumes are seen during every storm event. Sediment
has been cited as a major cause of decreased spawning of corals.

Pathogens: While bacteria counts have been decreasing, there is still evidence of bacterial
contamination, including contamination sufficient to merit the closure of beaches for
recreational purposes.

Pesticides: Research conducted by the University of Guam Marine Laboratory cites the
sensitivity of coral to spawning cues as being impaired by low levels of pesticides in
coastal waters.

Nutrients: Increasing algal activity is serving as an indicator of increased nutrients in the
water.

Generators of Nonpoint Pollutants

Soil: Soil is the most common of the nonpoint pollutants. Losses due to erosion are estimated at
up to 160 tons per acre per year in some areas, and even greater concentrations from some
watersheds in Southern Guam. In an undeveloped area, the soil is normally held in place by native
vegetation, which provides both physical anchorage and protection from rain fall. Where the'
natural protective cover is removed, the soil is subject to the full force of direct rain fall, and the
undamped movement of storm water runoff across the soil. Soil is virtually irreplaceable, and the
clayey soils of Guam tend to be fragile and easily eroded.

The natural protective cover for soil can be damaged or lost through cleaning and grading related
to development. Changes to our current erosion and sediment control regulations to require more
effective control practices will be needed. Equally important is the construction and post
construction control of storm water.

With the expansion of large scale development, the increase in paved land (impervious surface)
significantly alters the concentration, flow and power of storm water runoff, thereby greatly
increasing the effects of soil "stripping" of the land. This effect is easily seen in the brown plumes
washing onto our reefs with each storm. These are the visible impacts of poor development
practices. It is impractical to ignore the disposal of storm water, particularly in highly urban
settings, therefore performance of storm water management by developers is to be addressed in
some of the standards to be implemented or improved under this plan.

Pathogens: Pathogens are disease organisms. Storm water is not treated as it is introduced into
our coastal waters, therefore most of the disease organisms found in these waters originated on
land. Pathogens are introduced into storm water as the animal waste and carcasses, septic and
sewer system leakage, and other contaminated organic waste picked up in the storm water flow.

A common source of animal waste which is controllable results from not cleaning up after pets
eliminate in the yard. Leaking septic systems will fill with storm water and overflow with a mix of
sewage and storm water, which is then carried off. Animal carcasses, soiled diapers, and
improperly disposed food wastes also contribute to the illness-producing bacteria and virus
content of storm water.

Pesticides: Pesticides also get accumulated in storm water, and as they for the most part are
intended to resist some deterioration by water, they often make the journey into coastal waters
intact. While large operations, such as farms and golf courses, would appear to be the largest
contributors to these pollutants, in fact, there are many small users of pesticides, unregulated for
the most part, on construction sites, residential yards, and small businesses. These also are
harmful in their aggregate effect. Existing pesticide management laws do control most legally
applied pesticides in larger operations, but the use, storage, and disposal of smaller quantities of
pesticides contribute to polluted water significantly. Here, the major control factor for this
problem would be increased public education.

Nutrients: Nutrients were perhaps the first nonpoint pollutant to attract the interest of the general
public throughout the nation. The increase in unsightly and malodorous algae, especially when it
coincided with peak rainfall periods, was something that people could comprehend easily.
Nutrients were coming from not only sewage, but also storm-delivered animal waste, fertilizers,
septic system failures, and other decomposing organic materials. Historically, farmers on Guam
have not used much fertilizer, due to the expense, and have instead used animal manure. If applied
in excess, there would be a good quantity of nutrient available for delivery downstream. With
larger operators monitored for nutrient contribution as well, it is apparent that much of the excess
nutrient being contributed to coastal waters is as a result of individual unawareness or
housekeeping problems.

Expected results: In order to effectively deal with nonpoint pollution, the "Education-
Engineering-Enforcement" triangle once again becomes the key to success, and that is what the
Plan strives for.

Public education is necessary for long-term changes to poor habits or problem ignorance. The
causes of nonpoint pollution and solutions are not obvious in many cases. In order to bring about
a cooperative and supportive attitude in the public, education efforts need to highlight the chain of
events that cause nonpoint pollution. An understanding of the hydrologic cycle, which is taught to
the public as a part of water conservation, also applies to nonpoint pollution education.

Engineering, in the form of technical standards for storm water management, site erosion and
sedimentation control, post-construction control of storm water and erosion, and pervious surface
requirements, can be an important tool. In many cases, the costs of a project with proper controls
will be the same or less than an project designed with no regard to environmental impact. Also,
sites with proper and environmentally supportive designs are more attractive to investors,
command prices that yield additional profits for the savvy developer, and are less likely to
generate negative impacts on neighborhood property values.

Enforcement is important to protecting existing development, providing options for future
generations, and maintaining good quality of life in the more densely urban environment to which
Guam is moving. By ensuring that the law is followed in all phases of development, and the public
is aware of the need for compliance, the unpleasant actions related to enforcement are kept to a
minimum. Enforcement needs to be objective, fair, and fully supported by the community, for the
community will suffer if violations are allowed to go unchallenged. With the economic well being
of all of Guam being a primary issue, the social changes in response to urbanization of Guam need
to be supported with fair, enforceable laws that protect the environmental progenitors of Guam's
economic success.

Plan Design and Development

Design strategy and general approach. In general the Plan was developed with the goal of
integrating and unifying existing policies, rules, and regulations and avoiding new bureaucracies.
An effort was made to allow the necessary changes to occur at as low an administrative level as
possible. For example, internal procedural changes were preferred over modifications to rules and
regulations; legislative changes were avoided, where possible, to ensure that the public was not
burdened with additional and overlapping laws.

New and revised agency regulations must be either approved by the Guam Legislature or allowed
by the Legislature to take effect after an opportunity window for action by Legislature is allowed
to close. The Administrative Adjudication Law (5 GCA 9), as amended by Public Law 22-96,
provides that agency rules must, after public hearings, be submitted to the Legislature in the form
of a bill. Adoption of the rules must occur as the result of the approval by statute or, after the bill
is accepted by the Legislature, a period of 45 calendar and 7 legislative days has elapsed with no
action taken by the Legislature.

Note that this procedure is essentially similar to the law-making process, and allows agency rules
to receive more scrutiny than laws if the public hearing process is instituted a second time by the
legislature.

The Plan Development Process and Agency Comment. The document was prepared primarily
by the Guam Coastal Management Program based upon the information provided by the GCMP
networked agencies as participants in an NPS working group. Over a period of two years,
Governinent of Guam agencies including the Department of Agriculture, Department of Public
Works, Public Utility Agency of Guam, Guam Police Department, Port Authority of Guam, met
with the Bureau of Planning and Guam Environmental Protection Agency for the purpose of
information exchange and coordination of effort.

The agencies were also given a period to review the document and provide comments. Timely
comments were received from the Guam Police Department. Comments received late, but in
sufficient time to be absorbed into the document included oral comment by the Guam
Environmental Protection Agency and short written comments from the Public Utility Agency
of Guam.

Public Participation - Plan Development. Enabling the public to participate required early
education efforts. Outreach was performed which included:

9 Frequent radio appearances on talk programs, including joint appearances with US EPA
Region IX NPS specialists.

@ Informational articles in Land, Man, and Sea, the public outreach publication of the
Guam Coastal Management Program.

Inclusion of NPS messages in other Guam Coastal Management Program products.

Q Outreach to several of Guam's larger civil engineering firm, the Soil and Water
Conservation Districts, schools, waste hauling contractors, and the military.

@Participation in two of the six subcommittees tasked with the drafting of the Guam
Farm Bill.

Upon completion of the plan, a thirty day public comment period was opened. This period was
announced with advertisements placed ten days and one day prior to the starting date of June 5,
1995 through July 7, 1995. The document was made available in both print and floppy disk form.
Of the five requests received for the document, all were met.

Only one set of public comments was received, and one other recipient did acknowledge a desire
to comment, but was unable to do so. All five recipients were involved with environmental
consulting or civil engineering.

The USDA Natural Resources Conservation Service provided comments statements of concern
that voluntary approaches were more appropriate and more workable. Other concerns were that
the expertise does not exist within the farm community to allow farmers to develop their own
conservation plans where appropriate.

At present, however, we are bound by the requirements of �6217 to provide enforceable policies
and mechanisms. While the U. S. Environmental Protection Agency and the Office of Ocean
and Coastal Resources Management, NOAA, have stated that voluntary approaches may be
tried and, if found effective, be substituted for enforceable, there have been no modifications to
the basic law that support such a grant of permission.

The final comments from NRCS point to the core of the difficulty in �6217 implementation.
Nonpoint sources are most compellingly a watershed issue. Watershed management is the topic
of one Urban Management Measure. Realistically, it should be the underlying philosophy of the
entire program. Prevention and voluntary coordinated effort, reinforced with flexible, properly
enforced laws, would be the most reasoned and ultimately successful approach to managing
nonpoint pollutants.

Plan Implementation

Applicability. The management practices and measures are applicable throughout Guam.

General Permission for Substitute Practices. The plan document was structured to include the
original wording of the Management Measures as described in the Guidance Specifting
Management Measures. . . , and the management practices that were deemed suitable for Guam.
In some cases, the wording of the Guidance Specifying Management Measures ... was
ambiguous or inappropriate, and was edited. In this document, alternative management practices
that are demonstrably equally effective may be substituted with the permission of the responsible
agency. This permission applies to all of the practices in all categories, although this specific grant
of authority may not appear in the appropriate section of the document.

Coordination Mechanisms. Necessary coordination is conducted through the approved Guam
Coastal Management Program and executive orders establishing specific bodies such as the
Development Review Committee. Memoranda of Understanding may be developed to deal with
specific issues.

Modifications to enforceable. Upon the conditional approval of the plan, efforts will begin to
bring about the planned changes to the enforceable mechanisms.

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