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

                        United States          Office of Water            EPA 841-R-92-003
                        Environmental          Washington, DC 20460       September 1992
                        Protection Agency





  x-&EPA   STATE AND LOCAL
                        FUNDING OF NONPOINT
                        SOURCE CONTROL PROGRAMS

































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                             ACKNOWLEDGEMENTS


   These case studies were developed with the active assistance of state and local officials who are
   managing nonpoint source abatement programs on a daily basis. Among the principal providers
   of information regarding these programs are:

   MARYLAND CRITICAL AREAS PROGRAM
   Dr. Sarah Taylor, Manager of the Maryland Critical Areas Program: Rubert Friday, Chesapeake
   Bay Foundation
   Steve Bunker, former employee of the Chesapeake Bay Foundation
   William Clarke, Calvert Soil Conservation District

   CITY OF BELLEVUE, WASHINGTON
   Nancy Hanson, Storm and Surface Water Utility

   JEFFERSON COUNTY SUBSTATE REVOLVING FUND, WASHINGTON
   Teresa Barron, Jefferson County Planning and Building Department
   Robert Leach, Jefferson County On-Site Maintenance Utility

   CALIFORNIA STATE REVOLVING FUND
   Bill Campbell, California State Water Resources Control Board

   CHERRY CREEK RESERVOIR PROJECT, COLORADO
   Lou Short, Cherry Creek Basin Water Quality Authority

   IOWA'S GROUNDWATER PROTECTION ACT
   Jim Gulliford, Division of Soil Conservation (DALS)
   Mark Lohafer, Laboratory Division (DALS)
   Ubbo Agena, Environmental Protection Division (DNR)
   Lyle Asell, USDA Soil Conservation Service
   Dr. Jerry Miller; Dr. Reggie Voss; Wendy Wintersteen; Elaine Hall and Kay Connelly of the
         Iowa State University Cooperative Extension Service
   Dan Bruene, Iowa Association of Soil and Water Conservation District Commissioners
   Jim Hosch, Clayton County Cooperative Extension Service
   John Kerkove, Division of Soil Conservation (DALS)

   U.S. ENVIRONMENTAL PROTECTION AGENCY
   Edward Richards, Washington D.C.
   Hank Zygmont, Region III
q- Jovita Pajarillo, Region IX
   Julie Elfving, Region VII
T-, Carroll Russell, Region VIII
3     Elbert Moore, Region X
i     Lynn Schuler, Chesapeake Bay Liaison Office






                        TABLE OF CONTENTS


PREFACE                                                      ..... Page      1

INTRODUCTION ..................................... Page                      2

PART I - ALTERNATIVE APPROACHES TO FUNDING STATE AND
LOCAL NPS PROGRAMS .............................. Page 3-6
        - Traditional Approaches
        * Recent Approaches

PART II - Case Studies and Related Materials
     A. Stormwater and On-Site Utilities .... Page 71-41
        * Bellevue, Washington: A Surface and Stormwater Utility
         ï¿½ Two Additional Examples of Stormwater Utilities
        ï¿½ Three Examples of On-Site Utilities
        ï¿½ Bellevue Ordinance Numbers: 2003; 2429; 3158 B; 3334; 3688;
             and 4309
        ï¿½ Memorandum of Agreement

     B. State and Sub-State Revolving Funds  ............... Page  42-59
        ï¿½ California's State Revolving Fund
        ï¿½ List of Loans from California's SRF
        ï¿½ California Law
        ï¿½ Jefferson County, Washington's Revolving Fund
        ï¿½ Resolution 11-90
        o Memorandum of Agreement

     C. Funding Regional Programs ...................... Page 60-81
        ï¿½ Maryland Critical Areas Program
        - Cherry Creek Basin Water Quality Authority

     D. Use of Special Fees and Taxes to Fund NPS Programs ... Page 82-86
        ï¿½ Iowa's Fee System for Dealers in Pesticides and Fertilizers

APPENDIX ONE- PRIMARY CONTACT PEOPLE ............ Page  87-88

APPENDIX TWO-SUPPLEMENTAL MATERIALS ............ ......

        * Iowa Ground Water Protection Act
        ï¿½ Text of the Act Establishing The Maryland Critical Area Program
        - Cherry Creek Basin Authority: Legislation







                                      PREFACE




 :The technical measures or best management practices which can be- used to abate
nonpoint source (NPS) pollution are improvn     , and :states and: local governments are
:;:eploying them to address a wide iYvariety oI     problems,  Atthe same ime, rOsources
fo: r NI':programs at all:levels remain:elatively staic.:

Because some states and  localities have developed particularly .   effective':ethods afor
:funding NPS programs and have thereby increased the Nations capacityto. utilize :BMPs
'':to     : e'nto::lPN'S  pollution,  EPA has: :sPghtlthe; :c operation  of :several istalte ::and local
;agencies: to iassist in :the  development of case :studies  and:i:related :materialson NPS
f.funding,: These case studies demonstrate a varietyof       .       . effective techniques vhich are
 :iurrntlypbeing used by state and lcalgovecamen:t tofu:ndNPS program. s

Our:hope : is that manager in jurisdictions will look0ly ath:methods descibedn
this: document for techniques which will be usel for their purposs.  ifthe spefic
 techniques identified in this document do not appear suitablc for:your situation, perhaps
 .the case. studies will stimulate new ideas in yourattempts: to :'find new -solutions::; ::




                              DOV WEITMAN, CHIEF
                    NONPOINT SOURCE CONTROL BRANCH
          ASSESSMENT AND WATERSHED PROTECTION DIVISION
















                                                                                    Page 1






                                    INTRODUCTION

The major contribution of nonpoint source (NPS) pollution to the degradation of the quality of:
the Nation's waters has prompted state and local governments to initiate programs to abate NPS
pollution. Often the impetus for these programs has been the desire to protect particularly
valuable waterbodies, such as recreational lakes, sole source aquifers, the Chesapeake Bay and
the Puget Sound.

In part, state and local governments have taken action, because existing Federal programs are not
intended to address the wide range of specific problems caused by NPS pollution. Although
Federal agencies, such as the Department of Agriculture and the Environmental Protection
Agency (EPA),  have limited programs to address some NPS catagories and provide some
funding for state and local programs, these programs are very small in comparison with the
magnitude of the NPS problems across the Nation.

The purpose of this document is to describe particularly effective state and local NPS programs
and the methods used to fund them, so that other jurisdictions will have an understanding of these
approaches, as they develop their own NPS programs. In all but two of these studies, the NPS
programs are funded primarily or exclusively with state and local resources, reflecting the
creativity and initiative which originated in those jurisdictions.

The reader may ask whether the approaches reflected in the case studies are readily transferred
from one jurisdiction to another. In the case of on-site and storm water utilities, the conceptual
approaches are not complex, and the primary difficulties appear to be political - how to convince
citizens and officials that the benefits resulting from these utilities (improved health, recreation,
etc.) are worth the additional costs.

Regarding state revolving funds, which already exist in every state (funded by EPA grants and
the state match), each state decides whether to use its fund for NPS programs, municipal
treatment plants or estuarine projects. Consequently, state environmental officials and legislators
currently have the authority to make the decision to use the very large, existing sums in revolving
loan funds for NPS purposes.

On the other hand, Maryland's Chesapeake Bay Critical Areas Program is quite complex and
would not be easy to transfer to another region in its Dresent form. However, the conceptual
approach is clearly applicable to many waterbodies, and a tailored, simplified version of the
program might be a very attractive alternative to other states with particularly valuable
waterbodies which are threatened by NPS pollution.

Our analysis of the programs discussed in the case studies indicates that the approaches used can
be adopted by others, and that many of the NPS funding techniques outlined in the studies are
particularly effective. Whether or not one is able to use these specific techniques, the variety of
funding mechanisms presented here may stimulate readers to create other approaches and apply
them appropriately in states, counties and cities across the country.

                                                                                        Page 2






Assisting in editing the manuscript were EPA's NPS coordinators from Regions III, VIII, IX and
X.  Our thanks to Hank Zygmont, Julie Elfving, Carroll Russell, Jovita Pajarillo and Elbert
Moore for their help.


This project was funded through EPA Contract Number 68-C9-0013 with Tetra Tech Inc.
Resource Management 3 carried out all field work and prepared the manuscript under subcontract
with Tetra Tech. Ed Richards of EPA's Nonpoint Source Control Branch was the Project
Manager.















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                  ALTERNATIVE APPROACHES TO FUNDING
                       STATE AND LOCAL NPS PROGRAMS


Because the rainwater runoff which creates most nonpoint source (NPS) pollution takes many
forms, solutions to NPS problems must be varied. The problems range from runoff from the vast
acreage of farms and forests across the country to drainage from abandoned mines and to runoff
from city streets.

Only recently have government agencies begun in a more comprehensive way to identify the
types of NPS pollutants, measure the volume of NPS loadings which affect surface and ground
water and design effective watershed projects and regulatory programs to abate NPS pollution.
Only a few states have been implementing NPS watershed projects to reduce loadings and
improve water quality for more than five years.

In 1989 the Congress appropriated the initial funds for the Environmental Protection Agency
(EPA) to award demonstration grants to states to develop and implement statewide NPS
management programs under section 319 of the Clean Water Act. Section 319 specifies that
states shall "to the maximum extent practicable, develop and implement a management program
under this subsection on a watershed-by-watershed basis within such State".

Section 319 grants (totalling$52.5 million in fiscal year 1992) provide sufficient funding to State
agencies for them to hire NPS staff and to carry out several projects each year. This grant
program can be considered an initial step toward a national effort by EPA to assist states to abate
NPS pollution. However, it is clear that much more will be necessary if the nation as a whole
is to succeed in abating NPS pollution.

Prior to the initial appropriation of section 319 funds, other federal agencies, most notably the
Department of Agriculture (USDA), were providing funding and technical assistance to producers,
such as farmers and coal operators, to encourage voluntary reduction of NPS pollution created
by their economic activities.  USDA, for example, provides direct grants (cost sharing) to
individual farmers to pay part of the cost of selected practices used by the farmer to reduce
runoff. Technical assistance to the farmer which facilitates implementation of the practices is
often provided by the USDA Soil Conservation Service (SCS) and local Conservation Districts.
To date, private and governmental actions at all levels have not resulted in significant net
reductions of NPS pollution on a national scale. Indeed, the problem has become the most
important source of degradation of water quality in this country.

In some cases, state and local governments have decided not to rely upon national solutions and
have developed their own, often unique, programs for controlling NPS pollution and equally
unique means to pay for the control programs. An understanding of selected current NPS
programs operated by state and local governments can assist other jurisdictions to develop and
fund effective NPS abatement programs in the future.


                                                                                     Page 3







                                RECENT APPROACHES

One method which local governments are increasingly using to address runoff problems is the
development of utilities specifically designed to abate a particular type of NPS pollution. One
approach, currently used by over one hundred jurisdictions, is the stormwater utility. The
experience of many of these utilities indicates that they are able to effectively manage the
technical aspects of urban runoff, while also solving the problem of obtaining adequate revenues
from reliable funding sources.

The Bellevue, Washington case study describes a utility which has been in operation for 18 years
and has demonstrated its capacity to successfully address flood control, water quality issues and
protection of wildlife. Approximately fifty percent of the utility's annual budget of $ 800,000
is derived from service fees (utility rate charges) with the balance coming from permit fees and
grants. In addition to the Bellevue case study, we have also included two somewhat different
examples of other stormwater utilities.

Use of utilities to address urban runoff is particularly timely, given the November, 1990 EPA
regulation requiring 220 cities and counties with populations of 100,000 and above to obtain
NPDES permits to discharge stormwater. This regulation is causing many jurisdictions to search
for ways to finance stormwater programs.

ON-SITE UTILITIES

Another common type of NPS pollution is caused by failed septic systems. On-site issues and
ways to assure functioning systems are particularly relevant for jurisdictions located adjacent to
confined waterbodies, such as lakes, aquifers and estuaries, because of the tendency of nutrients
from failed septic systems to cause eutrophication in such waterbodies.

Local governments are beginning to use the utility concept to develop institutional approaches
incorporating homeowner responsibility for maintaining septic systems. Funding for soil testing,
inspection and correction of failed systems comes directly from the homeowner or indirectly from
utility rates paid by the homeowner. Local government assures that problems resulting from
failed systems are remedied.

The three examples of on-site utilities presented here provide varied ways in which counties and
towns can structure their approaches to assure functioning septic systems. In Otter Tail County,
Minnesota, homeowners may choose to pay a relatively low fee and then make any repairs called
for by the County's periodic inspections. The other examples feature stronger regulatory
approaches with the counties taking direct action (e.g., suspending the owner's water service) in
the event that the problem is not remedied within a reasonable time.

Although these utilities vary, their purposes are the same - to protect highly valued waterbodies
(an aquifer, a beach and a lake). Their basic methods are also similar. They are using the utility


                                Alternative Approaches to Funding                        Page 4








approach to assure a regular source of funding, so that these counties can make sure that all
homeowners have functioning septic systems which do not pollute neighboring waterbodies.

REVOLVING FUNDS

The existence of large state revolving funds (SRFs), which have been established since the Clean
Water Act Amendments of 1987 by annual capitalization grants from EPA and state matching
funds, provides all states the opportunity to use these funds to finance NPS projects. SRF loans
are particularly suitable for funding structural best management practices (BMPs), such as manure
holding structures and retention basins. Generally, these loans are not suitable for other program
costs, such as salaries and indirect costs.

SRFs were originally established to assist states to upgrade their sewage treatment systems, but
the authorizing statue also specifies that NPS activities are eligible for SRF loans. As the number
of states meeting performance levels for municipal waste treatment increases, additional states
will have the option of using all or part of their SRF resources for NPS abatement.

At present, three states- Washington, California, and Wyoming-are using SRF loans to fund a
wide variety of NPS projects. The California case study explains how one state manages the loan
process (targeting of loans, loan application, repayment, etc.) and indicates the diversity of NPS
projects which can be funded by a SRF. California is providing the largest loans to date, with
Fresno County alone receiving twenty million.

Jefferson County, Washington illustrates another way to use SRF funds for NPS purposes. Here,
the County uses part of the States's SRF monies to operate a sub-state revolving fund which
focuses its loans on two NPS problems: 1) failed septic systems and 2) agricultural runoff. These
two problems have been identifies as contributing pollution to the Puget Sound. The County
provides loans with interest rates as low zero percent to individuals who meet income and water
quality criteria.

Thus far, the NPS funding techniques discussed here have been designed primarily to pay for
specific best management practices or BMPs, such as detention basins or septic systems. Other
states and localities have taken a different approach. They have established goals for improving
water quality in a waterbody and have also found the funding mechanisms to raise the necessary
resources to accomplish these goals.

One impressive example of this type of approach is Maryland's Critical Area Program (CAP).
To reduce NPS loadings, Maryland employs land use management in a 1000 foot strip around
that State's portion of the Chesapeake Bay.  consequently, most of the activities which reduce
or prevent loadings (e.g., spacing of housing development and creation of filter strips ) are paid
for by individuals or corporations.

However, the State and local governments also provide funding for many planning and legal
functions, as well as providing more direct assistance to landowners, for example cost-sharing

                                Alternative Approaches to Funding                         Page 5







of agricultural BMPs. This blending of public and private resources is only one of the many
interesting and environmentally valuable aspects of the Critical Areas- Program.

Similarly, in Colorado the Cherry Creek Basin Water Quality Authority uses the authority of
State a law to obtain revenues to fund both point and nonpoint control of runoff causing
eutrophication in the Cherry Creek reservoir. This case study was selected to help other localities
which ar seeking ways to finance controls for localized NPS problems.

USE OF SPECIAL FEES AND TAXES

The Iowa Ground Water Protection Act represents a good example of a user fee/tax program
established to fund nonpoint source pollution projects and programs. The Iowa law places fees
and taxes on the sale of fertilizers and pesticides, waste disposal and underground storage tanks.
In this type of program, there is a delicate balance between establishing an economic disincentive
which results in water quality benefits and an economic hardship which may be a critical factor
for business survival. In Iowa the fees on the sale of pesticides and fertilizers were balanced
with an extensive technical assistance and education program which actually resulted in
substantial savings to many of the users.

The case studies which follow provide summary information on the funding approaches
introduced above. Where additional information is needed by the reader, he or she may consult
the Appendix for the names and telephone numbers of contact persons of the principal
organization(s) discussed in each study.
























                               Alternative Approaches to Funding                         Page 6










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 ~~St~~~t&&   Sub-State Revolvin~~~~~~~]forin



~~~~iaI  Funding Regional PrograNms:
          Fees and Ta~~~~~~~Xes t7m NP.rorm








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                    CITY OF BELLEVUE, WASHINGTON
          BELLEVUE STORM AND SURFACE WATER UTILITY


  SUMMARY

 :. :Z:i_ ::-The :Bellevue Stm and    face Water lfility  wasf:f  aed nm  :1974 
 response to citizen concerns that: urbanization  wasd egrading the city's streams and
  :qu:tuy of life. Although many cities address surface water managemntaspat 
  oftheipublic works  road maintenance  programs, theCity of Beeve :took a 
  more Mcoprehensive approachtby:o nbg a utity the funtons of  which include
 loRod contS proasctionl yi of aqui wildie haiit     lic ducatio         ntenmce,
mernscay reswpoase,  isefannig,  cpial imsprovements  water qusit ontr l and
    regulation of development a S  ities   Water ait   contro includes menitong, 
     - en eentand  pollutonpnrevention   hroughsuh activities aspublic eduation,
 structued inlet sumps and oil setors and regulations governaing deo 



INTRODUCTION

      The Utility has an annual operations budget of about $800,000, and is a significant
model for funding NPS programs. Analysis of this budget and the utility's funding
mechanisms indicates ways that localities can become financially self-sufficient protectors
of their streams and lakes.

      With a population of approximately 90,000 bordering Seattle, Bellevue is in the
Puget Sound watershed. The city covers 30 square miles and includes over 50 miles of
open streams. In 1974 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."

      Based on this ordinance, the Bellevue Storm and Surface Water Utility was formed
with authority for construction, condemnation and purchase, acquisition, maintenance,
operation and regulation. Responsibilities were transferred from other departments to the
utility and the Director of Public Works was initially designated the ex officio
administrator. The utility was given authority to raise funds through service charges and


                                                                              Page 7







utility revenue bonds.   The population Was concerned with the rapid growth and
development of the 1960's and the. resulting threats to Bellevue's quality of life.

      The city passed a resolution in 1971 to address erosion and sediment control and
a resolution in 1972 to develop policies for a comprehensive storm and surface water
drainage system. After experience with these programs and on advice of the city's
Citizens Advisory Committee for Stream Resources a public utility was proposed to
provide unified management of storm and surface water -including drainage as well as
water quality.

      The first efforts of the utility were focussed on flood control. With a concept of
unified stormwater management the utility was receptive to both on site and regional
stormwater facilities. As part of a master plan an open stream concept was adopted Which
was less expensive than -traditional storm sewer systems and which favored wildlife habitat
and water quality improvements. As the flood control systems were put in place, water
quality became a higher priority issue.

Water quality activities include:

I1.    The installation, inspection and maintenance of inlet sumps for public and private
      drainage systems.

2.    The installation, maintenance and operation of oillwater separators.

3.    The use of decant stations to divert polluted storm water to sewage treatment
      facilities.

4.    Water quality monitoring and complaint response for enforcement action,

5.    Water quality research including two lake restoration projects.

6.    Pollution prevention programs.

7.    Development regulation for erosion and sediment control as wellI as protection of
       floodplain, wetlands and steep slopes.







                           Bellevue Storm and Surface Water Uniity                 Page 8







8.    Public Education including publications, school programs, community outreach,
      special activities and media materials. Some specific activities include:

      - Stream Team Program
      - Classroom Salmon Rearing Project
      - City Hall "Mini Salmon Hatchery"
      - Oil Recycling and Household Hazardous Waste Program
      - Student Intern Program
      - Business Water Quality/Certification Program.

9.    Intergovernmental Coordination

10.   Interdepartmental Coordination

      The Bellevue Storm and Surface Water Utility receives funds through service fees
(utility rate charges), permit fees and grants. The utility rate charges account for about
50% of the budget and are based upon acreage and the amount of impervious area. A
typical single family residence is charged approximately $16.44 every two months.
Having a dedicated revenue base adds stability to the program which is no longer based
on yearly political decisions. As discussed above, the broad interpretation of the utility
mission allows for use of these funds for water quality as well as the traditional public
works activities. A strong public education and outreach effort helps the average citizen
see their connection to and service from the utility.


  COm                 a ENuTARY  Pg 









                        Bellevue Storm an SSurfac e Water Utility               Page 9o







          TWO ADDITIONAL EXAMPLES OF STORM WATER UTILITIES

       Storm water is the term generally used to describe rainwater runoff from urban or suburban
   areas. Much of this runoff is from impervious surfaces, such as roads, which cause flows to
   increase greatly in volume rather than be partially absorbed by fields and other porous surfaces.
*  Pollutants in storm water include sediments, organic material and heavy metals which are
   transported via channels, such as sewers, to streams. Studies indicate that storm water adversely
   affects water quality and can preclude beneficial stream uses, particularly after storm events
*  which dump large quantities of pollutants into streams in a short time period.

      The 1987 amendments to the Clean Water Act authorized a Federal regulatory program to
   abate pollution from storm water. On November 16, 1990, EPA published regulations requiring
   220 cities and counties with populations of 100,000 and above and about 100,000 industrial
   facilities to obtain NPDES permits to discharge stormn water. Complying with these regulatfions
   will prove costly for many of these communities.

       One way to manage and finance solutions to the water quality problems caused by storm
   water is for a local government to initiate a storm water utility. At present, more than 100 of
   these utilities exist in this country, and the number is growing. They serve communities ranging
   in size from 4,300 to 840,000 people and are usually managed by local public works departments.
   Monthly charges per household are generally quite moderate (less than $4.00), but the resulting
   revenue stream is stable and reliable, requiring no subsidy from State or Federal programs.

      The process of starting and operating a storm water utility requires an understanding of
   technical issues (e.g., legal authorities, financial matters including how to establish the rate
   structure and institutional arrangements such as an administrative structure for the utility). For
   jurisdictions considering the development of a utility, it may be helpful to consult other local
   governments which have already solved these problems. Washington State has a number of
   successful storm water utilities, including the ones described below.

                           SNOHOMISH COUNTY, WASHINGTON

       Snohomish County is an urbanizing area north of Seattle bordering on the Puget Sound,
   where initial efforts to establish a storm water utility met with considerable opposition. During
   the mid-eighties, county leaders found themselves in the dilemma of needing planning data to
   support the development of a utility but not having funding to produce a full range of data
   necessary to convince voters, that the utility was necessary and that rates would be reasonable.

          Finally, a solution was found by conducting a small study which documented the need
   to obtain capital to build six detention ponds. Once it was accepted that the ponds were needed,
   it was easier to convince people that a utility was the best way to meet all storm water needs.
   Another way of increasing the political acceptability of the utility was to combine construction
   of the detention ponds with development of a nature trail and other recreational facilities. The
   utility began functioning in 1988.

                                                                                         Page 10








    The utility's total budget in 1989 was approximately $3 million, of which about 50% was
generated through utility rates and the balance through a variety of sources, such as real estate
excise taxes and the county general fund. Utility rates for landowners are determined by a rate
schedule, which features flat rates for residential and agricultural properties and a sliding scale
for commercial tracts based on the size of the property and the percentage of impervious surface.
In 1989 the average monthly household rate was $1.83.

    The experience of this utility provides an example of successful efforts to overcome
community opposition through creative approaches to designing facilities and by sensitivity to
the broad needs of the users of the utility's services.

For additional information, please call:
    William Derry
    Supervisor, Surface Water Management Program
    Snohomish. Public Works
    Everett, WA 98201
    206-259-9464

                               EVERETT, WASHINGTON

    Everett is a city with a population of about 63,000 (area of approximately 50 square miles).
Prior to 1989, the city's sewer utility was responsible for storm water functions, such as:

    - drainage system maintenance
    - construction of regional drainage improvements
    - plan review/permit issuance for new development.

    In part to comply with the requirements of the Puget Sound Water Quality Management Plan
and EPA's storm water regulation and to give higher priority to mitigating NPS effects on water
quality, in 1989 Everett expanded its storm water management program to include three new
functions:

     - capital improvement projects
    - surface water monitoring
    - community involvement.

    In the same year, a separate storm water utility was organized with its own revenues and
rate structure. Total revenues in 1989 were about $1.4 million, of which all but $10,000 came
from rates charged to users. The additional funds came from fees charged to developers.

    Residential landowners were charged $3.40 per month in 1989, while other users were
charged $3.40 per 900 gallons of water used monthly. Exceptions were made for businesses
which used large quantities of water but did not make major contributions to storm water (e.g.,
laundromats).

                         Two Additional Examples of Storm Water Utilities             Page 11







   In additional to the shift to a storm water'utility and the change in the rate structure, there
has been greater emphasis on reduction of nonpoint source pollution. Capital funds were spent
on settling ponds and acquisition of wetlands; water quality monitoring was initiated; and a
program was developed to increase public awareness of NPS pollution and community
cooperation in implementing NPS controls.

   An understanding of the evolution of the program in Everett may be useful to other
communities which want to both improve control of storm water and improve water quality.

For additional information, please contact:
   Dan Mathias, P.E.
   Associate Engineer
   Public Works Department
    3200 Cedar Street
    Everett, WA 98201
    206-259-8800
































                         Two Additional Examples of Storm Water Utilities              Page 12







                        THREE EXAMPLE S OF ON-SITE UTILITIES


            Failed septic systems, which contribute particularly to contamination and eutrophic
     conditions in lakes, aquifers, estuaries and other confined waterbodies, are common throughout
     the United States. Generally, county health departments have some regulatory responsibility for
     septic systems, although in many cases their role is minimal. For example, a common function
     is to conduct soil tests prior to approval of the installation of a new system. 

            Because a significant percentage of septic systems fail after a number of years of use, an
     initial test does not protect the water quality of an adjacent waterbody for the life of the system.
     What is required from an environmental perspective is a septic management system featuring the
     following three functions:

               -  an initial soil test prior to installation of the system

               -  periodic  inspections  to determnine  if the  system  is clogged  or otherwise
                   malfunctioning

               -  an enforcement mechanism to assure that problems identified through inspection
                   are corrected (either by the owner or by an agency of local government).

            Each of these three functions requires the expenditure of public funds, primarily for staff
    costs. Rather than use general appropriations for these expenditures, local governments can
    establish self-funded systems known as on-site utilities.

            These types of utilities generate revenues through fees and service charges, and the
    revenues are used to carry out the essential functions of the on site utility system.

            Outlined below are three examples of successful on-site utilities. Each example is
    different and has one or more features which distinguishes it from the others.

    OKANOGAN COUNTY WASHINGTON

           The utility in Okanogan County was established to monitor and protect water quality in
    a fragile aquifer, primarily by preventing or correcting on-site system failure through inspections
    and maintenance. Seventy-five percent of the initial capital costs were provided by grants from
    Washington State, and the balance through the sale of bonds. Operation and maintenance
    revenues are derived primarily through fees based on rates per unit (a house on a lot counts as
*two units). The annual fee is approximately $50. per unit.

           The homeowner is required to make the repairs that an inspection identifies as necessary
    and, if the repairs are not made within the Dlotted time, the utility will take a lien on the house


                                                                                          Page 13






equal to the amount spent on the repairs. Wa ter monitoring results indicate that the utility has
been successful in its attempt to prevent any deterioration in water quality.

For additional information you may wish to contact:

       Dick Sele, Assistant Director
       Public Works/Engineer (Facilities)
       Box 232, Okanogan, WA 98840
       (509) 422-3350

STINSON BEACH, CALIFORNIA

       The utility in Stinson Be ach is managed by the County Water District'  Formed in
response to the realization that many of its on-site systems were failing, the utility received "start-
up" money from a grant from EPA. 'Me operation and maintenance of the utility is financed by
a combination of permit fees, property taxes and additional small "special" fees (ie. new
connection fees).

       The utility is responsible for: moni toring the surface and ground water for any indications
of pollution; to conduct inspections of all on-site systems every two years; and to provide
necessary maintenance at the homeowner's expense. If the homeowner refuses to pay for the
required maintenance, the utility is able to suspend his/her water service because of its close
working relationship with the Water District. Monitoring has demonstrated improvements in
Water Quality since the last failed system was corrected, and the community has taken pride in
the success of the utility.

For additional information please contact:

       Mark S. Richardson, Wastewater Program Supervisor
       Stinson Beach County Water District
       Box 245, Stinson Beach, CA 94970
        (415) 868-1333

OTTER TAIL COUNTY, MINNESOTA

        The utility in Otter Tail was created to protect the six lakes in the county from
contamination due to on-site system failures and received "start-up" funds from EPA and State
 grants. Operation and maintenance costs are funded by fees paid by the homeowner. All on-site
 systems must pay a basic fee for inspections and administration costs, and beyond this initial
 expenditure the homeowner has the option to pay an additional amount for additional .services.






                                Three Examples of On-Site Utilities                     Page 14







       Those who choose to pay an "active" ra te receive regular inspections and all necessary
maintenance on the system, while those who pay a "passive" rate receive only inspections.
Repairs identified by the inspections are at the owners' expense. Ibis approach is well-received
by homeowners, and the utility appears to have prevented the deterioration of water quality in
the lakes.

For additional information please contact:

       Rollie Mann, District Officer
       Route 2, Box 319
       Battle Lake, MN 56515
       (212) 864-5533





































                               Three Examples of On-Site Utilities                     Page 15




                    2003
                     1-8-74                                                           ORIGINAL


                                      CITY OF BELLEVUE. WASHINGTON

       -                                    ~~~~~~~~~~~ORDINANCE NO. 2003


                               AN ORDINANCE relating to storm and surface
                               water, establishing a storm and surface
                               water utility, and adopting a plan and
                               system of stonn and surface water sewerage.
                               WHEREAS, by Resolution No. 1840 passed August 9, 1971, the
                     City Council of Bellevue adopted an express policy to provide control
a *                  ~~~~~of soil erosion and to retard and abate, wherever possible, siltation
 *                  ~~~~~and sedimentation as the same affect or tend to affect directly or
 *                  ~~~~~indirectly, streams and other bodies of water within the City, and
                               WHEREAS, by Resolution No. 2007 passed August 14, 1972,
                     the City Council of Bellevue adopted the following express policies,
                     among others-

                               a. To incorporate'into all land-use planning and into
                     land-use and development regulations of the City, provisions for
                     adequate storm water and surface water drainage, and for protection
                     of the waters of the City, by development as funds, conditions and
                     opportunities permit, of a storm and surface water drainage system
                     within the City, using streams, lakes, and wetlands as part of such
                     system, with adequate protections provided against pollution of
                     waters by silt and sediment, against erosion of lands and against
                     development of excessive impervious land surfaces without adequate
                     provisions being made for drainage of surface and storm waters; and

                                b. To so control land development and use that streams,
                      lakes, and wetlands within the City and the lands bordering thereon
                     may be used as a means for control and storage of surface waters
                      and ground waters; and

                                WHEREAS, hydrology and engineering consultants retained
                      by the City under contract entered into in May, 1973, the techni-
                      cal staff of the City, and a citizens advisory committee known as
                      the Citizens Advisory Committee for Stream Resources created pur-
                      suant to Resolution No. 1840 have each made one or more presenta-
                      tions or reports to the City Council; and

                                WHEREAS, after review of the various presentations made
                      to the City Council, and after public hearing thereon, the City
                      Council reaffirms its policies as expressed in Resolution Nos.
                      1840 and 2007, and finds specifically that land use and develop-
                      ment affecting storm and surface water should be managed, regulated
                      and controlled under unified management of a storm and surface
                      water public utility to reduce or control erosion, sedimentation,
                      and particulate and other pollution of water. danger and'damage
                      to life and property, and to protect and encourage the use of
                      natural and efficient man-made means to these ends, and
                                WHEREAS, it is the desire of the City to incorporate into
                      the proposed utility all surface water courses the title to which
                      is held by the City; now, therefore

                      THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS
                      FOLLOWS:







                                                                                                Page 16






                        2003
                        2/25/74
                                  Section 1. There is hereby created and established a
                        storm and surface water utility of the City which shall administer
                        the City's storm and surface water public utility. The City elects
                        to exercise all the lawful powers necessary and appropriate to the
                        construction, condemnation and purchase, acquisition, addition to,
                        maintenance, conduct and operation, management, regulation and con-
ek~~~~~~    ~trol of, the storm and surface water public utility described in
                         Section 4 of this ordinance and as the same may hereafter be
                         added to, bettered or extended within or without the present and
                         future limits of the City, including, without limitation, all the
                         lawful powers to fix, alter, regulate and control the rate, charges
                         and conditions for the use thereof.

                                   Section 2. The Director of Public Works shall be
                         ex officio administrator of the City storm~ and surface water public
                         utility-, and shall report directly to the City Manager.

                                   Section 3.
                                       (a)  There is hereby specified and adopted the
                         original system or plan of the storm and surface water public
                         utility described as set forth on the map attached as Exhibit A.
                         hereto and made a part hereof by~this reference, and which shall
                         'include all properties, interest, and physical and intangible
                         rights of every kind or nature owned or held by the City, however
                         acquired, insofar as they relate to or concern storm or surface water
                         sewage, further including without limitation, all such properties,
                         interests and rights acquired by adverse possession or by pre-
                         scription, directly or through another, in-and'to the drainage or
                         storage,.or both, of storm or surface waters, or both, through,
                         under, or over lands, landforms, watercourses, sloughs, streams,
                         ponds, lakes, and swamps, all beginning, in each case or instance,
                         at a point where storm or surface waters first enter the storm or
                         surface water system of the City and ending in each case or instance at
                         a point where such storm or surface waters exit from the storm or
                         surface water system of the City, and in width to the full extent of
                         inundation caused by the largest storm or flood condition.

                                        (b) The City Council expressly finds that the
                         value of the above described original system or plan of storm and
                         surface water public utility Is equal to the value of release from
                         primary responsibility therefor insofar as they relate to or con-
                         cern storm or surface waters. Accordingly, all of the City's above-
                         mentioned facilities and rights, insofar as they relate to or concern
                         .storm or surface waters are hereby transferred to and subject to the
                         administration of the storm and surface water utility created by this
                         ordinance, and each institution and departiient of the City having
                         responsibility therefor is, to the same extent, released from such
                         primary responsibility.

                                   Section 4. Inasmuch as the City now owns all those
                         facilities and rights and the original system gr plan set forth
                         in Section 3(a) of this ordinance, there is no estimated cost
                         thereof.

                                   Section 5. If any portion of this ordinance as now or
                         hereafter amended, or its application to any person or circum-
                         stances, is held Invalid or unconstitutional, such adjudication
                         shall not affect the validity of the ordinance as a whole, or any








                                   Bellevue, Washington ... Ordinance No. 2003                       Page 17




2003
1-8-74


section, provision or part thereof not adjudged to be invalid or
unconstitutional, and its application to other persons or circum-
stances shall not be affected.

          Section 6.  This ordinance shall take effect and be in
force five (5) days after its passage, approval and legal publi-
cation.

          PASSED by the City Council this  Jf  day of    ..-
                 , 1974, and signed in authentTcation of its
passage this  j_   day of             _.                 , 1974.

(SEAL)




                                    I Richard Foreman
                                            Mayor

Approved a to Form



LeyKraft,,Cit'y Attoy4~ey

Attest:


Patricia K. Weber, City Clerk

 Published   'L-.   7-  /9




























                               -3-



          Bellevue, Washington...Ordinance No. 2003                            Page 18






                       CITY OF BELLEVUE, WASHINGTON

                                ORDINANCE NO. 2429


       AN ORDINANCE establishing rate classifications and service charges for the Storm and
Surface Water Utility of the City of Bellevue.

       WHEREAS, by Ordinance No. 2003 the Storm and Surface Water Utility of the City of
Bellevue was established, and the City transferred to said utility the City's storm and surface
water sewerage system; and

       WHEREAS, by Resolution No. 2802 the City Council established a Storm and Surface
Water Advisory Commission to review, advise and make recommendations to the City Council
regarding, among other items, storm and surface water rate structures; and

       WHEREAS, said Commission by its "Report on Utility Rate Structure" dated March 14,
1977, has recommended to the City Council a proposed rate structure; and

       WHEREAS, the City Council has reviewed said report and the utility rate structure therein
recommended, and concurs therewith; and

       WHEREAS, the City Council finds that all real property in the City contributes runoff to
common drainage systems, and all property in the City benefits from the Storm and Surface
Water Utility System of the City of Bellevue, and therefore should participate financially in
payment of the expenses for the maintenance, operation and improvement of said system; and

      WHEREAS, the City Council finds that the intensity of development of real property and
the area thereof are the primary factors in an individual property's contribution of total and peak
flows of storm water runoff to the said utility system; now, therefore,

THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS
FOLLOWS:

Section 1. Definitions.- The following words when used herein shall have the meanings
indicated, unless the context clearly indicates otherwise:

       a. Hydrologic Response - The manner and means by which stormwater collects upon
      real property and is conveyed from real property, and which is a function dependent. upon
       a number of interacting factors, including, but not limited to, topography, vegetation,
       surficial geologic conditions,
      antecedent soil moisture conditions and ground water conditions. The principal measures
      of the hydrologic system may be stated in terms of total runoff volume, as a percentage
      of total precipitation which runs off, or in terms of the peak rate of flow generated in the

                                                                                    Page 19







event of a storm of given duration 'and intensity, or statistical interval of return
(frequency).

b. Total Flow - The accumulative volume of water discharged from a property, basin, or
watershed. The total flow is quantified in measures such as gallons-or cubic feet of
water.

C. Peak Flow - The highest momentary rate of water flow, measured or estimated in
cubic feet of water per second or gallons of water per minute. It is differentiated from
total flow volume by the introduction of a unit of time measure during which the
maximum rate of flow is measured, calculated, or estimated.

d. Contributors of Drainage Waters - Shall include all real properties within the City
from which flows storm or surface waters, or waters supplied by Municipal or private
sources which exit the property as surface flows and/or enter the storm and surface water
utility system of the City of Bellevue.

e. Beneficiaries of Drainage Waters - Shall include all real properties within the City
of Bellevue which benefit by the provision, maintenance, operation and improvement of
the storm and surface water control system by the City of Bellevue, regardless of how
that system may be constituted. Such benefits may include, but are not limited to, the
provision of adequate systems of collection, conveyance, detention, treatment and release
of storm water, the reduction of hazard to property and life resulting from storm water
runoff, improvement in the general health and welfare through reduction of undesirable
storm water conditions, improvements in the water quality in the storm and surface water
system in the water quality in the storm and surface water system and its receiving
waters, and the limitations of potentially harmful land uses and land alteration activities
which might otherwise negatively impact the storm and surface water system.

f. Impervious Surfaces - Those hard surfaced areas which either prevent or retard the
entry of water into the soil mantle, as it entered under conditions pre-existent to
development, and/or cause water to run off the surface in greater quantities or at an
increased rate of flow from that present under natural conditions pre-existent to
development.


Common impervious surfaces include, but are not limited to, rooftops, concrete or asphalt
sidewalks and paving, walkways, patio areas, driveways, parking lots or storage areas and
gravel, oiled, macadam or other surfaces which similarly impact the natural infiltration
or run off patterns which existed prior to development.






                  City of Believue, Washington ... Ordinance No. 2429            Page 20







      Section 2. All real property in the City of Bellevue shall be classified by th Sor  and Surface
      Water Utility according to the square footage of area of the property and the intensity of
      development set forth below:

16   ~~~     a. Undeveloped - Real property which is undeveloped and unaltered by buildings, roads,
             impervious surfaces or other physical improvements which change the hydrology of the
             property from its nature state.

             b. Light Development - Developed real property which -has impervious surfaces of less
             than 20% of the total square footage of the property.

             c. Moderate Development - Developed real property which has impervious surfaces
             between 20% and 40% of the total square footage area of the property.

             d. Heavy Development - Developed real property which has impervious surfaces betvieen
             40% and 70% of the total square footage area of the property.

             e. Very Heavy Development - Developed real property which has impervious surfaces
             of more than 70% of the total square footage of the property.

      Section 3. It is recognized that some properties, due either to their unique topographical,
      vegetative, surficial geologic, soil moisture and/or ground water characteristics, or to the
      construction and maintenance of storm and surface water control or detention facilities thereon,
      have a hydrologic response substantially similar to properties of a lower classification of intensity
      of development.

             The Storm and Surface Water Utility may adjust the intensity of development
      classification of an individual parcel of property to a classification different than would be
      indicated by its percentage of impervious surfaces based on hydrologic data to be submitted by
      the property owner or his agent to the said utility, which demonstrates a hydrologic response
      substantially similar to that, of a property of a different classification set forth in Section 2.

      Section 4. There is hereby levied upon all real property within the City of Bellevue which
      contributes drainage water to or which benefits from the function of the storm and surface water
      utility of the City of Bellevue, and there shall be collected from the owners thereof, monthly
      service charges based on the square footage of the properties and on the appropriate intensity of
      development classification of such properties, as follows:









                               City of Bellevue, Washington ... Ordinance No. 2429            Page 21







       For each additional 2000 square feet of area or increments thereof, and in accordance with
the intensity of development classification of the property, the property shall be charged an
additional amount per month as follows:

                       LIGHT            MODERATE               HEAVY           VERY HEAVY
DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT

      .078                .117                .156                 .234               .312

Section 5. The service charges herein established shall apply to services provided oh and after
June 7, 1977.

Section 6. The authority set forth in Ordinance No. 2274 shall apply to the service charges
herein imposed.

Section 7. If any provisions of this ordinance, or its application to any person or circumstance
is held invalid the remainder of the ordinance or the application of the provision to other persons
or circumstances is not affected.

Section 8. This ordinance shall take effect and be in force five days after its passage and legal
publication.

PASSED by the City Council this 31 day of May ,1977, and signed in authentication of its
passage this 31  day of  May  ,1977.

(SEAL)

                                                  Gary Zimmerman, Mayor Pro Tem
Approved as to form:


 William G. Graves, Assistant City Attorney

Attest:


 Sharon S. Stewart, Deputy City Clerk


Published:   6-4-77






                         City of Bellevue, Washington ... Ordinance No. 2429             Page 22








OTALAI.                        I NTENSITY OF   ' I)EVELO(I'M'N'IT   CLASSIFICATION
SQUJARE FEET                     (       IGT MOIlERATlE           IEAVY        VERY IIEAVY
OF PROPERTIY    DUNDEV      ELOPED  L     I     DEVELOPMEN'T'    .V

0-2000                 $. 12                   $.16            $.23            $ .31
2-4000           .0              .23             .31              .47            .62
                 .2160                                                    01
4-6000           .23             .35             .47              .70            .94
6-8000           .23             .47             .62              94            1.25
8-10,000         3.59                            .78            1.17            1.56
10-12,000        47              .70             .94            1.40            1.87
12-14,000       455              .82            1.09            1.64            2.18
14-16,000       .55.94                          1.25            1.87            2.50
16-18,000       .70             1.05            1.40            2.11            2.81
                 .70
18-20,000        .78            1.17            1.56            2.34            3.12
20-22,000         8             1.29            1.72            2.57            3.43
22-24,000        .8             1.-40           1.88            2.81            3.74
24-26,000        .94            1.52            2.03            3.04            4.06
26-28,000       1.01            1.64            2.19            3.28            4.37
28-30,000       1.17            1.76            2.34            3.51            4.68
30-32,000       1.25            1.87            2.50            3.74            4.99
32-34,000       1.33            1.99            2.66            3.98            5.30
34-36,000       1.40            2.11            2.81            4.21            5.62
36-38,000       1.48            2.23            2.97            4.45            5 93
38-40,000       1.56            2.34            3.12            4.68            6.24
40-42,000       1.64            2.46            3.28            4.91            6.55
42-44,000       1.72            2.57            3.44            5.15            6.86
44-46;000       1.79            2.69            3.59            5.38            7.18
46-48,000       1.87            2.81            3.75            5.62            7.49
48-50,000       1.95            2.96            3.90            5.85            7.80
50-52,000      2.03             3.04            4.06            6.08            8.11
52-54,000       2.11            3.16            4.21            6.32            8.42
54-56,000       2.18            3.28            4.37            6.55            8.74
56-58,000      2.26             3.39            4.53            6.79            9.05
58-60,000      2.34             3.51            4.68            7.02            9.36
60-62,000       2.42            3.63            4.84            7.25            9.67
62-64,000       2.50            3.74            5.00            7.49            9.98
64-66,000       2.57            3.86            5.15            7.72           10.30
66-68,000       2.65            3.98            5.31            7.96           10.61
68-70,000       2.73            4.10            5.46            8.19           10.92
70-72,000       2.81            4.21            5.62            8.42           11.23
72-74,000      2.89             4.33            5.78            8.66           11.54
74-76,000      2.96             4.45            5.93            8.99           11.86
76-78,000       3.04            4.56            6.09            9.13           12.17
78-80,000       3.12            4.68            6.24            9.36           12.48
80-82,000       3.20            4.80            6.40            9.59           12.79
82-84,000       3.28            4.91            6.56            9.83           13.10
84-86,000       3.35            5.03            6.71           10.06           13.42
86-88,000       A       43      5.15            6.87           10.30           13.73
88-90,000      3.51             5.27            7.02           10.53           14.04
90-92,000       3.59            5.38            7.18           10.76           14.35
92-94,000       3.67            5.50            7.34           11.00           14.66
94-96,000      3.74             5.62            7.49           11.23           14.98
96-98,000       3.82            5.73            7.65           11.47           15.29
98-100,000      3.90            5.85            7.80           11.70           15.60






                        CITY OF BELLVUE, WASHINGTON

                               ORDINANCE NO. 3158B

       AN ORDINANCE separating the Storm and Surface Water Utility from the Department
of Public Works and Utilities and establishing the powers of said departments, amending B.C.C.
Ch. 3.39, B.C.C. 3.40.020, B.C.C. 23.76.020 and Ord. 2003 Section 2 (1974), Ord. 2544 Section
1 (1978), Ord. 2963 Section 1, (1981), and Ord. 2799 Section 2 (part) (1979) and adding a new
section to B.C.C. Ch. 3.40. WHEREAS, the City Council requested that the City Manager
evaluate the organization of the Public Works and Utilities Department and thereafter the City
Manager appointed a committee to assist her in the evaluation of options for the reorganization
of the Public Works and Utilities Department and the City Manager has considered the report of
said committee; and,

       WHEREAS, the City Manager submitted three possible methods of reorganization; and

       WHEREAS, the City Council reaffirms its policies as expressed in Resolutions 1840 and
2007, and finds that land use and development affecting storm and surface water should be
managed, regulated and controlled under unified management of a storm and surface water
quality to reduce or control erosion, sedimentation, and particulate and other pollution of water,
danger and damage to life and property and to protect and encourage the use of natural and
efficient man made means to these ends; and

       WHEREAS, by Ordinance 2003, the City Council of the City created and established a
Storm and Surface Water Utility to administer, own and operate the City's storm and surface
water public utilities and specified and adopted the original system or plan of the storm and
surface water public utility, and provided for the management of said utility by the Director of
Public Works, ex officio; and

       WHEREAS, on November 2, 1976, the majority of the electorate voted on an advisory
ballot in favor of the issue proposed to them which read:

       Shall all property owners, including undeveloped and tax exempt properties, pay monthly
service charges, such monthly rates to relate to the area and state of development of the property,
to finance the operation and maintenance of the Bellevue storm and surface water system? The
City of Bellevue will establish a citizen's commission, appointed by the Mayor and confirmed
by the Council, to advise the City Council regarding rate structure, financial and long-term
planning programs for the City's storm and surface water system. Capital improvements, funded
by revenue bonds and financed by service charges, shall be subject to voter approval; and

       WHEREAS, on September 12, 1977, the City Manager determined and the City Council
concurred that Public Works and Utilities be combined into a single department, and guch
combined department was created by Resolution 2950 and Ordinance 2544; and


                                                                                     Page 24







       WHEREAS, the City Council believes that the Storm and Surface Water Utility needs
greater independence and visibility to provide for absolute credibility and accountability, and that
this can best be established by establishing the Storm and Surface Water Utility as a separate
department operating as a component of the Waterworks Utility; and

       WHEREAS, certain codes, heretofore administered by the Public Works and Utilities
Department will be administered by the Storm and Surface Water Utility; now, therefore

THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS
FOLLOWS:

       'Section 1: Ordinance 2544 Section 1, Ordinance 2963 Section 1, and B.C.C. 3.39.010,
and B.C.C. 3.39.030 are hereby amended to read:

       3.39.010 Department established - Functions.

       The Department of Public Works and Utilities shall perform all functions heretofore
performed by said department except the functions of the Storm and Surface Water Utility shall
constitute a separate department, operating as a component of the Waterworks Utility as of the
effective date of this ordinance. These functions shall include, but not be limited to, the
administration, supervision, construction, maintenance and operation of the city's system of
streets and other public ways and the water and sanitary sewer systems of the Waterworks Utility.

       3.39.030

       The Director of Public Works and Utilities is authorized to formulate written development
standards applicable to the administration, supervision, construction, maintenance and operation
of the city's system of streets and other public ways, the water and sanitary sewer systems of the
waterworks utility, and the implementation of ordinances administered by the Department of
Public Works and Utilities or its director regulating public and private development and work.
Said standards shall be effective and shall be enforced by the Department of Public Works and
Utilities upon their approval by resolution of the city council. Said standards shall be applied
consistently with the provisions of state law and city ordinance.

       Section 2. Ordinance 2003 Section 2, and B.C.C. 3.40.010 are hereby amended to read-

       3.40.010 Established - City Powers - Separate Department.

       There is created and established a Storm and Surface Water Utility of the city which shall
be a separate department operating as a component of the Waterworks Utility and which shall
administer the city's storm and surface water public utility. The city elects to exercise all the
lawful powers necessary and appropriate to the construction, condemnation and purchase,
acquisition, addition to, maintenance, conduct and operation, management, regulation and control
of the storm and surface water public utility described in Section 4 of Ordinance 2003 and eas the

                        City of Bellevue, Washington ... Ordinance No. 3158B           Page 25,







same may hereafter be added to, bettered or extended within or without the present and future
limits of the city, including, without limitation, all the lawful powers to fix, alter, regulate and
control the rate, charges and conditions for the use thereof.

       Section 3. Ordinance 2003 Section 2, and B.C.C. 3.40.020 are hereby amended to read:

       3.40.020 Director - Appointment - Responsibilities.

       The City Manager shall appoint the Director of the Storm and Surface Water Utility who
shall report directly to the City Manager. The Director shall be appointed for an indefinite term
and may be removed at any time pursuant to the provisions of R.C.W. 35A.13. 100. The Director
shall direct the operations of the utility including but not limited to the administration, planning,
design, construction, operation, maintenance and regulation of the storm drainage system.

       Section 4: A new section shall be added to B.C.C. Ch. 3.40:

       3.40.040 Development Standards.

       The Director of the Storm and Surface Water Utility is authorized to formulate written
development standards applicable to the administration, supervision, construction, maintenance
and operation of the storm and surface water utility of the city and the implementation of
ordinances administered by the Storm and Surface Water Utility regulating public and private
development and work. Said standards shall be effective and shall be enforced by the Storm and
Surface Water Utility upon their approval by resolution of the city council. Said standards shall
be applied consistently with the provisions of state law and city ordinance.

       Section 5: Ordinance 2799, Section 2 and B.C.C. 23.76.020 are hereby amended to read:

       23.76.020 Permit authority.

       The Director of the Storm and Surface Water Utility or his/her designee, hereinafter
termed the permit authority, is the designated agent for the issuance of clearing and grading
permits. The permit authority shall have the authority to set administrative procedures to carry
out the purposes and intent of the Clearing and Grading Code. Such administrative procedures
shall be developed in consultation with the technical committee and shall be made available to
the public for comment at least seventeen days before adoption.

       Section 6: The separation of the Storm and Surface Water Utility into an independent
department shall be reviewed by the City Council after one year of operation.

       Section 7: This ordinance shall have no effect on the combination of the Storm and
Surface Water Utility with the Waterworks Utility of the City of Bellevue under OrdinanceNo.
2845. In the event of any conflict between this ordinance and Ordinance No. 2845, said
Ordinance No. 2845 shall control.

                         City of Bellevue, Washington...Ordinance No. 3158B             Page 26







       Section 8: This ordinance shall be published by posting it in the three official posting
places of the city, and shall take effect and be in force January 1, 1983.



       PASSED by the City Council this 27th day of September, 1982, and signed in
authentication of its passage this 27th day of September, 1982.

(SEAL)



                                   Roy A. Ferguson, Mayor

Approved as to form:



Linda M. Youngs, City Attorney


Attest:




Marie K. O'Connell, CMC
Acting City Clerk

Published October 2. 1982

















                        City of Bellevue, Washington...Ordinance No. 3158B             Page 27







                      CITY OF BELLEVUE, WASHINGTON

                              ORDINANCE NO. 3334

      AN ORDINANCE granting to certain senior citizens relief from the City's Utility
Occupation tax and from Water, Sewer and Storm
and Surface Water Utility service charges; specifying the qualifications and requirements for
persons to be entitled to such relief; empowering the Department of Finance to make rules and
regulations to implement such relief; adding a new Section 4.10.185 to the Bellevue City Code;
amending Sections 1 and 2 of Ordinance No. 2147 and Bellevue City Code Sections 4.10.190
and 4.10.200, as last amended by Sections 1 and 2 of Ordinance No. 2787; amending Section 3
or Ordinance No. 2147 and Bellevue City Code Section 4.10.210; amending Section 4 of
Ordinance No. 2787 and Bellevue'City Code Section 4.10.220; amending Sections 1 and 2 of
Ordinance No. 2880; and amending Section 3 of Ordinance No. 2819.

       WHEREAS, because of increased costs of living there is a continuing need to relieve
certain senior citizens residing in the City of Bellevue from the effects of the City's Utility
Occupation tax and from Water, Sewer and Storm Water Utility service charges; and

       WHEREAS, by Chapter 116, Laws of 1979, the City has been expressly authorized to
provide utility services at reduced rates to low income senior citizens; and

       WHEREAS, the City Council of the City of Bellevue desires to assist senior citizens who
receive fixed limited incomes, and who therefore suffer severely from increased costs of living;
now, therefore

THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS
FOLLOWS:

       Section 1. There is hereby added to the Bellevue City Code a new Section 4.10.185 to
read as follows:

       4.10.185  Senior citizens - Definitions.

       As used in this chapter, the following terms shall have the following meanings:

       A.     "Benefit year" shall mean the twelve month period ending on December 31st of
              any year during which a senior citizen has paid service charge billings to an
              organization described in Section 4.10.190;

       B.     "Qualifying year" shall mean the twelve month period ending on December 31st
              of the year immediately preceding the benefit year.



                                                                                   Page 28







       C.     "Senior citizen" shall mean a person described by subsection A  of Section
              4.10.200.

       Section 2. Section I of Ordinance No. 2147 as last amended by Section I of Ordinance
No. 2787 and Bellevue City, Code Section 4.10.190 are each hereby amended to read as follows:

       4.10.190 Senior Citizen - Tax relief.

       There is granted to senior citizens who meet the qualifications and requirements of
Section 4.10.200 and 4.10.210, relief from-the utility occupation tax of the City as follows:

       A.     For all billings paid by the senior citizen during a benefit year for service charges
              to any organization which paid the utility occupation tax of the City, the City shall
              reimburse said senior citizen for the utility tax which applied to said billings or,
              in lieu thereof, at the election of the senior citizen, a minimum amount determined
              in accordance with subsection B of this Section.

       B.     The minimum relief under this chapter for a benefit year is established to be forty-
              three dollars, adjusted for benefit year 1984 and each subsequent benefit year in
              accordance with Section 4.10.220, prorated for each month of residency in the
              city.

       Section 3. Section 2 of Ordinance No. 2147 as last amended by Section 2 of Ordinance
No. 2787 and Bellevue City Code Section 4.10.200 are each hereby amended to read as follows:

       4.10.200 Senior citizen - Qualifications.

       TO qualify for the relief set forth in Section 4.10.190, a senior citizen shall:

       A.     Be sixty-two years of age or older on the first day of the benefit year;

       B.     Have an income during the qualifying year, from all sources whatsoever, not
              exceeding eight thousand eight hundred dollars if a single person, or, a combined
              income of husband and wife, from all sources whatsoever, not exceeding eleven
              thousand seven hundred dollars if a married person, adjusted for qualifying year
              1984 and each subsequent qualifying year in accordance with Section 4.10.220;
              and

       C.     Have been a resident of the City of Bellevue during all or a portion of the benefit
              year.





                         City of Bellevue, Washington .. Ordinance No. 3334            Page 29







       Section 4.    Section 3 of Ordinance No. 2147 and Bellevue    City  Code   Section
4.10.210 are each hereby amended to read as        follows:

       4.10.210 Senior citizen - Requirements.

       A.     All claims for relief under Section 4.10.190 and 4.10.200 must be made annually
              and filed with the Department of Finance of the City of Bellevue during the first
              sixty days of the year following the benefit year.

       B.     All billings for which claim is made under Section 4.10.190 and 4.10.200 must
              be submitted to the Department of Finance as part of the claim for relief.

       C.     All claims for relief shall be submitted to the Department of Finance in writing
              on a form provided by said department and certified by the claimant.

       D.     The Department of Finance shall publish rules and regulations to implement this
              section and Sections 4.10.185, 4.10.190, 4.10.200, and 4.10.220.

       Section 5. Senior citizen - C.P.I. increases.

       The amount of minimum relief established under subsection B of Section 4.10.190 and
       the amounts of maximum income allowed by subsection B of Section 4.10.200 are hereby
       increased by an increase in the Seattle-Everett Consumer Price Index for Urban Wage
       Earners and Clerical Workers for the period ending in September of the benefit year or
       qualifying year, as the case may be.

       Section 6. The amendments contained in Sections 1 through 5 of this Ordinance shall
       apply to all billings paid on or after January 1, 1984.

       Section 7. Senior citizen - Utility service charges.

Definitions. As used in Sections 7 through 11 of this Ordinance and in Sections 1, 2 and 3 of
Ordinance No. 2819, as amended by this Ordinance, the following terms shall have the following
meanings:

       A.     "Benefit year" shall mean the twelve month period ending December 31st of any
              year during which utility service charges are paid to the City of Bellevue for
              utility service charges;

       B.     "Direct billing customer" shall mean a senior citizen who is directly billed for and
              who pays the City of Bellevue for utility service charges;

       C.     "Indirect billing customer" shall mean a senior citizen who is not directly billed
              for City of Bellevue utility service charges, but for whose residence some or all

                         City of Bellevue, Washington..Ordinance No. 3334               Page 30







              of such charges are paid by a landlord, maintenance association or other third
              party;

       D.     "Qualifying year" shall mean the twelve month period ending December 31st of
              the year immediately preceding the benefit year; and

       E.     "Senior citizen" shall mean a person described by subsection A of Section 2 of
              Ordinance No. 2819, as amended by this Ordinance.

       Section 8. Section I of Ordinance No. 2819 as amended by Section I of Ordinance No.
       2880 is hereby amended to read as follows:

       Section 1. Senior citizens - Utility service charges - Relief. There is hereby granted to
       senior citizens who meet the qualifications and requirements of Sections 2 and 3 of this
       Ordinance, relief from the City's water, sewer and storm drainage utility service charges
       as follows:

       A.     Direct billing customers.  Subject to subsection C of this Section, all billings by
       the City during the benefit year to direct billing customers who meet the qualifications
       and requirements of Section 2 and 3 of this Ordinance shall
       be reduced by an amount equal to 75% of the aggregate of the minimum water, sewerage
and storm drainage service charges as prescribed by the City's water, sewerage and storm
drainage rate ordinances) then in effect.

       B.     Indirect billing customers. Subject to subsection C of this Section, for all billings
       paid to the City during the benefit year for indirect billing customers who meet the
       qualifications and requirements of Sections 2 and 3 of this
       Ordinance, the City shall reimburse such indirect billing customers in an amount equal
to 75% of the aggregate of the minimum water, sewerage and storm drainage service charges as
prescribed by the City's water, sewerage drainage rate ordinances) then in effect.

       C.     In determining the amount- of relief granted under thi's Section, the minimum water
       service charge shall not include any consumption charges for water consumed beyond
       1,000 cubic feet bi-monthly.

       Section 9. Section 2 of Ordinance No. 2819 as amended by Section 2 of Ordinance No.
       2880 is hereby amended to read as follows:

       Section 2. Senior citizens - Utility service charges - Qualifications. To qualify for the
       relief set forth in Section I of this Ordinance, a senior citizen shall:

       A.     Be 62 years of age or older'on the first day of the benefit year;




                         City of Bellevue, Washington ... Ordinance No. 3334            Page 31







B.     Have an income during the qualifying year, from al sources whatsoever, not
exceeding eight thousand eight hundred dollars, if a single person; or a combined income.
of husband and wife, from all sources whatsoever, not exceeding eleven
thousand seven hundred dollars, if a married person. Such maximum incomes shall be
increased for qualifying year 1984 and each subsequent qualifying year by any increase
in the Seattle-Everett Consumer Price Index for Urban Wage Earners and Clerical
Workers for the period ending in September of the qualifying year.

C.     Have been a resident of the City of Bellevue during all or a portion of the benefit
year.

Section 10. Section 3 of Ordinance No. 2819 is hereby amended to read as follows:

Section 3. Senior citizens - Utility service charges - Requirements.

A.     All claims for relief under this Ordinance must be made annually and filed with
the Department of Finance of the City of Bellevue within the following times:

       1.     Direct billing customers who file their claim during the first sixty days of
       the benefit year shall be eligible for a reduction in their billings effective as of the
       first billing date of the benefit year. Any such customer who files a claim
       thereafter shall be eligible for a reduction effective as of the billing as of the
       billing date next following the date of filing.

       2.     Indirect billing customers shall file their claim during the first sixty days
       of the year following the benefit year.

B.     All billings for which claim is made under this Ordinance must be submitted to
the Department of Finance as part of the claim for relief.

C.     All claims for relief shall be submitted to the Department of Finance in writing
on a form provided by said department and certified by the claimant.

D.     The Department of Finance of the City shall publish rules and regulations to
implement this Ordinance.

Section I11. The amendments contained in Sections 7 through 10 of this Ordinance shall
apply to all billings to direct billing customers dated on or after January 1, 1984, and to
all billings for indirect billing customers paid on or after January 1, 1984.

Section 12. This Ordinance shall be published by posting it in the three official posting
places of the City, and shall take affect and be in force five days after the date of postrng.




                  City of Beflevue, Washington ... Ordinance No. 3334            Page 32







      PASSED by the City Council this  19th day of  December  1983, and signed in
      authentication of its passage this 19th day of December 1983.

(SEAL)



                                 Roy A. Ferguson, Mayor

Approved as to form:

Linda M. Youngs, City Attorney



Richard L. Andrews, Assistant City Attorney



Marie K. O'Connell, City Clerk

Published: December 24. 1983

























                       City of Bellevue, Washington...Ordinance No. 3334          Page 33







                        CITY OF BELLEVUE, WASHINGTON

                                ORDINANCE NO. 3688


        AN ORDINANCE increasing storm and surface water drainage charges for the Storm and
-.Surface Water Utility of the City of Bellevue, creating a new classification for wetland; amending
 the combined rate for large properties; amending the credit provided for detention facilities;
 adopting certain rate policies; and amending Sections 2, 3 and 4 of Ordinance No. 2429.
*WHEREAS, Section 4 of Ordinance No. 2429, as amended, requires that the rates and charges
 established therein be reevaluated no later than five years from March 1, 1982; and

 WHEREAS,  the Storm and Surface Water Utility, with the advice and assistance of a rate
 consultant, has reviewed the financial condition of the Utility and has reviewed the rates' and
 charges provided by Ordinance No. 2429 as amended and the policies upon which said rates and
 charges were established; and

 WHEREAS, the rate consultant and the Utility have determined and recommend that the rates
 and charges of the Utility be modified to provide for a more equitable distribution of said rates
 and charges; that revenues available to the Utility be increased; and that certain rate policies with
 respect thereto be adopted; and 

 WHEREAS, additional revenues for the Utility are necessary to fund the 1987-1991 Utility CIP,
 reestablish reserves used for the January, 1986 storm emergency, improve the Utility's debt
 coverage factor, and to provide for increased operations and maintenance costs resulting from CIP
 construction, plat dedications, annexations, and in anticipation of new federal regulations on
 storm water quality; and

 WHEREAS, a public hearing was held on June 23, 1986, with regard to said proposed increase
 in the Utility's rates and charges; and

 WHEREAS, the Storm and Surface Water Advisory Commission has reviewed the proposed
 modifications to the Utility's rates and charges and the proposed rate policies and on July 10,
 1986 recommended adoption of said proposals and policies; now, therefore,

 THE CITY COUNCIL OF THE CMT OF BELLEVUE, WASHINGTON, DOES ORDAIN AS
 FOLLOWS:

 Section 1. Section 4 of Ordinance No. 2429 as amended by Section 2 of Ordinance No. 2577
 and further amended by Section I of Ordinance No. 3080 is further amended to read as follows:





                                                                                     Page 34







Section 4. There is hereby levied upon all real property within the City of Bellevue which
contributes drainage water to or which benefits from the function of the Storm and Surface Water
Utility of the City of Bellevue, and there shall be collected from owners thereof, monthly service
charges based on the square footage of the properties on the appropriate intensity of development
classification(s) of such properties, such that for each 2,000 square feet of area or increments
thereof, the property shall be charged an amount per month as follows:

                                    Light         Moderate          Heavy         Very Heavy
   Wetland       Undeveloped     Development          lDevelopment                Development

    $0.00           $0.14           $0.81            $1.01           $1.51           $2.03

and each account shall be charged an additional customer charge in the amount of $0.89 per
month, and there shall be collected' from the owners of undeveloped properties which become
developed a "late-comer" facilities charge of $11.87 per equivalent billing unit per year from
March 1, 1982 to date of development, pro-rated on a monthly basis. An equivalent billing unit
shall be defined as the number of square feet of property divided by 2,000 square feet times the
runoff coefficient associated with the newly developed property's intensity of development
classification. The runoff coefficient for the following development classifications are defined
as follows: Wetland: 0.00; Undeveloped: 0.25; Light Development: 0.4; Moderate
Development: 0.5; Heavy Development: 0.75; Very Heavy Development: 1.00.

The rates and charges established herein shall be reevaluated no later than five years from
September 1, 1986.

Section 2. Section 3 of Ordinance No. 2429 as amended by Section 1 of Ordinance No. 2577
is hereby further amended to read as follows:

Section 3. The Storm and Surface Water Utility may reclassify an individual parcel of property
to the next lower classification of intensity than would be indicated by its percentage of
impervious surfaces based on hydrologic date to be submitted by the property owner or his agent
to the said Utility, which demonstrates a hydrologic response substantially similar to that of a
parcel of property of such lower classification of intensity.

The City Council further finds that, in the case of some parcels of property of more than 35,000
square feet in size, in addition to the conditions set forth in paragraph 1 of this section, there may
be intensities of development on portions of such parcels of property which differ significantly
from other portions of such property in terms of hydrologic response. To provide for
consideration of the variation in intensity of development which may be present on such parcels
of property, the Storm and Surface Water Utility may classify portions of such parcels of
property in any of the classifications defined in Section 2 on the basis of hydrologic response.
Provided, however, that at least 35,000 square feet shall be classified in the most intense
classification appropriate to a portion of the parcel of property.



                          City of Bellevue, Washington..Ordinance No. 3688              Page 35







Section 3. Section 2 of Ordinance No. 2429 is hereby amended to read as follows:

Section 2. All real property in the City of Bellevue shall be classified by the Storm and Surface
Water Utility according to the square footage of area of the property and the intensity of
development set forth below:

a. Wetlands - Real property or a portion of real property that has been designated as "wetlands"
pursuant to the City's Sensitive Areas Notebook, as hereafter adopted. Such property shall
continue to be charged under its existing classification until it has been specifically designated
as "wetlands" pursuant to the Sensitive Areas Notebook.

b. Undeveloped - Real property which is undeveloped and unaltered by buildings, roads,
impervious surfaces or other physical improvements which change the hydrology of the property
from its nature state.

c. Light Develonment - Developed real property which has impervious surfaces of less than 20%
of the total square footage area of the property.

d. Moderate Development - Developed real property which has impervious surfaces between
20% and 40% of the total square footage area of the property.

e. Heavy Develorment - Developed real property which has impervious surfaces between 40%
and 70% of the total square footage area of the property.

f. Verv Heavy DeveloDment - Developed real property which has impervious surfaces of more
than 70% of the total square footage area of the property.

Section 4. The rate policies given Clerk's Receiving No. 11466 are hereby adopted.

Section 5. The revised monthly service charges, monthly customer charge and late-comer
facilities charge, herein established shall take effect on September 1, 1986.

Section 6. This ordinance shall take effect and be in force five days after its passage and legal
publication.












                         City of Bellevue, Washington...Ordinance No. 3688             Page 36







PASSED by the City Council this 28th day of July, 1986 and signed in authentication of its
passage this 28th day of July, 1986.

(SEAL)


                                  Cary E. Bozeman, Mayor
Approved as to form:

Richard L. Andrews, City Attorney


Richard Gidley, Assistant City Attorney

Attest:


Marie K. O'Connell, City Clerk

Published   August 3. 1986




























                        City of Bellevue, Washington...Ordinance No. 3688            Page 37







                      CITY OF BELLEVUE, WASHINGTON

                              ORDINANCE NO. 4309

      AN ORDINANCE increasing storm and surface water drainage charges for the Storm and
Surface Water Utility of the City of Bellevue; and amending Section 4 of Ordinance No. 2429,
as amended.

WHEREAS, the Storm and Surface Water Utility, with the advice and assistance of a rate
consultant, has reviewed the financial condition of the Utility and has reviewed the financial
condition of the Utility and has reviewed the rates and charges provided by Ordinance No. 2429,
as amended, and the policies upon which said rates and charges were established; and

WHEREAS, the rate consultant and the Utility have determined and recommend that the:rates
and charges of the Utility be increased; and

WHEREAS, additional revenues for the Utility are necessary to fund the 1991-1997 Utility CIP;
maintain adequate reserves; and to provide for continuance of water quality and education
programs previously funded by grants; as well as other increased operating and debt service
costs; and

WHEREAS, a public hearing was held before the Environmental Service Commission on
November 7, 1991 and another public hearing was held on November 12, 1991, with regard to
the budget of the City of Bellevue for 1992; and

WHEREAS, the Environmental Services Commission has reviewed the proposed modifications
to the Utility's rate and charges and on November 21, 1991, recommended adoption of said
modifications; now, therefore,

THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS
FOLLOWS:

Section 1. Section 4 of Ordinance No. 2429 as amended by Section 2 of Ordinance No. 2577
and as further amended by Section 1 of Ordinance No. 3080, Section 1 of Ordinance No. 3688,
Section 1 of Ordinance No. 3980 and Section 1 of Ordinance No. 4198, is further amended to
read as follows:

Section 4. There is hereby levied upon all real property within the City of Bellevue which
contributes drainage water to or which benefits from the function of the Storm and Surface Water
Utility of the City of Bellevue, and there shall be collected from the owners thereof, monthly
service charges based on the square footage of the properties and on the appropriate intensity.of




                                                                                  Page 38







development classification(s) of such properties, :such that for each 2,000 square feet of area or
increments thereof, the property shall be charged an amount per month as follows:

                                    Light         Moderate          Heavy        Very Heavy
   Wetland       Undeveloped     Development     Development     Development     Development

    $0.00           $0.17           $0.99           $1.23           $1.83           $2.46

and each account shall be charged an additional customer charge in the amount of $1.08 per
month, and there shall be collected from the owners of undeveloped properties which become
developed a "late-comer" facilities charge of $11.87 per equivalent billing unit per year from
March 1, 1982 to date of development, pro-rated on a monthly basis. An equivalent billing unit
shall be defined as the number of square feet of property divided by 2,000 square feet times the
runoff coefficient associated with the newly developed property's intensity of development
classification. The runoff coefficient for the following development classifications are defined
as follows: Wetland: 0.00; Undeveloped: 0.25; Light Development: 0.4; Moderate Development:
0.5; Heavy Development: 0.75; Very Heavy Development: 1.00.

The rates and charges established herein shall be reevaluated no later than five years from the'
effective date of this Ordinance.

Section 2. The revised monthly service charges and monthly customer charge established in
Section 1 of this ordinance shall take effect on January 1, 1992.

























                         City of Bellevue, Washington...Ordinance No. 4309            Page 39







                          MEMORANDUM OF AGREEMENT
                         SEPTIC SYSTEM REPAIR PROGRAM


* WHEREAS, the Jefferson County Planning and Building Department has been designated lead
;agency in addressing water quality issues in Jefferson County, and

  WHEREAS, the Jefferson County Health Department Environmen tal Health Division is charged
  with the responsibility to oversee a number of environmental quality programs including the
  design and installation of on-site sewage disposal systems, and

  WHEREAS, Jefferson County has received a Centennial Clean Water Fund (CCWF) grant to
  address non-point pollution problems or potential problems within the county, and

  WHEREAS, said grant contains specific work elements (see Attachment A) concerning on-site
  sewage disposal systems as a potential contributor of water quality degradation, and

  WHEREAS, Jefferson County has also received loan funds from the Washington State Water
  Pollution Revolving Loan Fund (SRF) to provide low interest loans to individuals with problem
  septic systems, and

  WHEREAS, the two programs, the CCWF grant and the SRF loan, are intended to work in
  tandem to address on-site sewage disposal as a contributor or potential contributor to water
  quality degradation,

  NOW THEREFORE IT IS AGREED, the Jefferson County Health Department Environmental
  Health Division will perform the tasks outlined on Attachment A: including septic repair design
  or design oversight, public education, promotion of SRF funds availability to assist in system
  repairs, oversight a repair installation and final approval all systems repaired under this program.
  The division will keep accurate records of assistance and education provided and transmit the
  same to the Planning and Building Department as provided for in Appendix A.

  BE IT FURTHER AGREED, that the Jefferson County Planning and Building Department will
  transfer twenty two thousand doliars ($22,000) annually to the Health Department to fund the
  work elements outlined in Attachment A. The department shall also act as the loan agent for
  SRF monies and provide loan assistance to all eligible parties referred by the Health Department.









                                                                                     Page 40









BE IT FURTHER AGREED, that departments will work in mutual cooperation to accomplish
the goals and objectives of the water quality grant and loan programs and perform the necessary
tasks to ensure their successful implementation.

AGREED THIS _DAY OF____ 1990



Cathy Stafford, Administrator, Health Department



AGREED MHS __DAY OF____  1990



David Goldsmith, Director, Planning and Building Department































                   Memorandum of Agreement .. Septic System Repair Program             Page 41












     .TT .N  .S....TATE
























        .....luio .......
...emorndu ... ..greement..







                           STATE OF CALIFORNIA
            NPS LOANS FROM THE STATE REVOLVING FUND


 *SUMMARY

       T .  S.Itate ofiCalifornia was::one of th:irst states in  i fion tusei
 ;sta.te irevolving:.fund (S)    i make loans  for: NPS:prj:e      The :fund is
  . fadministered by the StaiWaer  Board. ThSteWater Bod has  eparted
:  iistratiaon ofthe fund from the wastewatr   atment facities prgramand :has
:.develod .a:flexble: ogram which:- wi  evaluate: andselectfor:..nding ia  wide
  varietyof ;nonp   oice .luton prects4;0.             i

        T a.t, -the sate' revolng       .......   .   .    o ..pucas eficien
        '-: i~l~~ai~i~i~ï¿½t'::ï¿½;uairijlmenT         :~~nation f.for': s-'
 irrigation .equipment to reduce salt and ::(selenium: c inaind,  : sedimet
   c   ,  :for wetlands development :' mrove water quality: :    sIrom.t   :: water
 disch::rges, to connect:stor  sewers to :combind:: systms and t:0-impve  ater: :
  quaity -through :stormwater retention :i   detti.n  ba s.. About W.s -
 Jin various -stageshofdevelopet    These prectsa:ll have be:e  evalu te and
 fseletd on the basis of water quality : fits:.        :.  .: . 


INTRODUCTION

  The State of California recognizes that nonpoint sources are a major cause of water
pollution in the state. The Federal Water Pollution Control Act, as amended in 1987,
allowed states which had adequately addressed their needs for sewage treatment facilities
to use funds from their state revolving funds to address nonpoint source pollution.
California was one of the first states in the country to use its SRF for NPS purposes.

  The administration of the program is through the State Water Resources Control Board
which provides SRF loan funding for wastewater treatment facilities, nonpoint source
pollution programs and estuary programs. The Board separated the management of its
wastewater treatment projects and its nonpoint source pollution programs. This decision
facilitated use of the fund for nonpoint source pollution projects without the traditional
requirements of the municipal facilities program.

  The State Water Board developed a NPS program for the SRF which has resulted in
the funding of a variety of projects. Eligible NPS projects include construction of
demonstration projects, retention/detention basins, wetlands for stormwater treatment and
a variety of best management practices to reduce or remove pollutants. Eligible programs

                                                                            Page 42







could also include training, public education, technology transfer, ordinance development
and\or development of management practices. Priority NPS categories for funding include
silviculture, mining, agriculture and urban runoff.

    The NPS program for the SRF also permits the establishment of substate revolving
funds which can provide funding to private individuals, within septic system maintenance
districts.

  Interest on the loans is tied to 1/2 the states general obligation bond rate, as determined
by the most recent bond sale; and terms of payments can be as long as 20 years. Loans
can cover 100% of the project or program costs. Repayments usually begin one year after
a program or project is implemented.

  The types of projects funded so far by the SRF include three separate loans for water
districts to purchase efficient irrigation equipment for agricultural use. By using better
equipment, the drainage from irrigation is reduced and therefore selenium and salts from
the soil are reduced. In addition, funds are being used to develop a wetlands as a treatment
measure for stormwater runoff, to establish stormwater retention and detention basins to
connect storm sewers to an upgraded combined sewer system, to control sediments and
to develop a stormwater management program. In the future, California expects to
establish substate revolving funds to address on-site treatment problems.

A loan request from the state revolving fund. is made by submitting an eight page
application which requires basic backup information. The local government is required
to pass a brief resolution which establishes a dedicated source of repayment for the loan.
The State Water Board identifies the project in the annual SRF Intended Use Plan which
is approved through a public hearing process.





   ThBe  State Wtat  Resources Co.iBe   has ast it              dngiï¿½  -ou

l::.ioca!:: govenmnentshave bonding 'authority and ?other wa:ys 't-o:gï¿½eneate ' nvenues to 'i
  :cay out onpoint soure pollution contrlacivities. Th   ethe Board has; 
 decided:to use *the state re voving.:fund t.:Ofun  al :brod -an::  .:-faivies ,
  |            .    y    i   -  -  .  i . -:  E .  if : . .  . i   E   .  . . . .    .  i ?: :.i.E Hi .  :."  .. i.  .   . i i iE'





                          California: State Revolving Fund NPS Loans           Page 43







COMME-NTARYCointin,..   :     :-

       :Althouh ireuestsr loansfrom the  SRF have :en: imited,  projec ts
funded to date provide  oodex         f p:S RFiuse :for :NPS purposes. The State
: anticipates :i-creased ruremnts :for :-  Onpoint  source pollution, : :coasli :zone :
management and stormnwater  managementwhich will probably in:  'eth :use:of




hs bein ad-ess-       - bn y    set:i :maurons:lil i wh asS e o-i
 loan  cients. Some :: hommu ntie s have als o exp oressed concerns      itegar ing oth 
: int t u           n          i ct-as anneal pubich:eatings :on the bs:f sopr t 
whichthe stateproposesfo rfundin.However, in genera, these atdministrative





        . ..........~n ... i.  -  ~.. r..,...-.-E. .. E. E .     .    -.. ... ..... I -I-  II -  I I
r equiremet  do not apar to hve aalverslyi:    affeted  Rthelvin sele ton of o-: rt h
       The State of California seate revolving                 fund as one more


:The'variety  fitions.  The proects selecAtwereevaluaed on thebais of water*





















                        California: State Revolving Fund NPS Loans             Page 44







          CALIFORNIA STATE REVOLVING FUND PROJECT LIST



AGENCY                                                DESCRIPTION

Fresno Metropolitan Flood        Set up of a stormwater quality management program,
Control District                 purchase sites for stormwater retention and detention
                                basins, and construct stormwater retention and detention
                                basins. The loan contract was executed on 11/07/91.
                                The District has begun work on several components of
                               : the agreement.

City and County  of San          Construction of a 5' diameter transport, storage sewver
Francisco                        in the 20th Street Subbasin to control stormwater flows
                                to San Francisco Bay. The loan contract was executed
                                on 11/14/91. Project is presently under construction.

Walker  River  Irrigation        Removal of sediment from the East Fork of the Walker
District                         River. The loan contract was executed on September
                                23, 1991. The project was completed 7/92.

Firebaugh   Canal   Water        Purchase of efficient irrigation equipment for lease to,
District                         local farmers. More efficient irrigation results in a
                                significant reduction in the amount of drainage, which
                                is high in selenium and salts. The loan contract was
                                executed on 01/02/92.

City of Davis                    Construction of a wetland to treat stormwater prior to
                                discharge to the Yolo Bypass. The project is in
                                conjunction with a Army Corps of Engineers program
                                to develop wetlands in the Pacific Flyway. Currently
                                finalizing negotiations.

City of Stockton                 Set up of a stormwater quality management program.
                                State signature is pending. Work has begun.







                                                                              Page 45






                                          Senate Bill No. 1284


                                            CHAPTER 1313

                     An act to add Chapter 6.5 (commencing with Section 13475) to
                   Division 7 of the Water Code, relating to water pollution control,
                   making an appropriation therefor, and declaring the urgency
                   thereof, to take effect immediately.
S                             ~~~~~~~~~~~[Approved by Cover-nor September 28, 1987. Filed with
                                     Secretary of State September 28. 1987.]
                                     LEGISLATIVE COUNSELS'SDIGEST
                     SB 1284, Bergeson. Water pollution control: revolving fund.
                      Under existing law, various bond acts have been adopted to
                   provide necessary funds to ensure the full participation by the state
                   under the federal Clean Water Act in obtaining funds for the
                    construction of treatment works.
                      This bill would create the State Water Pollution Control Revolving-
                    Fund and would continuously appropriate the moneys in the fund to
                    the State Water Resources Control Board for expenditure, as
                    specified. The bill would establish in the fund a Federal Revolving
                    Loan Fund Account and a State Revolving Loan Fund Account to
                    comply with the federal Tax Reform Act of 1986. The bill would
                    specify the powers of the board in administering the fund, would
                    authorize the board to enter into specified agreements with the
                    federal government with respect to the fund, and would permit
                    moneys in the fund to be used for specified purposes relating to the
                    construction of treatment plants and related activities. The board
                    would be authorized to enter into contracts or procure services or
                    equipment, notwithstanding any other provision of law, to comply
                    with requirements imposed by the federal Tax Reform Act of 1986,
                    or the federal Clean Water Act, with respect to the fund.
                      The bill would make legislative findings and declarations.
                      The bill would declare that it is to take effect immnediately as an
                    urgency statute.
                      Appropriation: yes.

                    The people of the State of California do enact as follows.

                      SECTION 1. Chapter 6.5 (commencing with Section 13475) is
                    added to Division 7 of the Water Code,'to read:
                     CHAPTER 6.5. STATE WATER POLLUTION CONTROL REVOLVING
                                                  FUND

                      13475. (a) The Legislature hereby finds and declares that since
                    the federal Clean Water Act (33 U.S.C. Sec. MI5 et seq.) provides for


                                                                                94 60.








                                                                                       Page 46




Ch. 1313                     -2-

establishment of a perpetual water pollution control revolving loan
fund, which will be, partially capitalized by federal contributions, it
is in the.interest of people of the state, in order to ensure full
participation by the state under the federal Clean Water Act, to
enact this chapter to authorize the state to establish and implement
a state/federal water pollution control revolving fund in accordance
with federal provisions, requirements, and limitations.
  (b) The primary purpose of this chapter is to enact a statute
consistent with the provisions and requirements of the federal Clean
Water Act, as those provisions, requirements, and limitations relate
to establishment, management, and operation of a state/federal
water pollution control revolving fund. It is the intent of the
Legislature that the terms of this chapter shall be liberally construed
to achieve this purpose.
  13476. As used in this chapter, unless the context otherwise
requires:
  (a) "Board" means the State Water Resources Control Board.
  (b) "Federal Clean Water Act" or "federal act" means the federal
Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) and acts
amendatory thereof or supplemental thereto.
  (c) "Fund" means the State Water Pollution Control Revolving
Fund.
  (d) "Municipality" shall have the same meaning and construction
as in the federal act and also includes all state, interstate, and
intermunicipal agencies.
  (e) "Publicly owned" means owned by a municipality.
  13477. The State Water Pollution Control Revolving Fund is
hereby created in the State Treasury, and, notwithstanding Section
13340 of the Government Code, all moneys in the fund are
continuously appropriated without regard to fiscal years to the board
for expenditure in accordance with this chapter. The board is the
state agency responsible for administering the fund. In order to
facilitate compliance with the federal Tax Reform Act of 1986 (Public
Law 99-514), there is hereby established in the fund a Federal
Revolving Loan Fund Account and a State Revolving Loan Fund
Account. From time-to-time thereafter, the board may modify
existing accounts in the fund and may establish other accounts in the
fund, and in all other funds administered by the board, which the
board deems appropriate or necessary for proper administration.
  13478. The board may undertake any of the following:
  (a) Enter into agreements with the federal government for
federal contributions to the fund.
  (b) Accept federal contributions to the fund.
  (c) Use moneys in the fund for the purposes permitted by the
federal act.
  (d) Provide for the deposit of available and necessary state
moneys into the fund.
  (e) Make requests' on behalf of the state for deposit into the fund


                                                            94 80







               California Law                                   Page 47




                               -3 -                    Ch. 1313

of available federal moneys under the federal act and determine on
behalf of the state appropriate maintenance of progress toward
compliance with the enforceable deadlines, goals, and requirements
of the federal act.
  (f) Determine on behalf of the state that publicly owned
treatment works which receive financial assistance from the fund
will meet the requirements of, and otherwise be treated as required
by, the federal act.
  (g) Provide for appropriate audit, accounting, and fiscal
management services, plans, and reports relative to the fund.
  (h) Take such additional incidental action as may be appropriate
for adequate administration and operation of the fund.
  13479. (a) The board may enter into an agreement with the
federal government for federal contributions to the fund only 1 1)
when the state has appropriated any required state matching funds,
and (2) when the board is prepared to commit to expenditure of any,.
minimum amount in the fund in the manner required by the federal
act.
  (b) Any  agreement  between  the  board  and  the  federal
government shall contain those provisions, terms, and conditions
required by the federal act, and any implementing federal rules,
regulations, guidelines, and policies, including, but not limited to,
agreement to the following:
  (1) Moneys in the fund shall be expended in an expeditious and
timely manner.
  (2) All moneys in the fund as a result of federal capitalization
grants shall be used to assure maintenance of progress toward
compliance with the enforceable deadlines, goals, and requirements
of the federal act, including any applicable municipal compliance
deadlines.
  ï¿½(3) Publicly owned treatment works which will be constructed, in
whole or in part, before federal fiscal year 1995 shall meet the
requirements of, or otherwise be appropriately treated under the
applicable provisions of, the federal act.
  13480. (a) Moneys in the fund shall be used only for the
permissible purposes allowed by the federal act, including providing
financial assistance for the following purposes:
   (1) The construction of publicly owned treatment works, as
defined by Section 212 of the federal act, by any municipality.
   (2) Implementation of a management program pursuant to
Section 319 of the federal act.
   (3) Development and implementation of a conservation and
management plan under Section 320 of the federal act.
   (4) Financial assistance, other than a loan, toward the nonfederal
share of costs of any grant funded treatment works project, but only
if that assistance is necessary to permit the project to proceed.
   (b) Consistent with expenditure for authorized purposes, moneys
in the fund may be used for the following purposes:


                                                           94 110







                 California Law                                   Page 48




Chi. 1313                     -4-

  (1) Loans which shall (A) be made at or below market interest
rates, (B) require annual payments of principal and any interest,
with  repayment  c ommencing not later than  one  year after
completion of the project for which the loan is made and full
amortization not later than 20 years after project completion, (C)
require the loan recipient to establish an acceptable dedicated
source of revenue for repayment of any loan, and (D) contain such
other terms and conditions as may be required by the board or the
federal act or applicable rules, regulations, guidelines, and policies.
To the extent permitted by federal law, the interest rate shall be set
at a rate equal to 50 percent of the interest rate paid by the state on
the most recent sale of state general obligation bonds and the interest
rate shall be computed according to the true interest cost method.
If the interest rate so determined is not a multiple of one-tenth of I
percent, the interest rate shall be set at the multiple of one-tenth of
I percent next above the interest rate so determined. Any loan from
the fund used to finance costs of facilities planning, or the
preparation of plans, specifications, or estimates for construction of
publicly owned treatment works shall require that, if the loan
recipient receives a grant under Section 201 (g) and an allowance
under Section 210(1) (1) of the federal act for nonfederal funds
expended for that planning or preparation, the recipient shall
promptly repay to the fund any portion of the loan used for the
planning or preparation to the extent of that allowance.
  (2) To buy or refinance the debt obligations of municipalities
within the state at or below market rates if those debt obligations
were incurred after March 7, 1985.
  (3) To guarantee, or purchase insurance for, local obligations
where that action would improve credit market access or reduce
interest rates.
  (4) As a source of revenue or security for the payment of principal
and interest on revenue or general obligation bonds issued by the
state, if the proceeds of the sale of those bonds will be deposited in
the fund.
  (5) To establish loan guarantees for similar revolving funds
established by municipalities.
  (6) To earn interest.
  (7) For payment of the reasonable costs of administering the fund
and conducting activities under Title VI of the federal act. Those
costs shall not exceed 4 percent of all federal contributions to the
fund, except that if permitted by federal and state law, interest
repayments into the fund and other moneys in the fund may be used
to defray additional administrative and activity costs to the extent
permitted by the federal government and approved by the
Legislature in the Budget Act.
  (8) For financial assistance toward the nonfederal share of the
costs of grant funded treatment works projects to the extent
permitted by the federal act.


                                                           94 130








                 California Law                                   Page 49




                                                       -5-                        Ch. 1313

                            13481. The fund shall be used to provide financial assistance only
                          for projects which are (a) consistent with plans, if any, developed
                          under Sections 205(j), 208, 303 (e), 319, and 320 of the federal act, and
                          (b) on the approved state priority list adopted under Section 216 of
                          the federal act.
                            13482. (a) In accordance with the Clean Water Bond Law of
                          1984 (Chapter 13 (commencing with Section 13999)), the board,
                          with the approval of the Clean Water Finance Committee, may
                          transfer funds from the Clean Water Construction Grant Account to
                          the fund for the purpose of meeting federal requirements for state
                          matching moneys in the fund.
                            (b) Any repayment of fund moneys, including interest payments,
t                        ~~~~~~~~~and all Interest earned on or accruing to any moneys in the fund, shall
                          be deposited in the fund and shall be available, in perpetuity, for
                          expenditure for the purposes and uses permitted by the federal act.
                            13483. (a) To -the extent permitted by federal and state law,
                          moneys in the fund may be used to rebate to the federal government
                          all arbitrage profits required by the federal Tax Rleform Act of 1986
                          (Public Law 99-514), or any amendment thereof or supplement
                          thereto. To the extent that this use of the moneys in the fund is
                          prohibited by federal or state law, any rebates required by federal
                          law shall be paid from the General Fund or other sources, upon
                          appropriation by the Legislature.
                             (b) Notwithstanding any other provision of law or regulation, the
                          board may enter into contracts, or may procure those services and
                          equipment, which may be necessary to ensure prompt and complete
                          compliance with any provisions relating to the fund imposed by
                          either the federal Tax Reform Act of 1986 (Public Law 99-514) or the
                          federal Clean Water Act.
                            13485. The board may adopt rules and regulations necessary or
                          convenient to implement this chapter and to meet federal
                          requirements pursuant to the federal act.
                            SEC. 2. This act is an urgency statute necessary for the
                          immediate preservation of the public peace, health, or safety within
                          the meaning of Article IV of the Constitution and shall go into
                          immediate effect. The facts constituting the necessity are:
                            In order to assure maximum participation in federal funding
                          sources, provide maximum opportunity for all California
                          municipalities to participate in available financial assistance for
                          construction of treatment works, assist municipalities in meeting
                          statutory deadlines, and provide for continuation of prompt
                          construction of needed treatment works, it is necessary that this act
                           take effect immediately.



                                                          0



                                                                                      94 160








                                            California Law                                   Page 50







                        JEFFERSON COUNTY, WASHINGTON
                     WATER QUALITY IMPROVEMENT FUND



:::::::::::::::::::::::::::::::::::::::::::::::::::    :    :'^  -'::':: . -  : ..  f: : :   ... : :: :.,'.:.:.  ' " i'   : .'.'::. :..':'::,..'.: ::' :. :-: '.:'.~:.:.::.".:  "::':c:: :::....  .' '   ...'..
' -.": .'. ::::ï¿½: : In 1:::989 . : State:: of Whin:tn establisied :a .er:.lluti..n C.n..i:t... R e'
 :'Fundg SR   w1hich would :provd    ::sploas frS0me'e:al purposes.' 'h'u in   nds :::ofo
    pintsouce projct.Jefferson County Wahein enteym ic int an andem has    _th atfe
i    t :ts a- progn  catieds the Jefrsont County Water Qunit  Imposeret  ed Fnd i      i
WQI   fundsi g        ifsticbat eding the forPailmo Ms of ltes land withn targeCodn t   orreth
lymlpingastic sysems and Pabe to s his c bultur ls reads int5anc                    e for
-e *loans varis frotm0-8%ao naly -b  upo-i   wnt eligbl    ty nd ablity to         :  date,

  agricndasbeenuseltoureanofaitelfnctioing septic ta.ntews ca-ing ltow quinae holt ..l
   o  adfesishllish b          t and qaliy plsp onty  atreas. Sm darictu       es ot  . ' ae............... e....................t
fwnd ith  n   the'Sate poutfiz enthtsatRning d  stab gr er

C  : -:0The Jefferson CountyWater  alitymprovement Fund. Wsthe ines t examles wi
n heatin o.e apr           raed t  o addre ss    pifitpov ll4utioIn problems. ' i f
th fund of $200,000                                   ave  i  targtd -t  low i:  an/o ior itiz househ a nd


INTRODUCTION

       Jefferson County, Washington is located in the Olympic Mountains and has both Pacific
Ocean and Puget Sound coastlines.  The coastal area has very unique oyster beds and is a
significant breeding area for Pacific Salmon. Most of the land within the County is part of the
Olympic National Forest and Park.  Due to shellfish bed closures in 1985 and a concern for
salmon, a monitoring program began which showed that nonpoint source pollution from
agriculture and failing septic systems was causing water quality problems.

       To address high priority water quality problems, the County entered into an agreement
with the State to utilize the State Revolving Fund to establish a program called theJefferson
County Water Improvement Fund. Washington's SRF is similar to those in all states. It was
capitalized by grants from the Environmental Protection Agency (EPA) and state matching funds
and can be used to address several specific types of water pollution problems. The loans from
the fund of $200,000 have been targeted to low income and/or senior citizen households and
agriculture. The $200,000 fund was divided into two subprograms $100,000 for malfunctioning
septic systems and $100,000 for agricultural conservation practices. The WQIF was established
in June of 1990 and so far has been used to make 21 loans.




                                                                                           Page 51






PROVISIONS OF THE WATER OUALITY IMPROVEMENT FUND (WOIF)

      Landowners follow a series of steps to identify a need and to apply and receive funds'
from the WQIF. The WQIF program steps are as follows:

1. PROBLEM -IDENTIFICATION

      A water quality problem or potential problem (septic or agricultural) is identified and
referred to the appropriate department or agency (County -Health Department or County
Conservation District) for response.

2. REHABILITATION ASSESSMENT

       The department or agency will work with the landowner to develop rehabilitation
measures to correct the problem, at which point the applicant is referred to the WQIF program
to fund the rehabilitative measures. Application forms are available from the Planning and
Building Department's Water Quality Program.

3. APPLICATION TO WQIF

       Application to the Jefferson County Planning and Building Department is made, the
application processed and the applicant notified that he is accepted or not for a loan. Applications
are prioritized by severity of water quality impacts and income level.

4. DESIGNS, BIDS AND PERMIT

       Applicants with conventional septic systems will work, in most cases, with the Health
Department. Applicants with alternative septic systems work, in most cases, with a private
alternative septic system designer (for system design) and a private contractor (for system
installation). The applicant must submit bids from both the contractor and the designer to the
Planning and Building Department. All septic system projects must apply for and receive a
sewage disposal permit from the Health Department before proceeding with Step 5. Applicants
with an agricultural project must secure a costs and materials estimate from their chosen building.
supply business and submit it to the Planning and Building Department before proceeding to step
5.

5. LOAN PROCESSING AND WORK AUTHORIZATION

       The loan agreement, promissory note, and deed of trust are completed by the Planning
and Building Department. Work on the corrective measures is then authorized.





                  Jefferson County, Washington ... Water Quality Improvement Fund         Page 52







6. APPROVAL AND REIMBURSEMENT

       Upon completion, the work is inspected and approved by the appropriate agency or
department; the loan agreement, promissory note, deed of trust and maintenance agreement (if
any) with the Public Utilities District #1 are executed, and the contractors (septic) or materials
supplier (agricultural) are reimbursed by the county.

INTEREST RATES FOR THE WOlF PROGRAM ARE AS FOLLOWS:

Low Income/Senior Citizen                          Other Citizens

0-5 years             no interest           0-5 years             6% 'annually
6+ years              4% annually     ,    6+ years               8% annually

       Senior citizens and/or low income applicants will have varying repayment schedules bafsed
on the ability to pay. In some cases, there is no interest or repayments and the
county will receive repayment when the property is sold or becomes part of an estate settlement
at the death of a resident. If a person fails to carry out the operation and maintenance of a
conservation practice or system the loan can become due on demand.
       Land owners have been fortunate that a local lawyer has volunteered one to two hours
to work with applicants if they need assistance.

PROGRAM ADMINISTRATION AND IMPLEMENTATION

       In 1989 the State of Washington passed a law to set up a State Revolving Fund. Chapter
173-98 of the Washington code establishes the uses and limitations of the Water Pollution
Control Revolving Fund. To utilize the state funds at a substate level, Jefferson County took the
following actions.

       In 1990 Jefferson County applied to the State and received $200,000. to establish a
revolving fund. The County's application outlined its program and included a commitment to
repayment of principal with 4% interest for 10 years. The County Board of Commissioners
demonstrated their commitment by passing a resolution entitled "A Resolution Committing To
The Repayment of Loan, State of Washington, Washington State Water Pollution."

       To carry out the program a memorandum of agreement was entered into with the
Jefferson County Soil Conservation District for agricultural practices and the Health Department
for septic system repairs. The Public Utility District #1 agreed to municipal oversight inspection
of repaired septic systems. The Jefferson County Planning and Building Department handles
applications, approves bids, prepares the loan package, disburses funds to bidders and sends a
voucher to the state for reimbursement.




                  Jefferson County, Washington-.Water Quality Improvement Fund          Page 53







       The funds received by the County can be used for technical assistance, such as outside
engineering services. The cost becomes part of the loan. Administrative costs become indirect
costs borne by the county and the installation costs are included as part of the loan.  A loan.
application must have the approval of the County Board of Commissioners.


  COMMENTARY

  ;:tif: Jetafirson  ont  wsp as inged wite serious 'ssuie  difis d   sure'i ind .h
  de:"terioration: of spawnn :'beds for:  salmon. T.e'  pr s  o        w tiin  septi ,
  :systems ':and agricultural nonpoint source polludon  had been idntified ::as ::major:
   ontributors to the water quality problem. Advocacy :ups :sucas:the waten en :and :
  fishn i   organizations werme aking for a.ion. So w:'when" : Whi    n StateRevolvng :
  Fund was established, the county quickly estalsheda program to:help resolve :some Of :
  hientfed TMobemb      s

     t.e- ::. fiirst ye:r  fthe prgram, 17    licans were servicd  forsedi        systm
 ::repatisandreplace nts .  Akey to  worin fecively ith the snicorci.tzn  . -dr
  il:ow  income' residences was the -invOlvement of .saff of county ::health dpartment   :.
   isoial workers alratdy wereaw t of me  hoseholds whichneed hielt .ntey'
    -encouaged thJeresidents tounty.  Anton..imWrat suppt came f romet .ft-d  ofge          5
  count y  prosecuting  awttrnoym s  Tofce    The  resu ti sUptic sysï¿½m  r-pair  and
  replacements clearly resulted in w     ater qua ity impovemei      t nts.n 7 

         : A::l- f: i; 0Xthough :an eq~ual amnount of: funds tiwe. re :..set  efoagclurals conse r-aIon

  ::current. pratice of -using.ASCS :-.cost l;sharing .ifunds :and a reluctance to ta-k  as for




















                   Jefferson County, Washington...Water Quality Improvement Fund       Page 54







                           RESOLUTION NO. 11-90


A RESOLUTION COMMITTING TO THE REPAYMENT OF LOAN,
STATE OF WASHINGTON, WASHINGTON STATE WATER POLLUTION
REVOLVING LOAN FUND (SRF).

WHEREAS, the State of Washington has established a revolving loan program to address and
correct water pollution problem State wide, and

WHEREAS, said fund may be utilized to address identified non-point pollution problems, and'

WHEREAS, Jefferson County, over the past three years, has actively been identifying and
correcting non-point pollution problem, and

WHEREAS, Jefferson County has secured a grant to continue on with and expand its program
of identifying water quality problems, and

WHEREAS, assistance to individuals, particularly the low income, is required if correction of
water quality problems is to be accomplished, and

WHEREAS, Jefferson County has applied for and received loan approval from SRF to provide
financial assistance in the correction of non-point pollution problems, primarily septic repair and
agricultural practices, and

WHEREAS, the SRF loan requires commitment of repayment, and

WHEREAS, There will, in all likelihood be a lag between the time payment is due from SRF
and when Jefferson County will receive payment from funds reloaned,

NOW THEREFORE BE IT RESOLVED, that Jefferson County does hereby commit that portion
of its current expense budget necessary to repay SRF as per the repayment schedule established
in the loan agreement,












                                                                              Page 55











BE IT FURTHER RESOLVED, that all SRF loan funds will be paid in full within ten (10) years
from the effective date of the final loan agreement

APPROVED AND ADOPTED this_  day of                       ,1990.

SEAL:                                    JEFFERSON  COUNTY
                               BOARD OF COMMISSIONERS



                               George Brown, Chairman



                               Larry W. Dennison, Manager
ATT'EST:




Clerk of the Board                       B. G. Brown, Member
Loma Delaney





















                                 Resolution. No. 11-90           Page 56








                        MEMORANDUM OF AGREEMENT
                      SEPTIC SYSTEM REPAIR PROGRAM


WHEREAS, the Jefferson County Planning and Building Department has been designated lead
agency in addressing water quality issues in Jefferson County, and

WHEREAS, the Jefferson County Health Department Environmental Health Division is charged
with the responsi bility to oversee a number of environmental quality programs including the
design and installation of on-site sewage disposal systems, and

WHEREAS, Jefferson County has :received a Centennial Clean Water Fund (CCWF) grant to
address non-point pollution problems or potential problems within the county, and

WHEREAS, said grant contains specific work elements (see Attachment A.) concerning on-site
sewage disposal systems as a potential contributor of water quality degradation, and

WHEREAS, Jefferson County has also received loan funds from the Washington State Water
Pollution Revolving Loan Fund (SRF) to provide low interest loans to individuals with problem
septic systems, and

WHEREAS, the two programs, the CCWF grant and the SRF loan, are intended to work in
tandem to address on-site sewage disposal as a contributor or potential contributor to water
quality degradation,

NOW THEREFORE IT IS AGREED, the Jefferson County Health Department Environmental
Health Division will perform the tasks outlined on Attachment A: including septic repair design
or design oversight, public education, promotion of SRF funds availability to assist in system
repairs, oversight a repair installation and final approval all systems repaired under this program.
The division will keep accurate records of assistance and education provided and transmit the
same to the Planning and Building Department as provided for in Appendix A.

BE IT FURTHER AGREED, that the Jefferson County Planning and Building Department will
transfer twenty two thousand dollars ($22,000) annually to the Health Department to fund the
work elements outlined in Attachment A. The department shall also act as the loan agent for
SRF monies and provide loan assistance to all eligible parties referred by the Health Department.









                                                                                   Page 57








BE IT FURTHER AGREED, that departments will work in mutual cooperation to accomplish.
the goals and objectives of the water quality grant and loan programs and perform the necessary
tasks to ensure their successful implementation.

AGREED THIS   DAY OF                          1990



Cathy Stafford, Administrator, Health Department



AGREED THIS   DAY OF                          1990



David Goldsmith, Director, Planning and Building Department































                     Memorandum of Agreement...Septic System Repair Program              Page 58








                           MEMORANDUM OF AGREEMENT

            AGRICULTURAL WATER QUALITY ASSISTANCE PROGRAM

      WHEREAS, the Jefferson County Soil Conservation District has a program to assist land
owners with the identification of Best Management Practices (BMPs) for the agricultural use of
land; and

      WHEREAS, these BMI's may identify where certain practices contribute to water quality
degradation; and 

      WHEREAS, existing programs to assist the land owner in correcting a water quality
problem or potential problem are limited and may not be available to all land owners; and

       WHEREAS, Jefferson County has secured a loan from the Washington State Water
Pollution Revolving Loan Fund (SRF) to provide financial assistance in addressing non-point
pollution problems; and

       WHEREAS, implementation of BMPs to correct existing or potential water quality
problems are eligible for loan monies.

      NOW THEREFORE IT IS AGREED, that Jefferson County, through the Planning and
Building Department, will make SRF funds available to eligible projects in the implementation
of BMPs, and

       BE IT FURTHER AGREED, the Conservation District will identify projects eligible for
the loan program and notify those land owners of the availability of this program; and

       BE IT FURTHER AGREED, the Planning and Building Department and the Soil
Conservation District will work in mutual cooperation to accomplish the goals and objectives of
the SRF loan program in addressing water quality problems in the community.

AGREED THIS    DAY OF                                 1990
                                                      Roger Short, Chairman
                                                      Soil Conservation District

AGREED THIS __DAY OF                                  1990
                                                      David Goldsmith, Director
                                                      Planning and Building Department










                                                                                 Page 59










                FUNIN .R.G.....
                 .   ..PRO..GRA..MS... ...












          .. Mryan ............Prgra




         ..rr ...... .as.n.. .




U~~~~~~~~~~~~~~~~~~ .....







                                STATE OF MARYLAND:
                     MARYLAND CRITICAL AREAS PROGRAM

a INTRODUCTION

  *      ~In 1984, the Maryland General Assembly passed the Critical Area Act.   The Act
   recognized that human activities on the land adjacent to the Bay have the greatest potential for
   affecting water quality and fish, plant and wildlife habitat in the Bay. The critical area was
*a defined by the Act as a strip of land along the tidal shoreline extending 1,000 ft. landward from
--the water's edge, or from the landward boundary of any adjacent wetland. The Act called for the
   formation of a 25-member commission to develop criteria to guide future land use in the critical
   area. The Maryland Critical Areas Program can be called a growth management program which
   regulates development densities and locations. It is also very significant that the Critical Area
   Law identified that human activity not just development can have a particularly immediate ,and
   adverse impact on water quality and natural habitats. Ile commission was given'power to adopt
   regulations and criteria.

   THE BENEFITS OF ESTABLISHING CRITICAL AREA CRITERIA INCLUDE:

   - THE CRITERIA WILL REDUCE the non-point source pollution loads from development in
   the Critical Area.

   -THE CRITERIA WILL ENSURE proper site design and best management practices for all new
   development occurring in the Critical Area.

   - THE CRITERIA WILL PROTECT valuable fish and wildlife habitat in the Critical Area and
   adjoining wetlands and open waters.

   -THE CRITERIA WILL CONSERVE valuable agricultural and forest land within the Critical
   Area.

   - THE CRITERIA WILL ASSIST counties in adequately planning for future growth and
   development in their shoreline areas.

   LOCAL PROGRAM REQUIREMENTS

         Although the Critical Area Law clearly gives strong state criteria and oversight, local
   governments were given as much flexibility as possible to develop their own programs.







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       The Critical Area Law and regulations establish specific criteria which local Programs
were required to meet. They generally include:

1.     Establishment of an area 1,000 feet inland from the Mean High Water Line or inland edge
of tidal wetlands which must be managed to reduce pollutants entering the Bay. New
development and redevelopment in Intensely Developed Areas are required to
reduce pollutants running off the land by 10%.

2.     Establishment of a minimum 100-foot naturally vegetated buffer along the shoreline to
protect aquatics, wetlands, shoreline and terrestrial environments from human disturbances.

3.     A minimium base of forestry resources which equals or exceeds that which currently exists
must be maintained for the general .protective land use benefits it provides.

4.     Designation of management areas, based on land use existing on December 1, f985
according to one of three types; Intensely Developed Areas, Limited Development Areas or
Resource Conservation Areas.

Each designated category or area is required to meet specific criteria and to follow specific
guidelines for future development. 
To develop the critical area program at the state level the Chesapeake Bay Critical Area
Commission (Commission) was required to address water quality, habitat protection and develop
land use policies. The commission accomplished this by separating activities into categories
which include Areas of Resource Protection and Resource Utilization Development.

DEVELOPMENT ACTIVITIES

       The criteria require local jurisdictions to divide the critical area into three development
zones. The criteria provide minimum standards for development in each of the three zones. The
characteristics of the three areas and the criteria applying to each are summarized below.

1. Intensively Developed Areas (IDA)

These areas are already in predominately high density residential, industrial or commercial uses.












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Characteristics

These areas have at least one of the following features:

1.     Housing density is equal to or greater than 4 dwellings units per acre.

2.     Concentration of industrial, institutional or commercial uses.

3.     Public sewer and water with greater than 3 dwellings per acre.

SDeCifiC Criteria:

   -  New and existing development must reduce stormwater runoff and sediment problems.

   -  Redevelopment must reduce non-point source impacts to streams and tidal waters.'

-      Local jurisdictions are to develop programs which will conserve fish, plant and wildlife
       habitats.

2. Limited Development Areas (LDA)

       These areas have a mix of development and natural habitat.

Characteristics

       These areas have at least one of the following features:

       1.     Housing density between I dwelling unit per 5 acres and 4 dwelling units per
              acre.

       2.     Areas not dominated by agriculture, wetlands, forest, or open space.

       3.     Areas with public water or sewer, or both.

Svecific Criteria

          -  Existing forest land cleared must be replaced on at least an acre-for-acre basis.
          -  Development cannot remove more than 20% of the forest cover without special
              provision.
          -  Man-made impervious areas limited to 15% or greater.
          -  Clustering of dwelling units encouraged in order to conserve fish, plant and
              wildlife habitats. 




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3. Resource Conservation Areas (RCA)

       In these areas, wetlands, forests and farms predominate.

Characteristics

       These areas have at least one of the following features:

       1. Housing density is less than 1 dwelling unit per 5 acres.

       2.     Dominant land use is agriculture, wetlands, forest, barren land, surface water or
              open space.

Specific Criteria

              Residential development within this area shall not exceed a density of one
              dwelling unit per 20 acres.
              Local programs should encourage agriculture and forestry.
              5% of a jurisdiction's land area classified as RCA can be designated for future
              growth to accommodate additional intensely developed and limited development
              areas.

GRANDFATHERING

              The criteria provide guidelines for the grandfathering of lots and subdivisions that
are already recorded or approved. The guidelines allow construction of a single family home on
previously recorded lots, if a house does not already exist.

VARIANCE

       The criteria give local jurisdictions the authority to grant exemptions to the criteria in
special cases. This provision was included to provide flexibility in cases of hardship.














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RESOURCE UTILIZATION

FORESTRY

          -  A forest management plan is required for commercial tree harvest operations that
              affect I or more acres and occur within a I year interval.
          -  No commercial harvesting is allowed within 50 ft. of mean high water of the Bay
              or its' perennial tributary streams, but cutting. for personal use for other limited
              reasons is allowed.
          -  Only Loblolly Pine or Tulip Poplar may be clear-cut in the areas between 50 and
              100 ft. of mean high water. Other species may be selectively cut within the 50-
              100 ft. area.

AGRICULTURE

          -  All farms in the critical area must have soil and water management plans within
              five years.
          -  Farmers must have a 25 ft. filter strip along tidal waters and streams at least until
              a soil conservation and water quality management plan is implemented.
          -  The feeding or watering of livestock cannot occur within 50 ft. of the water's
              edge. Grazing is allowed in that area.

WATER DEPENDENT FACILITIES

       Commercial and recreational activities that require a waterfront location are permitted in
the critical area so long as adverse environmental impacts are minimized.

In addition:

          -  New marinas are allowed in all areas except resource conservation areas.
          -  Community  and  private  piers are allowed  in the critical area, but new
              developments must choose one or the other.

SHORE EROSION PROTECTION

       Although structural erosion control measures may be necessary in areas of severe erosion,
they should be limited and non-structural methods should be used. Non-structural measures
include vegetative stabilization, grading and  alteration of near shore. vegetation.   Local
jurisdiction are to identify areas of low or high erosion rates.







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SURFACE MINING

       Surface mining operations are regulated under existing State law. Local j urisdictions are
required to identify areas of potential mineral resources as well as areas were surface mining
would be detrimental.

RESOURCE PROTECTION

HABITAT

   -  Local jurisdictions will be required to identify and protect special wildlife and plant
       habitats including fish spawning grounds, non-tidal wetlands, endangered species habitat,
       colonial bird nesting sites, historic waterfowl staging and concentration areas and riparian
       forests.
   -  Development sites must incorporate a wildlife corridor system to provide continuity for
       existing habitat.

BUFFERS

   -  A minimum 100 ft. vegetated buffer along tidal waters and streams is required for all new
       development in all areas.
   -  Private and community piers are allowed in the buffer.
   -  Water dependent facilities, such as marinas or highly developed areas may be exempt.
   -  Certain areas may be exempted from the buffer.
   -  A 25 ft. buffer must be established around non-tidal wetlands.
   -  Commercial harvesting is not permitted in the buffers within 50 ft. of tidal waters,
       wetlands and tributary streams.

BACKGROUND

       Although public knowledge was growing that the Chesapeake Bay was deteriorating, the
Chesapeake Bay Study carried out by the Environmental Protection Agency started to give a
comprehensive assessment of the problem. In 1982 some of the results of the study were
released and the State of Maryland began discussions with Virginia on how to clean-up the Bay.
It was also recognized that Pennsylvania and the District of Columbia needed to be principal
partners in any effort to save the Bay.

       To prepare for a Governor's Conference on the Chesapeake. Bay a work group was
established in Maryland. The group developed the critical areas concept, presented it, at the
Governors Conference and followed through with legislation. The group was known as the Wye
Group and included:

Initially - John Griffin: Governor's Staff
Torrey Brown: Secretary of Maryland Department of Natural Resources

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Lee Zeni: Director of the Maryland Tidewater Administration
William Eichbaum: Assistant Secretary of Department of Health & Mental Hygiene
Others:       Verna Harrison: Governor's Staff
              Ellen Fruites: Governor's Staff
              Wayne Cawley: Secretary of Department of Agriculture
              Constance Linder: Secretary of State Planning
              Ian Morris: Director of University of Maryland

       Based upon programs within Maryland and other parts of the United States, such as the
Adirondack Preserve and the New Jersey Pinelands, the concept of the Critical Areas Program
began to materialize. Lee Epstein lawyer was asked to draft legislation based upon'this program
review and input from the Wye Group.

       At the December 1983 a Bay Conference Governor Harry Hughes of Maryland described
the concept of the Critical Area Program. At the conference the Governors of Virginia, Maryland
and Pennsylvania and the Mayor of Washington, D. C., officially acknowledged that the
Chesapeake Bay was deteriorating, that state and federal programs were inadequate to address
the problems and new actions had to be taken. The Critical Areas Program presented by
Governor Hughes was one of the boldest proposals to be presented at the Conference.

       The passage of the Critical Areas Law in 1984 required extensive involvement of the Wye
Group as well as public information activities by the Chesapeake Bay Foundation. Steve
Bunker and Ann Swanson of the Foundation worked extensively with the public to increase the
understanding of the program and to build public support. Although substantial revisions were
made to the draft bill, this core group was essential in building public support, maintaining the
strength of the legislation and to provide leadership during the program development. Since the
Critical Areas Act was controversial there were 28 different bills introduced to prevent
implementation or weaken the Act.

       After the law was passed, the newly formed 25 member Critical Ar ea Commission was
faced with a deadline to promulgate criteria by December 1, 1985. Administratively the deadline
was very tight since the Commission meet for the first time in October 1984, hired staff in
January 1985, and had to have the initial criteria proposal for the public hearing process by May
of 1985.

       To develop the program subcomm, ittees were established on Development, Resource
Utilization Activities and Resource Protection.

DEVELOPMENT SUBCOMMITTEE

       The Development Subcommittee was faced with the issue of accommodating growth,
while addressing the main objectives of the law to improve water quality and protect valuable
habitat. A general policy was developed to keep future development to areas of existing
development. Recommended uses were non maritime heavy industry and transportation facilities,

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landfills and hazardous waste storage and disposal facilities. A significant difference in the
Maryland Critical Areas Program from other programs across the country was the charge to
consider the number, movement and activities of people which can. cause an adverse
environmental impact.

      The Development Subcommittee developed several concepts which became incorporated
into the Critical Areas Criteria.

          -  Water  Quality improvement was  required from  new  development and re-
             development. A goal of 10% water quality improvement was set. The
             improvement could be on or off-site, which provided the opportunity for a.
             watershed or regional approach.

          -  Forest removal limitations were set which require, a one-to-one replacement..

          -  The subcommittee adopted a I to 20 acre development density on the Resource
             Conservation Area based upon other eastern United States Programs.

          -  Local jurisdiction were given the option to utilize "growth allocations" to
             accommodate future expansions of development.

RESOURCE UTILIZATION SUBCOMMITTEE

       Discussions by the Resource Utilization Subcommittee focused on forestry, agriculture,
surface mining and aquaculture. The general concerns for forestry included carrying out forestry
practices in an environmentally sound manner, encouraging reforestation and urban forestry
programs and maintaining or establishing forest buffers. The agricultural criteria included
requirements for soil conservation and water quality plans and required implementation of Best
Management Practices. Surface Mining would have to observe the buffer and habitat protection
requirements of the critical areas program, but existing State surface mining regulations seemed
adequate. Aquaculture was a new and controversial subject which the subcommittee noted but
deferred to future regulations.

RESOURCE PROTECTION SUBCOMNMITEE

       The major concerns of the Resource Protection Subcommittee included tidal wetlands and
the extent of their current protection, shoreline buffers, affect of upland development on aquatic
resources, identification of unique habitats and habitats which need protection from development.

       "After intensive review, the subcommittee decided that existing State and Federal
programs governing dredging, waterway construction and the alteration of tidal wetlands were
adequate, and that any further regulations by the Commission would be duplication. The saiie
conclusion was reached for direct imports of fish spawning areas and submerged aquatic


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vegetative beds." The subcommittee therefore focussed on the affects of upland development and
the protection of non-tidal wetlands.

DEVELOPING LOCAL PROGRAMS

      The Critical Areas Law requires that the 61 local programs be completed in 270 days after
the state wide criteria had been approved. With some of the 270 days being taken up by
organization and administrative tasks very little time remained. To facilitate quick action,
significant grants were awarded to local jurisdictions and considerable flexibility was permitted
for them to develop their programs.

Major issues included:

       1.     Mapping: The Commission favQored Resource Conservation Areas while the. local
             jurisdictions wanted to maximize Intensively Development Areas or Limited
              Development Areas.

       2.     Differences occurred when defining areas served by sewer and water or planned
              to be served and how this affected the definition of Intensively Developed Areas
              or Limited Developed Areas.

       3.     Infill or adjacent areas affected the interpretation of certain parcels. A minimum
              of 20 acres was decided as an indicator of a Resource Conservation Area.

       4.     Several local jurisdictions proposed the concept of density averaging.  Under
              density averaging, a cluster of homes would be accounted for on a per acre basis
              and would affect neighboring parcels. The Commission could not accept this
              concept.

       5.     The development of the local programs was on a tight schedule. Several local
              jurisdictions submitted their local programs without the implementing local
              ordinances. Another difficulty arose because there was no provision for partial
              approvals. The Commission did have to develop and take over 12 outstanding
              programs on December 1988. Several of these programs have since been
              approved.

       The accomplishments of the Critical Areas Commissions were summarized in 1988. The
accomplishments included:

Development

           -  Adopted a comprehensive land-use management strategy based on the intensity of
              existing uses.


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          -  Focussed or contained new-'development in or adjacent to existing developed
              areas.

          -  Limited the extent of new development in areas presently in low intensity uses.

          -  Recognized variations in water quality protection associated with different land
              uses; adopted measures to maintain and expand forested areas for their water
              quality protection benefits.

          -  Rejected sole reliance on on-site stormnwater management and sediment control
              measures for non-point source pollution abatement; specified other means to
              accomplish this purpose by limiting impervious surfaces, protecting forest lands,
              avoid development altogether in sensitive areas, and by encouraging various other
                 programs such as urban forestry.

          -  Provided for programs and measures to address non-point source pollution in
              urban areas.

          -  Limited new development that could occur directly on the shoreline to that which
              is water-dependent, and mandated setbacks or buffers for other forms of
              development.

          -  Generally limited the location of new intense water-dependent facilities to areas
              already intensely developed.

          -  Recognized the importance of naturally vegetated buffers in protecting aquatic
              habitats from the adverse effects of adjacent development.

Aariculture

          -  Adopted growth management policies specifically directed at maintaining lands
              in agriculture.I

          -  Addressed non-point source pollution problems associated with agriculture by
              requiring the preparation of Soil Conservation Plans and the adoption of BM4Ps for
              all farms in the Critical Area.

          -  Specified, as a required BMP, that certain setbacks would be required for various
              agricultural activities.

          -  Limited disturbances to important habitat areas that may caused by agricultural
              activities. 




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Forestry

          -  Mandated the preparation of Forest Management Plans for significant timber
              harvesting activities.

          -  Required.timber harvesting operations to address both water quality and habitat
              protection measures.

          -  Specified setback requirements to prevent adverse effect of aquatic habitats from
              timber harvesting.

Surface Mining

          -  Required new mining operations to avoid areas of important habitat, and to
              observe the minimum 100-foot Buffer.

Shore Erosion

           -  Discouraged the installation of erosion control devices where no significant
              erosion occurs.

           -  Promoted the use of non-structural erosion control measures where they are
              practical and effective.

Habitat Protection

              Provided regulations and other measures whereby local jurisdictions are enabled
              to identify and protect important habitat areas; incorporated these features into
              local law ordinances.

           -  Recognized the importance of natural buffers adjacent to waters and tidal wetlands
              for maintaining transitional and riparian habitats.

           -  Enabled protection of non-tidal wetlands from activities would cause direct or
              indirect impacts to the wetlands.

           -  Protected the habitats of threatened and endangered species and species in need
               of conservation, and forest-interior dwelling birds.

           -  Protected the aquatic staging and concentration areas of waterfowl.

           -  Protected designated Natural Heritage Areas. 

           -  Enabled jurisdictions to protect habitats of local significance.

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          -  Enabled the designation and protection of 60 specific habitats of threatened or
              endangered species or species in need of conservation; 23 Natural Heritage Areas,
              and 11 habitats of local significance.

          -  Established a means for local jurisdictions to address habitat protection on a
              broader geographical basis than the individual parcel of land.

Public Lands

          -  Required the same degree of water quality and habitat protection and growth
              management on public lands as that required on private lands.

          -  Ensured that State and local agency programs are conducted in a manner
              consistent with the criteria for private actions.

       The summary identified several key factors which lead to establishing the Critical Area
Program.


       1.     There was widespread public awareness and support to clean up the Chesapeake
              Bay.

       2.     The strong support of Governor Hughes was essential so the legislation was not
              weakened and financial support was provided.

       3.     The Commission had good leadership and was supported fully by its members.

       4.     A key factor was the provision of State funds to the local jurisdictions. "tThere is
              little doubt that, about these funds, few of the jurisdictions would have been
              willing or able to participate in the Program."

       5.     There was a wealth of information available to the Commission.

       6.     Other factors:
              Organization and/or staff support
              Decision of Baltimore to be included in the Critical Areas Program
              Support and contributions of the private consulting committee in developing local
                     plans.

       After an analysis of the program, the following comments were made:

       1.     The  program  should  be judged  on  water  quality  and  habitat protection
              achievements.


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       2.     Present sources of pollution were not fully addressed.

       3.     The program will prevent further deterioration.

       4.     The program will be'difficult to evaluate because it may be a reduction in the rate
              of pollution and may not stop pollution all together.

       Since the program is implemented at the local level many incremental decisions and
actions will be taken. These will be very difficult to evaluate.~

PROGRAM RETROSPECT

       By December of 1988 the Critical Areas Program was past the development stage and
fully into the implementation phase. A series of interviews were carried out in the spring of
1992 to see how the program was working and what thoughts people involved with the pro~gram
could share.

Chesapeake Bay Foundation: Rubert Friday

       The Foundation played a key role in 'the development of the Critical Area Program by
providing two staff people who extensively participated in Commission meetings and
subcommittees, organized and participated in many public information activities and helped
prepare background information documents. These full time people gave the necessary support
to many of the legislative and agency leaders. This staff support was essential. Steve Bunker and
Ann Swanson were the supporting staff. A detailed review of the program would be very difficult
and currently it is hard to evaluate the success of the program in the various local jurisdictions.

Steve Bunker (formerly of the Chesapeake Bay Foundation)

       The Critical Areas Program is a hard program to judge success. Since the program is
evaluated on the basis of slowing down or reducing rates of development or reducing the rate of
pollution, successes vary from jurisdiction to jurisdiction and the type of issue. There has not
been a formal evaluation of the program. Such an evaluation could be very difficult and a
massive effect. It would be hard to be quantitative since the program varies so greatly in local
implementation. The overall impression is that development in the critical areas has slowed and
the rate of pollution has been reduced.

       One of the key factors in getting the program underway was significant grants of up to
$100,000 to each county. Without continued financial support staffing is currently a problem in
many counties to carry out the program so there is beginning to be a difference, in the
implementation due to the local jurisdictions commitment and financial status.

       The water quality benefits of the program may be a factor of the degree of activity and
regulatory effort. Construction runoff may have been reduced significantly. Agriculture and

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Silviculture activities and the resulting water quality benefits of using Best Management Practices
in the Critical Areas Program have not been fully established.


SARAH TAYLOR, Executive Director Chesapeake Critical Area Commnission

       The Critical Areas Program is in the fourth year of full implementation. As a state issue,
it is receiving less attention as the Act becomes part of business as usual, but continual oversight
is necessary to keep the Act strong by defending legal challenges and legislative amendments.
The original legislation probably would not have passed if the state did. not include local
implementation and then $1.2 million dollars to help local jurisdiction develop the regional plans.
Sixteen counties and 42 towns needed to take action. Another key to the success was -the,
technical assistance provided by the Critical Areas Commission Staff, courtesy of science
advisors and seven planners, and staff the Chesappake Bay Foundation who essentially functioned
as circuit riders during the planning process. The critical area program produced some -significant
benefits. A major benefit of the Act is the affect on new subdivisions which now need to clearly
consider water quality and habitats. There has been a distinct reduction in the number of
subdivisions and the subdivision plans which have been submitted have greatly improved. A
benefit which is impossible to quantify is the on-the-ground change of philosophy in doing
business. The attitude of the developers and local jurisdictions are reflected in the plans that are
submitted for review and show a greater concern for habitat and water quality.

       It will be impossible to judge all the spin off activities that were generated by the Critical
Areas Program. For example when USDA needed to define the Highly Erodible Lands. By using
the critical areas maps the job was made much easier. USDA also used the critical areas to help
target areas for cost sharing conservation practices and priority conservation planning. Several
local jurisdictions expanded certain concepts of the program. For example Calvert County
developed a fee program for timber removal which can fund non point source pollution projects.

       The Critical Areas Program may be viewed as part of an evolution in program
development. Although it did not pass, a much more comprehensive program outlined in
Maryla~nds 2020 Report suggested similar approaches be used throughout Maryland. Fresh water
wetlands programs have been developed, a forestry law was passed and several other programs
such as the Coastal Zone Management and Non Point Source Pollution Programs have targeted
their efforts within the critical areas.

       On a national level the Maryland Critical Area Program has been used to help develop
programs in Puget Sound in several National Estuary Projects and in many states such as New
Jersey or Oregon as they developed wetlands or shoreline protective programs. Although a
quantitative evaluation would be very difficult, there are several ways that evaluations are carried
out for the Critical Areas Program.





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1.     Environmental groups and key interested people basically provide an oversight as program
       watch dogs. The program can expect challenges over the next few years so the program
       advocates can become part of the review and litigation processes.

2.     If a local jurisdiction blatantly ignores the Act, they can be taken to court.

3.     If the commission sees a clear mistake in the local programs they can send notification
       of the mistake and the local jurisdiction will have 90 days to correct it. If they do not
       correct the mistake, they cannot get any other permits..

4.     There is a regional program review every four years.

       Since agriculture accounts for 70% of the land use classified as critical areas, the issue
       of voluntary compliance is a concern. With the USDA requirement on the highly erodible
       lands is helping with compliance.


BILL CLARK, District Manager, Calvert County Conservation District

       In the critical area all farms are required to have a conservation plan. 95% of the farms
are under a plan and with 87.5% cost share available for many conservation practices many
farmers are implementing the plans. A major problem is staffing to get the work done. In
Calvert County 33 farms are signed up for plans but the technical assistance is not available.
Due to recent budget cuts two positions provided to the District by the Maryland Department of
Agriculture have been lost.

       The Critical Area Program gives a clear incentive for farmers to take action. Each
landowner was notified that a farm plan was required and it needed to be implemented. Critical
areas were given priority for cost share approvals and some cross compliance with Integrated Pest
Management and Nutrient Management was required. The response was high and even the
absentee landowners, who are usually a difficult group to work with, signed up for new or
revised farm plans. 'Mere are over 600 parcels which can qualify as farms with about 35 real
active full time farmers in the county. Getting the actual on the ground work completed is a real
challenge with part time and absentee farmers. With an increased consciousness for the Bay and
conservation practices which are getting installed, pollution loading has been reduced.

       The Conservation District also assists the county with erosion and sediment reviews. As
a result of Critical Areas Program and other programs, erosion and sediment control standards
are very high. In Calvert County, the District reviews subdivisions and now finds that plans
consider a high quality of Best Management Practices for Water Quality.






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DAVID   BROWNLEE,  Calvert County  Planning Office

       The Maryland Critical Area Program provided funds for an environmental planner. This
was critical for getting the job done. From a County perspective the State Board of Appeals is
dealing with too many cases. More flexibility in the program would reduce the number of
appeals. Over one third of the State's workload on appeals are from Calvert County. Many of
these could be taken care of as administrative decisions.

       The program has had a clear affect on Forestry activities and clearing is infrequent on the
50 - 100 foot buffer study. Other clear reductions in pollution loadings are a result that:

       -      People who would have built up to the waterfront are now restricted to a setback,
              as well as setbacks for septic tanks and other activities. There is also an open
              space requirement.

       As a very active County in terms of development, the staff saw several ways the program
could be improved.

       1.     There should be more local authorities for administrative appeal. This would stop
              some of the cases going to the Board of Appeals.

       2.    The breakdown in lot sizes in 1/4 acre to five acres is too wide a variation. Two
              acres is a more significant cut off in terms of lot grading etc., and environmental
              concerns.

       3.     The public consciousness needs to be raised further. There is now a perception
              that the 1,000 foot buffer is all that is needed for water quality protection. An
              overall standard for water quality needs to be meet.

       4.     To fully accomplish the goals of the critical areas program, there needs to be more
              land purchases and/or easements which can help reduce the taking issue.

       5.     Since non point source pollution is a watershed problem, the buffer needs to
              extend up the tributary and take more of a complete watershed approach.

       6.     Performance standards would be preferred over the current criteria, but they would
              be very difficult to implement and interpret.

       7.    The state needs to have more confidence in the County Programs.  There is
              currently too much paper work required.






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EFFECTIVENESS ASSESSMENT - MARYLAND CRITICAL AREAS PROGRAM

       In establishing the Critical Areas Program there were five targeted benefits. Although-
there has not been a comprehensive review of the program by interviewing a variety of people,
the success of the program has been significant. Without the comprehensive review and a
documentation of results the Critical Areas Program is not being fully credited.

1.     The State, the Chesapeake Bay Foundation, the county government and the conservation
       district people all had a perception that non point source pollution from development has
       been reduced. Standards and overall concern about water quality affects from pollution
       have increased.

2.     With increased standards and specifications site design and best management practices for
       development have improved.

3.     By the required set backs, conservation practices and reduction of the impacts of
       development and resource utilization activities, valuable fish and wildlife habitat has been
       protected.

4.     Agriculture and Forest Lands are being conserved through restoration or Resource
       Conservation Areas.

5.     As a result of the critical areas program, many counties became much more active w ith
       environmental issues. Although the level of concern may vary between land jurisdictions,
       where there is a pro-active local government the critical areas program may have been
       a significant catalyst and successful example exists.

6.     The Critical Area Program requires urban best management practices to help mitigate
       potential water quality impacts associated with stormwater. The 10%/ Rule targets a 10%
       reduction in pre and post development from the entire development site. The 10% Rule
       has been successful but it still remains unclear as to what pollutants, how are they
       calculated, how effective are the BMP's and how are offsets handled.

       The water quality benefits are hard to quantify, but based upon comments which showed
evidence of change, the Critical Area Program will have a very significant affect in reducing the
rate of pollution that would have occurred without the program.

       The implementation of the Critical Areas Program is based upon local implementation.
Calvert County was recommended as a good example of successful implementation. The
successes included:

       1.     The Critical Areas Criteria is incorporated into the County Codes.  There, are
              resource people to assist with project reviews and the planning office can verify
              that development patterns have changed with the critical. areas program in place.

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              In addition, the use of Best Management Practices associated with development
              have become stricter.

       2.     The Conservation District verified that the farmers got the clear message that
              conservation plans and the implementation of the plans were'required in the
              critical area. Over 95% of the farms are signed up for conservation planning.

       With the county being so active a major concern is the number of cases that have to go
to the Board of Appeals. It was recommended that the County begin more administrative
authority for these decisions with a periodic review by the Commissioner. The Conservation
District has the basic problem of follow through. Without funding for technical assistance, the
farmers signed up for conservation planning, but the implementation has been severely delayed.


  :COMMENTARY   0::               l            ::.

         The passage :of the Critical Areas Act :and implementation of the program was
 ';abased ;:pon strong political leadership, a good :understanding by:  thpublic oftttie need"
 ::o take action to savethe ;By, a good base of factual information and then additiona: 





  te :local requirements.

          A  se::seof need   dWand hi              essential i    veloping   a  ucsful
   p troa      te has passed, to e Crfistical Aresroam s: becmin  bus ss afs sa

   develo pmentressures thel pra ms ieffectiveness has been reduced.
             'i~p;EM .y.  -Crit.c    ::: i  :or                                       Pag 


                                                    ::                       :
















                                 Maryland Critical Areas  Program                      Page 77







                     CHERRY CREEK BASIN, COLORADO
          CHERRY CREEK BASIN WATER QUALITY AUTHORITY


 :SUMMARY

        The Cherry Cre   Basin   at::  QualityAu thority (Authority),f: an:edin 1988m is-
 the result of long  term  cooperative effortsby different evels of government:  improv 
 :  water quality in the CherryCreek:Basin,      erry Creeks i- loatd iin the Denver:-
] Colorado metropolitan :area and is u;sd extnsively for ecreation includmgi swimmg:-
  and fishing. Due to high::phosorousloadings, the reservoirwas:ibecomng :euttophic.:
 ;'The formation of the Auority provided a :fom to .discuss and implement basinwide
 actions, provided  a mechansm to fund polluion icontrol activities, includimg onpoint:
  source pollution control and  hassuccessfully achieved water quality m: novements   :..

        :The keyi goal::of the 1989Cherry Cr:e i:Bin :WaterQuaty'.aent
  Plan. ::is to reduce phosphorous loadings in the bas    Efforts are undewa.    i duci
  nonpoint loadings of phospshorousby; ffty pementin:te next :five  e :    :l n to]nto
  point loadings as population and land use changes occur minthe, futur. The:prmI! pl:
  strategies being :utilized to reducephosphorou ::include erosion ::and i.: iment  oatro
  wetland construction and management dredging, wastewater plant :regulationsreduction i
  in stormwater runoff and best management practices. 

         Funding of the Cherry Creek:Basin Watemr Quaty :  Authoty :s:de:ive:-:om
  recreational fees, develment feesandproperty          i ssments  Theloal unding  is4ten0-
  used to stimulate stateiand federal.funding.  Th:eCherry Creek Bain Water- Quality
  Authority has a.finacial 0capacity in 1992togenerte owr  four million dosq  in



INTRODUCTION

      The Cherry Creek Reservoir is located in the Denver Metropolitan area. The reservoir
was built in 1960 by the Army Corps of Engineers and the Colorado Division of Parks and
Outdoor Recreation operates a 3,500 acre state park adjacent to the reservoir which records over
1.2 million visitor days per year. The watershed for the reservoir is 384 square miles. A unique
feature of the reservoir is that its water outfall is based upon ground water recharge. Relief wells
are only utilized in high flow situations. The reservoir provides 2,000 acre-feet of groundwater
recharge annually.

       l hrough a series of studies, which identified that the eutrophic conditions of the reservoir
were caused by phosphorous loadings, and that the local governments in the watershed wTere
willing to work cooperatively, an agreement was signed in 1985 to form the Cherry Creek Basin
Authority.

                                                                                   Page 78








In 1988, the state legislature passed an act to create the Cherry Creek Basin Water Quality
Authority.

       Studies determined that 14,270 pounds of phosphorous entered the reservoir on an annual
basis. Of this amount 10,290 pounds of phosphorous were identified as the result of nonpoint
source pollution. The goal of the Authority is to achieve the 0.035 milligram per Liter of total
phosphorous standard set by the Colorado Water Quality Control Commission to protect the
water quality of the reservoir as population and development. increase. The Authority has
developed both point and nonpoint source pollution control strategies to meet these goals.

PROVISIONS OF THE ACT

       The Cherry Creek Basin Water Quality Authority was created by House Bill No. 1029.
The Act clearly defines the role of the Authority in the area of water quality and specifichlly
states the boundaries of the basin. Members of the Authority include representatives from every
county, municipality and appropriate special district within the basin. Ex-officio members include
the soil conservation districts and others, such as state and federal agencies, as appointed by the
authority members.

Powers of the Authority include:

       * To develop and implement water quality plans
       a To conduct water quality studies
       * To provide incentives, credits and rewards for pollution control benefits
       * To recommend maximum loads of pollutants
       *  To recommend standards for erosion control, stormwater management and septic
          systems
       * To incur debit, issue contracts, enter agreements, own and manage property
       * To establish rates, tolls, fees, charges and penalties for services, facilities and
          programs
       o To establish recreational fees
       * To levy and collect taxes
       o To issue bonds

  The Authority may cooperate with drainage and flood control activities through coordination
with local urban drainage and flood control districts.









                      Cherry Creek, Colorado... Basin Water Quality Authority            Page 79






FINANCES

       The Cherry Creek Basin Water Quality Authority generates funds in several ways.
       ï¿½ A .5 mill levy property tax is collected by two counties
       ï¿½ A fee of 3 cents per square foot on commercial building permits and impermeable
          surfaces
       * A fee of 5 cents per 1,000 gallon discharge flows for sewage treatment facilities
       * A fee of $3.00/yr for vehicles using the state park
          A building permit fee of $50.00 per residential unit.
          A fee for grading of $280.00 per acre

       The fees are collected by the local governments and the state park as appropriate and then
paid to the Authority. These fees are expected to generate the following revenue for 1992:

       Wastewater surcharge                         $32,000
       Building Permits                             $33,250
       Property Tax                                 $406,000
       Special Ownership Tax                       $21,000
       Recreation Fees                              $131,000
       Interest Income                              $20,000

       It is expected that the Authority will use these local funds to match other state and federal
dollars. In 1992 total activities in the basin could be over four million dollars.

WATER QUALITY ACTIVITIES

       For point source pollution, the Authority has given priority to reduction of discharges
from waste treatment facilities. Each facility is given a limit for phosphorous discharge of a
specific number of pounds per year. Water reuse is given a high priority since the basin is highly
dependent upon ground water aquifers which can be recharged.  Septic systems are being
evaluated to establish phosphorous performance standards. For example, certain soil types used
in septic systems can effectively remove 95% of the phosphorous.

       Nonpoint source pollution control activities to reduce phosphorous have included erosion
and sediment control, wetlands development and management and storm water management. The
Authority will focus primarily on urban activities, while agricultural activities are being addressed
by state agencies, the soil conservation districts and various USDA agencies.

       Ongoing activities include water quality monitoring, dredging of the reservoir, building
a sediment pond/wetlands area, evaluation of an alum treatment program and technical assistance
for coordination with local governments for water quality activities.




                       Cherry Creek, Colorado... Basin Water Quality Authority            Page 80










        ::T   Cherry  Creek Basin :Wateri iQuity Authoi tyi : the resut :of a :wll
 c::ument.d water quality Mproblen, higt  public supportiandte:willinness :of local 
: ov rnr nts to: work together: The   oal gove ents   d varioussta    d federal:
   ageies::had been working- formanyyears, beg nwi:    EPA           ion 2   grant in
h:S'.  s.entis. :Te frst formal organia    ad ater    Authorityhae advocat sng - '
 conos  at he :local level. T:e  operaton     the Authr       - is accmlishe  through
 variou contrcted services. Both of these philosopis prevent a new buraracy from 

gui- e . :for organizing .a :asi'wide en:fforto"ne from the Denver.Rcgional Council of






:     .; Che:   Creek  Basn       r::i:::::::
 nni    t sourcepoutioncontrol.Throughlocalinitiative          hre     d in tion
ofth:-    Authorityin a timiie oftighdt budge, it thas geneted at significmat resouc base




  :ipement i-  water.qualit: plan              i  outatities and proc:  which: ha
 clea ii~rlytiiriyi::i:-j':cb :-:: :r:::s:::e d:: :  ::w::::O:::::-::::-:  -  i  - w:  it






















                     Cherry Creek, Colorado... Basin Water Quality Authority         Page 81












          TO FEND~~~~~~~~~~~~~~~~~~~~~. N.1......RGRAM






..a' ..e .ytm ....../Frtlie ...er







                 IOWA'S GROUNDWATER PROTECTION ACT



:SUMMARY

  :-The.State of lowa has initiated several unique conservation progrswhichwhen ::
 . combine withtraditional approaches, provide significant levelsof fundg to  ompli
-: a   dbro  ispectrum of nonpoint source pollution :projects and program Te  round Water
 Prot :ti:n Act of 1987 sets up various funding mechanisms to address polluton: from
 agricultural:activities, solid waste:disposal, household hazardous wastes, storagetanks,
 :i:iztrs ipesticides and ladfi:ls.:The  ct is xpted to generate383-$46 million over
 a: fiV-   ear period and also utilizes $17.5 million :of oi-overchargefunds.: Te :Act
establishes fiveaccounts ::::  :
                          :   :  .:.::. :;f. ':.:...0.: ::.'SSS::':; f:~:S:..-'  :..   !:'-:.. ï¿½ :  :-: .
 .ACCOUNT PURPOSE   FUNDING SOURCES  EXPECTED ANNUAL
                    t..t 0 ..t~~~~. ,,t    i.f. XREVE.NUE::-: i::

 Solid:Waste Account          Tipping  Fees            :$4.41 m  li e .:

 AgriculturalManagement       PesticidelFertilizer       $3.59 mil on-

  Household  Hazardous Waste  Retail Permit F:ee         $0.93 miin:-

 Storage Tank Mgmt.           Regfistration Fe$0.45 million





 !:jes :  . s   h 'a eBig:.:Spring Demontration :Project,  have: been able t s ::t ::both
 en onmentaland eeonomicbeneisof water quaity abate ment activities: Therefre
...:    theAct was proposed, there was pubic.and:politica support toetablish fee in-
:i.:.troeralareas such:as :agriculmral pesticdes and fertilizers. In addition at the same 
"-tim:he a::rious fees were :tabished, :an.xtensijve :information and education program
 was inihiated to promote intedgrpe  managemet and nutrient managementprograms.
.. :.':. :   11:!s:-:0"' '': :..ect, .hav: bwn  'able   both:






    The Iowa Groundwater Protection Act of 1987 is only one .program :that :is :being used
 to abate i nonpoint source polution.: At least:nine other:programns canbeidentified that
  i::worko ine sombination a with p the Act. These programs include the Publicly :Owned :iakbs
 Programacreost .shares soil:couservation p     ractices),  the ResourcefEnhancement : and
 ProtectionAccount  (REAP) whichcarries outsoil an water enhancement :programs,  an
 ::s ntegrated Farm   anagemet Demnstration Program,  tanhe Model Farms Demonst ration
 Project:and various existing EPA and USDA :water quality programs.

    ::The Iowa    Ground Water Prote ction    Act of provides osign ificat al furabig ustoed
 match;federal:funding for water quaity programs.
.::.:::::::::- .;5...  : .':0:': ... :??::  :  '"' :  .:.:::.: i   ::: :: i :: :"  :i:! .: .:....:







INTRODUCTION

   The Big Spring Basin Demonstration Project, located in northeast Iowa, gave State agency
and resource people the base data to clearly identify ground water pollution problems associated
with agricultural pesticides and fertilizers. Big Spring has been monitored for water quality from
the 1950s and- the monitoring results portray the trends of fertilizer and chemical use in the basin
over time. Iowa citizens who depend heavily on ground water resources have become concerned
with the potential health risks of ground water pollution. Based on the specific information
developed through the Big Spring Project and a growing public concern about ground water
contamination, there was strong support to enact and implement the Iowa Groundwater Protection
Strategy of 1987.

PROVISIONS OF THE ACT

  The goal of the Iowa Groundwater Protection Act of 1987 is to "prevent the contaminatidn of
ground water from point and nonpoint sources of contamination to the maximum extent practical,
and if necessary to restore the groundwater to a potable state, regardless of present condition, use
or characteristics." Through the Iowa Groundwater Protection Strategy of 1987, thirteen potential
sources of ground water contamination were evaluated for legislative action and are addressed
by the Act in various ways. The Department of Natural Resources was designated as the
coordination and administrative agency.

  Duties of the Department of Natural Resources include water quality monitoring, establishing
standards for ground water quality, mapping of groundwater hazards, maintaining and
disseminating groundwater data, developing a geographic information system, developing rules,
taking enforcement actions and developing a comprehensive education program. The Act
specifically puts a strong emphasis on information and education.

  The legislation authorizes the establishment of a Ground Water Protection Fund. Revenues
collected for the Fund are received by the state treasury and the funds are deposited in five
accounts which are dedicated to specific purposes. Funds from one year can be carried over to
future years. Both point and nonpoint source pollution activities are eligible for funding through
any of the accounts. A summary of the accounts is as follows:

SOLID WASTE ACCOUNT

       A $3.50/ton tipping fee is collected. Uses of the money include funding for the Waste
Management Authority, University of Northern Iowa Small Business Assistance Center,
Department of Health, development of monitoring guidelines, implementation of demonstration
projects such as recycling, assistance for local

landfill agencies, planning and abatement. The Solid Waste Account could generate $4.41
million/annually.


                               Iowa's Groundwater Protection Act                       Page 83







    AGRICULTURAL MANAGEMENT ACCOUNT

           Registration and license fees are assessed on pesticide dealers. Ile pesticide dealer fee
    is based on 0.1I% of gross annual sales; a pesticide product registration on manufacturers ranging
    from $250 to $3,000 per year, based on 0.2% of gross annual sales in Iowa. In addition there is
    a nitrogen fertilizer tax of $0.75/ton based on an 82%-N solution. Funds are used by the
    Department of Health, the Leopold Center for Sustainable Agriculture, rural water supply testing,
    to close old wells, to establish the Center for Health Effects of Environmental Contamination,
*and to the Department of Agriculture and Land Stewardship for incentive programs involving
    sinkholes and agricultural drainage wells. A total of $3.59 million may be available annually in
    this account.

    HOUSEHOLD HAZARDOUS WASTE ACCOUNT

           Retailers selling household hazardous materials will pay a yearly fee ff.$10-100 6ased
    on gross sales. The money in this account is used by the Department of Public Health, for grants
    to local organizations for recycling/reclamation projects, for Department of Transportation oil
    collection pilot projects, for toxic cleanup days, for education programs and for administration.
    About $0.93 million annually should be available to this account.

    STORAGE TANK MANAGEMENT ACCOUNT

           Fees for storage tank registration are $10 with an annual fee of $15 per year for tanks
    over 1,100 gallons. These funds will be used by the Department of Public Health, for a regulatory
    program by the Department of Natural Resources, by the Division of Insurance and to assist with
    remedial cleanup efforts. About $0.45 million per year are the estimated revenues for this
    account.

    OIL OVERCHARGE ACCOUNT

           These funds are a result of legal settlements of overcharges for petroleum products. A
    total of $17.5 million may be available over 5 years and may be used for agricultural energy
    management, waste to energy/solid waste management and energy resource development.
    Specifically the Integrated Farm Management Demonstration Program and the Big Spring Basin
    Demonstration Program have utilized these funds.

           Specific duties are assigned by the Act to the Department of Natural Resources, to the
    Department of Agriculture and Land Stewardship, the Department of Public Health, the State
    University and the Iowa Cooperative Extension Service.







                                   Iowa's Groundwater Protection Act                         Page 84








    CMMENTARY:
    i:~ ~ ~ ~ ~ ~ ~~~~~~: :  :E~S :  iE :.:7X  :: ::i;i i  : :: : !:ii:::::t::Ed :S -i:-i-:i  i;:fEL: :   i V:XEi:: i iLR:ii;:E:;     : ::i: :00000007  ii;i-ijSll,  :::;:::;ffEiiiiiiiiii  ii:- i~
    :t:  :.:.t:::C0iS i:;:  i!:   ;VET: ff :- l: : -: ---l i: ' : t:  f::  i:  Xl-l-i~-i  ::  X Al :  i:: : i :X: :.I :il:S  i44 ;  : :  t  t::-iii
    0The,' 0"passage of theIowaGrounae lErottionA-ct ofl '17at  resultfof sv
                _  .i..  - ..W  A: .  i.t.i .w  ro  doE~ w. A-6 b
  f actors.  There was first aclear-Sdefinonof th  waterquai typroblem whch ha  been:
 douented for yeas. The gene          ic was awai  ta groun  we cnmiation 
  c,,ould poise a health hazad to  'evrone.  Demonstration projec '    h add s      tat
 successiul acton cou        enthat wereeconomally and environently feasble ; 
 These fatr twere imprtn s-inc th Ac  inlue  p-vsd fo a ercntovrsa
                                             A' - "IpeW  &*d~i~ m   t:ifu
      feesforpesiciesnd frtlzr whic  afete'hed arclulcomnity.      ucesu
:.. . .... hmv  jjjwf~z~~t~g~s~s~..I
 CO     ment :was ma-de tohei i balani the  feesh irh  savis rSultng                   t
  management  and nutrent manaement pr-ogrms  r .-:;0 - 004 -

     Inloing at: te rlationhip 'be'we  thi  pcfc icfleilto andabaftement
          ---i ka   g   aT*ï¿½ e g e  twet       pe               eis
  of ~nonpoin~t: source pllion, it is eden t tt the GoundWer Ph:ocio  Acis a one
  ver useul todolin a ~comprhsive st of water  al:     p       s  wih  averoduced
water:inei:'i--i::iffiiit t: ;qa-li ty --:;:;-  : -it4 : beefttsfr Iowa,-
                                 :I~~~~~~~~~~~~~~~~~q


 O DTHE   PROGRA::MS: :N::CLUE         :-:  :-     : . .:. ..::.-. .i::.:.::.:: -. 
   1.  :EPASection  319  Fundine   4 t --45-:-i  - i-i-0:-:00 - iti-0-; - ti t -0 :;-;$ -: :0 :0X... ...:...
                         _,        ~~~~~~~~~~~~ ~ ~~.. .....  ....   .  ....   . ..

     T:hem: Ioewa Dep men:: :of Nat-     R                                      d 
          0  ::00:  $8   in:50,000  in 92ei           puc i rmatn  n  eion
         ainimal waste mngement, rip-aian zone demonstraons, de  livestock disposal.
         lake and watersdprtojectrudter prte gand an Iea    Pest
f  ii: ff  WX        f   f  S    f - ifif   - ff E i~ii-   ,-:: i-  ii-  i-: : f-t t  SEiï¿½-_:iS   ii:--iï¿½ -; -I --ilï¿½i-



  Man a gemwnt  7 -                ................Program4'
'.-'' '.''' '"'                                        ff':S'i'f';fiS.i."  0 000S'St fi .''' ':.............. "



           Thisprogram isus:dttsh     ol  onsatn                     ctesnledi
                 pfl  wat                                       Mi-ï¿½~t


  p-rioi t watershed: Abhout $59 0  m b ava                   i     2 f-  thisp9ro,
         federa consevtonfunding

                            I . 3-.;RW ATS RO N:+ -:  ::- -::- ---..  i: :- ; - ï¿½:il - ;: :: -. -:  : :  :  : i
   3.REAP WATER PROTECTONFUD

        :::This unique fund cl   :theResorce  Ehancment and iProtetin Acisteted:
         fo:  a general fund :approp*ti  of$20 million pryear ith  ddition idollars 
        ::,ciibeing reeived fnr  te site lotery and stt ceditcar  rects.   Pjecs
          include conservaion : :on, open  space   acquisition ::fi:in  of  county
  con:servation boardbsisiandw'atercnservatin, city-aks, Pdsetci --lthoug the




                                  Iowa's Groundwater Protection Act                     Page 85








"COMM4ENTA'RY Continued...

fnding  for REAP has not been as high as oinginally proposed,                  W-a :Sia Wt
i-Conservation Districts  reivd $942,941 i 1and ::.$1s..49107 in 1991 thou:t  SoiiS
  and Water REnhancement Account which:rpnt:eSd  0-% i the RA  f-u   fo echi-
year, which are evoted to nonpoint source pollUtion Mcontro e..   .ts..

|4..OWAWETLAND  PROTECTION.PLAN:

 i:::As a result of this plan, cost shing canbe dirted to wetl andtin, whit ch-
       ca contr-Wf if:l ibute toi   pianaream-nament for non--pon-t rore potoncot-

                   ~ ~1:lil-:  rll-:.i:':ii~~~~~~i-i i-l-'ii:-i-ln~~~~~~llil ii-iii .:... _: :...-. i:...    .    ....
 5.OnhER SAT PORMS- :+ . . . .                                   :!. .  .    . ..;.

 nclude-: :-I:- wa Soil 2000:, Soil and Water Coinservaon :Distict proas, Mo l:
       l Fars Demonstation Proj0ect, St::ate       -jSoi l Lo-sLmet Reg  o-s Ioas
          i anci Incentive Proa  and tie No itres Sl   n          serva

:6. USDA PROGAS .:.-........-.;-.-
                     1:::i-QI ï¿½as~ ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~ jiii~~~~~~~~~~~iiiiiiiiii~~~~~~~~~~~~~~~~~~~~~ii~~~~~~iiiijiiiiiijj~~~~~~~~~~~~~~~~~~~~~~~~~ji~~~~~~~iilj~;:7 -
        Include:; :Hydrologic Unit Areas ;    L;66  SmalWatehed    jet                i the
        t Agricultural Coinservaton  Progra  (ACP); the  Reu     s Co      aion Ac-
      RA):  W: ater QualyDmos            ionPro:jects; and.te Con:sev.ationR- eserve
         a _ t Progwe ram.       o. i             I

.7.P  PROGRAS

        -Ini~ï¿½clude: TFhe Clean Lakes nProgampluinpevninpoet and~ both ~:point~
  and-t: ::- :npointSprotra   adm;iste   at .  the sta  lev.el 


      Io0wa places a high value on coriation aong agencies at bohth stateand
i-edera leel. To encourge local parcipatnin variouls progr-ams  at  appl. o:
       has been developed~whichcan ibeused 'itoapply0for mustiple  progas adl then a st.. : 
 level committee decidesiwhat typeof fundingsapprot.  Throgh the roun Water
iProtection Act and all of thiese coorating pams   Iowa:has ben able to fund a*
 significan nonpoint dsource poluton                  ....pro.g ram. . -
                                Io7n' Grunwae-                 . . . .oci  i.iAc- . . :  . .6

             :   iV:  t:   y 0   : i:  :f   ;~~~ ~~ ~ ~ ~~~ ~ :--Cf  ':. -':  --0  i :: ;;  tE- i;  : :t    L'.- '! -' - :lil'.l :'.'.  i::ii'i;  '  ' "'  -ii
                          :~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~X:




                             value :  :               ; :  F  :  :4:ï¿½:'. At   a'  ;  '  t    "::  0'lS''




                      -a      Iowa's Groundwater Protection Act                     Psge 86
























































                                                                                                                           ..........


































                              X





















                                                                                                                       ..........
                                                                                                                     ........ .....





                                                                             ..... .. . ..... ..
                                                                             ......... . .....
       ...... . .. .
                                                                         . ..........

              ............. - .... .
              d ..... .....


             Xw7
                                                                                                                   . . .. ... . . . .


                                                               :-7
                                                             ow..
          N      j::                ::7
                                              . . . . . . . . . .

?                                                                                                                           X.

                                           . . . . . . . . . .
            7
                                                                                                       . . . . . . . . . .
              . . . . . . . . . . .
                           7
. . . . . . . . . . . 7::
                                                                                                   . . . . . . . . . .
                           Saatchi :j7.







                              APPENDIX ONE

                       PRIMARY CONTACT PEOPLE


MARYLAND CRITICAL AREAS PROGRAM

Dr. Sarah Taylor, Executive Director
Chesapeake Bay Critical Area Commission
275 West Street, Suite 320
Annapolis, Maryland 21401
(410) 974-2418

CITY OF BELLEVUE, WASHINGTON
STORM AND SURFACE WATER UTILITY

Nancy Hanson, Storm and Surface Water Utility
301 116th Avenue, SE
P.O. Box 90012
Bellevue, WA 98009-9012
(206) 451-4476

.JEFFERSON COUNTY, WASHINGTON
SUBSTATE REVOLVING FUND

Teresa Barron, Water Quality Planner
Jefferson County Planning & Building Department
P.O. Box 1220
Port Townsend, WA 98368
(206) 385-9149

CALIFORNIA STATE REVOLVING FUND

William R. Campbell, Chief
Nonpoint Source Loan Unit
Division of Water Quality
State Water Resources Control Board
901 P Street
P.O. Box 100
Sacramento, California 95801
(916) 657-1043



                                                                       Page 87








CHERRY CREEK RESERVOIR PROJECT, COLORADO

Lou Short
Cherry Creek Basin Water Quality Authority
6200 South Syracuse Way
Suite 150, Carrara Place
Englewood, CO 80111
(303) 779-4525

IOWA'S GROUND WATER PROTECTION ACT

James B. Gulliford, Director
Division of Soil Conservation
Iowa Department of Agriculture and Land Stewardship
Wallace State Office Building
Des Moines, Iowa 50319
(515) 281-6146




























                          Appendix One...Primary Contact People                        Page 88



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                                                                                                                             House File 631, p. 2


                                                                                           2. "Department" means the department of natural resources
                                                                                        created under section 455A.2.
                                              HOUSE FILE 631                               3.  "Director" means the director of the department.
                                                                                           4. "Commission" means the environmental protection
                            AN ACT                                                      commission created under section 455A.6.

RELATING TO PUB.!C HEALTH AND SAFETY BY ESTABLISHING MEASURES                                S.  "Contamination" means the direct or indirect
  TO IMPROVE AND PROTECT GROUNDWATER QUALITY AND TO MANAGE                               introduction into groundwater of any contaminant caused in
   SUBSTANCES WSECH POSE HEALTH AND SAFETY HAZARDS, BY ESTAB-                             whole or in part by human activities.
   LISHING GOALS, POLICIES, FUNDING MECHANISMS, INCLUDING TAXES                              6.  "Contaminant" means any chemical, ion, radionuclide,
   AND FEES, AND ADMINISTRATIVE PROVISIONS FOR THE MEASURES, BY                           synthetic organic compound, microorganism, waste, or other
   ESTABLISHING PROGRAMS RELATING TO THE MANAGEMENT OF AGRICUL-                           substance which does not occur naturally in groundwater or
   TURAL ACTIVITIES, SOLID WASTE DISPCSAL, HOUSEHOLD HAZARDOUS                            which naturally occurs at a lower concentration.
   WASTES, STORAGE TANKS, FERTILIZERS, PESTICIDES, LANDFILLS,                                7.  "Active cleanup" means removal, treatment, or isolation
   AND WATERSHEDS, BY PROVIDING PENALTIES, ESTABLISHING EFFEC-                            of a contaminant from groundwater through the directed efforts
   TIVE DATES, Y.%KING APPROPRIATIONS, AND BY PROVIDING FOR                               of humans.
   OTHER PROPERLY RELATED MATTERS.                                                           8.  "Passive cleanup" means the removal or treatment of a
                                                                                        contaminant in groundwater through management practices or the

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE-OF IOWA:                               construction of barriers, trenches, and other similar
                                                                                        facilities for prevention of contamination, as well as the use

                PART ONE -- GENERAL PROVISIONS                                           of natural processes such as groundwater recharge, natural
                         Chapter 45SE                                                   decay, and chemical or biological decomposition.
                    GROUNDWATER PROTECTION                                                  Sec. 103.  NEW SECTION.  455E.3  FINDINGS.
   Section 101.  NEW SECTION.  455E.1  TITLE.                                                The general assembly finds that:
   This chapter shall be known and may be cited as the                                       1.  Groundwater is a precious and vulnerable natural
"Groundwater Protection Act".                                                             resource.  The vast majority of persons in the state depend on
   Sec. 102.  NW  SECTION.  455E.2  DEFINITIONS.                                          groundwater as a drinking water source.  Agriculture,
   As used in this chapter, unless the context otherwise                                  commerce, and industry-also depend heavily on groundwater.
requires:                                                                                 Historically, the majority of Iowa's groundwater has been
   1.  "Groundwater" means any water of the state, as defined                            usable for these purposes without treatment.  Protection of
in section 455B.171, which occurs beneath the surface of the                             groundwater is essential to the health, welfare, and economic
earth in a saturated geological formation of rock or soil.                                prosperity of all citizens of the state.
                                                                                           2. Many activities of humans, including the manufacturing,
                                                                                       storing, handling, and application to land of pesticides and
                                                                                        fertilizers; the disposal of solid and hazardous wastes; the












                                     House File 631, p. 3                                                                       House File 631, p. 4


storing and hand:ing of hazardous substances; and the improper                                 4.  All persons In the state have the duty to conduct their
construction and the abandonment of wells and septic systems                                activities so as to prevent the.release of contaminants Into
have resulted in groundwater contamination throughout :he                                   groundwater.
state.                                                                                         S.  Documentation of any contaminant which presents a
   3.  Knowledge of the health effects of contaminants varies                               significant risk to human health, the environment, or the
greatly,  The long-term detriment to human health fror.                                     quality of life shall result in either passive or active
synthetic organic compounds in particular is largely unknown                                cleanup.  In both cases, the best technology available or best
but Is of concern.                                                                          management practices shall be utilized.  The department shall
   4.  Any detectable quantity of a synthetic organic compound                             adopt rules which specify the general guidelines for
in groundwater is unnatural and undesirable.                                               determining the cleanup actions necessary to meet the goals of
   S.  The movement of groundu .ater, and the movement of                                  the state and the general procedures for determining the
contaminants in groundwater, is often difficult to ascertain                                parties responsible by July 1, 1989.  Until the rules are
or control.  Decontamination is difficult and expensive to                                  adopted, the absence of rules shall not be raised as a defense
accomplish.  Therefore, preventing contamination of                                         to an order to clean up a source of contamination.
groundwater is of paramount Importance.                                                        6.  Adopting health-related groundwater standards may be of
   Sec. 104.  ENE  SECTION.  455E.4  GROUNDWATER PROTECTION                                benefit in the overall groundwater protection or other
GOAL.                                                                                       regulatory efforts of the state.  However, the existence of
   The intent of the state is to prevent contamination of                                  such standards, or lack of them, shall not be construed or
groundwater from point and nonpoint sources of contamination                               utilized in derogation of the groundwater protection goal and
to the maximum extent practical, and if necessary to restore                               protection policies of the state.
the groundwater to a potable state, regardless of present                                      7. The department shall take actions necessary to promote
condition, use, or characteristics.                                                        and assure public confidence and public awareness.  In
   Sec. 105.  NEW SECTION.  455E.5  GROUNDWATER PROTECTION                                 pursuing this goal, the department shall make public the
POLICIES,                                                                                  results of groundwater investigations.
   I.  It is the policy of the state to prevent furthe:                                       8.  Education of the people of the state is necessary to
contamination of groundwater from any source to the maximum                                preserve and restore groundwater quality.  The content of this
extent practical.                                                                          groundwater protection education must assign obligations, call
   2.  The-discovery of any groundwater contamination shall                                for sacrifice, and change some current values.  Educational
require appropriate actions to prevent further contamination.                              efforts should strive to establish a conservation ethic among
These actions may consist of investigation and evaluation or                               Iowans and should encourage each Iowan to go beyond
enforcement acticns if necessary to stop further contamination                             enlightened self-interest in the protection of groundwater
as required under chapter 455B.                                                            quality.
   3.  All persons in the state have the right to have their                                  Sec. 106.  NEW  SECTION.  455E.6  LEGAL EFFECTS.
lawful use of groundwa:er unimpaired by the activities of any
person which render the water unsafe  r unotable.










                                    House File 631, p. S                                                                       House File 631, p. 6


  This chapter supplements other legal authority and shall                                   1.  Develop and administer a comprehensive groundwater
not enlarge, restrict, or abrogate any remedy which any person                             monitoring network, including point oK use, point of
or class of persons may have under other statutory or common                               contamination, and problem assessment monitoring sites across
law and which serves the purpose of groundwater protection. the state, and the assessment of ambient groundwater quality.
An activity that does not violate chapter 4S5B does not                                       2.  Include in the annual report required by section
violate this chapter.  In the event of a conflict between this                             455A.4, the number and concentration of contaminants detected
section and another provision of this chapter, it is the                                   in groundwater.  This information shall also be provided to
intent of the general assembly that this section prevails. the director of public health and the secretary of
  Liability shall not be imposed upon an agricultural                                    agriculture.
producer for the costs of active cleanup, or for any damages                                  3.  Report any data concerning the contamination of
associated with or resulting from the detection in the                                    groundwater by a contaminant not regulated under the federal
groundwater of any quantity of nitrates provided that                                     Safe Drinking Water Act, 42 U.S.C. 5 300(f) et seq. to the
application has been in compliance with soil test results and                             United States environmental protection agency along with a
that the applicator has properly complied with label                                      request to establish a maximum contaminant level and to
instructions for application of the fertilizer. Compliance                                conduct a risk assessment for the contaminant.
with the above provisions may be raised as an affirmative                                     4.  Complete groundwater hazard mapping of the state and
defense by an agricultural producer.                                                      make the results available to state and local planning
   Liability shall not be imposed upon an agricultural                                    organizations by July ., 1991.
producer for costs of active cleanup, or for any damages                                     S.  Establish a system or systems within the department for
associated with or resulting from the detection in the                                    collecting, evaluating, and disseminating groundwater quality
Groundwater of pesticide provided that the applicator has                                 data and information.
properly complied with label instructions for application of                                 6.  Develop and maintain a natural resource geographic
the pesticide and that the applicator has a valid appropriate                             information system and comprehensive water resource data
applicator's license.  Compliance with the above provisions                               system.  The system shall be accessible to the public.
m ay be raised as an affirmative defense by an agricultural                                  7.  Develop and adopt by administrative rule, criteria for
producer.                                                                                 evaluating groundwater protection programs by July 1, 1988.
   Sec. 107.  NEW SECTION.  455E.7  PRIMARY ADMINISTRATIVE                                   8.  Take any action authorized by law, including the
AGENCY.                                                                                   investigatory and enforcement actions authorized by chapter
   The department is designated as the agency to coordinate                               455B, to implement the provisions of this chapter and the
a-ad administer groundwater protection programs for the state.                            rules adopted pursuant to this chapter.
   Sec. 108.  NEW SECTION.  455E.8  POWERS AND DUTIES OF THE                                 9.  Disseminate data and information, relative to this          3r
::RECTOR.                                                                                 chapter, to the public to the greatest extent practical.
   In addition to other groundwater protection duties, the                                   10.  Develop a program, in consultation with the department
d:recto:, in cooperation with soil district commissioners and                             of education and the deoartment of environmental education of
;:th other state and local agencies, shall:












                                      House File 631, p. 7                                                                        House File 631, p. 8


the University cf Northern Iowa, regarding water quality                                       Sec. Ill.  NEW SECTION.  455E..11 GROUNDWATER PROTECTION
issues which sha:l be included in the minimum program required                              FUND ESTABLISHED.
in grades seven and eight pursuant to section 256.11,                                          1.  A groundwater protection fund is created in the state
subsection 4.                                                                               treasury.  Honeys received from sources designated for
   'Sec. 109.  NEW SECTION.  455E.9  POWERS AND DUTIES OF THE                               purposes related to groundwater monitoring and groundwater
COMMISSION.                                                                                 quality standards shall be deposited in the fund.
   1.  The commission shall adopt rules to implement this                                   Notwithstanding section 8.33, any unexpended balances in the
chapter.                                                                                    groundwater protection fund and in any of the accounts within
   2.  When groundwater standards are proposed by the                                       the groundwater protection fund at the end of each fiscal year
commission, all available information to develop the standards                              shall be retained in the fund and the respective accounts
shall be considered, including federal regulations and all                                  within the fund.  The fund may be used for the purposes
relevant information gathered from other sources.  A public                                 established for each account within the fund.
hearing shall be held in each congressional district prior to                                   The director shall include in the departmental budget
the submittal of a report on standards to the general                                       prepared pursuant to section 455A.4, subsection 1, paragraph
assembly.  This :eport on how groundwater standards may be a                  'c", a proposal for the use of groundwater protection fund
part of a groundwater protection program shall be submitted by                              moneys, and a report of the uses of the groundwater protection
the department to the general assembly for its consideration                                fund moneys appropriated In the previous fiscal year.
by January 1, 1989.                                                                            The secretary of agriculture shall submit with the report
   Sec. 110.  NEW SECTION.  455E.10  JOINT DUTIES -- LOCAL                                 prepared pursuant to section 17.3 a proposal for the use of
AUTHORITY.                                                                                 groundwater protection fund moneys, and a report of the uses
   1.  All state agencies shall consider groundwater                                       of the groundwater protection fund moneys appropriated in the
protection policies in the administration of their -programs.                              previous fiscal year.
Local agencies shall consider groundwater protection policies                                  2.  The following accounts are created within the
in their programs.  All agencies shall cooperate with the                                  groundwater protection fund:
department in disseminating public information and education                                   a.  A solid waste account.  Moneys received from the
materials concerning the use and protection of groundwater, in                              tonnage fee imposed under section 4558.310 and from other
collecting groundwater management data, and in conducting                                  sources designated for environmental protection purposes in
research on technologies to prevent or remedy contamination of                             relation to sanitary disposal projects shall be deposited in
groundwater.                                                                               the solid waste account.
   2.  Political subdivisions are authorized and encouraged to                                The department shall use the funds in the account for the
implement groundwater protection policies within their                                     following purposes:
respective jurisdictions, provided that implementation is at                                   (1)  The first fifty cents per ton of. funds received from
least as stringen: but consistent with the rules of the                                    the tonnage fee imposed under section 455B.310 for the fiscal
department.                                                                                year beginning July 1, !988 and ending June 30, 1989, shall be
                                                                                         used for the following:











                                   House File 631, p. 9                                                                        House File 631, p. 10


   (a)  Six cents per ton of the amount allocated under this                                   (3)  The additional fifty cents per ton collected from the
subparagraph is appropriated to the waste management authority                              fee imposed under section 455B.310 for the fiscal year
within the department of natural resources. beginning July 1, 1988 and ending June 30, 1989 may be
   (b)  Fourteen cents per ton of the amount allocated under                               retained by the agency making the payments to the state
this subparagraph is appropriated to the University of                                     provided that a separate account is established for these
Northern Iowa to develop and maintain the small business                                    funds and that they are used in accordance with the
assistance center for the safe and economic management of                                   requirements of section 4559.306.
solid waste and hazardous substances established at the                                        (4)  The first fifty cents per ton of funds received from
University of Northern Iowa.                                                                the tonnage fee imposed under section 4559.310 for the fiscal
   (c)  Eight thousand dollars of the amount allocated under                               year beginning July 1, 1989 and ending June 30, 1990, shall be
this subparagraph is appropriated to the Iowa department of                                used for the following:
public health for carrying out the departmental duties                                         (a)  Six cents per ton of the amount allocated under this
pursuant to section 135.11, subsections 20 and 21, and section                             subparagraph is appropriated to the waste management authority
139.35.                                                                                    within the department of natural resources.
   (d) The remainder of the amount allocated under this                                       (b)  Fourteen cents per ton of the amount allocated under
subparagraph Is appropriated to the department of natural                                  this subparagraph is appropriated to the University of
resources for the following purposes:                                                      Northern Iowa to develop and maintain the small business
   (I) The development of guidelines for groundwater                                       assistance center for the safe and economic management of
monitoring at sanitary disposal projects as defined in section                             solid waste and hazardous substances established at the
4559.301, subsection 3. University of Northern Iowa.
   (ii)  Abatement and cleanup of threats to the public                                       (c)  Eight thousand dollars of the amount allocated under
health, safety, and the environment resulting from a sanitary                              this subparagraph is appropriated to the Iowa department of
landfill if an owner or operator of the landfill is unable to                              public health for carrying out the departmental duties
facilitate the abatement or cleanup.  However, not more than                               pursuant to section 135.11, subsections 20 and 21, and section
ten percent of the total funds allocated under this                                        139.35.
subparagraph may be used for this purpose without legislative                                  (d) The remainder of the amount allocated under this
authorization. subparagraph is appropriated to the department of natural
   (2)  An addi:ional fifty cents per ton from the fees                                    resources for the following .purposes:
imposed under section 4558.310 for the fiscal year beginning                                  (I) The development- of guidelines for groundwater
July 1, 1988 and ending June 30, 1989 shall be used by the                                 monitoring at sanitary disposal projects as defined in section
department to develop and implement demonstration projects for                             455B.301, subsection 3.
landfill alternatives to solid waste disoosal including                                       (ii)  Abatement and cleanup of threats to the public
recycling programs.                                                                        health, safety, and the environment resulting from a sanitary
                                                                                     landfill if an owner or operator of the landfill is unable to












                                    House File 631, p. 11                                   House file 631, p. 12


facilitate the abatement or cleanup.  However, not more than                   id)  The development
ten percent of the total funds allocated under this                                       monitoring at sanitary disposal projects as defined in section
subparagraph may be used for this purpose without legislative                             4558.301, subsection 3.
authorization.                                                                                le)  Abatement and cleanup of threats to the public health,
   (53  One dollar per ton froa the fees Imposed under section                            safety, and the environment resulting from a sanitary landfill
455B.310 for the fiscal year beginning July 1, i989 and ending                            if an owner or operator of the landfill is unable to
June 30, 1990 shall be used by the department to develop and                              facilitate the abatement or cleanup.  However, not more than
implement demonstration' projects for landfill alternatives to                            ten percent of the total funds allocated under this
solid waste disposal Including recycling programs.                                        subparagraph may be used for this purpose without legislative
   (6) The additional fifty cents per ton collected from the                              authorization.
fee imposed under section 4550.310 for the fiscal year                                       (8)  One dollar per ton from the fees imposed. under section
beginning July 1, 1989 and ending June 30, 1990 may be                                    4558.310 for the fiscal year beginning July 1, 1990 and
retained by the agency making the payments to the state                                   thereafter shall be used by the department to develop and
provided that a separate account is established for these                                 implement demonstration projects for landfill alternatives to
funds and that they are used in accordance with the                                       solid waste disposal including recycling programs.
requirements of section 4550.306.                                                            (9) Each additional fifty cents per ton per year of funds
   (7) The first fifty cents per ton of funds received from                               received from the tonnage fee for the fiscal period beginning
the tonnage fee imposed for the fiscal year beginning July 1,                             July 1, 1990 and thereafter is allocated for the following
1990 and thereafter shall be used for the following:                                      purposes:
  (a)  Fourteen cents per ton of the amount allocated under                                 (a)  Thirty-five cents per ton per year shall be allocated
this subparagraph is appropriated to the University of                                    to the department of natural resources for the following
Northern Iowa to develop and maintain the small business                                  purposes:
assistance center for the safe and economic management of                                    (i) Twenty-five cents per ton per year shall be used to
solid waste and hazardous substances established at the                                   develop and implement demonstration projects for landfill
University of Northern Iowa.                                                              alternatives to solid waste disposal including recycling
   lb) Eight thousand dollars of the amount allocated under                               programs.
this subparagraph is appropriated to the Iowa department of              Iii)  No more than ten cents of the thirty-five cents per
public health for carrying out the departmental duties                                    year may be used for the administration of a groundwater
pursuant to section 135.11, subsections 20 and 21, and section                            monitoring program and other required programs which are
=39.35.                                                                                   related to solid waste management, if the amount of funds
   (c) The administration and enforcement of a groundwater                                generated for administrative costs in this fiscal period is
monitoring program and other required programs which are                                  less than the amount generated for the costs in the fiscal
:elated to solid waste management.                                                        year beginning July 1, 1988.










                                     House File 631, D. 13                                                                     House File 631, p. 14


   (b)  Fifteen cents per ton per year shall be'allocated to                              cleanup exceeds three million dollars, the moneys in excess
local agencies for use as provided by law.                                                shall be used to fund the development and implementation of
   (10) Cities, counties, and private agencies subject to                                 demonstration projects for landfill alternatives to solid
fees imposed under section 455B.310 may use the funds                                     waste disposal including recycling.
collected in accordance with the provisions of this section                                  The agriculture management account shall be used for the
and the conditions of this subsection.  The funds used from                               following purposes:
the account may only be used for any of the following                                        (1)  Nine thousand dollars of the account is appropriated
purposes:                                                                                 to the Iowa department of public health for carrying out the
   (a)  Development and implementation of an approved                                     departmental duties under section 135.11, subsections 20 and
comprehensive plan.                                                                       21, and section 139.35.
   (b)  Development of a closure or postclosure plan.                                        (2)  Of the remaining moneys in the account:
   (c)  Development of a plan for the control and treatment of                               (a)  Thirty-five percent is appropriated annually for the
leachate which may include a facility plan or detailed plans                              Leopold center for sustainable agriculture at Iowa State
and specifications.                                                                       University of science and technology.
   (d) Preparation of a financial plan, but these funds may                                  lb)  Two percent is appropriated annually to the department
not be used to actually contribute to any fund created to                                 of natural resources for the purpose of administering grants
satisfy financial requirements, or to contribute to the                                   to counties and conducting oversight of county-based programs
purchase of any instrument to meet this need.                                             relative to the testing of private water supply wells and the
   On January 1 of the year following the first year in which                             proper closure of private abandoned wells.  Not more than
the funds from the account are used, and annually thereafter,                             twenty-three percent of the moneys is appropriated annually to
the agency shall report to the department as to the amount of                             the department of natural resources for grants to counties for
the funds used, the exact nature of the use of the funds, and                             the purpose of conducting programs of private, rural water
the projects completed.  The report shall include an audit                                supply testing, not more than six percent of the moneys is
report which states that the funds were, in fact, used                                    appropriated annually to the state hygienic laboratory to
entirely for purposes authorized under this subsection.                                   assist in well testing, and not more than twelve percent of
   (11)  If moneys appropriated to the portion of the solid                               the moneys is appropriated annually to the department of
waste account to be used for the administration of groundwater                            natural resources for grants to counties for the purpose of
monitoring programs and other required programs that are                                  conducting programs for properly closing abandoned, rural
related to solid waste management remain unused at the end of                             water supply wells.
any fiscal year, the moneys remaining shall be allocated to                                  (c)  The department shall allocate a sum not to exceed
the portion of the account used for abatement and cleanup of                              seventy-nine thousand dollars of the moneys appropriated for
threats to the public health, safety, and the environment,                                the fiscal year beginning July 1, 1987, and ending June 30,
resulting from sanitary landfills.  If the balance of the                                 1988 for the preparation of a detailed report and plan for the
moneys in the portion of the account used for abatement and                               establishment on July 1, 1988 of the center for health effects












                                     House rile 631, p. 15                                                                    House File 631, p. 16


of envi:onmental contamination.  The plan for establishing the                           for city, county, or service orgadization project grants
center shall be presented to the general assembly on or before                           relative to recycling and reclamation events  and eight
January 15, 1966.  The report shall include the assemblage of                            thousand dollars is appropriated to the department of
all existing data relating to Iowa drinking water supplies,                              transportation for the period of October 1. 1987 through June
including characteristics of source, treatment, presence of                              30, 1989 for the purpose of conducting the used oil collection
contaminants, precise location, and usage patterns to                                    pilot project.  The remainder of the account shall be used to
facilitate data retrieval and use in research and detailed                               fund Toxic Cleanup Days programs, education programs, and
organizational plans, research objectives, and budget                                    other activities pursuant to chapter 455F, including the
projections for the anticipated functions of the center in                               administration of the household hazardous materials permit
subsequent years   The department may allocate annually a sum                            program by the department of revenue and finance.
not to exceed nine percent 9f the moneys appropriated to the                                (f) A storage tank management account.  All fees collected
center, beginning July 1, 1988.                                                          pursuant to section 4558.473, subsection 4, and section
   (di  Thirteen percent of the moneys is appropriated                                   4558.479, shall be deposited in the storage tank management
annually to the department of agriculture and land stewardship                           account.  Funds shall be expended for the following purposes:
for financial Incentive programs related to agricultural                                    (13  One thousand dollars is appropriated annually to the
drainage wells and sinkholes, for studies and administrative                             Iowa department of public health to carry out departmental
costs relating to sinkholes and agricultural drainage wells                              duties under section 135.11, subsections 20 and 21, and
programs, and not more than two hundred thousand dollars of                              section 139.35.
the moneys is appropriated for the demonstration projects                                   (2) Seventy percent of the moneys deposited in the account
regarding agricultural drainage wells and sinkholes.  Of the                             annually are appropriated to the department of natural
thirteen percent allocated for financial incentive programs,                             resources for the administration of a state storage tank
not more than fifty thousand dollars is appropriated for the                             program pursuant to chapter 4558, division IV, part 8, and for
fiscal year beginning July 1, 1987 and ending June 30, 1988,                             programs which reduce the potential for harm to the
to the department of natural resources for grants to county                              environment and the public health from storage tanks.
conservation boards for the development and implementation of                               (3) For the fiscal year beginning July 1, 1987, and ending
projects regarding alternative practices in the remediation of                           June 30, 1988, twenty-five thousand dollars is appropriated
noxious weed or other vegetation within highway rights-of-way.                           from the account to the division of insurance for payment of
   (e) A household hazardous waste account.  The moneys                                  costs incurred in the establishment of the plan of operations
collected pursuant to section 455F.? shall be deposited in the                           program regarding the financial responsibility of owners and
tsusehold hazardous waste account.  Two thousand dollars is                              operators of underground storage tanks which store petroleum.
appropriated annually to the Iowa department of public health                               (41  The remaining funds in the account are appropriated
to carry out departmental duties under section 135.11,                                  annually to the department of natural resources for the
s;bsec ions 20 and 21. and section 139.35. eighty thousand                               funding of state remedial cleanup efforts.
dollars is appropriated to the department of natural resources



                                                                                                                                        A






                                    House File 631, p. 17                                                                    Rouse File 631, p. 18


   (g) An oil overcharge account.  The oil overcharge moneys                             competitive grants to colleges, universities, and private
distributed by the United States department of energy, and                               institutions within the state for the'development of research
approved for the energy related components of the groundwater                            and education programs regarding alternative disposal methods
protection strategy available through the energy conservation                            and groundwater protection:
trust fund created in section 93.11, shall be deposited in thk                               (a)  For the fiscal year beginning July 1, 1997 and ending
oil overcharge account as appropriated by the general                                    June 30, 1988, one hundred twenty thousand dollars is
assembly.  The oil overcharge account shall be used for the                              appropriated.
following purposes!                                                                         (b)  For the fiscal year beginning July 1, 1988 and ending
   (1)  The following amounts are appropriated to the                                    June 30, 1989, one hundred thousand dollars is appropriated.
department of natural resources to implement its                                            (c)  For the fiscal year beginning July 1, 1989 and ending
responsibilities pursuant to section 455E.8:                                             June 30, 1990, one hundred thousand dollars is appropriated.

   (a)  For the fiscal year beginning July 1, 1987 and ending                               (5)  The following amounts are appropriated to the
June 30, 1988, eight hundred sixty thousand dollars is                                   department of natural resources to develop and implement
appropriated. *demonstration projects for landfill alternatives to solid
   (b)  For the fiscal year beginning July 1, 1988 and ending                            waste disposal, including recycling programs:
June 30, 1989, six hundred fifty thousand dollars is                                         (a)  For the fiscal year beginning July 1, 1987 and ending
appropriated.                                                                            June 30, 1988, seven hundred sixty thousand dollars is
   (c) For the fiscal .year beginning July 1, 1989 and ending                            appropriated.
June 30, 1990, six hundred thousand dollars is appropriated.                                (b)  For the fiscal year beginning July 1, 1988 and ending.
   (d) For the fiscal year beginning July 1, 1990 and ending                             June 30, 1989, eight hundred fifty thousand dollars is
June 30, 1991, five hundred thousand dollars is appropriated.                            appropriated.
   (e)  For the fiscal year beginning July 1, 1991 and ending                               (6)  For the fiscal period beginning July 1, 1987 and
June 30, 1992, five hundred thousand dollars is appropriated.                            ending June 30, 1988, eight hundred thousand dollars is
   (2) For the fiscal year beginning July.1, 1987 and ending                             appropriated to the Leopold center for sustainable
June 30, 1988, five hundred sixty thousand dollars is                                    agriculture.
appropriated to the department of natural resources for                                     (7) Seven million five hundred thousand dollars is
assessing rural, private water supply quality.,                                          appropriated to the agriculture energy management fund created
   (3). For the fiscal period beginning July 1, 1987 and                                 under chapter 467E for the Cis cal period beginning July 1,
ending June 30, 1989, one hundred thousand dollars is                                    1987 and ending June 30-, 1992, to develop nonregulatory
appropriated annually to the department of natural resources                             programs to implement integrated farm management of farm
for the administration of a groundwater monitoring program at                            chemicals for environmental protection, energy conservation,
sanitary landfills.                                                                      and farm profitability; interactive public and farmer
   (4)  The following amounts are appropriated to the Iowa                               education; and applied studies on best management practices
state water resources research institute to provide                                      and best appropriate technology for chemical use efficiency
                                                                                      and reduction.













                                     House File 631, p. 19                                                                     House File 631, p. 20


   (8)  The following amounts ace appropriated to the                                        NEW SUBSECTION.  4.  Each county board of health shall
department of natural resources to continue the Big Spring                                regulate the private water supply and private sewage disposal
demonstration project in Clayton county.                                                  facilities located within the county board's jurisdiction, in-
   (a)  For the fiscal period beginning July 1, 1987 and                                  cluding the enforcement of standards adopted pursuant to this
ending June 30, 1990, seven hundred thousand dollars is                                   section.
appropriated annually.                                                                       NEW SUBSECTION.  5.  The department shall maintain juris-
   lb)  For the fiscal period beginning July 1, 1990 and                                  diction over and regulate the direct discharge to a water of
ending June 30, 1992, five hundred thousand dollars is                                    the state.  The department shall retain concurrent authority
appropriated annually.                                                                    to enforce state standards for private water supply and
   (9) For the fiscal period beginning July 1, 1987 and                                   private sewage disposal facilities within a county, and
ending June 30, 1990, one hundred thousand dollars is                                     exercise departmental authority if the county board of health
appropriated annually to the department of agriculture and                                fails to fulfill board responsibilities pursuant to this
land stewardship to implement a targeted education program on                             section.
best management practices and technologies for the mitigation                                The commission shall make grants to counties for the
of groundwater contamination from or closure of agricultural                              purpose of conducting programs for the testing of private,
drainage wells, abandoned wells, and sinkholes.                                           rural water supply wells and for the proper closing of
   Sec. 112.  Section 455B.172, subsection 2, Code 1987, is                               abandoned, rural, private water supply wells within the
amended by striking the subsection and inserting in lieu                                  Jurisdiction of the county.  Grants shall be funded through
thereof the following:                                                                    allocation of the agriculture management account of the
   2.  The department shall carry out the responsibilities of                             groundwater protection fund.  Grants awarded, continued, or
the state related to private water supplies and private sewage                            renewed shall be subject to the following conditions:
disposal systems for the protection of the environment and the                               a.  An application for a grant shall be in a form and shall
public health and safety of the citizens of the state.                                    contain information as prescribed by rule of the commission.
   Sec. 113.  Section 4558.172, Code 1987, is amended by                                     b.  Nothing in this section shall be construed to prohibit
adding the following new subsections after subsection 2 and                               the department from making grants to one or more counties to
renumbering the subsequent subsections:                                                   carry out the purpose of the grant on a joint, multicounty
   NEW SUBSECTION.  3.  Each county board of health shall                                 basis.
adopt standards for private water supplies and private sewage                                c.  A grant shall be awarded on an annual basis to cover a
disposal facilities.  These standards shall be at least as                                fiscal year from July 1 to June 30 of the following calendar
stringent but consistent with the standards adopted by the                                year.
commission.  If a county board of health has not adopted                                     d.  The continuation or renewal of a grant shall be con-
standards for private water supplies and private sewage                                   tingent upon the county's acceptable performance in carrying
disposal facilities, the standards adopted by the commission                              out its responsibilities, as determined by the director.  The
shall be applied and enforced within the county by the county                             director, subject to approval by the commission. may deny the
board of health.



                                                           I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~






                                      House File 631, p. 21                                                                       House File 631, p. 22


awarding of a grant or withdraw a grant awarded if, by                                     in-section-286727-subsection-24T or to activities which are
determination of the director, the county has not carried out                              covered under the federal Insecticide,-Fungicide, and
the responsibilities for which the grant was awarded, or                                   Rodenticide Act, 7 U.S.C. S 135 et seq.r-providedT-howeverT
cannot reasonably be expected to carry out the                                             that However, such persons shall comply with the requirements
responsibilities for which the grant would be awarded.                                     of the regulations for the federal Insecticide, Fungicide, and
   Sec. 114.  Section 4558.173, Code 1987, is amended by                                   Rodenticide Act, 40 C.F.R. 5 170, and the requirements of and
adding the following new subsection:                                                       rules adopted under chapter 206 where applicable to such the
   NEW SUBSECTION.  10.  Adopt, modify, or repeal rules re-                                persons.  As used in this section, 'farming" means the
lating to the awarding of grants to counties for the purpose                               cultivation of land for the production of agricultural crops,
of carrying out responsibilities pursuant to section 455B.172                              the raising of poultry, the production of eggs, the production
relative to private water supplies and private sewage disposal                             of milk, the production of fruit or other horticultural crops,
facilities.                                                                                grazing or the production of livestock, spraying, or
   Sec. 115.  Section 4558.311, unnumbered paragraph 1, Code                               harvesting.  The department of agriculture and land
1987, is amended to read as follows:                                                       stewardship shall cooperate with the division in an
   The director, with the approval of the commission, may make .                           investigation of an agricultural employee's complaint filed
grants to cities, counties, or central planning agencies                                   pursuant to section 898.9.
representing cities and counties or combinations of cities,                                   Sec. 202.  Section 135.11, Code 1987, is amended by adding
counties, or central planning agencies from funds reserved                                 the following new subsections:
under and for the purposes specified in section 455Bvae9T                                     NEW SUBSECTION.  20.  Establish, publish, and enforce rules
subsection-4 455E.11, subsection 2, paraqraph la', subject to                              requiring prompt reporting of methemoglobinemia, pesticide
all of the following conditions:                                                           poisoning, and the reportable poisonings and illnesses
   Sec. 116.  Section 4558.309, Code 1987, is repealed.                                    established pursuant to section 139.35.
              PART TWO -- PESTICIDES AND FERTILIZER                                           NEW SUBSECTION.  21.  Collect and maintain reports of
   Sec. 201.  Section 89B.4, subsection 1, Code 1987, is                                   pesticide poisonings and other poisonings, illnesses, or
amended to read as follows:                                                                injuries caused by selected chemical or physical agents,
   1.  Except for section 898.9, this chapter does not apply                               including methemoglobinemia and pesticide and fertilizer
to a person engaged in farming as defined in this section; or                              hypersensitivity; and compile and publish, annually, a
a pesticide, as defined in section 206.2, subsection 1, used,                              statewide and county-by-counrtty profile based on the reports.
stored, or available for sale by a eommereial-applieator-as                                   Sec. 203.  NEW SECTION.  139.35  REPORTABLE POISONINGS AND
defined-in-seetion-296?7-subsetein-&A?-s-e-erts*Ied                                        ILLNESSES.
epplï¿½cator-as-de  ned-mn-seetion-286T?7-subseetten-17T-e                                       1.  If the results of an examination by a public, private,
certified private applicator as defined in section 206.2,                                  or hospital clinical laboratory of a specimen from a person in
subsection 187; e-certfied-eoeerciei-appieator-as-deefned                                  Iowa yield evidence of or are reactive for a reportable
tn-seet:on-~86=z-subsetion-e    9?-e-pesticide-deeaier-es-defined                          poisoning or a reportable illness from a toxic agent,
                                        ~~~~-n-aeetian-296 27  ic~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~de~~~.












                                     House File 631, p. 23                                                                    House File 631  p  24


including methemoglobinemia, the results shall be reported to                                1.  Any person who manufactures, mixes, blends, or mixes to
the Iowa department of public health on forms prescribed by                              customers order, offers for sale, sells, or distributes any
the department.  If the laboratory is located In Iowa, the                               fertilizer or soil conditioner offered-foe-saieT-seidv-oC
person in charge of the laboratory shall report the results.                             distributed in Iowa must first obtain a license from the
If the laboratory is not in Iowa, the health care provider                               secretary of agriculture and shall pay a ten-dollar license
submitting the specimen shall report the results.                                        fee for each plant-or place of manufacturer or distribution
   2.  The physician or other health practitioner attending a                            from which fertilizer or soil conditioner products are sold or
person infected with a reportable poisoning or a reportable                              distributed in Iowa   Such license fee shall be paid annually
illness from a toxic agent, including methemoglobinemla, shall                           on July 1 of each year and-the-manufeacturerT-biender-or-mixer
immediately report the case to the Iowa department of public                             shea-et-the-same-meaT-}s-the-nsme-and-address-of-each-sueh
health.  The Iowa department-of public health shall publish                              pn-o-pee-o- nnture-rom-hh-sae-r-disrbuon
and distribute instructions concerning the method of                                     is-made.
reporting.  Reports shall be. made in accordance with rules                                 Thks-subsecton-sha-not-ppy-to-s-manufcturer-who
adopted by the Iowa department of public health.                                         manufctures-mspealtyfertlzer"-onlyr-s-deined-in
   3.  A person in charge of a poison control or poison                                  see  on-10OT3T-subsection-S-in-psekages-of-kwenty-ive-pounds
information center shall report cases of reportable poisoning,                           or-less?
Including methemoglobinemia, about which they receive                                       2.  Said licensee shall at all times produce an intimate
inquiries to the Iowa department of public health.                                       and uniform mixture of fertilizers or soil conditioners.  When
   4. The Iowa department of public health shall adopt rules                             two or more fertilizer materials are delivered in the same
designating reportable poisonings, including                                             load, they shall be thoroughly and uniformly mixed unless they
methemoglobinemia. and illnesses which must be reported under                            are in separate compartments.
this section.                                                                               Sec. 206.  Section 200.8, Code 1987, is amended to read as
   S.  The Iowa department of public health shall establish                              follows:
and maintain a central registry to collect and store data                                   200.8  INSPECTION FEES.
reported pursuant to this section.                                                         1  There shall be paid by the licensee to the secretary
  Sec. 204.  Section 177.2, subsection 1, Code 1987, is                                 for all commercial fertilizers and soil conditioners sold, or
amended to read as follows:                                                              distributed in this state, an inspection fee to be fixed
   1. To encourage the use of good agricultural practices in                             annually by the secretary of. agriculture at not more than
crop production, includinq best manaqement Practices for                                 twenty cents per tonv--Except-sales.  Sales for manufacturing
applyinq fertilizer and pesticide, and to conserve, maintain,                            purposes only are hereby exempted from fees but must still be
and improve soil productivity. reported showing manufacturer who purchased same.  Payment of
  Sec. 205.  Section 200.4, Code 1987, is amended to read as                            said inspection fee by any licensee shall exempt all other
follows:                                                                                 persons, firms or corporations from the payment thereof.
   200.4 LICENSES.











                                     House File 631, p. 25                                                                       House File 631, p. 26


   On individual packages of specialty fertilizer containing                               July of each year, on forms furnished by the'secretary, an
twenty-five pounds or less, there shall be paid by the                                     annual statement setting forth the number of net tons of
manufacturer in lieu of the ennual-lieense-fee-and-the                                     eommereea  specialty fertilizer distributed in this state by
semiannual Inspection fee as set forth in this chapter, an                                 grade during the preceding twelve-month periodr-bht-no
annual registration and inspection fee of twenty-five one                                  inspectien-fee-shai*-be-due-thereen.
hundred dollars for each brand and grade sold or distributed                                   b.  If the tonnage report is not filed or the payment of
in the state.  In the event that any person manufacturer sells                             inspection fees, or both, is not made within ten days after
specialty fertilizer in packages of twenty-five pounds or less                             the last day of January and July of each year as required in
and also in packages of more than twenty-five pounds, this                                 paragraph "a' of this subsection, a penalty amounting to ten
annual registration and inspection fee shall apply only to                                 percent of the amount due, if any, shall be assessed against
that portion sold in packages of twenty-five pounds or less,                               the licensee.  In any case, the penalty shall be no less than
and that portion sold in packages of more than twenty-five                                 fifty dollars.  The amount of fees due, if any, and penalty
pounds shall be subject to the same inspection fee as fixed by                             shall constitute a debt and become the basis of a judgment
the secretary of agriculture as provided in this chapter.                                  against the licensee.
   Any person other than a manufacturer who offers for sale,                                  3.  If there is an unencumbered balance of funds In the
sells, or distributes specialty fertilizer In packaqes of                                  fertilizer fund on June 30 of any fiscal year equal to or
twenty-five pounds or less or applies specialty fertilizer for                             exceeding three hundred fifty thousand dollars, the secretary
compensation shall be required to pay an annual inspection fee                             of agriculture shall reduce the per ton fee provided for in
of fifty dollars in lieu of the semiannual inspection fee as                               subsection I and the annual license fee established pursuant
set forth in this chapter.                                                                 to section 201.3 for the next fiscal year in such amount as
   2.- Every licensee and any person required to pay an annual                             will result In an ending estimated balance for the June 30 of
registration and inspection fee under this chapter in this                                 the next fiscal year of three hundred fifty thousand dollars.
state shall:                                                                                  Sec. 207.  Section 200.8, Code 1987, is amended by adding
   a.  File not later than the last day of January and July of                             the following new subsection:
each year, on forms furnished by secretary, a semiannual                                      NEW SUBSECTION.  4.  In addition to the fees imposed under
statement setting forth the number of net tons of commercial                               subsection 1, a groundwater protection fee shall be imposed
fertilizer or soil conditioners distributed in this state by                               upon nitrogen-based fertilizer.  The fee shall be based upon
grade for each county during the preceding six months' period;                             the percentage of actual nitrogen contained in the product.
and upon filing such statement shall pay the Inspection fee at                             An eighty-two percent nitrogen solution shall be taxed at a
the rate stated in subsection 1 of this section.  However, in                              rate of seventy-five cents per ton.  Other nitrogen-based
lieu of the semiannual statement by grade for each county, as                              product formulations shall be taxed on the percentage of
hereinabove provided for, the registrant, on individual                                    actual nitrogen contained in the formulations with the eighty-
packages of commercial specialty fertilizer containing twenty-                             two percent nitrogen solution serving as the base.  The fee
five pounds or less, shall file not later than the last day of                             shall be paid by each licensee registering to sell fertilizer













                                    House File 631  pe 631ouse File 631  p. 28


to the secretary of agriculture.  The fees collected shall be                             applies pesticide as an  ncident    art of the person
deposited in the agriculture management account of the                                    qeneral duties, or a person who applies pesticide as an
groundwater protection fund.  The secretary of agriculture                                 incidental part of a custom farminq operation.
shall adopt rules for the payment, filing, and collection of                                  Sec. 210.  Section 206.2, subsection 17, Code 1987, is
groundwater protection fees from licensees in conjunction with                            amended to read as follows:
the collection of registration and inspection fees.  The                                      17.   Certified applicator' means any individual who is
secretary shall, by rule allow an exemption to the payment of                             certified under this chapter as authorized to use or-supervise
this fee for fertilizers which contain trace amounts of                                   the-use-of any pesticide 
nitrogen.                                        ose.
   Sec. 206.  Section 200.9, Code 1987, is amended to read as                                Sec. 211.  Section 206.2, subsection 18, Code 1987, is
followSa                                                                                  amended to read as follows:
   200.9  FERTILIZER FUND.                                                                   18.   CertifLed private applicator' means a certified
   Fees collected for licenses and inspection fees under                                  applicator who uses or-supera*ses-the'use-of any pesticide
sections 200.4 and 200.8. with the exception of those fees                                which is classified for restricted use for-purposes-of
collected for deposit in the agriculture management account of                            producing-any-agticuikura&-commedtY on property owned or
the qroundwater protection fund, shall be deposited In the                                rented by the applicator or the applicator's employer or, if
treasury to the credit of the fertilizer fund to be used only                             applied without compensation other than trading of personal
by the department for the purpose of Inspection, sampling,                                services between producers of agricultural commodities, on the
analysis, preparation, and publishing of reports and other                                property of another person.
expenses necessary for administration of this chapter.  The                                  Sec. 212.  Section 206.2, subsection 19, Code 1987, is
secretary may assign moneys to the Iowa agricultural                                      amended to read as follows:
experiment station for research, work projects, and                                          19.  'Certified commercial applicator" means a pesticide
investigations as may-be needed for the specific purpose of                               applicator or individual who applies or uses a restricted-use
improving the regulatory functions for enforcement of this                                pesticide or device for-the-purpose-of-producing-any
chapter.                                                                                  agrcuitura-commodty-or on any property of another for
   Sec. 209. ' Section 206.2, subsection 12, Code 1987, is                                compensation.
amended to read as follows:                                                                  Sec. 213.  Section 206.2, subsection 24, Code 1987, is
   12.  The-term-Ocommercia  'Commerclal applicator' sha}i                                amended to read as follows:
mean means any person, or corporation, or employee of a person                                24.  The term -pesticide dealer' means any person who
or corporation who enters into a contract or an agreement for                             distributes any restricted use pesticides whichT-by
the sake of monetary payment and agrees to perform a service                              reguton-re-restrced-o-app aon-on-ber ied
by applying any pesticide or servicing any device but shall                               applicators; pesticide for use by commercial or public
not include a farmer trading work with another,  a person                                 pesticide applicators; or general use pesticides labeled for
employed by a farmer not solely as a pesticide aopl;cator who                             agricultural or lawn and garden use with the exception of











                                     House File 631, p. 29                                                                     House File 631, p. 30


dealers whose qross annual pesticide sales are less than ten                              the applicator shall pay a seventy-five dollar fee.  Public
thousand dollars for each business location owned or operated                             applicators who are employed by a state agency shall be exempt
by the dealer.                                                                            from the twenty-five and seventy-five dollar certification
   Sec. 214.  Section 206.5, Code 1987, is amended to read as                             fees and instead be subject to a five-dollar annual
follows:                                                                                  certification fee or a fifteen dollar fee for a three-year
   206.5  CERTIFICATION REQUIREMENTS.                                                     certification.  The commercial or public applicator shall be
   No-person-shail A commercial or public applicator shall not                            tested prior to certification annually, if the applicator
apply any pesticide and a person shall not apply any                                      chooses a one-year certification or each three years if the
restricted use pesticide without first complying with the                                 applicator chooses three-year certification.  A private
certification requirements of this chapter and such other                                 applicator shall be tested prior to initial certification.
restrictions as determined by the secretary or-being-under-the                            The test shall include, but is not limited to, the area of
direet-supervision-ao-a-eetified-appfiicato.                                              safe handling of agricultural chemicals and the effects of
   The secretary shall adopt, by rule, requirements for the                               these chemicals on qroundwater.  A person employed by a farmer
examination, re-examination and certification of applicants                               not solely as a pesticide applicator who applies restricted
and-set-a-fee-of-not-more-than-ten-dolars-for-the                                         use pesticides as an incidental part of the person's general
certificatioa-pregram-of-eoamzercai-epp  eators-and-not-more                              duties or a person who applies restricted use pesticides as an
than-fire-doe&ars-for-the-certif*eaonf-pfgram-of-private                                  incidental part of a custom farming operation is required to
applicators.                                                                              meet the certification requirements of a private applicator.
   The-secretary-may-adopt-ruies-for-the-training-of                                         The secretary may adopt rules to provide for license and
asplicators-in-oe-operation-with-the-co-operative-extension                               certification adjustments, including fees, which may be
service-at-fowa-State-Hniversity-of-sience-and-technologyv                                necessary to provide for an equitable transition for licenses
   The-seeretery-shati-not-require-appiicants-for                                         and certifications issued prior to January 1, 1989.  The rules
ce-tifieation-as-private-appiieators-t-ake-and-pass-s                                     shall also include a provision for renewal of certification
w-tten-test _-if-the- appieant-instesd-shows-prcof-thatt-he                               through the administering of an approved exam, and a provision
appicant-has-attended-an-informaione i.ourase-of-instuction                               for a thirty-day renewal grace period.
approved-by-the-seereearyt-?he-secretary-shai-provkde-for                                    Sec. 215.  Section 206.6, subsection 3, Code 1987, is
teporsry-ectfieation-for-emergency-purehases-of-rest ted                                  amended to read as follows:
use-products-by-requiring-the-purehaser-to-stgn-sn-affidavit7                                3.  EXAMINATION FOR COMMERCIAL APPLICATOR LICENSE.  The
a:-the-point-of-purchase7-that-the-purchaserhass-read-and                                 secretary of agriculture shall not issue a commercial
understands-the-infermation-on-the-*abei-of-the-restrieted-use                            applicator license until the individual engaged in or managing
product-being-purchased?                                                                  the pesticide application business and employed by the          3:
   Commercial and public applicators shall choose between one-                            business to apply pesticides is qualified certified by passing          :n
year certification for which the applicator shall pay a                                   an examination to demonstrate to the secretary the                       On
- enty-five dollar Eee or three-year certification for which                              individual's knowledge of how to apply pesticides under the











                                     House File 631, p. 31                                                                    House File 631, p. 32


classifications the individual has applied for, and the                                      1. REQUIREMENT FOR CERTIFICAION.  No A commercial or
individual's kncwledge of the nature and effect of pesticides                             public applicator shall not apply any restricted-use pesticide
the individual may apply under such classifications.  The                                 without first complying with the certification standards or
applicant successfully completing this-examination the                                    being-ander-the-direet-supervision-of-a-ertified-applietor.
certification requirement shall be a licensed'commercial                                     Sec. 219.  Section 206.8, subsections 2 and 3, Code 1987,
applicator.                                                                               are amended to read as follows:
   Sec. 216.  Section 206.6, subsection 4, Code 1987, is                                     2. Appication-for-a-license-shafl-be-asecompnied-by-a
amended to read as followst                                                               twenty-five-doalsr A pesticide dealer shall pay a minimum
   4.  RENEWAL OF APPLICANT'S LICENSE.  The secretary of                                  annual license fee of twenty-five dollars or an annual license
agriculture shall renew any applicant's license under the                                 fee for-the-primary-business-locetion-and-an-additionai-five
classifications for which such applicant is licensed, provided                            dolar-nnam-icense-fee-for-each-othe         c
that a-progrea-oE-training-of all of the applicant's personnel                            within-the-state7-and-shall-be-on-a-form-preaeribed-by-the
who apply pesticides hes-been-esteblished-and-eaintained-by                               seeretary-and-shall-include-the-Efl-name-of-the-person
the-licensee are certified commercial applicators.  Such-a                                eppiying-for-such-license based on one-tenth of one percent of
program-nay-include-attendtng-eraining-sessions-sueh-as-co-                               the gross retail sales of all pesticides sold by the pesticide
operative-extension-short-eourses-or-industry-trade                                       dealer in the previous year.  The annual license fee shall be
association-training-seminars,                                                            paid to the department of agriculture and land stewardship,
   Sec. 217.  Section 206.6, subsection 6, paragraph b, Code                              beginning July 1, 1988, and July 1 of each year thereafter.  A
1987, is amended to read as follows:                                                      licensee shall pay a fee of twenty-five dollars for the period
   b.  Public applicators for agencies listed in this                                     July 1, 1987 through June 30, 1988.
subsection shall be subject to exsminations certification                                    The initial twenty-five dollars of each annual license fee
requirements as provided for in this section7-howevery-the                                shall be retained by the department for administration of the
seceery-shal-isaaue-a-*imited-cense-ithout-a-fee-to-suceh                                 program, and the remaining moneys collected shall be deposited
peblie-appicater-who-has-quslified-foe-sueh-leense.  The                                 in the agriculture management account of the qroundwater
public applicator license shall be valid only when such                                   protection fund.
applicator is acting as an applicator applying or-supervising                                3. Provisions of this section shall not apply to a
the-appiscation-of pesticides used by such entities.                                      pesticide applicator who sells pesticides as an integral part
Government research personnel shall be exempt from this                                   of the applicator's pesticide application service, or any
Licensing requirement when applying pesticides only to                                    federal, state, county, or municipal agency which provides
experimental plots.  Individuals Public agencies or municipal                             pesticides only for its own programs.
corporations licensed pursuant to this section shall be                                      Sec. 220.  Section 206.8, Code 1987, is amended by adding
Licensed public applicators.                                                              the following new subsection:
  Sec. 218.  Section 206.7, subsection 1, Code 1987, is                                     NEW SUBSECTION.  4.  Application for a license required for
amended :o read as follows:                                                               manufacturers and distributors who are not engaged in the











                                     House File 631, p. 33                                                                      Rouse File 631, p. 34


retail sale of pesticides shall be accompanied by a twenty-                                   Sec  222.  Section 206.12  subsection 3 Code 1987, is
five dollar fee for each business location within the state                                amended to read as follows
required to be licensed, and shall be on a form prescribed by                                 3.  The registrant, before selling or offering for sale any
the secretary.                                                                             pesticide in this state, shall register each brand and grade
   Sec. 221.  Section 206.9, Code 1987, is amended to read as                              of such pesticide with the secretary upon forms furnished by
follows:                                                                                   the secretary, and?-for-the-purpose-of-defrayfng-expenses
                        206 9  CO-OPEI>TIVE AGREEMENTS.                                  ~~~~~conneeted-with-the-enforcemeet-of-this-ehnpter? the secretary
   206.9  CO-OPERATIVE AGREEMENTS.                                                                                                             the secretary
   The secretary may co-operate, receive grants-in-aid and                                 shall set the registration fee annually at no-more-than-twenty
                      enter into agreements with any agency of the federal                one-fifth of one percent of qross sales within this state with

government, of this state or its subdivisions, or with any                                 a minimum fee of two hundred fifty dollars and a maximum fee
agency of another state, or trade associations to obtain                                   of three thousand dollars for each and every brand and grade
assistance in the implementation of this chapter and to do all                             to be offered for sale in this state   The secretary shall
of the following:                                                                          adopt by rule exemptions to the minimum fee.  The-fees Fifty
   L.  Secure uniformity of regulationstr                                                  dollars of each fee collected shall be deposited in the
   2. Co-operate in the enforcement of the federal pesticide                               treasury to the credit of the pesticide fund to be used only
control laws through the use of state or federal personnel and                             for the purpose of enforcing the provisions of this chapter
facilities and to implement co-operative enforcement                                       and the remainder of each fee collected shall be placed in the
prografms7.                                                                                agriculture management account of the groundwater protection
   3?-9evetop-and-edminister-s tat e-pograms-foe-eraining-and                              fund.
certifieation-of-eertifed-appieetors-consistent-with-federai                                  Sec. 223.  Section 206.12, Code 1987, is amended by adding
standardst                                                                                 the following new subsection:
   4N--eontract-foe-training-with-other-agencies-inceuding                                    NEW SUBSECTION.  7.  Each licensee under section 206.6 or
federat-agencies-for-the-purpose-oE-training-certified                                     206.3 shall file an annual report with the secretary of
applicators                                                                                agriculture listing the amount and type of all pesticides
   5 3.  Contract for monitoring pesticides for the national                               sold, offered for sale, or distributed at retail for use in
plant.                                                                                     this state, or applied in this state during each month of the
   6 4.  Prepare and submit state plans to meet federal                                    previous year.  This report shall be filed at the time of
certification standards7-and7.                                                             payment for licensure or annually on or before July 1.  The
    5.  Regulate certified applicators.                                                    secretary, by rule, may-specify the form of the report and
   6.  Develop, in conjunction with the Iowa cooperative                                   require additional information deemed necessary to determine
extension service in agriculture and home economics, courses                               pesticide use within the state.  The information required
available to the public reqardinq pesticide best management                                shall include the brand names and amounts of pesticides sold,
oractices.                                                                                 offered for sale, or distributed at retail for use in this
                                                                                         state for each business location owned or operated by the












                                      House File 631, p. 35                                                                     House File 631, p. 36


retailer, but the information collected. if made public, shall                                Education and demonstration programs shall promote the
be reported in a manner which does not identify a specific                                 widespread adoption of management practices which protect
brand name in the report.                                                                  groundwater.  The programs may include but are not limited to
   Sec. 224.  Section 206.19, Code 1987, is amended by adding                             programs targeted toward the individual farm owner or
the following new subsections:                                                            operator, high school and college students, and groundwater
   NEW SUBSECTION.  3.  Determine In cooperation with                                     users, in the areas of best management practices, current
municipalities, the proper notice to be given by a commercial                              research findings, and health impacts.  Emphasis shall be
or public applicator to occupants of adjoining properties in                               given to programs which enable these persons to demonstrate
urban areas prior to or after the exkterior application of                                 best management practices to their peers.
pesticides, establish a schedule to determine the periods of                                 Sec. 227.  NEW SECTION.  206.25  PESTICIDE CONTAINERS
application least harmful to living beings, and adopt rules to                             DISPOSAL.
implement these provisions.  Municipalities shall cooperate                                  The department of agriculture and land stewardship, in
with the department by reporting infractions and in                                       cooperation with the environmental protection division of the
implementing this subsection.                                                             department of natural resources, shall develop a program for
   NEW SUBSECTION.  3A.  Adopt rules providing guidelines for                             handling used pesticide containers which reflects the state
public bodies to notify adjacent property occupants regarding                              solid waste management policy hierarchy, and shall present the
the application of herbicides to noxious weeds or other                                   program developed to the general assembly by February 1, 1988.
undesirable vegetation within highway rights-of-way.                                         Sec. 228.  NEW SECTION.  263.14  CENTER FOR HEALTH EFFECTS
   NEW SUBSECTION.  4.  Establish civil penalties for                                     OF ENVIRONMENTAL CONTAMINATION.
violations by commercial applicators.                                                         1. The state board of regents shall establish and maintain
   Sec. 225.  Section 206.21, Code 1987, is amended by adding                             at Iowa City as an integral part of the State University of
the following new subsections                                                             Iowa the center for health effects of environmental
   NEW SUBSECTION.  3.  The secretary of-agriculture, in                                  contamination, having as its object the determination of the
cooperation with the advisory committee created pursuant to                               levels of environmental contamination which can be
section 206.23, shall designate areas with a history of                                   specifically associated with human health effects.
concerns regarding nearby pesticide applications as pesticide                                2. a.  The center shall be a cooperative effort of
management areas.  The secretary shall adopt rules for                                    representatives of the following organizations:
designating pesticide management areas.                                                      (1) The State University of Iowa department of
   Sec. 226.  NEW SECTION.  206.24  AGRICULTURAL INITIATIVE.                              preventative medicine and environmental health.
   A program of education and demonstration In the area of the                               (2) The State University of Iowa department of pediatrics
agricultural use of fertilizers and pesticides shall be                                   of the college of medicine.
initiated by the secretary of agriculture on July 1, 1987.                                   13) The state hygienic laboratory.
the secretary shall coordinate the activities of the state                                   14) The Institute of agricultural medicine.
regarding this program.                                                                      (5) The Iowa cancer center.












                                   House File 631, p. 37 House File 631, p. 38


  (6) The department of civil and environmental engineering.                                 g.  Implement programs of professional education and
   (7) Appropriate clinical and basic science departments.                                 training of medical students, physicians, nurses, scientists,
   (8)  The college of law.                                                                and technicians in the causes and prevention of
   (9)  The college of liberal arts and sciences.                                          environmentally induced disease.
   (10) The Iowa department of public health.                                                 h.  Implement public education programs to inform persons
   (11) The department of natural resources. of research results and the significance of the studies.
   (12) The department of agriculture and land stewardship.                                   I.  Respond as requested to any branch of government for
  b.  The active participation of the national cancer                                     consultation In the drafting of laws and regulations to reduce
institute, the agency for toxic substances and disease                                     contamination of the environment.
registries, the national center for disease control, the                                      4.  An advisory committee consisting of one representative
United States environmental protection agency, and the United                              of each of the organizations enumerated in subsection 2,
States geological survey, shall also be sought and encouraged.                             paragraph la', a representative of the Iowa department of
   3.  The center may:                                                                     public health, and a representative of the department of
   a.  Assemble all pertinent laboratory data on the presence                              natural resources is established.  The advisory committee
and concentration of contaminants in soil, air, water, and                                 shall:
food, and develop a data retrieval system to allow the                                        a.  Employ, as a state employee, a full-time director to
findings to be easily accessed by exposed populations.                                     operate the center.  The director shall coordinate the efforts
   b.. Make use of data from the existing cancer and birth                                 of the heads of each of the major divisions of laboratory
defect statewide recording systems and develop similar                                     analysis, epidemiology and biostatistics, biomedical assays,
recording systems for specific organ diseases which are                                    and exposure modeling and shall also coordinate the efforts of
suspected to be caused by exposure to environmental toxins. professional and support staff in the operation of the center.
   c.  Develop registries of persons known to be exposed to                                   b.  Submit an annual report of the activities of the center
environmental hazards so that the health status of these                                   to the legislative council of the general assembly by January
persons may be examined over time.                                                         15 of each year.
   d.  Develop highly sensitive biomedical assays which may be                  S.  The center shall maintain the confidentiality of any
used in exposed persons to determine early evidence of adverse                             information-obtained from existing registries and from
health effects.                                                                            participants in research programs.  Specific research projects
   e.  Perform epidemiologic studies to relate occurrence of a                             involving human subjects shalI be approved by the State
disease to contaminant exposure and to ensure that other                                   University of Iowa institutional review board.
factors known to cause the disease In question can be ruled                                   6.  The center may solicit, accept, and administer moneys
Dut.                                                                                       appropriated to the center by a public or private agency.
                                                                                                                                                          '1'

   f. roster relationships and ensure the exchange of                                         Sec. 229. NEW  SECTION.  266.37  SOIL TEST INTERPRETATION.
information with other teaching institutions or laboratories                                  The Iowa cooperative extension service in agriculture and
in the state which are concerned with the many forms of                                    home economics shall'develop and publish material on the
eivironmental cgn:amination.













                                    House File 631, p. 39                                                                    House File 631, p. 40


interpretation of the results of soil tests.. Thematerial                                    d.  Two representatives of private colleges and
shall also feature the danger to groundwater quality, from the                            universities within the state, to be nominated by the Iowa
overuse of fertiluzers and pesticides.  The.material shall be                             association of independent colleges and universities, and
available from the service at cost and any person providing                               appointed by the Iowa coordinating council for post-high
soil tests for agricultural or horticultural purposes shall                               school education.
provide the material to the customer with the soil test                                      e. One representative of the department of agriculture and
results.                                                                                  land stewardship, appointed by the secretary of agriculture.
   See. 230.  NEW SECTION.  266.3. LEOPOLD CENTER FOR                                        f. One representative of the department of natural
SUSTAINABLE AGRICULTURE.                                                                  resources, appointed by the director.
   1. For the purposes of this section,.  sustainable                                       g.  One man and one woman, actively engaged In agricultural
agriculture" means the appropriate use of crop and livestock                             production, appointed by the state soil conservation
systems and agricultural inputs supporting those activities                              committee.
which maintain economic and social viability while preserving                               The terms of the members shall begin and end as provided in
the high productivity and quality of Iowa's land.                                        section 69.19 and any vacancy shall be filled by the original
   2. Th e Leopold center for sustainable agriculture Is                                 appointing authority.  The terms shall be for four years and
established in the Iowa agricultural and home economics                                  shall be staggered as determined by the president of Iowa
experiment station at Iowa State University of science and                               State University of science and technology.
technology.  The center shall conduct and sponsor research to                               4. The Iowa agricultural and home economics experiment
identify and reduce negative environmental and socio-economic                            station shall employ a director for the center, who shall be
impacts of agricultural practices.  The center also shall                                appointed by the president of Iowa State University of science
research and assist in developing emerging alternative                                   and technology   The director of the center  shall employ the
practices that are consistent with a sustainable agriculture,                            necessary research and support staff.  The director and staff
The center shall develop in association with the Iowa                                    shall be employees of Iowa State University of science and
cooperative extension service in agriculture and home                                    technology.  No more than five hundred thousand dollars of the
economics an educational framework to inform the agricultural                            funds received from the agriculture management account
community and the general public of its findings.                                        annually shall be expended by the center for the salaries and
   3. An advisory board is established consisting of the                                 benefits of the employees of the center, including the salary
following members.                                                                       and benefits of the director.  The remainder of the funds
   a.  Three persons from Iowa State University of science and                           received from the agriculture management account shall be used
technology, appointed by Its president. to sponsor research grants and projects on a competitive basis
   b.' Two persons from the State University of Iowa,                                    from Iowa colleges and universities and private nonprofit
appointed by its president.                                                              agencies and foundations.  The center may also solicit
   c. Two persons from the University of Northern Iowa,                                  additional grants and funding from public and private
appointed by its president.                                                              nonprofit agencies and foundations.
                                                                                          The director shall prepare an annual report.











                                    House File 631, p. 41                                                                       House File 631, p. 42


   S.  The board shall provide the president of Iowa State                                    g.  Division of soil conservation of the department of
University of science and technology with a list of three                                   agriculture and land stewardship.
candidates from which the director shall be selected.  The                                    h.  Iowa cooperative extension- service in agriculture and
board shall provide an additional list of three candidates if                              home economics.
requested by the president.  The board shall advise the                                        i.  The university of northern Iowa.
director in the development of a budget, on the policies and                                   i.  The state hygienic laboratory.
procedures of the center, in the funding of research grant                                    The secretary of agriculture shall coordinate the
proposals, and regarding program planning and review. appointment process for compliance with section 69.16A.
   Sec. 231.  NEW SECTION.  317.26  ALTERNATIVE RE14EDIATICN                                  The secretary of agriculture shall be the chairperson of
pRACTICES. the council.  The presiding officers of~the senate and house
   The director of the department of natural resources, in                                 shall each appoint two nonvoting members, not more than one of
cooperation with the secretary of agriculture and county                                   any one political party, to serve on the advisory council for
conservation boards or the board of supervisors, shall develop                             a term of two years.  Thecouncil may invite the
and implement projects which utilize alternative practices in                              administrators of the United States geological survey and the
the remediation of noxious weeds and other vegetation within                               federal environmental protection agency to each appoint a
highway rights-of-way.                                                                     person to meet with the council in an advisory capacity.  The
   Sec. 232.  Section 467E.1, subsection 2, Code 1987, is                                  council shall meet quarterly or upon the call of the
amended.to read as follows:                                                                chairperson.  The council shall review possible uses of the
   2.  An agricultural energy management advisory council is                               funds fund and the effectiveness of current and past
established which shall consist of the secretary of                                        expenditures of the fund. The council shall make
agriculture and the chief administrator of each of the                                     recommendations to the department of agriculture and land
 following organizations or the administrator's designee:                                   stewardship on the uses of the fund.
   a.  The energy and geological resources division of the                                    Sec. 233.  PESTICIDE DEALER EXEMPTION.  The secretary may
department of natural resources.                                                           adopt rules to provide for license and certification fee
   b.  The envirormental protection division of the department                             adjustments that may be necessary to provide an equitable
of natural resources. transition from fees required prior to July 1, 1988.
    c.  Iowa state university of science and technology college                                Sec. 234.  APPROPRIATION.  For the fiscal year beginning
 of agriculture.                                                                            July 1, 1987, and ending June 30, 1988, the increased fee
    d.  Iowa state university of science and technology college                             revenues resulting to the fertilizer fund and to the pesticide
 of engineering.                                                                            fund from the increases in fees and expansion of coverage of
    e.  Iowa state water resource research institute.                                       fee requirements provided in this Act are appropriated to the
    f.  State university of Iowa department of preventative                                 department of agriculture and land stewardship for the
 medicine and environmental health.                                                         administration and implementation of chapters 200 and 206, as
                                                                                      amended by this Act.




                                                    t~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~







                                      House File 631. p. 43                                                                        House File 63L, p. 44


          PART THREE --WHELLS, SINKHOLES, WATERSHEDS,                                          Sec. 303. NEW SECTION.  l59.29o-AGRICULTURAL DRAINAGE
                          AND WETLANDS                                                      WELLS.
   Sec. 301.  NEW SECTION.   108.11  AGRICULTURAL DRAINAGE                                      1.  An owner of an agricultural drainage well shall
WELLS -- WETLANDS -- CONSERVATION EASEMENTS.                                                 register the well with the department of natural resources by
   The department shall develop and implement a program for                                  January 1, 1988.
the acquisition of wetlands and conservation easements on and                                   2.  An owner of an agriculture drainage well and a
around wetlands that result from the closure or change in use                                landholder whose land is drained by the well or wells of
of agricultural drainage wells upon Implementation of the                                    another person shall develop, in consultation with the
programs specified'in section 159.29.-to eliminate groundwater                               department of agriculture and land stewardship and the
contamination caused by the use of agricultural drainage                                     department of natural resources, a plan which proposes
wells.  The program shall be coordinated with the department                                 alternatives to the use of agricultural drainage wells by July
of agriculture and land stewardship.  The department may use                    I, 1991.
moneys appropriated for this purpose from the agriculture                                       a.  Financial incentive moneys may be allocated from the
management account of the groundwater protection fund in                                     financial incentive portion of the agriculture management
addition to other moneys available for wetland acquisition,                                  account of the groundwater protection fund to implement
protection, development, and management.                                                     alternatives to agricultural drainage wells.
   Sec. 302.  NEE  SECTION.  159.28  SINKHOLES -- CONSERVATION                                  b.  An owner of an agricultural drainage well and a
EASEK9NT PROGRAMS.                                                                           landholder whose land is drained by the well or wells of
   The department shall develop and implement a program for                                  another person shall not be eligible for financial incentive
the prevention of groundwater contamination through sinkholes.                               moneys pursuant to paragraph  'a" if the owner fails to
The program shall provide for education of landowners and                                    register the well with the department of natural resources by
encourage responsible chemical and land management practices                                 January 1, 1988 or if the owner fails to develop a plan for
in areas of the state prone to the formation of sinkholes.                                   alternatives in cooperation with the department of agriculture
   The program may provide financial incentives for land                                     and land stewardship and the department of natural resources.
management practices and the acquisition of conservation                                        3.  The department shall:
easements around sinkholes.  The program say also provide                                       a.  On July 1. 1987 initiate a pilot demonstration and
financial assistance for the cleanup of wastes dumped into                                   research project concerning elimination of groundwater
sinkholes.                                                                                   contamination attributed to the use of agricultural chemicals
   The program shall be coordinated with the groundwater                                     and agricultural drainage wells.  The project shall be
Protection programs of the department of natural resources and                               established In a location In North Central Iowa determined by
3ther local, state, or federal government agencies which could                               the department to be the most appropriate.  A demonstration
compensate landowners for resource protection measures.  The                                 project shall also be established in Northeast Iowa to study
Department shall use moneys appropriated !or this purpose from                               techniques for the cleanup of sinkholes.
:he agriculture management account of the groundwater
ncotection fund.











                                    House File 631, p. 45                                                                    House File 631, p. 46


  The agricultural drainage well pilot project shall be                                 prepared pursuant to this subsection.  The highest priority
designed to identify the environmental, economic, and social                             shall be given to agricultural drainage wells for which the
problems presented by continued use or closure of agricultural                           above criteria are best met, and the costs of necessary action
drainage wells and to monitor possible contamination caused by                           are at the minimum level.
agriculture lard management practices and agricultural                                      7.  Beginning July 1, 1990, the department shall initiate
chemical use relative to agricultural drainage wells. an ongoing program to meet the goal of eliminating chemical
   b.  Develop alternative management practices based upon the                           contamination caused by the use of agricultural drainage wells
findings from the demonstration projects to reduce the                                   by January 1, 1995 based upon the findings of the report
infiltration of synthetic organic compounds into the                                     published pursuant to subsection 6.
groundwater through agricultural drainage wells and sinkholes. B.  Notwithstanding the prohibitions of section 455B.267,
   c.  Examine alternatives and the costs of implementation of                           subsection 4, an owner of an agricultural drainage well may
alternatives to the use of agricultural drainage wells, and                              make emergency repairs necessitated by damage to the drainage
examine the legal, technical, and hydrological constraints for                           well to minimize surface runoff into the agricultural drainage
integrating alternative drainage systems into existing                                   well, upon the approval ok the county board of supervisors or
drainage districts.                                                                      the board's designee of the county in which the agricultural
   4.  Financial Incentive moneys expended through the use of                            drainage well is located.  The approval shall be based upon
the financial incentive portion of the agriculture management                            the following conditions:
account may be provided by the department to landowners in the                              a.  The well has been registered in accordance with both
project areas for employing reduced chemical farming practices                           state and federal law.
and land management techniques.                                                             b.  The applicant will institute management practices
   5.  The secretary may appoint interagency committees and                              including alternative crops, reduced application of chemicals,
groups as needed to coordinate the involvement of agencies                               or other actions which will reduce the level of chemical
participating in department sponsored projects.  The                                     contamination of the water which drains into the well.
interagency committees and groups may accept grants and funds                               c.  The owner submits a written statement that approved
from public and private organizations.                                                   emergency repairs are necessary and do not constitute a basis
   6.  The department shall publish a report on the status and                           to avoid the eventual closure of the well if closure is later
findings of the pilot demonstration projects on or before July                           determined to be required.  If a county board of supervisors
1, 1989, and each subsequent year of the projects.  The                                  or the board's designee approves the emergency repair of an
department of agriculture and land stewardship shall develop a                           agricultural drainage well, the county board of supervisors or
priority system for the elimination of chemical contamination                            the board's designee shall notify the department of the
from agricultural drainage wells and sinkholes.  The priority                            approval within thirty days of the approval.
system shall incorporate available information regarding the                                Sec. 304.  Section 455B.187, Code 1987, is amended by
significance of contamination, the number of registered wells                            adding the following new unnumbered paragraphs:
in the area, ant the information derived from the report











                                     House File 631, p. 47                                                                     House File 631, p. 48


   NEW JNNUHMBERED PARAGRAPH.  A landowner or the landowner's                              the program.  A person who fails to properly plug an abandoned
agent shall not drill for or construct a new water well                                    well on property the person owns, in accordance with the
without first obtaining a permit for this activity from the                                program established by the department, is subject to a civil
department.  The department shall not Issue a permit to any                                penalty of up to one hundred dollars per day that the well
person for. this activity unless the person first registers                                remains unplugged or improperly plugged.  The moneys collected
with the department all wells, including abandoned wells, on                               shall be deposited in the financial incentive portion of the
the property.  The department may delegate the authority to                                agriculture management account.  The department of agriculture
issue a permit to a county board of supervisors or the board's                            and land stewardship may provide by rule for financial
designee.  In the event of such delegation, the department                                 incentive moneys, through expenditure of the moneys allocated
shall retain concurrent authority.  The commission shall adopt                             to the financial-incentive-program portion of the agriculture
rules pursuant to chapter 17A to implement this paragraph.                                management account, to reduce a person's cost in properly
   NEW UNNUMBERED PARAGRAPH." Notwithstanding the provisions                              plugging wells abandoned prior to July 1. 1987.
of this section, a county board of supervisors or the board's                                 Sec. 306.  Section 465.22, Code 1987, is amended to read as
designee may grant an exemption from the permit requirements                               follows:
to a landowner or the landowner's agent if an emergency                                       465.22  DRAINAGE IN COURSE OF NATURAL DRAINAGE --
drilling is necessary to meet an immediate need for water.                                RECONSTRUCTION -- DAMAGES.
The exemption shall be effective immediately upon approval of                                 Owners of land may drain the same land in the general
the county board of supervisors or the board!'s designee.  The                            course of natural drainage by constructing or reconstructing
board of supervisors or the board's designee shall notify the                             open or covered drains, discharging the same drains in any
director within thirty days of the granting of an exemption.                               natural watercourse or depression whereby so the water will be
   NEW UNNUMBERED PARAGRAPH.  In the case of property owned by                            carried into some other natural watercourse, and when-such if
a state agency, a person shall not drill for or construct a                                the drainage is wholly upon the owner's land the owner shall
new water well without first registering with the department                               is not be liable In damages thereforT-nor-shatl-any-such for
the existence of any abandoned wells on the property.  The                                the drainage unless it increases the quantity of water or
department shall develop a prioritized closure program and                                changes the manner of discharge on the land of another.  An
time frame for the completion of the program, and shall adopt                             owner in constructing a replacement drain, wholly on the
rules to Implement the program.                                                           owner's own land, and in the exercise of due care be, is not
   Sec. 305.  NEW SECTION.  4558.190  ABANDONED WELLS PROPERLY                            liable in damages to another in-case if a previously
PLUGGED.                                                                                  constructed drain on the owner's own land is rendered
   All abandoned wells, as defined in section 4559.171, shall                             inoperative or less efficient by such the new drain, unless in
be properly plugged in accordance with the schedule                                       violation of the terms of a written contract.  Nothing-in-this
established by the department.  The department shall develop a                            This section shai*-in-any-manner-be-eonstrued-to does not
prioritized closure program and a time frame for the                                      affect the rights or liabilities of proprietors in respect to
completion of the program and shall adopt rules to implement                              running streams.












                                    House File 631, p. 49 House File 631, p. 50


   Sec. 307.  NEW SECTION.  558.69  EXISTENCE AND LOCATION OF                              be supplied by each county recorder in the state.  The county
WELLS, DISPOSAL SITES, UNDERGROUND STORAGE TANKS, AND                                      recorder shall transmit the statements to the department of
HAZARDOUS WASTE.                                                                           natural resources at times directed by the director of the
   With each declaration of value submitted to the county                                  department.
recorder under chapter 428A, there shall also be submitted a                                      PART FOUR -- SOLID WASTE MANAGEMENT AND LANDFILLS
statement that no known wells are situated on the property, or                                Sec. 401.  Section 18.3, Code 1907, is amended by adding
if known wells are situated on the property, the statement                                 the following new subsection:
must state the approximate location of each known well and its                                NEW SUBSECTION.  9.  Administering the provisions of
status with respect to section 159.29 on 455B.190.  The                                    section 18.18.
statement shall also state that no disposal site for solid                                    Sec. 402.  Section 28F.1, unnumbered paragraph 1, Code
waste, as defined in section 4558.301, which has been deemed                               1987, is amended to read as follows:
to be potentially hazardous by the department of natural                                      This chapter provides a means .for the joint financing by
resources, exists on the property, or if such a disposal site                              public agencies of works or facilities useful and necessary
does exist, the location of the site on the property.  The                                 for the collection, treatment, purification, and disposal in a
statement shall additionally state that no underground storage                             sanitary manner of liquid and solid waste, sewage, and
tank, as defined in section 455B.471, subsection 6, exists on                              industrial waste, facilities used for the conversion of solid
the property, or if an underground storage tank does exist,                                waste to energy, and also electric power facilities
the type-and size of the tank, and the substance in the tank.                              constructed within the state of Iowa except that hydroelectric
The statement shall also state that no hazardous waste as                                  power facilities may also be located in the waters and on the
defined in section 455B.411, subsection 4, or listed by the                                dams of or on land adjacent to either side of the Mississippi
department pursuant to section 455B.412, subsection 2, or                                  or Missouri river bordering the state of Iowa, water supply
section 455B.464, exists on the property, or if hazardous                                  systems, swimming pools or golf courses.  This chapter applies
waste does exist, that the waste is being managed in                                       to the acquisition, construction, reconstruction, ownership,
accordance with rules adopted by the department of natural                                 operation, repair, extension, or improvement of such works or
resources.  The statement shall be signed by the grantors or                               facilities, by a separate administrative or legal entity
the transferors of the property.  The county recorder shall                                created pursuant to chapter 28E.  When the legal entity
refuse to record any deed, instrument, or writing for which a                              created under this chapter is comprised solely of-cities,
declaration of value is requited under chapter 428A unless the                             counties, and sanitary districts'established under chapter
statement required by this section has been submitted to the                               358, or any combination thereof or any combination of the
county recorder.                                                                           foregoing with other public agencies, the entity shall be both
   If a declaration of value is not required, the above                                    a corporation and a political subdivision with the name under
information shall be submitted on a separate form.  The                                    which it was organized.  The legal entity may sue and be-sued,
director of the department of natural resources shall                                      contract, acquire and hold real and personal property
prescribe the form of the statement and the separate form to                               necessary for Corporate-purposes, adopt a corporate seal and












                                    House File 631, p. 51                                                                   House File 631. p. 52


alter the seal at pleasure, and execute all the powers                                      (6) The department of natural.-resources.
conferred in this chapter.                                                                  b. The active participation of representatives of small
   Sec. 403.  NEW SECTION.  268.4  SMALL BUSINESS ASSISTANCE                            businesses in the state shall also be sought and encouraged.
CENTER FOR THE SAFE AND ECONOMIC MANAGEMENT OF SOLID WASTE AND                              3.  Information obtained or compiled by the center shall be
HAZARDOUSSUBSTANCES.                                                                    disseminated directly to the Iowa department of economic
   1.  The small business assistance center for the safe and                            development, the small business development centers, and other
economic management of solid waste and hazardous substances is                          public and private agencies with interest in the safe and
established at the University of Northern Iowa.  The                                    economic management of solid waste and hazardous substances.
University of Northern Iowa, in cooperation with the                                        4. The center may solicit, accept, and administer moneys
department of natural resources, shall develop and implement a                          appropriated to the center by a public or private agency.
program which provides the following:                                                      Sec. 404.  Section 4558.301, Code 1987, Is amended by
   a.  Information regarding the safe use and economic                                  adding the following new subsections:
management of solid waste and hazardous substances to small                                NEW SUBSECTION.  7.  'Closure' means actions that will
businesses which generate the substances.                                               prevent, mitigate, or minimize the threat to public health and
   b. Dissemination of information to public and private                                the environment posed by a closed sanitary landfill,
agencies regarding state and federal solid waste and hazardous                           including, but not limited to, application of final cover,
substances regulations, and assistance in achieving compliance                          grading and seeding of final cover, installation of an
with the regulations.                                                                   adequate monitoring system, and construction of ground and
   c.  Advice and consultation In the proper storage,                                   surface water diversion structures, if necessary.
handling, treatment, reuse, recycling, and disposal methods of                             NEW SUBSECTION.  8.  'Closure plan' means the plan which
solid waste and hazardous substances.                                                   specifies the methods and schedule by which an operator will
  d.  Identification of the advantages of proper substance                             complete or cease disposal operations of a sanitary disposal
management relative to liability and operational costs of a                             project, prepare the area for long-term care, and make the
particular small business. area suitable for other uses.
   e.  Assistance in the providing of capital formation In                                 NEW SUBSECTION.  9.  "Lifetime of the project" means the
order to comply with state and federal regulations.                                     projected period of years that a landfill will receive waste,
   2.  a.  An advisory committee to the center is established,                          from the time of opening until closure, lased on the volume of
consisting of a representative of each of the following                                 waste to be received projected at the time of submittal of the
organizations:                                                                          initial project plan and the calculated refuse capacity of the
   (1) The Iowa department of economic development. landfill based upon the design of the project.
   (2)  The small business development commission.                                         NEW SUBSECTION.  10.  'Financial assurance Instrument"
   {3) The University of Northern Iowa.                                                 means an instrument submitted by an applicant to ensure the
   (4) The State University of Iowa.                                                    operator's financial capability to provide reasonable and
   (5)  Iowa State University of science and technology.                                necessary response during the lifetime of the project and for











                                    Hou se File 631, p. 53                                                                      House File 631, p. 54
                                                 Ho ~ ~ ~ ~ ~ ~ ~ ~ ~~~ad eeiiluse  ofeFaeial deneg value p. so3i

the thirty years following closure, and to provide for the                                  and beneficial use Of the material and energy values of solid
closure of the facility and postclosure care required by rules                              waste.  While recognizing the continuing necessity for the
adopted by the commission in the event that the operator fails                              existence of landfills, alternative methods of managing solid
to correctly perform closure and postclosure care                                           waste and a reduction in the reliance upon land disposal of
requirements.  The form may include the establishment of a                                 solid waste are encouraged.  In the promotion of these goals,
secured trust fund, use of a cash or surety bond, or the                                    the following waste management hierarchy in descending order
obtaining of an irrevocable letter of credit. of preference, is established as the solid waste management
   NEW  SUBSECTION.  11.  'Postclosure" and -postclosure care'                             policy of the state:

mean the time and actions taken for the care, maintenance, and                                 a.  Volume reduction at the source.
monitoring of a sanitary disposal project after closure that                                   b.  Recycling and reuse.
will prevent, mitigate, or minimize the threat to public                                       c.  Combustion with energy recovery and refuse-derived
health, safety, and welfare and the threat to the environment                               fuel.
posed by the closed facility.                                                                  d.  Combustion for volume reduction.
   NEW SUBSECTION. '12.  'Postclosure plan' means the plan                                     e.  Disposal in sanitary landfills.
which specifies the methods and schedule by which the operator                                 2.  In the implementation of the solid waste management
will perform the necessary monitoring and care for the area                                policy, the state shall:
after closure of a sanitary disposal project.                                                  a.  Establish and maintain a cooperative state and local
   NEW  SUBSECTION.  13.  'Manufacturer' means a person who by                             program of project planning, and technical and financial

labor, art, or skill transforms raw material into a finished                               assistance to encourage comprehensive solid waste management.
product or article of trade.                                                                   b.  Utilize the capabilities of private enterprise as well
   NEW'SUBSECTION.  14. 'Leachate' means fluid that has                                    as the services of public agencies to accomplish the desired
percolated through solid waste and which contains contaminants                             objectives of an effective solid waste management program.
consisting of dissolved or suspended materials, chemicals, or                                  Sec. 406.  Section 455B.304, unnumbered paragraph 3, Code
microbial waste products from the solid waste.                                             1987, is amended to read as follows:
   NEW  SUBSECTION.  15.  'Actual cost" means the operational,                                The commission shall adopt rules prohibiting the disposal
remedial and emergency action, closure, postclosure, and                                   of uncontained liquid waste in a sanitary landfill.  The  rules
monitoring costs of a sanitary disposal project for the                                    shall prohibit land burial or disposal by land application of
 lifetime of the project. wet sewer sludqe at a sanitary landfill.
   Sec. 405.  NEW  SECTION.  455B.301A  DECLARATION OF POLICY.                                Sec. 407.  Section 4558.304, unnumbered paragraph 6, Code
    1.  The protection of the health, safety, and welfare of                                1987, is amended to read as follows:
 Iowans and the protection of the environment require the safe                                 The commission shall, by rule, require continued monitoring
 and sanitary disposal of solid wastes.  An effective and                                   of groundwater pursuant to this section for a period of twenty
 efficient solid waste disposal program, protects the thirty years after the sanitary disposal project is closed.
 environment and the public, and provides the most practical                                The commission may prescribe a lesser period of monitoring












                                      House File 631, p. 55                                                                     House File 631, p. 56


duration and frequency in consideration of the potential or                                   NEW UNNUMBERED PARAGRAPH.  After July 1, 1997, however, no
 lack thereof for groundwater contamination from the sanitary                               new landfill permits shall be Issued unless the applicant
disposal project.  The commission may extend the twenty-year                               certifies that the landfill is needed as a part of an
 thirty-year monitoring period on a site-specific basis by                                  alternative disposal method, or unless the applicant provides
adopting *rules specifically addressing additional monitoring                              documentation which satisfies the director that alternatives
 requirements for each sanitary disposal project for which the                              have been studied and are not-either technically or
monitoring period Is to be extended.                                                       economically feasible.  The decision of the director is
    Sec. 408.  Section 4558.304, Code 1987, is amended by                                  subject to review by the commission at its next meeting.
adding the following new unnumbered-paragraphs:                                               Sec. 410.  Section 4558.305, Code 1987, is amended by
   NEW UNNUMBERED PARAGRAPH.  The commission shall adopt rules                            adding the following new subsection:
which establish closure, postclosure, leachate control and                                    NEW SUBSECTION.  6.  Beginning July 1, 1992, the director
treatment, and financial assurance standards and requirements                             shall not issue, renew, or reissue a permit for a sanitary
and which establish minimum levels of financial responsibility                             landfill unless the sanitary landfill is equipped with a
for sanitary disposal projects.                                                            leachate control system.  The director may exempt a permit
   NEW UNNUMBERED PARAGRAPH.  The commission shall adopt rules                            applicant from this requirement If the director determines
which establish the minimum distance between tiling lines and                              that certain conditions regarding, but not limited to, exist-
a sanitary landfill in order to assure no adverse effect on                                ing physical conditions, topography, soil, geology, and
the groundwater.                                                                           climate, are such that a leachate control system is
   NEW UNNUMBERED PARAGRAPH.  The commission shall adopt rules                            unnecessary.
for. the distribution of grants to cities, counties, central                                  Sec. 411.  Section 4558.306, subsection 1, Code 1987, is
planning agencies, and public or private agencies working in                               amended to read as follows:
cooperation with cities or counties, for the purpose of solid                                 1. A city, county, and a private agency operating or
.waste management.  The rules shall base -the awarding of grants                           planning to operate a sanitary disposal project shall file
on a project's reflection of the solid waste management policy                             with the director a comprehensive plan detailing the method by
and hierarchy established in section 455B.301A, the proposed                              which the city, county, or private agency will comply with
amount of local matching funds, and community need.                                        this part 1.  The director shall review each comprehensive
   NEW UNNUMBERED PARAGRAPH.  By July 1, 1990, a sanitary                                 plan submitted and may reject, suggest modification, or
landfill disposal project operating with a permit shall have a                            approve the proposed plan.  The director shall aid in the
trained, tested, and certified operator.  A certification                   *             development of comprehensive plans for compliance wit-h this
program shall be devised or approved by rule of the depart-                                part.  The director shall make available to a city, county,
ment.                                                                                      and private agency appropriate forms for the submission of
   Sec. 409.  Section 4559.305, subsection 5, Code 1987, is                               comprehensive plans and may hold hearings for the purpose of
amended by adding the following new unnumbered paragraph:                                  implementing this part.  The director and governmental
                                                                                         agencies with primary responsibility for the development and











                                     House File 631, p. 57                                                                     House File 631, p. 58


conservation of energy resources shall provide research and                                 d.  A specific plan and schedule for implementing
assistance, when cities and counties operating or planning to                             technically and economically feasible solid waste disposal
operate sanitary disposal projects request aid in planning and                           methods that will result in minimal environmental impact.
implementing resource recovery systems.  A comprehensive plan                               4.  In addition to the above requirements, the followinq
filed by a private aqency operating or planning to operate a                             specific areas must be addressed in detail in the
sanitary disposal project required pursuant to section                                   comprehensive plan:
455B.302 shall be developed in cooperation and consultation                                 a.  A closure and postclosure plan detailing the schedule
with the city or county responsible to provide for the                                   for and the methods by which the operator will meet the
establishment and operation of a sanitary disposal project.                              conditions for proper closure and postclosure adopted by rule
   Sec. 412.  Section 4558.306, subsection 2, Code 1987, is                              by the commission.  The plan shall include, but is not limited
amended to read as follows:                                                              to, the proposed frequency and types of actions to be
   2.  The plan required by subsection 1 shall be filed with                             implemented prior to and following closure of an operation,
the department at the time of initial application for the                                the proposed postclosure actions to be taken to return the
construction and operation of a sanitary landfill disposal                               area to a condition suitable for other uses, and an estimate
project and shall be updated and refiled with the department                             of the costs of closure and postclosure and the proposed
at the time of each subsequent application for renewal or                                method of meeting these costs.  The postclosure plan shall
reissuance of a previously issued permit.                                                reflect the thirty-year time period requirement for
   Sec. 413.  Section 455B.306, subsection 3, Code 1987, is                              postclosure responsibility.
amended to read as follows:                                                                 b.  A plan for the control and treatment of leachate,
   3.  A comprehensive plan filed pursuant to this section in                            including financial considerations proposed in meeting the
conjunction with an application for issuance, renewal, or                                costs of control and treatment in order to meet the
reissuance of a permit for a sanitary disposal project shall                             requirements of section 4558.305, subsection 6.
incorporate and reflect the waste management hierarchy of the                               c.  A financial plan detailing the actual cost of the
state solid waste management policy and shall at a minimum                               sanitary disposal proiect and including the funding sources of
address the following general topics to the extent appropriate                           the project.  In addition to the submittal of the financial
to the technolocv employed by the applicant at the sanitary                              plan filed pursuant to this subsection, the operator of an
disposal project:                                                                        existing sanitary landfill shall submit an annual financial
   a.  The extent to which solid waste is or can be recycled.                            statement to the department.'
   b.  The economic and technical feasibility of using other                                d.  An emergency response and remedial action plan
existing sanitary disposal project facilities in lieu of                                 including established provisions to minimize the possibility
initiating or continuing the sanitary landfill for which the                             of fire, explosion, or any release to air, land, or water of
permit is being sought.                                                                  pollutants that could threaten human health and the
   c.  The expec:ed environmental impact of alternative solid                            environment, and the identification of possible occurrences             <
waste disposal methods, including the use of sanitary                                    that may endanger human health and environment.
landfills.













                                                         ~~~~~~~~~~~~~~~~~~~~~~House File 631, p. 59
                                     House  File 631, p.,  60

                                            Sec. 414.Section  55.0 Code1987  is amended by  a.  The commission shall adopt by rule the minimum amounts
 adinete. foll4in ne u section45836Coe97,auns
adding the following new subsection:                                                        of financial responsibility for sanitary disposal projects.
   NEW SUBSECTION.  4.  In addition to the comprehensive plan                                  d.  Financial assurance Instruments may include Instruments
filed pursuant to subsection 1. a person operating or                                       such as cash or surety bond, a letter of credit, a secured

proposing to operate a sanitary disposal project shall provide                              trust fund, or a corporate guarantee.
a financial assurance instrument to the department prior to                                    e.  The annual financial statement submitted to the
the initial approval of a permit or prior to the renewal of a                               department pursuant to section 4558.306, subsection 3,
permit for an existing or expanding facility beginning July 1,                              paragraph Id', shall Include the current amounts established
1988.                                 .-                                                    in each of the accounts and the projected amounts to be
   a.  The financial assurance instrumept shall meet all                                    deposited in the accounts in the following year.
requirements adopted by rule by the commission, and shall not                                  Sec. 415.  Section 455B.307, Code 1987, is amended to read
be canceled, revoked, disbursed, released, or allowed to                                    as follows:
terminate without the approval of the department.  Following                                   4550.307  DUMPING -- WHERE PROHIBITED.
the cessation of operation or closure of a sanitary disposal                                   1.  te-shal  be-snavfui-for-any A private agency or public
project, neither the guarantor nor the operator shall cancel,                               agency  eo shall not dump or deposit or permit the dumping or
revoke, or disburse the financial assurance instrument or                                   depositing of any solid waste resulting from Its own
allow the instrument to terminate until the operator Is                                     residential, farming,   manufacturing. mininq, or commercial
releas~ed from closure, postclosure, and monitoring                                         activities at any place other than a sanitary disposal project
responsibilities.                                                                          approved by the director unless the agency has been granted a
   b.  The operator shall maintain closure, and postclosure                                permit by the department which allows the dumping or
accounts.  The commission shall adopt by rule the amounts to                                depositing of solid waste on land owned or leased by the
be contributed to the accounts based upon the amount of solid                               agency.  The department shall adopt rules regarding the
.waste received by the facility.  The accounfits established                                permitting of this activity which shall provide that the
shall be specific to the facility.                                                          public interest is best served, but which may be based upon
   (1)  Money in the accounts shall not be assigned for the                                criteria less stringent than those regulating a public
benefit of creditors with the exception of the state.                                      sanitary disposal project provided that the rules adopted meet
   (2) Money in an account shall not be used to pay any final                              the groundwater nondegradation goal specified In section
judgment against a licensee arising out of the ownership or                                455E.4.  The comprehensive plans for these facilities may be
operation of the site during its active life or after closure. varied in consideration of the types of sanitary disposal
   (3) Conditions under which the department may gain access                               practices, hydrologic and geologic conditions, construction
to the accounts and circumstances under which the accounts may                             and operations characteristics, and volumes and types of waste
be released to the operator after closure and postclosure                                  handled at the disposal site.  ?his-section-shael-not-prohabbe
responsibilities have been met, shall be established by the
commission.










                                     House File 631, p. 61                                                                    House File 631, p. 62


manufacturing97-imining-or-eCOmerein-aciVities on-tand-owned                             1. 1988 and shall increase annually in the amount of fifty
or-ieased-by-,~-if-the-action-dGee-neot-- oate-any-statute-ef                            cents per ton through July 1, 1992.  The cit       y or county
this-state-oe-rsles-promuigated-by-the-enmmissien-ot-iocee                               providing for the establishment and operation of the sanitary
boards-of-healthT-or-iocal-ordfnlancesT  The director may issue                          landfill may charqe an additional tonnage fee for the disposal
temporary permits for dumping or disposal of solid waste at                              of solid waste at the sanitary landfill, to be used
disposal sites for which an application for a permit to                                  exclusively for the development and implementation of
operate a sanitary disposal project has been made and which                              alternatives to sanitary landfills.
have not met all of the requirements of part 1 of this                                      Sec. 417.  Section 4558.310, subsections 4 and 5, Code
division and the rules adopted by the commission if a                                    1987, are amended to read as follows:
compliance schedule has been submitted by the applicant                                     4.  All tonnage fees received by the department under this
specifying how and when the applicant will meet the                                      section shall be paid-to-a-groundvater-fund-created-undef
requirements for an operational sanitary disposal project and                            seetion-45587309 deposited in the solid waste account of the
the director determines the public interest will be best                                 groundwater protection fund created under section 455E.11.
served by granting such temporary permit.                                                   5.  Fees imposed by this section beginning July 1, 1988
   7 7.  The director may issue any order necessary to secure                            shall be paid to the department on an-annual a quarterly
compliance with or prevent a violation of the provisions of                              basis.  Pees-are-due-on-Aprl-15-for-the-prevtous-calendar
this part 1 of division IV or the rules promulgated adopted                              year The initial payment of fees collected beqinninq July 1,
pursuant thereto to the part.  The attorney general shall, on                            1988 shall be paid to the department on January 1, 1989 and on
request of the department, institute any legal proceedings                               a quarterly basis thereafter.  The payment shall be
necessary in obtaining compliance with an order of the                                   accompanied by a return in the form prescribed by the
commission or the director or prosecuting any person for a                               department.
violation of the provisions of said the part or rules issued                                Sec. 418.  Section 455B.310, Code 1987, is amended by
pursuant thereto to the part.                                                            adding the following new subsections:
   3 8.  Any person who violates any provision of part 1 of                                 NEW SUBSECTION.  7.  The department shall grant exemptions
this division or any rule or any order promulgated adopted or                            from the fee requirements of subsection 2 for receipt of solid
the conditions of any permit or order issued pursuant to part                            waste meeting all of the following criteria:
I of this division shall be subject to a civil penalty.  The                                a.  Receipt of the solid waste is pursuant to a written
amount of the civil penalty shall be based upon the toxicity                             contract between the owner or.pperator of the sanitary
and severity of the solid waste as determined by rule, but not                           landfill and another person.
to exceed five hundred dollars for each day of such violation.                              b.  The contract was lawfully executed prior to January 1,
   Sec. 416.  Section 455B.310, subsection 2, Code 1987, is                              1987.
amended to read as follows:                                                                 c.  The contract expressly prohibits an increase in the
   2.  The tonnage fee is twenty-five-eeets one dollar and                               compensation or fee payable to the owner or operator of the
fifty cents per ton of solid waste for the year beqinninq July                           landfill and does not allow voluntary cancellation or













                                     House File 631, p. 63                                                                   House File 631, p. 64


renegc: ation of the compensation or fee during the term of                              upon a proosals  eflection of thesold waste manaqement
the ccnt.:ract.                                                                          policy and hierarchy established in section 455B.301A.  Grants
   d.  :he contract has not been amended at any time after                               shall be awarded only for an amount determined by the
January 1, 1987.                                                                         department to be reasonable and necessary to conduct the work
   e.  The*owner or operator of the sanitary landfill applying                           as set forth In the qrant application.  Grants may be awarded
                                                                                         at ae morahiu  cot-hae levelapplinetion percents with aare
for exemption demonstrates to the satisfaction of the                                    at a maximum cost-share level of ninety percent with a
department that good faith efforts were made to renegotiate                              preference qven fo  regional or shared projects and a
the cor.:ract notwithstanding its terms, and has been unable to                          preference given to projects involvinq environmentally fragile
agree ca an amendment allowing the fee provided in subsection                            areas which are particularly subject to qroundwater
2 to be added to the compensation or fee provisions of the                               contamination.  Grants shall be awarded in a manner which will
contract.                                                                                distribute the qrants qeoqraphicallï¿½  throughout the state.
   f.  Applications for exemption must be submitted on forms                                Sec. 420.  NEW SECTION.  455B.312  HASTE ABATEHENT PROGRAM.
provided by the department with proof of satisfaction of all                                1.  If the department receives a complaint that certain
criteria.                                                                                products or packaging which when disposed of are incompatible
   g. Notwithstanding the time specified within the contract,                            with an alternative method of managing solid waste and with
an exemption from payment of the fee increase requirements for                           the solid waste management policy, the director shall
a multiyear contract shall terminate by January 1, 1989.                                 investigate the complaint.  If the director determines that
   NEW SUBSECTION.  8.  In the case of a sanitary disposal                               the complaint is well-founded, the department shall inform the
project other than a sanitary landfill, no tonnage fee shall                             manufacturer of the product or packaging and attempt to
apply for five years beginning July 1, 1987 or for five years                            resolve the matter by informal negotiations.
from the commencement of operation, whichever is later.  By                                 2.  It informal procedures fall to result in resolution of
July 10 1992, the department shall provide the general                                   the matter, the director shall hold a hearing between the
assembly with a recommendation regarding appropriate fees for                            affected parties.  Following the hearing, if it is determined
alterna:ive sanitary disposal projects.                                                  that removal of the product or packaging is critical to the
 alerc.iv  santar  Secisonsa. ll projects.    ,Cde18,i
   Sec. 419.  Section 4553.311, subsection 2, Code 1987, is                              utilization of the alternative method of disposing of solid
amended to read as follows:                                                              waste, the director shall issue an order setting out the
   2.  Grants shall only be awarded to a city or a county;                               requirements for an abatement plan to be prepared by the
however, a grant may be made to a central planning agency                                manufacturer within the time. frame established in the order.
representing more than one city or county or combination of                                 If an acceptable plan is not prepared, the plan is not
cities or counties for the purpose of planning and                                       Implemented, or the problem otherwise continues unabated, the
Implementing regional solid waste management facilities or may                           attorney general shall take actions authorized by law to
be made to private or oublic aqencies workinq in cooperation                             secure compliance.
with a city or county.  The department shall award grants, in                               Sec. 421.  NEW SECTION.  18.18  STATE PURCHASES -- RECYCLED
accor4ance with the rules adopted by the commission, based                               PRODUCTS.











                                     House File 631, p.  65                                                                      House File 631, p. 66


   1.  When purchasing paper products, the department of                                   year beginning July 1, 1987, and ending June 30, 1988, for the
general services shall, wherever the price is reasonably                                   establishment of the small business assistance center for the
competitive and the quality intended, purchase the recycled                                safe and economic management of solid waste and hazardous
product.                                                                                   substances at the University of Northern Iowa.
   2.  The department of general services, in conjunction mitl                                3.  The remainder of the moneys In the account are
the department of natural resources, shall review the                                      appropriated to the department of natural resources for the
procurement specifications currently used by the state to                                  development of guidelines for groundwater monitoring at
eliminate, wherever possible, discrimination against the                                   sanitary disposal projects as defined La    section 455B.301,
procurement of products manufactured with recovered materials. subsection 3.
   3.  The department of natural resources shall assist the                                             PART FIVE -  HOUSEHOLD HAZARDOUS WASTE
department of general services in locating suppliers of                                       Sec. 501.  NEW SECTION.  4551.1  DEFINITIONS.
recycled products and collecting data on recycled content                                     As used in this chapter unless the context otherwise
purchases.                                                                                 requires:
   4.  Information on recycled content shall be requested on                                  1.  'Department' means the department of natural resources.
all bids for paper products issued by the state and on other                                   2.  'Commission" means the state environmental protection
bids for products which could have recycled content such as                                commission.
oil, plastic products, compost materials, aggregate, solvents,                                 3.  'Manufacturer' means a person who manufactures or
and rubber products.                                                                       produces a household hazardous material for resale in this
   5.  The department of general services, in conjunction with                             state.
the department of natural resources, shall adopt rules and                                    4. 'Wholesaler' or 'distributor' means a person other than
regulations to carry out the provisions of this section.                                   a manufacturer or manufacturer's agent who engages in the
   6.  All state agencies shall fully cooperate with the                                   business of selling or distributing a household hazardous
departments of general services and natural resources in all                               material within the state, for the purpose of resale.
phases of implementing this section.                                                          5.  -'Retailer' means a person offering for sale or selling
   Sec. 422.  GROUNDWATER FUND EXISTING FEES.                                              a household hazardous material to the ultimate consumer,
   All tonnage fees received by the department of natural                                  within the state.
resources pursuant to section 4558.310 and deposited in the                                   6.  'Display area label' means the signage used by a
groundwater fund and existing in the groundwater fund prior to                             retailer to mark a household.hazardous material display area
December 31, 1987, shall be used for the following purposes:                               as prescribed by the department of natural resources.
   1.  S~x cents of the twenty-five cents per ton deposited in                                7.  'Residential' means a permanent place of abode, which
the fund !s appropriated to the waste management authority of                              is a person's home as opposed to a person's place of business.
the department of natural resources.                                                          8.  'Household hazardous material' means a product used for
   2.  Fifty thousand dollars of the moneys in the fund is                                 residential purposes and designated by rule of the department
appropriated to the University of Northern Iowa for the fiscal                             of natural resources and may include any hazardous substance











                                      House File 63!, p. 67                                                                     House File 631, p. 68


as defined in sec:ion 455B.411, subsection 3;and any                                         A retailer shall maintain and prominently display a
hazardous waste as defined in section 4550.411, subsection 4;                             booklet, developed by the department, in cooperation with
and shall include but is not limited to the following                                     manufacturers, distributors, wholesalers, and retailer
materials:  motor oils, motor oll filters, gasoline and diesel                            associations and provided to retailers at departmental
additives, degreasers., waxes, polishes, solvents, paints, with                           expense, which provides information regarding the proper use
the exception of latex-based paints, lacquers, thinners,                                  of household hazardous materials and specific instructions for
caustic household cleaners, spot and stain remover with                                   the proper disposal of certain substance categories.  The
petroleum base, and petroleum-based fertilizers. However,                                 department shall also develop and provide to a retailer, at
'household hazardous material' does not include laundry                                   departmental expense, bulletins regarding household hazardous
detergents or soaps, dishwashing compounds, chlorine bleach,                              materials which provide information designated by rule of the
personal care products, personal care soaps, cosmetics, and                               commission.  The retailer shall distribute the bulletins
medications.                                                                              without charge to customers.
   Sec. 502.  NEW SECTION.  455F.2  POLICY STATEMENT.                                        A manufacturer or distributor of household hazardous
   It is the policy of this state to educate Iowans regarding                             materials who authorizes independent contractor retailers to
the hazardous nature of certain household products, proper use                            sell the products of the manufacturer or distributor on a
of the products, and the proper methods of disposal of                                    person-to-person basis primarily In the customer's home, shall
residual product and containers in order to protect the public                            print informational lists of its products which are designated
health, safety, and the environment.                                                      by the department as household hazardous materials.  These
   Sec. 503.  NEW SECTION.  455F.3  LABELS REQUIRED.                                      lists of products and the consumer information booklets
   1. A retailer shall affix a display area label, as                                     prepared in accordance with this section shall be provided by
prescribed by rule of the commission, in a prominent location                             the manufacturer or distributor in sufficient quantities to
upon or near the display area of a household hazardous                                    each contractor retailer for dissemination to customers.
material.  If the display area is a shelE, and the price of                               During the course of a sale of a household hazardous material
the product is affixed to the shelf, the label shall be                                   by a contractor retailer, the customer shall in the first
affixed adjacent to the price Information.                                                instance be provided with a copy of both the list and the
   2. The department shall develop, in cooperation with                                   consumer information booklet.  In subsequent sales to the same
distributors, wholesalers, and retailer associations, and                                 customer, the list and booklet shall be noted as being
shall distribute :3 retailers a household hazardous products                              available if desired.
list to be utilized in the labeling of a display area                                        Sec. 505.  NEW SECTION.  455F.5  DUTIES OF THE COMMISSION.
containing produc:e which are household hazardous materials.                                 The commission shall:
   3. A person fc-nd in violation of this section is guilty                                  I.  Adopt rules which establish a uniform label to be
of a simple misdemeanor.                                                                  supplied and used by retailers.
   Sec. 504.  NEW SECTION.  455F.4  CONSUMER INFORMATION                                     2.  Adopt rules which designate the type and amount of
BOOKLETS.                                                                                 information to be included in the consumer information
                                                                                        booklets and bulletins.











                                     House File 631, p. 69                                                                      House File 631, p. 70


   Sec. 506.  NEW SECTION.  455F.6  DUTIES OF THE DEPARTMENT.                             All permits provided for in this division shall expire on June
   The department shall:                                                                  30 of each year.  Every retailer shall jubmit an annual
   1.  Designate products which are household hazardous                                   application by July 1 of each year and a fee of ten dollars
materials and, based upon the designations and in consultation                            based upon gross retail sales of up to fifty thousand dollars,
with manufacturers, distributors, wholesalers, and retailer                               twenty-five dollars based upon gross retail sales of fifty
associacions, develop a household hazardous product list for                              thousand dollars to three million dollars, and one hundred
the use of retailers in identifying the products.                                         dollars based upon gross retail sales of three million dollars
   2.  Enforce the provisions of this chapter and implement                               or more to the department of revenue and finance for a permit
the penalties established.                                                                upon a form prescribed by the director of revenue and finance.
   3.  Identify, after consulting with departmental staff and                             Permits are nonrefundable, are based upon an annual operating
the listing of other states, no more than fifty commonly used                             period, and are not prorated.  A person in violation of this
household products which, due to level of toxicity, extent of                             section shall be subject to permit revocation upon notice and
use, nondegradability, or other relevant characteristic,                                  hearing.  The department shall remit the fees collected to the
constitute the greatest danger of contamination of the                                    household hazardous waste account of the groundwater
groundwater when placed in a landfill.  The department may                                protection fund.  A person distributing general use pesticides
identify additional products by rule.                                                     labeled for agricultural or lawn and garden use with gross
   4.  Submit recommendations to the general assembly                                     annual pesticide sales of less than ten thousand dollars is
regarding the products specified in subsection 1 which include                            subject to the requirements and fee payment prescribed by this
but are not limited to the following:                                                     section.
   a.  Education of consumers regarding the danger incurred in                               2.  A manufacturer or distributor of household hazardous
disposal of the products, the proper disposal of the products,                            materials, which authorizes retailers as independent
and the use of alternative products which do not present as                               contractors to sell the products of the manufacturer or
great a disposal danger as the products specified.                                        distributor on a person-to-person basis primarily in the
   b.  Dissemination of information regarding the products                                customer's home, may obtain a single household hazardous
specified.                                                                                materials permit on behalf of its authorized retailers in the
   c.  Special labeling or stamping of the products.                                      state, in lieu of Individual permits for each retailer, and
   d, A means for proper disposal of the products.                                        pay a fee based upon the manufacturer's or distributor's gross
   e.  Xroposed legislative action regarding implementation of                            retail sales in the state according to the fee schedule and
recommendations concerning the products.                                                  requirements of subsection 1.  However, a manufacturer or
   Sec. 507.  NEW SECTION.  455F.7  HOUSEHOLD HAZARDOUS                                   distributor which has gross retail sales of three million
MATERIALS PERMIT.                                                                         dollars or more in the state shall pay an additional permit
   1.  A retailer offering for sale or selling a household                                fee of one hundred dollars for each subsequent increment of
hazardous material shall have a valid permit for each place of                            three million dollars of gross retail sales in the state, up
business owned or operated by the retailer for this activity.                             to a maximum permit fee of three thousand dollars.













                                     House rile 631, p. 71                                                                     House File 631, P. 72


   Sec. 508.  N' SECTION.  455F.8  HOUSEHOLD HAZARDOUS WASTE                                  in addition to the 'Toxic Cleanup Days'         M the
CLEANUP PROGRAM CREATED.                                                                   department shall implement a public information and education
   The department shall conduct programs to collect and                                   program regarding the use and disposal of household hazardous
dispose of small amounts of hazardous wastes which are being                               materials.  The program shall provide appropriate information
stored in residences or on farms.  The program shall be known                              concerning the reduction in use of the materials, including
as "Toxic Cleanup Days".  The department shall promote and                                 the purchase of smaller quantities and selection of
conduct the program and shall by contract with a qualified and                             alternative products.  The department shall cooperate with
bonded waste handling company, collect and properly dispose of                             existing educational institutions, distributors, wholesalers,
wastes believed by the person disposing of the waste to be                                 and retailers, and other agencies of government and shall
hazardous.  The department shall establish maximum amounts oE                              enlist the support of service organizations, whenever
hazardous wastes to be accepted from a person during the                                  possible, in promoting and conducting the programs in order to
'Toxic Cleanup Days" program..  Amounts accepted from a person                            effectuate the household hazardous materials policy of the
above the maximum shall be limited by the department and may state.
be subject to a fee set by the department, but the department                                 Sec. 510.  NEW SECTION.  455F.i0  PENALTIES.
shall not assess a fee for amounts accepted below the maximum                                 Any person violating a provision of this chapter or a rule
amount.  The department shall designate the times and dates                               adopted pursuant to this chapter is guilty of a simple
for the collection of wastes.  The department shall have as a                             misdemeanor.
goal twelve 'Toxic Cleanup Days" during the period beginning                                  Sec. 511.  COLLECTION OF USED MOTOR OIL -- PILOT PROJECT.
July 1, 1987, and ending October 31, 1988.  In any event, the                                 The state department of transportation, in cooperation with
department shall offer the number of days that can be properly                             the department of natural resources and the Iowa State
and reasonably conducted with funds deposited in the household                            University of science and technology center for industrial
hazardous waste account.  In order to achieve the maximum                                  research and service, shall institute a pilot project to
benefit from the program, the department shall offer 'Toxic                               collect and dispose of used motor oil from residences and
Cleanup Days' on a statewide basis and provide at least one                 (arms in one urban county and one rural county by October 1,
'Toxic Cleanup Day' in each departmental region.  'Toxic                                  1987.
Cleanup Days' shall be offered in both rural and urban areas                                 The state department of transportation shall promote
to provide a comparison of response levels and to test the                                community participation; provide collection sites and
viability of multicounty "Toxic Cleanup Days'.  The department                            facilities; prescribe procedures for each collection site,
may also offer at least one 'Toxic Cleanup Day' at a                                      including the amount of- used motor oil to be accepted from a
previously serviced location to test the level of residual                                household or farm, and measures necessary to assure
demand for the event and the effect of the existing public                                maintenance of a sanitary collection site environment; arrange
awareness on the program.  The department shall prepare an                                for proper used oil disposal; and report to the general
annual report ci:ing the results and costs of the program for                             assembly by March 1, 1988, regarding the progress on the pilot
submittal to the general assembly.                                                        project.  The report shall include the cost of the project,
   Sec. 509.  NEW   SECTION.  455F.9  ï¿½DUCATION PROG:-=4.











                                    House File 631, p. 73                                                                       House File 631, p. 74


the amount of used motor oil collected, and anY other relevant                                 Sec. 602.  PLAN OF OPERATIONS PROGRAM.  The division of
data gathered by the participating agencies.  The state                                     insurance of the department of commerce, in conjunction with
department of transportation shall recommend in the report to                               the department of natural resources and private industry,
the general assembly whether the program should be continued,                               shall, no later than September 15, 1987, create a plan of
expanded, modified, or discontinued.                                                        operations program for the development of state or private
   The department of natural resources shall assist the state                               funds to satisfy the requirements of the federal Resource
department of transportation in promoting the pilot project                                 Conservation and Recovery Act, 42 U.S.C. S 6901 et seq.,
and in applying any state or federal environmental regulations                              regarding the financial responsibility of an owner or operator
to the pilot project.  The Iowa  State University of science                               of an underground storage tank which stores petroleum.
and technology center for industrial-research and service                                      The program shall include, but Is not limited to, the
shall coordinate research on establishing the waste stream for                              following elements:
used motor oil, investigate alternative disposal methods, and                                  1.  The establishment of a pool of insurers sufficient to
coordinate research with other states' research projects on                                manage all anticipated participants required to obtain and
used motor oil collection and disposal.                                                    maintain evidence of financial responsibility in [he amounts
   This section is repealed July 1, 1989.                                                  of one million dollars for corrective action and one million
   Sec. 512.  NEW SECTION.  455F.12  RECYCLING AND RECLAMATION                             dollars for the compensation of third parties for property
PROGRAMS.                                         -damage and bodily injury.
   Up to eighty thousand dollars of the moneys deposited in                                    2.  The establishment of the mechanism for election of the
the household hazardous waste account shall be allocated to                                pool administrator by the participating industry.
the department of natural resources for city, county, or                                       3.  The establishment of a plan of operations, through the
service organization projects relative to recycling and                                    administrator, including but not limited to the following
reclamation events.  A city, county, or service organization                               Items:
shall submit a competitive grant to the department of natural                                 a.  Collection of administrative expenses.
resources by April 1 for approval by the department no later                                  b.  A claims process and defense system.
than May 15.                                                                                  c.  An actuarial review.
              PART SIX -- STORAGE TANK MANAGEMENT                                             d.  A determination of rate classifications which reflect
   Sec. 601.  Section 507D.3, Code 1987, is amended by adding                              the tank standards and monitoring devices maintained by an
the following new subsection:                                                              individual owner or operator,.which in addition to a daily
   NEW SUBSECTION.  6.  An assistance program for the                                      inventory system include but are not limited to the following:
facilitation of insurance and financial responsibility                      ï¿½
                                                                                          (1) Secondary containment consisting of double wall
coverage for owners and operators of underground storage tanks                             construction and provided with a device to monitor the
which store petroleum shall not be affected by the                                         interstitial space between the secondary and primary
prohibitions of subsections 2 and 3.                                                       containment structures.












                                    House File 631, p. 75                                                                     House File 631, p. 76


   (2) Secondary containment consisting of single wall                                    standards and inventory monitoringsystems maintained by an
construction and a man-made liner, and groundwater monitoring                              individual owner or operator.  The state subsidization of the
wells. premium shall be based upon a sliding fee schedule which may
   13)  Single wall construction and groundwater monitoring                               reflect the following criteria:
wells.                                                                                        (1)  Tanks with secondary containment consisting of double
   (4)  Any type of tank construction and sniffer wells and an                            wall construction and provided with a device to monitor the
additional monitoring system.                                                              interstitial space between the secondary and primary
   e. a policyholder service system.                                                      containment structures.
   f. The billing, collecting, and investment of premiums.                                    (2) Tanks with secondary containment consisting of single
   4. The mechanism by which owners or operators who can                                  wall construction and a man-made liner, and provided with
demonstrate financial responsibility pursuant to the federal                              groundwater monitoring wells.
Resource Conservation and Recovery Act, 42 U.S.C. S 6901 et                                   (3)  Tanks with single wall construction and groundwater
seq., may establish exempt status from participation in the                               monitoring wells.
program.                                                                                      (4)  Tanks with any type of construction and sniffer wells
   Sec. 603.  COMJ4ITTEE CREATED -- DUTIES.  The legislative                              and an additional monitoring system.
council shall create a legislative committee which shall meet                                 2.  The funding source for subsidization, which may be, but
within thirty days following the issuance of the plan of                                   is not limited to, the following:
operations program.  The committee shall be composed of two                                   a.  An increase in the annual storage tank fee.
senators, one appointed by the majority leader of the senate                                 b.  An annual tank assessment fee.
and one appointed by the minority leader of the senate; two                                   c.  A pump inspection fee, paid by fuel dealers.
representatives, one appointed by the speaker of the house of                                d.  Federal environmental protection agency grants.
representatives and one appointed by the minority leader of                                   3.  The management of the plan and the funds, whether the
the house of representatives; one representative of petroleum                             plan Is profitable or operates at a loss.
storage tank owners and operators; and one representative of                                 4.  The mechanism by which owners or operators who can
the petroleum industry. demonstrate financial responsibility pursuant to the federal
  The committee shall, on or before January It 1988, prepare                             Resource Conservation and Recovery Act, 42 U.S.C. 5 6901 et
proposed legislation for the implementation of the program to                             seq., may establish exempt status from participation in the
be enacted and implemented on or before May 1, 1988.  The                                 program.
propcsed legislation shall include:                                                          Sec. 604. Section 455B.473, Code 1987, is amended by
   1. The cost of participation of an individual owner or                                 adding the following new subsections:
operator based upon the following:                                                           NEW  SUBSECTION.  3A.  An owner or operator of a storage
  a.  The base premium rate determined by the actuarial data.                            tank described in section 4558.471, subsection 6, paragraph
   b.  The amount of subsidization of the premium by the                                  'a', which brings the tank into use after July 1, 1987, shall
state, based on daily inventory and upon the storage tank                                 notify the department of the existence of the tank within











                                     House File 631, p. 77                                                                       House File 631, p. 78


thirty days.  The registration of the tank shall be                                            Sec. 605.  Section 455B.473, subsection 4, Code 1987, is
accompanied by a fee of ten dollars to be deposited in the                                  amended to read as follows:
storage tank management account.  A tank which is existing                                     4.  The notice of the owner or operator to the department
before July 1, 1987, shall be reported to the department by                                 under subsections 1 through 3 shall be accompanied by a fee of
July 1, 1989.  Tanks under this section installed on or                                     five ten dollars for each tank included in the notice.  A
following July 1, 1987, shall comply with underground storage                               sepsrete-fend-is-ereated-in-the-sete-treasuryT-the-reepts
tank regulations adopted by rule by the department.                                         of-whieh-are-appropria-ed-t8-psy-the-sdministrative-expensea
   NEW SUBSECTION.  8.  It shall be unlawful to deposit a                                   oE-the-department-incured-unde-ths-part.--Ai-fees
regulated substance in an underground-storage tank which has                                eoileeted-by-the-department-under-this-subsection-shail-be
not been registered pursuant to subsections 1 through 5.                                    credited-to-the-fundv--The-unobigaed-oe-uneneumbered-balance
   The department shall furnish the owner or operator of an                                 in-the-nd-s-of-une-3-f-eeh-ye-shl-be-transferred-to
underground storage tank with a registration tag for each                                   the-hatardaus-waste-remedil-fnndv  All moneys collected shall
underground storage tank registered with the department.  The                               be deposited in the storage tank management account of the
owner or operator shall affix the tag to the fill pipe of each                              groundwater protection fund created-in section 4556.11.  All
registered underground storage tank.  A person who conveys or                              moneys collected pursuant to this section prior to July 1
deposits a regulated substance shall inspect the underground                                1987, which have not been expended, shall be deposited in the
storage tank to determine the existence or absence of the                                   storaqe tank manaqement account.
registration tag.  If a registration tag is not affixed to the                                 Sec. 606.  Section 455B.474, subsection 2, Code 1987, is
underground storage tank fill pipe, the person conveying or                                 amended by adding the following new paragraph:
depositing the regulated substance may deposit the regulated                                   NEW PARAGRAPH.  e.  If an owner or operator is required to
substance in the unregistered tank provided that the deposit                               uncover or remove an underground storage tank based upon a
is allowed only in the single instance, that the person                                    determination of the department that the underground storage
reports the unregistered tank to the department of natural                                 tank presents a hazard to the public health, safety, or the
resources, and that the person provides the owner or operator                              environment, and if upon inspection of the tank the
with an underground storage tank registration form and informs                             determination is unfounded, the state may reimburse reasonable
the owner or operator of the underground storage tank                                      costs Incurred in the inspection of the tank.  Claims for
registration requirements.  The owner or operator is allowed                               reimbursement shall be filed on forms provided by the
fifteen days following the report to the department of the                                 commission.  The commission shall adopt rules pursuant to
owner's or operator's unregistered tank to comply with the                                 chapter 17A relating tc-determinations of reasonableness in
registration requirements.  If an owner or operator  fails to                              approval or rejection cf claims in cases of dispute.  Claims
register the reported underground storage tank during the                                  shall be paid from the general fund of the state.  When any
fifteen-day period, the ow-er or operator shall pay a fee of                               one of the tanks or the related pumps and piping at a multiple
twenty-five dollars upon registration of the tank.                                         tank facility are found to be leaking, the state shall not
                                                                                        reimburse costs for uncovering or removing any of the other
                                                                                        tanks, piping, or pumps that are not found to be leaking.





                                   House File 631, p. 79


   Sec. 607. NEW SECTION. 455B.479 STORAGE TANK MANAGEMENT
FEE.
  An owner or operator of an underground storage tank shall
pay an annual storage tank management fee of fifteen dollars
per tank of over one thousand one hundred gallons capacity.
The fees collected shall be deposited in the storage tank
management account of the groundwater protection fund.





                              DONALD D. AVENSON
                              Speaker of the House





                              JO ANN ZIMMERMAN
                              President of the Senate


   I hereby certify that this bill originated in the House and
is known as House File 631, Seventy-second GeneLal Assembly.





                              JOSEPH O'HERN
                              Chief Clerk of the House
Approved                 , 1987





TERRY E. BRANSTAD
Governor






    Criticar Area  Law -            Subtitle 18                    promulgated by the                 (7) "Project approval"
                                                                  Commission under Natural        means the approval of
                                                                  'Resources Article, ï¿½8-1806    development, other than
    ï¿½-1801, Declaration of   part, on minimizing further           and ï¿½81808 may not be           development by a state or
                   public policy.                adverseimpactstotaimplemented unless the         local government agency, in
    pubic pl icy.                adverse impacts to the water  General Assembly at the 1986 the Chesapeake Bay Critical
                                   quality aFind natugs-ral hehabitats of  Session affirms by joint  Area by the appropriate local
      - (a) Findings.- The General   the shoreline and adjacent    resolution that the criteria are  approval authority. The term
    Assembly finds and declares lands;
    that:                             (8) The  cumula tive impact  reasonable and acceptable to  includes approval of
      that: (8)1)         The                 cumulativpeake  impact  accomplish the goals of this   subdivision plats and site
      and its tributariChesapeake Bay   of current development is  subtitle. If a joint resolution of plans; inclusion of areas within
    and  tr ibutaries of g are natural iniicancl to these purposes; and affirmation is not enacted by   floating zones; issuance of
    resources of great significance   (9) There is a critical and   the General Assembly at the   variances, special execptions
    to the State and the nation;    substantial State interest for   the General Assembly at the   variances, special execptions,
    to the State and the nation;    substantial State interest for   1986 Session, the criteria shall and conditional use permits;
      (2) The shoreline and        the benefit of current and      be revised by the Commission and issuance of zoning
    adjacent lands constitute a    future generations in fostering and resubmitted to the General permits. The term does not
   valuable, fragile, and sensitive more sensitive development   Assembly on the first day of   include building permits.
    part of this estuarine system,  activity in a consistent and   the 1987 Session and the           (b) Maryland-National
   where human activity can have uniform manner along             effective date of the criteria    Capital Park and Planning
    a particularly immediate and   shoreline areas of the
    adverse impact on water        Chesapeake Bay and its          shall be delayed until June 1,  Commission.- Wherever this
   quality and natural habitats;   tributaries so as to minimize                                  subtitle requires Prnce
      (3) The capacity of these   damage to water quality and                                     George's County to exercise
   shoreline and adjacent lands to natural habitats.                                              any power or authority it
   withstand the continuing          (b) Purposes.- It is         ï¿½8-1802.  Definitions; shares with the
   demands upon them, without  therefore the purpose of the                                       Maryland-National Capital Park
   further degradation to water    General Assembly in enacting obligation imposed    and Planning Commission, the
   quality and natural habitats is  this subtitle to:                                             obligation imposed by the
                                     limited;(1) EstablishResource    by subtitle on  Prince  subtitle rests on both the
   limited; (1) Establish a Resource
      (4) National studies have   Protection Program on a          George's County                county and the
   documented that the quality   cooperative basis between the                                    Maryland-National Capital Park
   and productivity of the waters  Statend aected local                                           and Planning Commission in
   of the Chesapeake Bay and its governments, with local                                          accordance with their
   tributaries have declined due   governments establishing and    (a) In general- (1) In this   respective powers and
   to the cumulative effects of    implementing their programs in subtital the following words    authorities. (1984, ch. 794.)
   human activity that have        a consistent and uniform       have the meanings indicated.
   caused increased levels of      manner subject to State           (2)  Commission  means
   pollutants, nutrients, and toxics criteria and oversight. (1984,  the Chesapeake Bay Critical   ï¿½8-1803
   in the Bay System and           ch. 794.)                      Ar ea Commission established
   declines in more protective                                    in this subtitle.               Chesapeake  Bay
   land uses such as forestland   Editor's note.-Section 2, ch.      (3) "Development" means
   and agricultural land in the Bay 794, Acts 1984, provides that  any activity that materially   Critical Area
   region;        ."of the initial members of the  affects the condition or use of  Commission  created;
      (5) Those portions of the   Chesapeake Bay Critical Area dry land, land under water, or
   Chesapeake Bay and its          Commission, the member from any structure.                     authority of
   tributaries within Maryland are Anne Arundel County, 2            (4) "Includes" means         Secre
   particularly stressed by the    members at large, and the      includes or including by way oftary and  Board
   continuing population growth   members from Kent, Queen    illustration and not by way of   of Review.
   and development activity        Ann's Talbot, and Dorchester  limitation.
   concentrated in the             counties serve for terms of 4     (5) "Local Jurisdiction"        (a) Commission created.-
-  Baltimore-Washington            years; the members from         means a county, or a            There is a Chesapeake Bay
   metropolitan corridor;          Baltimore City and Wicomico,  municipal corporation with       Critical Area Commission in
     (6) The quality of life for the Somerset, Calvert, Charles,   planning and zoning powers, in the Department.
   citizens of Maryland is         and St. Mary's counties serve  which any part of the              (b) Authority of Secretary.-
   enhanced through the            for terms of 3 years; and the   Chesapeake Bay Critical Area The Secretary has no authority
   restoration of the quality and   members from Baltimore,       as defined in this subtitle, is   under Title I of this article to
   productivity of the waters of    Prince George's, Harford,     located.                        approve, alter, or amend the
   the Chesapeake Bay and its,  Cecil, Caroline, and Worcester   (6) "Program" means the   policies or programs of the
   tributaries;                    counties serve for terms of 2   critical area protection program Commission; to transfer,
     (7) The restoration of the   years."                         of a local jurisdiction including assign, or reassign statutory
   Che'-neake Bay and its            Section 3 of ch. 794         any amendments to it.           functions or activities to or
   trit:      is dependent, in    provides that "the criteria                                     from the Commission; or to







adopt, approve or revise rules   (vii) 2 from Calvert, Charles   (5) A member may serve no shall appoint an executive
and regulations of the        or St. Mary's County, both of ï¿½ more than 2 terms; and       director for the Commission.
Commission.                   whom shall not be from the       (6) Any member of the          (1) The Executive Director
  (c) Authority of Board of   same county;                  Commission appointed by the serves at the pleasure of the
Review.- The Board of Review   (3) 8 individuals appointed  Governor who shall fail to     chairman and is entitled to the
has no authority to hear or    with the advice and consent of attend at least 60 percent of   salary provided in the State
determine appeals from        the Senate, who shall          the meetings of the           budget.
decisions of the Commission.  represent diverse interests,    Commission during any period   (2) The Executive Director
(1984, ch. 794.)              and among whom shall be a   of 12 consecutive months shall shall direct the staff of the
                              resident from each of the 6    be considered to have         Commission.
                              counties that are listed and    resigned, and the chairman     (c) Assistant attorney
                              from which an appointment    shall forward the member's    general.- The Attorney
ï¿½8-1 804.                     has not been made under        name to the Governor, not     General shall designate an
Composition of                paragraph (2) of this          later than January 15 of the    assistant attorney general to
                              subsection and 2 of the 8     year following the             advise and represent the
Commission.                   members appointed under this non-attendance with the         chairman and the Commission.
                              item shall be at'large        statement of non-attendance,  (1984, ch. 794.)
                              members; and                  and the Governor shall
  (a) In general.- T he (4) The Secretaries of there-upon appoint a
Commission consists of 25        (4) The Secretaries of
ommission cnseibers who a     Agriculture, Economic and      successor for the remainder of
       voingmedmb oers    ar Community Development,         the term. If the member has   ï¿½8-1806.  Powers of the
appointed by the Governor, as  Health and Mental Hygiene,    been unable to attend         Commission.
  (1)Afollows -time chairman  Natural Resources, and State meetings as required by this
  (1) A full-time chairman,
  appointed with the advise and  Planning, ex officio, or, instead subtitle for reasons satisfactory The Commission has all
appointed with the advise and
consent of the Senate, who    of any of the Secretaries,     to the Governor, the Governor powers necessary for carrying
                          of  another representative of that may waive the regulation if the out the purposes of this
the Governor        ;         Secretary's department         reasons are made public.      subtitle, including the following:
  (2) 11 individuals,         appointed at the request of the   (d) Vacancies other than by   (1) To adopt regulations
appointed with the advice and  Secretary.                    expiration of term.- If a     and criteria in accordance with
consent of the Senate, each of  (b) Compensation.- A         vacancy arises other than by  Title 2, Subtitle 5 (Joint
whom is a resident and an     member of the Commission    the expiration of a term, the   Committee on Administrative,
elected or appointed official of who does not hold another    Governor shall appoint within  Executive and Legislative
a local jurisdiction. At least 1  office of profit at the State or  30 days, with the advice and   Review) and Title 10, Subtitle 1
of these 11 individuals must be local level shall be entitled to  consent of the Senate, a  (Administrative Procedure Act)
an elected or appointed official compensation as provided in  successor of like qualifications of the State Government
of a municipality. These      the budget. Members of the   to serve the remainder of the  Article;
individuals shall serve on the  Commission shall be entitled toterm. (1984, ch. 794.)         (2) To conduct hearings in
Commission only while they   reimbursement for expenses                                    connection with policies,
hold local office. Each shall be as provided in the budget.                                proposed programs, and
selected from certain counties,   (c) Length of terms;       ï¿½8-1805   Comm                proposed regulations or
or from municipalities within   removal of members; filling                                amendments to regulations;
said counties, as follows, and  vacancies.- Except for the   staff.                        and
only after the Governor has    chairman and ex officio State ï¿½                                (3) To contract for
consulted with elected county  officers or their               (a) In general.- The        consultant or other services.
'and municipal officials:      representatives:              Commission shall have the    (1984, ch. 794.)
   (,) 1 from each of Baltimore    (1) The term of a member is staff provided for in the State
City, and Anne Arundel,       4 years;                       budget.
Baltimore, and Prince            (2) The terms of members      (1) The staff assigned to     8-1807.  Chesapeake
George's counties;            are staggered as required by  the Coastal Zone Management
  (il) 1 from Harford or Cecil  the terms provided for      Program in the Department    Bay Critical Area.
County;                       members of the Commission   shall assist the Commission in
   (iCi) 1 from Kent or Queen   on July 1, 1984;             the development of regulations   (a) Initial planning area.-
   Anne's County;                (3) At the end of a term, a   and the review of programs.   The initial planning area for
                               member continues to serve        (2) The State departments  determination of the
   (iv) 1 from Caroline or     until a successor is appointed  represented on the           Chesapeake Bay Critical Area
Worcester County;             and qualifies;                 Commission may lend staff or consists of:
   (v) 1. from Talbot or         (4) A member who is         other assistance to the          (1) All waters of and lands
Dorchester County;            appointed after a term is      Commission.                    under the Chesapeake Bay
   (vi) I from Wicomico or     begun serves for the rest of     (b) Executive Director.-    and its tributaries to the head
Somerset County; and          the term and until a successor The chairman with the         of tide as indicated on the
                               is appointed and qualifies;   approval of the Commission   State wetlands maps, and all






State and private wetlands     designation of portions to be    (b) Goals of program.- A   cluster development, where
designated under Title 9 of this excluded unless the          program shall consist of those necessary or appropriate;
article; and                   Commission finds, based on   elements which are necessary   (6) Establishment of buffer
  (2) All land and water areas stated reasons, that the      or appropriate to:             areas along shorelines within
within 1,000 feet beyond the   decision of the local jurisdiction  (1) Minimize adverse      which agriculture will be
landward boundaries of State  was:                            impacts on water quality that  permitted only if best
or private wetlands and the      (i) Not supported by         result from pollutants that are  management practices are
heads of tides designated      competent and material         discharged from structures or  used, provided that structures
under Title 9 of this article.    evidence; or               conveyances that have run off or any other use of land which
  (b) Areas localjurisdictions   (ii) Arbitrary or capricious.  from surrounding lands;     is necessary for adjacent
may exclude.- (1)(i) In          (4) If the Commission          (2) Conserve fish, wildlife,  agriculture shall also be
determining the Chesapeake   develops the program to be    and plant habitat; and            permitted in any buffer area;
Bay Critical Area within its    applied in a local jurisdiction, it  (3) Establish land use    (7) Requirements for
boundaries, a local jurisdiction shall exclude areas as       policies for development in the minimum setbacks for
may exclude those portions of appropriate to meet the intent Chesapeake Bay Critical Area setbacks for structures and
the planning area designated  of paragraph (1) of this        which accommodate growth   septic fields along shorelines;
in subsection (a) of this section subsection.                 and also address the fact that,   (8) Designation of shoreline
which the local jurisdiction     (c) Area designated as       even if pollution is controlled,  areas if any that are suitable
finds to be:                   critical area.- The Chesapeake the number, movement, and   for parks, hiking, biking, wildlife
   1. Part of a developed,     Bay Critical Area shall consist activities of persons in that    refuges, scenic drives, public
urban area in which, in view of of:                           area can create adverse        access or assembly, and
available public facilities and  (1) Those areas designated environmental impacts.          water-related recreation such
applicable laws and            in subsection (a) of this        (c) Elements of program.-  as boat slips, piers, and
restrictions, the imposition of a section, except any areas  At a minimum, a program        beaches;
program would not              excluded in accordance with   sufficient to meet the goals      (9) Designation of shoreline
substantially improve          subsection (b) of this section,  stated in subsection (b)     areas, if any, that are suitable
protection of tidal water quality and                         includes:                      for ports, marinas, and
or conservation of fish, wildlife,   (2) Additional areas       (1) A map designating the  industries that use water for
or plant habitats; or          proposed for inclusion by local critical area in a local      transportation or derive
   2. Located at least 1,000   jurisdictions and approved by  jurisdiction;                  economic benefits from shore
feet from open water and       the Commission. (1984, ch.       (2) A comprehensive          access;
separated from open water by 794.)                            zoning map for the critical      (10) Provisions requiring
an area of wetlands which it is                               area;                          that all harvesting of timber in
found will serve to protect tidal                               (3) As necessary, new or   the Chesapeake Bay Critical
water quality and fish, wildlife, ï¿½8-1808. Program            amended provisions of the      Area be in accordance with
or plant habitats from adverse                                jurisdiction's:                plans approved by the district
impacts of development in the development.                      (i) Subdivision regulations;  forestry board; and
excluded area.                                                  (ii) Comprehensive or          (11) Provisions establishing
   (ii) A portion of urban area    (a) Localjurisdiclions to    master plan;                 that the controls in a program
.to be excluded shall be at least implement: grants.-(1) It is the   (iii) Zoning ordinances or   which are designed to prevent
50 percent developed and may intent of this subtitle that each regulations;                  runoff of pollutants will not be
not be less than 2,640,000     local jurisdiction shall have    (iv) Provisions relating to   required on sites where the
square feet in contiguous area primary responsibility for     enforcement; and               topography prevents runoff
or the entire initial planning    developing and implementing a   (v) Provisions as          from directly or indirectly
area located within the        program, subject to review and appropriate relating to        reaching tidal waters.
* boundaries of a municipality,  approval by the Commission.  grandfathering of development   (d) Criteria for program
whichever is less.               (2) The Governor shall       at the time the program is     development- (1) The
   (2) A local jurisdiction shall include in the budget a sum of adopted or approved by the    Commission shall promulgate
include in any program         money to be used for grants to Commission;                    by regulation on or before
submitted to the Commission  reimburse local jurisdictions for  (4) Provisions requiring that December 1, 1985, criteria for
under ï¿½8-1809 a designation of the reasonable cost of         project approvals shall be     program development and
 those portions of the        Of developing a program under   based on findings that projects approval, which are necessary
 Chesapeake Bay Critical Area  his section. Each local         are consistent with the        or appropriate to achieve the
 proposed for exclusion under  lurisdiction shall submit to the  standards stated in subsection standards stated in subsection
 paragraph (1) of this          Governor by October 31, 1984, (b) of this section;            (b) of this section. Prior to
 subsection, together with all   a detailed request for funds    (5) Provisions to limit the   developing its criteria and also
factual information and expert that are equivalent to the     amount of land covered by      prior to adopting its criteria, the
 opinion supporting its findings  additional costs incurred in    buildings, roads, parking lots,  Commission shall hold at least
 under this subsection.         developing the program under or other impervious surfaces,  6 regional public hearings, one
   (?' -rhe Commission shall  this section.                   and to require to encourage   in each of the following areas:
 ap       -i local jurisdiction's






  (i) Harford, Cecil, and Kent Chesapeake Bay Critical Area does neither the proposal shall manner as the original
counties                      located within its territorial  be deemed approved.         program.
   (ii) Queen Anne's, Talbot,  limits; or                      (3) A changed proposal        (h) Program not be be
and Caroline counties,          (2) Not to develop such a  shall be submitted to the      amended without approval of
  (iii) Dorchester, Somerset, program.                     Commission in the same         Commission.- A program may
and Wicomico counties;          (b) Commission may adopt manner as the original           not be amended except with
  (iv) Baltimore City and    program.- If a local jurisdiction proposal, within 40 days after  the approval of the
Baltimore County;             states its intent not to develop the Commission's notice.   Commission. Except for
   (v) Charles, Calvert, and St. a program or fails to submit a  Unless the Commission    amendments developed during
Mary's counties; and          timely statement of intent, the approves a changed proposal  program review under
   (vi) Anne Arundel and      Commission shall prepare and or disapproves a changed       subsection (g) of this section,
Prince George's counties.     adopt a program for the part of proposal and states in writing  an amendment to a zoning
During the hearing process,   the Chesapeake Bay Critical  the reason for its disapproval  map may be granted by a local
the Commission shall consult  Area in that local jurisdiction. within 40 days, the changed   approving authority only on
with each affected local        (c) Submission of locally   proposal shall be deemed      proof of a mistake in the
jurisdiction.                 developed program.- If a local approved.                    existing zoning.
   (2} The President of the    jurisdiction states its intent to    (c) Adoption of program.-  (i) Standards for approval
 Senate and the Speaker of the develop a program, it shall    Within 90 days after the     by Commission.- The
House shall appoint 5 senators prepare a proposal program   Commission approves a         Commission shall approve
and 5 delegates respectively to and submit it to the        proposed program, the local   programs and amendments
serve as the Joint Committee  Commission within 270 days  jurisdiction shall hold hearings that meet:
on Chesapeake Bay Critical   after the effective date of the  and adopt the program in      (1) The standards set forth
Areas. The Joint Committee   criteria adopted under ï¿½8-1808 accordance with legislative    in ï¿½8-1808 (b)(1) through (3) of
shall be staffed by the       of this subtitle. However, if the procedures for enacting   this subtitle; and
Department of Legislative     local jurisdiction submits    ordinances. If the governing    (2) The criteria adopted by
Reference. The Commission  evidence satisfactory to the   body of the local jurisdiction   the Commission under
shall meet with the Joint     Commission that it is making  wishes to change any part of  ï¿½8-1808 of this subtitle.
Committee on Chesapeake    reasonable progress in the    the approved proposal before    (j) Program to be available
Bay Critical Areas periodically development of a program, the adoption, it shall submit the    for public inspection.- Copies
as the Committee requests to Commission may extend this  proposed change to the           of each approved program, as
review development and        period for up to an additional  Commission for approval.    it is amended from time to
implementation of the criteria  180 days. Before submission  Unless the Commission        time, shall be maintained by
for program development.      of a program to the           approves the change or        the local jurisdiction and the
   (c) Dredging not           Commission within the time   disapproves the change and   Commission in a form
prevented.- Nothing in this    allowed by this subsection, a  states in writing the reasons   available for public inspection.
section shall impede or prevent local jurisdiction shall hold at  for its disapproval within 30    (1984, ch. 794.)
the dredging of any waterway least one public hearing on the days after it receives the
in a critical area. However,    proposed program, for which  change, the change shall be
dredging in a critical area is   2-weeks notice shall be    deemed approved. A changed
subject to other applicable   published in a newspaper of   part may not be adopted until it ï¿½8-1810. Programs
federal and State laws, rules,  general circulation in the local is approved by the       adopted by Commission.
and regulations. (1984, ch.   jurisdiction..                Commission.
794.)                           (d) Public hearing; approval  (f) Programs effective         (a) When Commission to
                               by Commission.- (1) Within 30 within 760 days.- Within 760  adopt program.- If a local
                               days after a program is       days after criteria adopted by  jurisdiction fails to notify the
                               submitted, the Commission    the Commission become          Commission that it will develop
                               shall appoint a panel of 3 of its effective, there shall be in  a program, fails to submit a
 adoption of program.          members to conduct in the    effect throughout the          proposed program or changed
                               affected jurisdiction a public   Chesapeake Bay Critical Area proposal on time, or fails to
   (a) Statement of intent.-   hearing on the proposed      programs approved or adopted obtain Commission approval of
Within 45 days after the criteria program.                  by the Commission.            a proposed program or
 adopted by the Commission       (2) Within 90 days after the    (g) Proposed              changed proposal that is
 under 8-1808 of this subtitle  Commission receives a        amendments.- Each local    submitted, the Commission
 become effective, each local  proposed program from a local jurisdiction shall review and    shall prepare and adopt a
jurisdiction shall submit to the  jurisdiction, it shall either  propose any necessary    program that satisfies the
 Commission a written          approve the proposal or notify amendments to its program,   criteria adopted under ï¿½8-1808
 statement of its intent either:  the local jurisdiction of specific including local zoning maps, at of this subtitle for the part of
   (1) To develop a critical    changes that must be made in least every 4 years.          the Chesapeake Bay Critical
 area protection program to    order for the proposal to be    Amendments shall be         Area in that local jurisdiction.
 control the use and           approved. If the Commission  submitted to and acted on by    (b) Public hearing;
 development of that part of the                             the Commission in the same   Commission program to







supersede local law.- Where a ï¿½8-1811.  Project                 (3) The local approving     the time within and manner in
local jurisdiction fails to adopt                            aproval authority shall not process an  which the authority granted in
or obtain Commission approval application of which a copy    subsection (a) may be
of a program, the Commission                                 must be sent to the            exercised.
shall promulgate a program for   (a)  Project consistent with Commission until it has          (c) Appeal authorized.-
that jurisdiction by adopting    program.- From the effective  received notice of receipt from The chairman may appeal an
rules and regulations in      date of a program approved or the Commission, and any         action or decision even if the
accordance with Title 2,       adopted by the Commission, a action of the local approving   chairman was not a party to or
Subtitle 5 (Joint Committee on project approval that involves  authority in violation of this    is not specifically aggrieved by
Administrative, Executive, and land located in the           paragraph shall be void.       the action or decision. (1984,
Legislative Review) and Title  Chesapeake Bay Critical Area (1984, ch. 794.)                ch. 794.)
10, Subtitle 1 (Administrative  may not be granted unless it is
Procedure Act) of the State    consistent and complies with
Govemment Article. Before   the program.                     ï¿½8-1812.  Commission    ï¿½8-1813.  Prior project
the full Commission              (b) Projects requiring notice
promulgates a program under  to Commission.- (1) The
this subsection, it shall appoint Commission shall adopt      regarding judicial
a panel of 3 of its members to regulations identifying those   proceedings.                    (a) Specific findings
conduct in the affected        classes of applications for                                  required.- From June 1, 1984
jurisdiction at least 2 public    project approval of which it  (a) In general.- After the    with regard to any subdivision
hearings at least 10 days apart wishes to receive notice.    Commission has approved br  plat approval or approval of a
on the proposed program, for    (2) From the date            adopted a program, the         zoning amendment, variance,
which two weeks notice shall  designated by the Commission chairman of the Commission   special exception, conditional
be published in a newspaper of in approving or adopting a    has standing and the right and use permit or use of a floating
general circulation of the local program, an applicant for   authority to initiate or intervene zone, affecting any land or
jurisdiction. A program        project approval or the local   in any administrative, judicial,  water area located within the
promulgated by the             agency authorized to grant    or other original proceeding or initial planning area indentified
Commission under this          project approval on an        appeal in this State concerning in ï¿½8-1807 (a) of this subtitle,
subsection supersedes any    application in any of the       a project approval in the      for which application is
inconsistent local laws,       identified classes shall send to Chesapeake Bay Critical Area. completed after that date, the
ordinances, or plans.          the Commission in accordance The chairman may exercise   approving authority of the local
  (c) Local jurisdictions to    with the regulations and any   this intervention authority  jurisdiction in rendering its
enforce.- If the Commission   other instructions of the      without first obtaining approval decision to approve an
adopts a program for a local   Commission, a copy of every  from the Commission, but the  application shall make specific
jurisdiction, the program shall  pending or new application for chairman shall send prompt    findings that:
be implemented and enforced approval that is in any of the   written notice of any             (1) The proposed
by local authorities in the same identified classes. Before the  intervention or initiation of  development will minimize
manner as if the program had  close of the next business day action under this section to    adverse impacts on water
been adopted by the local      after receipt of a copy of an    each member of the          quality that result from
jurisdiction itself.           application in any of the      Commission. The chairman   pollutants that are discharged
  (d) Local program to        identified classes shall send to shall withdraw the intervention from structures or
* supersede Commission         the Commission in accordance or action initiated if within 35   conveyances or that have run
program.- If at any time after  with the regulations and any   days after the date of the   off from surrounding lands;
the Commission has adopted a other instructions of the        chairman's notice, at least 13  and
program for a local jurisdiction, Commission, a copy of every  members indicate disapproval    (2) The applicant has
the local jurisdiction submits an pending or new application for of the action, either in writing  identified fish, wildlife, and
alternative program of its own  approval that is in any of the   addressed to the chairman or  plant habitat which may be
that satisfies the criteria    identified classes. Before the  by vote at a meeting of the    adversely affected by the
adopted under ï¿½8-1808 of this close of the next business day Commission. A member           proposed development and
subtitle and is approved by the after receipt of a copy of an    representing the local     has designed the development
Commission, the alternative   application from the applicant  jurisdiction affected by the  so as to protect those
program supersedes the         or the local approving        chairman's intervention or     identified habitats whose loss
program adopted by the         authority, the Commission     action may request a meeting  would substantially diminish
Commission. (1984, ch. 794 ) shall send written notice of    of the Commission to vote on  the continued ability of
                               receipt to the applicant and to the chairman's intervention or  populations of affected species
                               the local approving authority.  action.                      to sustain themselves.
                               A failure of the Commission to   (b) Rules of procedure.-       (b) Information required
                               send a timely notice shall    Except as stated in this       from applicant.- With regard to
                               render paragraph (3) of this   subtitle, the chairman is     any application for project
                               subsection inapplicable as to  subject to general laws and    approval described in
                               that application.             rules of procedure that govern subsection (a) of this section, a






local apiproving authority shall    (c) Applicability of other    the requirements of approved
require such addtitional       laws.- This subtitle is not     project plans and to compel
information from an applicant  intended to relieve any         restoration of lands or
as is necessary in order to    obligation otherwise imposed   structures to their condition
make the findings required by  by law or regulation to obtain  prior to any modification which
subsection (a).                licenses, permits, or approvals was done in violation of the
  (c) Section in effect until   from State and local regulatory approved project plans.
program effective.- This       agencies or to comply with         (e) Action to restrain
section shall remain in effect in applicable State and local   violation.- Notwithstanding any
a local jurisdiction until such   regulatory prohibitions or   other provision of this section,
time as an approved program  restrictions. (1984, ch. 794.)  whenever a development in
becomes effective.                                             the Critical Area is proceeding
  (d) Exception.- This                                        in violation of approved project
section does not apply to any  ï¿½8-1815.  Enforcement.  plans and thereby threatens to
application initially filed prior to                           immediately and irreparably
March 1, 1984. (1984, ch.                                      degrade the quality of tidal
794.)                              (a) Violators subject to    waters or fish, wildlife, or plant
                               prosecution or suit.- Violators habitat, the Attorney General,
                               of the provisions of programs  upon request of the chairman,
                 '8-814   Comapproved or adopted by the    may bring an action to restrain
ï¿½8-1814. Commission    Corhmission shall be subject to the violation and, as
approval of certain             prosecution or suit by local    appropriate, to compel
projects; applicability of  authorities, who may invoke   restoration of any land or water
other laws.                    the sanctions and remedies    areas affected by the
                               afforded by State or local law. development. (1984, ch. 794.)
  (a) Approval of local agency (b) Referral to Attorney
projects.- After 760 days have General.- Whenever the
elapsed from the date upon    chairman has reason to           ï¿½8-1816. Commission to
which criteria adopted by the   believe that a local jurisdiction
Commission become effective, is failing to enforce the         prepare report.
any State or local agency that requirements of a program
proposes development which  applicable to a particular         In consultation with State and
has not been subject to project development, the chairman    local agencies involved in
approval by the local          shall serve notice upon the    planing, acquiring, and
jurisdiction under an approved local enforcement authorities.  managing open space and
program, including buildings,  If within 30 days after service  recreational lands, the
treatment plants, roads,        of such notice, the local      Commission shall, by January
railroads, and airports, in the   authorities have failed to   1, 1987, prepare a report to
Chesapeake Bay Critical Area initiate an action to remedy or the governor and the General
shall, before it begins the     punish the violation, the      Assembly recommending
development, receive the        chairman may refer the matter State policy and goals for:
approval of the Commission in to the Attorney General.            (1) The provision of public
accordance with procedures or   (c) Sanctions-Remedies    access along the shoreline of
exceptions set forth in         available to local jurisdictions.- the Chesapeake Bay and its
regulations adopted by the      Upon referral of an alleged    trbutanes; and
Commission using the            violation under subsection (b) within the Critical Areaof land
standards set forth in ï¿½8-1808 of this section, the Attorney          the   ti     forested
(b)(1) through (3) of this      General may invoke any
subtitle. These regulations    sanction or remedy available toArea
shall be promulgated on or    local authorities, in any court of (1984, ch. 794.)
before September 1, 1987,       competent jurisdiction in which
and only after consultation with the local authorities would be  Cross reference -   See Editors
affected State and local        authorized to prosecute or sue note to ï¿½8-1801 of this article.
agencies.                       the violator.
   (b) Consistency                 (d) Same-Equitable
determinations.- The            remedies.- In addition to any
Secretary shall consult with the other sanction or remedy
Commission in making            available, the Attorney General
consistency determinations    may bring an action in equity
under the Federal Coastal       to compel compliance or
Zone Management Program.   restrain noncompliance with






Amendments To The          Critical Area Law - 1986 portions of the Critical Area;   BETWEEN THE CRITERIA
                                                     requiring certain clustering of  AND THE PROVISIONS OF
                                                     development in certain areas  THIS SECTION, THIS
                          COMMISSION CONSISTS OF of the Critical Area; and      SECTION SHALL CONTROL.
                          3 MEMBERS.                 generally relating to the growth  (B) WHEN LOCATING
AN ACT concerning            (3) THE COMMISSION OR allocation in the Resource     NEW INTENSELY
Chesapeake Bay Critical Area A PANEL OF THE           Conservation Area of the   DEVELOPED OR LIMITED
Commission - Quorum - Public COMMISSION MAY NOT       Chesapeake Bay Critical Area. DEVELOPMENT AREAS,
Hearings and Official Actions. HOLD A PUBLIC HEARING                             LOCAL JURISDICTIONS
                          UNLESS A QUORUM IS         BY adding to               SHALL USE THE
FOR the purpose of providing PRESENT.                                            FOLLOWING GUIDELINES:
for a quorum of the          (4) THE COMMISSION OR Article - Natural Resources      (1) NEW INTENSELY
Chesapeake Bay Critical Area A PANEL OF THE           Section 8-1808.1            DEVELOPED AREAS
Commission and panels of the COMMISSION MAY NOT       Annotated Code of Maryland  SHOULD BE LOCATED IN
Commission; preventing the   TAKE ANY OFFICIAL ACTION (1983 Replacement Volume   LIMITED DEVELOPMENT
Commission or a panel of the UNLESS:                    and 1985 Supplement)     AREAS OR ADJACENT TO
Commission from holding a    (I) A QUORUM IS                                      EXISTING INTENSELY
public hearing unless a    PRESENT; AND               Preamble                   DEVELOPED AREAS;
quorum is present; preventing   (II) A MAJORITY OF THE                              (2) NEW LIMI.TED
the Commission or a panel of MEMBERS WHO ARE          HOUSE BILL No. 1434         DEVELOPMENT AREAS
the Commission from taking   PRESENT AND ELIGIBLE TO                              SHOULD BE LOCATED
official actions unless a  VOTE CONCUR IN OR VOTE   WHEREAS, To protect the  ADJACENT TO EXISTING
quorum is present and a    FOR THE ACTION.            Chesapeake Bay, the General LIMITED DEVELOPMENT
certain vote occurs; altering                         Assembly enacted Chapter   AREAS OR INTENSELY
the number of members on   8-1809.                    794 of the Acts of 1984; and   DEVELOPED AREAS;
certain panels of the                                   WHEREAS, Under Chapter   (3) EXCEPT AS
Commission; and generally    (d)(1) Within 30 days after 794 of the Acts of 1984, the   PROVIDED IN PARAGRAPH
relating to quorum, public  a program is submitted, the   Chesapeake Bay Critical Area (5) OF THIS SUBSECTION,
hearings, and official actions of Commission shall appoint a   Commission adopted  NO MORE THAN HALF OF
the Chesapeake Bay Critical  panel of 5 of its members to  regulations under COMAR  THE EXPANSION
Area Commission and panels conduct, in the affected   14.15.02.05 and .06        ALLOCATED IN THE
of the Commission.         jurisdiction, a public hearing of concerning the development in CRITERIA OF THE
                           the proposed program.      Resource Conservation Areas COMMISSION MAY BE
BY adding to                                          of the Critical Area; and  LOCATED IN RESOURCE
Article - Natural Resources  SECTION 2, AND BE IT   WHEREAS, The General          CONSERVATION AREAS;
Section 8-1801 (c)         FURTHER ENACTED, That   Assembly intends, this Act to   (4) NEW INTENSELY
Annotated Code of Maryland  this Act shall take effect June authorize certain additional    DEVELOPED OR LIMITED
(1983 Replacement Volume   1, 1986.                   types of development and to  DEVELOPMENT AREA TO
  and 1985 Supplement)                                add certain conditions on new BE LOCATED IN THE
                                                     development in the Resource  RESOURCE
  SECTION 1. BE IT                                    Conservation Area; now,    CONSERVATION AREA
ENACED BY THE GENERAL    aper 602                     therefore,                  SHALL CONFORM TO ALL
ASSEMBLY OF MARYLAND, AN ACT concerning                                           CRITERIA OF THE
That the Laws of Maryland    Chesapeake Bay Critical     SECTION 1, BE IT         COMMISSION FOR SUCH
                           Areas-Growth Allocation in the ENACTED BY THE GENERAL AREAS AND SHALL BE
                           Resource Conservation Area  ASSEMBLY OF MARYLAND,  DESIGNATED ON THE
Article - Natural Resources                           That the Laws of Maryland    COMPREHENSIVE ZONING
8-1801.                    FOR the purpose of adding to read as follows:          MAP SUBMITTED BY THE
                           FOR teria  purpose of adopte d by ing the  Article-Natural Resources  LOCAL JURISDICTION AS
  (E)(1) A QUORUM OF THE criteria adopted by the
  (E)(1)COMMISSION CONSISTSRUM  OF  THE Chesapeake Bay Critical Area 8-1808.1    PART OF ITS APPLICATION '
       IEMBRMIOE CONS O Commission certain conditions (A) THIS SECTION IS         TO THE COMMISSION FOR
1 MEMBER MORE THAN A   on development in the Critical INTENDED TO ESTABLISH   PROGRAM APPROVAL OR
MAJORITY OF THE FULL    Area; authorizing certain types CONDITIONS FOR            AT A LATER DATE IN
AUTHORIZED MEMBERSHIP of new development in certain DEVELOPMENT IN THE            COMPLIANCE WITH
OF THE COMMISSION          portions of tCHESAPEAKE BAY                            8-1809(G) OF THIS
  (2) A QUORUM OF AT                  establishing certain CRITICAL AREA IN      SUBTITLE; AND
PANEL OF THE               requirements that local    ADDITION TO THOSE             (5) IN CALVERT,
                           jurisdictions will have to meet  ESTABLISHED IN CRITERIA CAROLINE, CECIL,
                           in planning for and permitting  OF THE COMMISSION,    CHARLES, DORCHESTER,
                           certain types of new       HOWEVER, IN THE EVENT   KENT, QUEEN ANNE'S, ST.
                           development in certain     OF ANY INCONSISTENCY   MARY'S, SOMERSET,







TALBOT, WICOMICO, AND  this Act shall take effect June   SECTION 1. BE IT  (2) ARE 7 ACRES OR
WORCESTER COUNTIES, IF 1, 1986.             ENACTED BY THE GENERAL MORE AND LESS THAN 60
THE COUNTY IS UNABLE TO                     ASSEMBLY OF MARYLAND, ACRES IN SIZE.
UTILIZE A PORTION OF THE                    That the Laws of Maryland    (D) A BONA FIDE
GROWTH ALLOCATED TO  CHAPTER 603            read as follows:       INTRAFAMILY TRANSFER
THE COUNTY IN                               Article - Natural Resources   FROM A PARCEL OF LAND
PARAGRAPHS (1) AND (2)  AN ACT concerning                         SHALL BE A SUBDIVISION
OF THIS SUBSECTION    Chesapeake Bay Critical   8-1808.1          OF THE PARCEL OF LAND
WITHIN OR ADJACENT TO  Area-lntrafamily Transfers                 THAT IS SUBJECT TO
EXISTING INTENSELY                            (A)(1) IN THIS SECTION,  LOCAL APPROVAL UNDER.
DEVELOPED OR LIMITED  FOR the purpose of    THE FOLLOWING WORDS  "THE SUBDIVISION
DEVELOPMENT AREAS AS authorizing a person to  HAVE THE MEANINGS   CONTROL" SUBTITLE OF
DEMONSTRATED IN THE   subdivide a single parcel of  INDICATED.    ARTICLE 66b, UNDER TITLE
LOCAL PLAN APPROVED BY land of a certain size in the    (2) "BONA FIDE  7 OF ARTICLE 28 OF THE
THE COMMISSION, THEN   Chesapeake Bay Critical Area INTRAFAMILY TRANSFER"  CODE, OR UNDER ANY
THAT PORTION OF THE    into a certain number of    MEANS A TRANSFER TO A SUBDIVISION CONTROL
ALLOCATED EXPANSION   parcels if the conveyances are MEMBER OF THE OWNER'S PROVISIONS OF A
* WHICH CANNOT BE SO    only to family members;  IMMEDIATE FAMILY OF A   CHARTER COUNTY.
 LOCATED MAY BE LOCATED providing for the scope,  PORTION OF THE OWNER'S  (E)(1) A LOCAL
 IN THE RESOURCE       application, and effect of this PROPERTY FOR THE  JURISDICTION MAY
CONSERVATION AREA IN  Act; making stylistic changes; PURPOSE OF   APPROVE THE
ADDITION TO THE       defining certain terms;  ESTABLISHING A      SUBDIVISION OF A PARCEL
 EXPANSION ALLOCATED IN authorizing a local jurisdiction RESIDENCE FOR THAT    OF LAND INTO THE
 PARAGRAPH (3) OF THIS  to make certain submissions to FAMILY MEMBER.  NUMBER OF LOTS
 SUBSECTION. A         the Chesapeake Bay Critical  (3) "IMMEDIATE FAMILY" INDICATED IN THIS
 DEVELOPER SHALL BE    Area Commission under this  MEANS A FATHER,  SUBSECTION BY MEANS OF
REQUIRED TO CLUSTER   Act; authorizing a local  MOTHER, SON, DAUGHTER, A BONA FIDE INTRAFAMILY
ANY DEVELOPMENT IN AN jurisdiction to permit certain  GRANDFATHER,  TRANSFER, AND MAY NOT
AREA OF EXPANSION     intrafamily transfers under   GRANDMOTHER,   APPROVE ANY GREATER
AUTHORIZED UNDER THIS certain circumstances;  GRANDSON, OR         SUBDIVISION OF THE
PARAGRAPH.            providing for the subdivision of GRANDDAUGHTER.  PARCEL OF LAND OR ANY
  (C) IN CALCULATING THE certain parcels of land subject  (B) NOTWITHSTANDING  PORTION OF IT.
 1-IN-20 ACRE DENSITY OF  to certain laws; providing for  DENSITY LIMITATIONS  (2) A PARCEL THAT IS 7
DEVELOPMENT THAT IS  certain powers and duties of a ESTABLISHED IN CRITERIA ACRES OR MORE AND LESS
PERMITTED ON A PARCEL  local jurisdiction under this Act; OF THE COMMISSION, AS  THAN 12 ACRES IN SIZE
LOCATED WITHIN THE    and generally relating to    PART OF ITS LOCAL  MAY BE SUBDIVIDED INTO 2
RESOURCE              certain intrafamily transfers in PROGRAM, A LOCAL  LOTS.
CONSERVATION AREA, A  the Critical Area     JURISDICTION MAY SUBMIT  (3) A PARCEL THAT IS 12
LOCAL JURISDICTION MAY                      PROVISIONS BY WHICH AN ACRES OR MORE AND LESS
PERMIT THE AREA OF ANY BY adding to         OWNER OF A PARCEL OF  THAN 60 ACRES IN SIZE
PRIVATE WETLANDS      Article - Natural Resources  LAND IN THE RESOURCE   MAY BE SUBDIVIDED INTO 3
LOCATED ON THE        Section 8-1801.1      CONSERVATION AREA MAY LOTS. THE LOTS MAY BE
PROPERTY TO BE        Annotated Code of Maryland BE PERMITTED TO MAKE   CREATED AT DIFFERENT -
INCLUDED, UNDER THE   (1983 Replacement Volume  BONA FIDE INTRAFAMILY  TIMES.
FOLLOWING CONDITIONS:   and 1985 Supplement)    TRANSFERS.          (F)(1) AS A CONDITION OF
  (1) THE DENSITY OF                          (C) IF A LOCAL       APPROVAL, A LOCAL
DEVELOPMENT ON THE   Preamble               JURISDICTION INCLUDES  JURISDICTION SHALL
UPLAND PORTION OF THE                       PROVISIONS FOR BONA   REQUIRE THAT:
PARCEL MAY NOT EXCEED   WHEREAS, To protect the FIDE INTRAFAMILY    (1) ANY DEED FOR A LOT
 1 DWELLING UNIT PER 8   Chesapeake Bay, the General TRANSFERS AS PART OF  THAT IS CREATED BY A
ACRES; AND            Assembly enacted Chapter  ITS LOCAL PROGRAM, THE BONA FIDE INTRAFAMILY
  (2) THE AREA OF     794 of the Acts of 1984; and  LOCAL JURISDICTION  TRANSFER SHALL CONTAIN
PRIVATE WETLANDS SHALL                      SHALL PERMIT A BONA    A COVENANT STATING
BE ESTIMATED ON THE     WHEREAS, The General  FIDE INTRAFAMILY     THAT THE LOT IS CREATED
BASIS OF VEGETATIVE    Assembly intends this Act to TRANSFER TO BE MADE   SUBJECT TO THE
 INFORMATION AS        control over any regulation of ONLY FROM PARCELS OF  PROVISION OF THIS
DESIGNATED ON THE     the Commission to allow for  LAND THAT:      SECTION; AND
STATE WETLANDS MAPS.  intrafamily transfers of certain  (1) WERE OF RECORD    (II) A LOT CREATED BY A
                        parcels of land in the Critical ON MARCH 1, 1986; AND   BONA FIDE INTRAFAMILY
  SECTION 2. AND BE IT  Area; now, therefore,                      TRANSFER MAY NOT BE
 FURTHER ENACTED, That                                              CONVEYED






SUBSEQUENTLY TO ANY   THE COMMISSION'S           WHEREAS, The General
PERSON OTHER THAN A   CRITERIA TO MAINTAIN    Assembly intends this Act to
MEMBER OF THE OWNER"S LAND AREAS NECESSARY  prevent the impervious
IMMEDIATE FAMILY,      TO SUPPORT THE          surfaces limitation that is
EXCEPT UNDER           PROTECTIVE USES OF    greater than a certain
PROCEDURES             AGRICULTURE, FORESTRY, percentage unless the General
ESTABLISHED PURSUANT  OPEN SPACE, AND          Assembly specifically approves
TO SUBSECTION (G) OF    NATURAL HABITATS IN    the action; now, therefore.,
THIS SECTION.          RESOURCE
  (2) THIS SUBSECTION   CONSERVATION AREAS       SECTION 1. BE IT
DOES NOT PREVENT THE  WARRANT AN EXCEPTION. ENACTED BY THE GENERAL
CONVEYANCE OF THE LOT                          ASSEMBLY OF MARYLAND,
TO A THIRD PARTY AS      SECTION 2. AND BE IT  That the Laws of Maryland
SECURITY FOR A         FURTHER ENACTED, That -read as follows:
MORTGAGE OR DEED OF  this Act shall take effect June
TRUST.                  1, 1986.               Article - Natural Resources
  (G) IF A LOCAL
JURISDICTION INCLUDES                          8-1808.1
PROVISIONS FOR BONA    CHAPTER 604
FIDE INTRAFAMILY                                 (A) THIS SECTION
TRANSFERS AS PART OF   AN ACT concerning       APPLIES
ITS LOCAL PROGRAM, THE Chesapeake Bay Critical    NOTWITHSTANDING;
LOCAL JURISDICTION     Area-Impervious Surfaces
SHALL ESTABLISH        Limitation               (1) ANY OTHER
STANDARDS AND                                  PROVISION OF THIS
PROCEDURES, SUBJECT TO FOR the purpose of prohibiting SUBTITLE; OR
THE APPROVAL OF THE    the Chesapeake Bay Critical   (2) ANY CRITERIA OR
COMMISSION, BY WHICH   Area Commission from    GUIDELINE OF THE
THE LOCAL JURISDICTION  establishing an impervious   COMMISSION ADOPTED
WILL PERMIT THE        surfaces limitation greater than UNDER THIS SUBTITLE,
SUBSEQUENT             certain amounts unless    (B) THIS SECTION
CONVEYANCE OF LOTS TO approved by the General    CONTROLS OVER ANY
PERSONS OTHER THAN    Assembly; providing for the  OTHER REQUIREMENT
IMMEDIATE FAMILY       scope, application, and effect CONCERNING IMPERVIOUS
MEMBERS. THE           of this Act; and generally    SURFACES LIMITATIONS IN
STANDARDS AND          relating to impervious surfaces THE CRITICAL AREA.
PROCEEDS SHALL ASSURE limitations.               (C) FOR STORMWATER
THAT:                                          RUNOFF, MAN-CAUSED
  (1) THE LOT WAS      BY adding to            IMPERVIOUS AREAS SHALL
CREATED AS PART OF A   Article - Natural Resources   BE LIMITED TO 15 PERCENT
BONA FIDE INTRAFAMILY  Section 8-1808.1        OF A PARCEL TO BE
TRANSFER AND NOT WITH Annotated Code of Maryland  DEVELOPED. HOWEVER,
THE INTENT OF          (1983 Replacement Volume  IMPERVIOUS SURFACES ON
SUBDIVIDING THE                 5 SuI mt   ANY LOT NOT EXCEEDING 1
ORIGINAL PARCEL OF LAND                        ACRE IN SIZE IN A
FOR PURPOSES OF        Preamble                SUBDIVISION APPROVED
ULTIMATE- COMMERCIAL                           AFTER JUNE 1, 1986 MAY
SALE; AND                                      BE UP TO 25 PERCENT OF
  (2)(1) A CHANGE IN     WHEREAS, To protect the BE UP TO 25 PERCENT OF
- CIRCUMSTANCES HAS    Chesapeake Bay, the General THE LOT.
OCCURRED SINCE THE    Assembly enacted Chapter
ORIGINAL TRANSFER WAS  794 of the Acts of 1984; and  -- SECTED, ThatN
MADE THAT IS NOT                               this Act shall take effect June
INCONSISTENT WITH THIS    WHEREAS, Under Chapter
SNUCBOTITSLESAENDT  WITHATHIS  794 of the Acts of 1984, the  1, 1986.
SUBTITLE AND THAT
WARRANTS AN EXCEPTION; Chesapeake Bay Critical Area
WOR         AEXPTO;Commission adopted
  (II) OTHER            regulations under COMAR
CIRCUMSTANCES OTHERAT    14.15.02.02 to provide for
ARF CONSISTENT WITH    general policies for
 I SUBTITLE AND WITH  development in the Critical
                         Area; and







The Criteria                    limited to, seed or larvae        (11) "Colonial nesting water the waterways. Cover crops
                               development and growout        birds" means herons, egrets,   can be dense, planted crops of
14.15.01 General Provisions   facilities, fish pens, shellfish   terns, and glossy ibis. For   grasses or legumes, or crop
                               rafts, tacks and longlines,    purposes of nesting, these      residues such as corn; wheat,
.01 Definitions.               seaweed floats and the culture birds congregate (that is        or soybean stubble which
                               of clams and oysters on        "colonize") in relatively few   maximize infiltration and
  A. As used in this subtitle,  tidelands and subtidal areas.   areas, at which time, the      prevent runoff from reaching
the following terms have the   For the purpose of this         regional populations of these   erosive velocities.
meanings indicated.            definition, related activities  species are highly susceptible    (18) "Critical Area" means
  B. Terms Defined.            such as wholesale and retail  to local disturbances.           all lands and waters defined in
, (1) "Afforestation" means   sales, processing and product    (12) "Commercial               Section 8-1807 of the Natural
the establishment of a tree     storage facilities are not     harvesting" means a             Resources Article, Annotated
crop on an area from which it  considered aquacultural         commercial operation that       Code of Maryland. They
has always or very long been  practices.                       would alter the existing        include:
absent, or the planting of open    (6) "Barren land" means    composition or profile, ot both,   (a) all waters' of and lands
areas which are not presently  unmanaged land having           of a forest, including all      under the Chesapeake Bay
in forest cover.                sparse vegetation.             commercial cutting operations and its tributaries to the head
 ï¿½ (2) "Agriculture" means all    (7) "Best Management         done by companies and           of tide as indicated on the
methods of production and      Practices (BMPs)" means         private individuals for         State and private wetlands
management of livestock,        conservation practices or      economic gain.                  designated under Title 9 of the
crops, vegetation, and soil.    systems of practices and          (13) "Commission" means  Natural Resources Article,
This includes, but is not limited management measures that   the Chesapeake Bay Critical   Annotated Code of Maryland;
to, the related activities of   control soil loss and reduce    Area Commission.                  (b) all land and water areas
tillage, fertilization, pest    water quality degradation         (14) "Community piers"       within 1,000 feet beyond the
control, harvesting, and        caused by nutrients, animal    means boat docking facilities  landward boundaries of State
marketing. It also includes, but waste, toxics, and sediment.   associated with subdivisions   or private wetlands and the
is not limited to, the activities  Agricultural BMPs include, but and similar residential areas,   heads of tides designated
of feeding, housing, and        are not limited to, strip      and with condominium,           under Title 9 of the Natural
maintaining of animals such as cropping, terracing, contour    apartment, and other            Resources Article, Annotated
cattle, dairy cows, sheep,      stripping, grass waterways,    multiple-family dwelling units.  Code of Maryland; and
goats, hogs, horses, and        animal waste structures,       Private piers are excluded         (c) modification to these
poultry and handling their by   ponds, minimal tillage, grass   from this definition.          areas through inclusions or
products.                       and naturally vegetated filter    (15) "Comprehensive or    exclusions proposed by local
  (3) "Agricultural easement" strips, and proper nutrient      master plan" means a           jurisdictions and approved by
menas a non-possessory          application measures.          compilation of policy           the Commission as specified in
interest in land which restricts    (8) "Buffer" means a       statements, goals, standards,  Section 8-1807 of the Natural
the conversion of use of the   naturally vegetated area or    maps, and pertinent data         Resources Article, Annotated
land, preventing               vegetated area established or relative to the past, present,   Code of Maryland.
non-agricultural uses.          managed to protect aquatic,   and future trends of the local      (19) "Density" means the
  (4) "Anadromous fish"        wetland, shoreline, and         jurisdiction including, but not   number of dwelling units per
means fish that travel         terrestrial environments from   limited to, its population,     acre within a defined and
upstream (from their primary   man-made' disturbances.         housing, economics, social    measurable area.
habitat in the ocean) to          (9) "Clearcutting" means    patterns, land use, water           (2) "Developed woodlands"-
freshwaters in order to spawn. the removal of the entire stand resources and their use,        means those areas of 1 acre
  (5) "Aquaculture" means (a) Of tees in one cutting with tree transportation facilities, and    or more in size which
the farming or culturing of     reproduction obtained by       public facilities, prepared by or predominantly contain trees
finfish, shellfish, other aquatic  natural seeding from adjacent  for the planning board, agency, and natural vegetation and
plants or animals, or both, in  stands or from trees that were or office.                      which also include residential,
lakes, streams, inlets,        cut, from advanced                 (16) "Conservation           commercial, or industrial
estuaries, and other natural or regeneration or stump sprouts, easement" means a               structures and uses.
artificial water bodies or      or from planting of seeds or    non-possessory interest in land   (21) "Development
impoundments. (b) Activities  seedlings by man.                which restricts the manner in  activities" means the
include the hatching,             (10) "Cluster development" which the land may be             construction or substantial
cultivating, planting, feeding,   means a residential          developed in an effort to       alteration of residential,
raising, and harvesting of      development in which dwelling reserve natural resources for  commercial, industrial,
aquatic plants and animals and units are concentrated in a     future use.                     institutional, or transportation
the maintenance and             selected area or selected         (17) "Cover crop" means    facilities or structures.
construction of necessary       areas of the development tract the establishment of a             (22) "Documented breeding
equipment, buildings, and       so as to provide natural habitat vegetative cover to protect   bird areas" means forested
growing areas. (c) Cultivation or other open space uses on   soils from erosion and to         areas where the occurrence of
                              methods include, but are not   the remainder,  restrict pollutants from entering interior dwelling birds, during
methods include, but are not







the breeding season, has been flycatchers, warblers, vircos,   natural or man-made, enclosed not generally corrected by
demonstrated as a result of    and woodpeckers).              or impounded, water body.       "end-of-pipe" treatment, but
on-site surveys using standard   (28) "Forest management"    (36) "Land clearing" means rather, by changes in land
biological survey techniques.   means the protection,         any activity that removes the  management practices.
  (23) "Ecosystem" means a manipulation, and utilization of vegetative ground cover.            (45) "Non-renewable
more or less self-contained    the forest to provide multiple    (37) "Landforms" means    resources" means resources
biological community together benefits, such as timber        features of the earth's surface that are not naturally
with the physical environment  harvesting, water transpiration, created by natural causes.    regenerated or renewed.
in which the community's       wildlife habitat, etc.            (38) "Marina" means any        (46) "Non-tidal wetlands"
organisms occur.                  (29) "Forest practice"      facility for the mooring,       means those lands in the
  * (24) "Excess stormwater   means the alteration of the    berthing, storing, or securing of Critical Area, excluding tidal
run-off' means all increases in forest either through tree    watercraft, but not including   wetlands regulated under Title
stormwater resulting from:     removal or replacement in      community piers and other       9 of Natural Resources Article,
  (a) An increase in the      order to improve the timber,   non-commercial boat docking  Annotated Code of Maryland,
imperviousness of the site,    wildlife, recreational, or water  and storage facilities.      where the watet table is
including all additions to     quality values.                   (39) "Mean High Water        usually at or near the surface,
building, roads, and parking      (30) "Highly erodible soils"  Line" means the average level or lands where the soil or
lots;                          means those soils with a slope of high tides at a given        substrate is covered by
   (b) Changes in permeability greater than 15 percent; or    location.                       shallow water at some time
caused by compaction during  those soils with a K value          (40) "Natural Heritage       during the growing season.
construction or modifications in greater than .35 and with    Area" means any communities These regulations apply to the
contours, including the filling or slopes greater than 5 percent. of plants or animals which are Palustrine class of non-tidal
drainage of small depression      (31) "Historic waterfowl    considered to be among the   wetlands as defined in
areas;                         staging and concentration      best Statewide examples of   "Classification of Wetlands and
  (c) Alteration of            area" means an area of open  their kind, and are designated  Deepwater Habitats of the
drainageways, or regarding of water and adjacent marshes   by regulation by the Secretary United States" (Publication
slopes;                        where waterfowl gather during of the Department of Natural   FWS/ODS-79/31, December
  (d) Destruction of forest; or migration and throughout the  Resources.                     1979) and as identified on the
  (e) Installation of collection winter season. These areas     (41) "Natural vegetation"    National Wetlands Inventory
systems to intercept street    are "historic" in the sense that means those plant             maps, or which may be
flows or to replacde swales or their location is common       communities that develop in   identified by site survey at the
other drainageways.            knowledge and because these the absence of human               time of application for a
  (25) "Fisheries activities"   areas have been used          activities.                    development activity. These
means commercial water         regularly during recent times.    (42) "Nature-dominated"    lands are usually characterized
dependent fisheries facilities    (32) "Hydric soils" means   means a condition where         by one or both of the following:
including structures for the   soils that are wet frequently    landforms or biological         (a) At least periodically, the
packing, processing, canning,  enough to periodically produce communities, or both, have    lands support predominantly
or freezing of finfish,        anacerobic conditions, thereby developed by natural            hydrophytic vegetation;
crustaceans, mollusks, and    influencing the species          processes in the absence of      (b) The substrate is
amphibians and reptiles and   composition or growth, or both, human intervention.             predominantly undrained
also including related activities of plants on those soils.      (43) "Natural features"      hydric soils.
such as wholesale and retail      (33) "Hydrophytic           means components and              (47) "Offsets" means
sales product storage facilities, vegetation" means those     processes present in or         structures or actions that
crab shedding, off-loading     plants cited in "Vascular Plant produced by-nature, including  compensate for undesirable
docks, shellfish culture       Species Occurring in Maryland but not limited to, soil types,   impacts.
operations, and shore-based   Wetlands" (Dawson, F. et al.,  geology, slopes, vegetation,       (48) "Open space" means
facilities necessary for       1985) which are described as  surface water, drainage          land and water areas retained
aquaculture operations.        growing in water or on a        patterns, aquifers, recharge    in an essentially undeveloped
  (26) "Forest" means a        substrate that is at least     areas, climate, flood plains,    state.
biological community           periodically deficient in oxygen aquatic life, and wildlife.     (49) "Overburden" means'
dominated by trees and other  as a result of excessive water    (44) "Non-point source        the strata or material in its
woody plants covering a land  content (plants typically found  pollution" means pollution     natural state, before its
area of 1 acre of more. This   in water habitats).            generated by diffuse land use  removal by surface mining,
also includes forests that have    (34) "K Value" means the  activities rather than from an   overlying a mineral deposit, or
been cut, but not cleared.     soil erodibility factor in the  identifiable or discrete facility.  in between mineral deposits.
  (27) "Forest Interior        Universal Soil Loss Equation.  It is conveyed to waterways       (50) "Palustrine" means all
Dwelling Birds" means species It is a quantitative value that is through natural processes,   non-tidal wetlands dominated
of birds which require relatively experimentally determined.   such as rainfall, storm runoff,  by trees, shrubs persistent
large forested tracts in order to   (35) "Land-based          or groundwater seepage rather emergent plants, or emergent
    'd successfully (for       aquaculture" means the raising than by deliberate discharge.   mosses or lichens and all such
     -le, various species of   of fish or shellfish in any    Non-point source pollution is  wetlands that occur in tidal







 areas where the salinity due to management, can be             treat undesirable conditions;   requires location near the
 ocean-derived salts is below   harvested indefinitely.         and                             shoreline-because it utilizes
 one-half part per 1,000 parts of   (60) "Riparian habitat"        (c) The schedule for         surface waters for cooling or
 water.                         means a habitat that is         applying those Best             other internal purposes.
    (51) "Physiographic          strongly influenced by water   Management Practices.              (77) "Waterfowl" means
 features" means the soils,     and which occurs adjacent to       (67) "Steep slopes" means  birds which frequent and often
 topography, land slope and    streams, shorelines, and         slopes of 15 percent or greater swim in water, nest and raise
 aspect, and local climate that  wetlands.                      incline,                        their young near water, and
 influence the form and species   (61) "Seasonally flooded         (68) "Thinning" means a    derive at least part of their food
 comondition where surface water forest practice used to                                        from aquatic plants and
 communities. condition where surface water accelerate tree growth of animals.
    (52) "Port" means a facility is present for extended        accelerate tree growth ofe corridorimals
 or area established or         periods, especially early in the quality trees in the shortest     (78) "Wildife corridor"
 designated by the State or     growing season, and when           (69) "nterval of timephy"    means a strip ofat  land hapro vides
 local jurisdictions for purposes surface water is absent, the     (69)th               e        existing configuration of habitat proviand a safe passageway
 of water-bourne commerce.    water table is often near the   the earth'sng configurface including   for wildlife.
   (53) "Private harvesting"    land surface.                  the earth's surface including    o
 means the cutting and removal   (62) "Selection" means the the relative relief, elevation,
 of trees for personal use      removal of single, scattered,   and position of land features.       xpanation o Certain
    (54) "Project approvals"    mature trees or other trees        (70) "Transitional habitat"   Teems.
 means the approval of          from uneven-aged stands by   means a plant community                very titutes p   art of th e
 development, other than         frequent and periodic cutting   whose  species are adapted to "criteria for        program
 development by a State or      operations.                     the dverse and varying           ctea for program
 developal go ment b agency, in    (63) "ignificantly eroding  environmental conditions that  development" within the
 local government agency, in       (63) "Significantly  eroding  occur along the boundary that meaning and intent of Natural
 the Chesapeake Bay Critical   areas" means areas that erode                                      separatces Article, ï¿½8-1808(d),
 Area by the appropriate local  2 feet or more per year. whether that provision                                        is
 approval authority. The term      (64) "Species in need of    terrestd a "definition", "general
 includes approval of           conservation" means those          (71) "Transportation          ermed a "definition", "general
 subdivision plats and site     fish and wildlife whose         facilities" means anything that policy", "policy", or "criteria".
 plans; inclusion of areas within continued existence as part of is built, installed, or established
floating zones; issuance of    the State's resources are in   to provide a means of
variances, special exceptions,  question and which may be    transport from one place to    14.15.02 Development
and conditional use permits;   designated by regulation by    another.                         In the Critical Area
and issuance of zoning         the Secretary of Natural           (72) "Tributary streams"
permits. The term does not    Resources as in need of          means those perennial and
include building permits.      conservation pursuant to the   intermittent sThe  Commission  is charged
   (55) "Public water-oriented  requirements of Natural          noted on the most re  which are development of
recreation" means               Resources Article,  10-2A-06  noted on the most recent U. S. with the development of
recreation" means               Resources Article, 10-2A-06 Geological Survey 7 1/2
shore-dependent recreation    and 4-2A-03, Annotated Code Geological Survey 7 1/2              criteria that will accommodate
facilities or activities provided  of Maryland.                minute topographic              growth, and also provide for
by public agencilities orwhich are  (65) "ctivities provided of Maryland.s the quandrangle maps (scale  the conservation of habitat and
by public a    gencies which are  (65) "Spoil pile" means the  1:24,000) or on more detailed  the protection of water quality
available to the. general public. overburden and reject maps or studies at the in the Critical Area. In this
   (56) "Reclamation" means  materials as piled or deposited maps or studies at the            in the Critical Area. In this
                                                                discretion of the local        Chapter, criteria are proposed
the reasonable rehabilitation of during surface mining.        jurisdictions. for directing managing, and
disturbed land for useful         (66) "Soil Conservation and   (73) "Utility transmission    controllin      g development (e.g.,
purposes, and the protection of Water Quality Plans" meansUtility transmission                   ntrolling  evelopment (e.g.,
the natural resources of        land-use plans for farms that  facilities means fixed          residential, commercial,
adjacent areas, including       show farmers how to make           the stru ctures that convey or   industrial adverse impacts of
waterbodies.                    best possible use of their soil  distribute resources, wastes,    that the adverse impacts of
   (57) "Redevelopment"         and water resources while       or both, including, but not     growth in the Critical Area are -
   means the process of         protecting and conserving       limited to, electric lines, water  minimized. These criteria are
developing land which is or    those resources for the future  conduits, and sewer lines.      based on the general policies
        developing land which is or    those resources for the future.   (74) "Wash plant" means a found in Regulation 02.
has been developed.            It is a document containing a   f     acility where sand and  gravel
  (58) "Reforestation" means map and related plans that    is washed during processing.  .02 General Policies.
the establishment of a forest   indicate:                         (75) "Water-based               A. In order to recognize
through artificial reproduction   (a) How the landowner           (75) "Water-based               A. In order to recognize
through artificiural regeneraoduction.  plans to treat a farm unit aquaculture" means the raising already existing land uses and
or natural'regeneration.        plans to treat a farm unit;                                    development in the Critical
  o(59) "Renewable resource       (b) Which best               of fish and shellfish in any    development in the Critical
  (59) "Renewable resource" (b) Which best natural, open, free-flowing                         Area, the Commission
means a resource that can       management practices the       water body.                     recogn ize s these three types
renew or replace itself and,    landowner plans to install to     (76) "Water -use ind ustry"  of development areas:
therefore, with proper                                          means an industry that







    (1) Intensely developed     necessary to serve permitted  institutional, and/or industrial    D. In developing their
  Areas;                         uses, or where regional or     developed land uses             Critical Area Programs, local
    (2) Limited Development    interstate facilities must cross  predominate, and where        jurisdictions shall use the
  Areas; and                     tidal waters (utility          relatively little natural habitat   following criteria for Intensely
    (3) Resource Conservation transmission facilities do not   occurs. These areas shall       Developed Areas:
  Areas.                         include power plants; or       have at least one of the          (1) Local jurisdictions shall
     B. Within each jurisdiction,   (3) Permanent sludge        following features:            develop a strategy to reduce
  intense development should be handling, storage and disposal   (1) Housing density equal   the impacts on water quality
  directed outside the Critical   facilities, other than those  to or greater than four dwelling that are generated by existing
- Area. Future intense           associated with wastewater    units per acre;                  development. This shall
  development activities, when   treatment facilities. However,    (2) Industrial, institutional,  include an assessment of
  proposed in the Critical Area,  agricultural or horticultural use or commercial uses are      water quality and impacts to
  shall be directed towards the  of sludge under appropriate    concentrated in the area; or   biological resources prompted
  Intensely Developed Areas.    approvals when applied by an    (3) Public sewer and water by community redevelopment
    C. Additional low intensity  approved method at approved collection and distribution       plans and programs and may
  development may be permitted application rates may be         systems are currently serving  further include a public
  in the Limited Development    permitted in the Critical Area,  the area and housing density is education program, the
  areas, but shall be subject to  except in the 100 foot Buffer.  greater than three dwelling   implementation of urban best
  strict regulation to prevent      (4) Local jurisdictions may  units per acre.                management practices, and
  adverse impacts on habitat    preclude additional                B. In addition, these        the use of such techniques are
  and water quality.             development activities that    features shall be concentrated as outlined in D(9)(a), below.
    D. Development shall be   they consider detrimental to   in an area of at least 20            (2) Development and
  limited in the Resource        water quality or fish, wildlife, or adjacent acres, or that entire  redevelopment shall be subject
  Conservation Area, which shall plant habitats within their    upland portion of the Critical   to the Habitat Protection Area
  be chiefly designated for      jurisdictions.                 Area within the boundary of a  criteria prescribed in
 agriculture, forestry, fisheries  G. Certain new              municipality, whichever is less. COMAR 14.15.09.
 activities, other resource     development activities or         C. In developing their         (3) Stormwater.
  utilization activities and for    facilities, or the expansion of  Critical Area Programs, local  (a) The local jurisdiction
  habitat protection.            certain existing facilities,   jurisdiction shall follow these   shall require, at the time of the
    E. Local jurisdictions shall  because of their intrinsic    policies when addressing       development or
 identify each of the three areas nature, or because of their    Intensely Developed Areas:    redevelopment, technologies
 within their jurisdiction based   potential for adversely        (1) Improve the quality of   as required by applicable State
 on the criteria to follow, and    affecting habitat and water  runoff from developed areas   and local ordinances to
 develop policies and programs quality, may not be permitted  that enters the Chesapeake    minimize adverse impacts to
 to achieve the objectives as   in the Critical Area unless no   Bay or its tributary streams;    water quality caused by
 proposed by the Commission.  environmentally acceptable          (2) Accommodate              stormwater.
    F. Certain new               alternative exists outside the   additional development of the    (b) In the case of
 development, or                Critical Area, and these       type and intensity designated  redevelopment, if these
 redevelopment activities or    development activities or      by the local jurisdiction       technoligies do not reduce
 facilities, because of their   facilities are needed in order to provided that water quality is  pollutant loadings by at least
 intrinsic nature, or because of correct an existing water     not impaired;                   10 percent below the level of
 their potential for adversely    quality or wastewater           (3) Minimize the expansion pollution on the site prior to
 affecting habitats or water    management problem. These of Intensely Developed Areas  redevelopment, then offsets
 quality, may not be permitted  include:                        into portions of the Critical  shall be provided.
 in the Critical Area except in    (1) Solid or hazardous      Area designated as Habitat        (c) In the case of new
 Intensely Developed Areas    waste collection or disposal    Protection Areas under           development, offsets as
 under Regulation .03 of this   facilities; or                 COMAR 14.15.09 and              determined by the local
 Chapter, and only after the       (2) Sanitary landfills.     Resource Conservation Areas jurisdiction shall be used if they
 activity or facility has          H. Existing, permitted      under Regulation .05 of this    reduce pollutant loadings by at
 demonstrated to all appropriate facilities of the type noted in   Chapter;                    least 10 percent of the
 local and State permitting     G(1) and (2), above shall be      (4) Conserve and enhance  predevelopment levels.
 agencies that there will be a   subject to the standards and   fish, wildlife, and plant        (d) Offsets may be provided
 net improvement in water       requirements of the Maryland  habitats, as identified in       either on or off site, provided
 quality to the adjacent body of Department of Health and      COMAR 14.15.09, to the          that water quality benefits are
 water. These activities        Mental Hygiene, under          extent possible, within         equivalent, that their benefits
 include, the following:        COMAR Title 10.                 Intensely Developed Areas;    are obtained within the same
    (1) Non-maritime heavy       .03 Intensely Developed        and                            watershed, and that the
 industry;                      Areas.                            (5) Encourage the use of   benefits can be determined
    (2) Transportation facilities   A. Intensely Developed      retrofitting measures to       through the use of modeling,
 ano '-tility transmission      Areas are those areas where  address existing stormwater   monitoring, or other
 fi ;s, except those            residential, commercial,        management problems.







computation of mitigation         (a) Establishment of.          (3) Accommodate                (ii) Retain tree canopy so
measures.                      programs for the enhancement additional low or moderate        as to maintain stream water
  (4) If practicable,         of forest and developed         intensity development if:      temperature within normal
permeable areas shall be       woodland resources such as        (a) This development         variation;
established in vegetation, and  programs for urban forestry    conforms to the water quality    (iii) Provide a natural
whenever possible,             (for example, street tree      and habitat protection criteria  substrate for streambeds; and
redevelopment shall reduce    plantings, gardens,             in C, below; and                  (iv) Minimize adverse water
existing levels of pollution.  landscaping, open land buffer    (b) The overall intensity of  quality and quantity impacts of
   (5) Areas of public access  plantings);                     development within the Limited stormwater.
to the shoreline, such as foot    (b) Establishment by         Development Area is not           (d) All development sites
paths, scenic drives, and other regulation that development    increased beyond the level    shall incorporate a wildlife
public recreational facilites,    activities shall be designed and established in a particular area corridor system that connects
should be maintained and, if  implemented to minimize         so as to change its prevailing  the largest undeveloped, or
possible, encouraged to be    destruction of forest and       character as identified by      most vegetative tracts of land
established within Intensely    woodland vegetation; and      density and land use currently within and adjacent to the site
Developed Areas.                  (c) Protection for existing   established in the area.      in order to provide continuity of
   (6) Ports and industries    forests and developed             C. In developing their       existing wildlife and plant
which use water for            woodlands identified as Habitat Critical Area Programs, local  habitats with offsite habitats.
transportation and derive      Protection Areas in            jurisdictions shall use all of the The wildlife corridor system
economic benefits from shore  COMAR 14.15.09.                 following criteria for Limited    may include Habitat Protection
access, shall be located near                                 Development Areas:              Areas identified in COMAR
existing port facilities. Local   .04 Limited Development        (1) For all development      14.15.09. Local jurisdictions
jurisdictions may identify other Areas.                       activities in the Limited       shall ensure the maintenance
sites for planned future port     A. Limited Development    Development Areas, the            of the wildlife corridors by
facility development and use if Areas are those areas which   jurisdiction shall require that   requiring the establishment of
this use will provide significant are currently developed in low the developer identify any   conservation easements,
economic benefit to the State  or moderate intensity uses.    environmental or natural        restrictive covenants, or similar
of local jurisdiction and is   They also contain areas of    feature described below, and   instruments through which the
consistent with the provisions  natural plant and animal      shall meet all of the following  corridor is preserved by public
of COMAR 14.15.03.03,          habitats, and the quality of   standards of environmental    or private groups, including
14.15.03.04, 14.15.03.05,      runoff from these areas has    protection:                     homeowners associations,
14.15.09, and other State and  not been substantially altered    (a) Criteria as provided for nature trusts, and other
federal regulations.           or impaired. These areas shall the Habitat Protection Areas in organizations.
   (7) Local jurisdictions shall  have at least one of the     COMAR 14.15.09, and those         (2) For the cutting or
be encouraged to establish,   following features:             for the Water-Dependent         clearing of trees in forests and
with assistance from the State,   (1) Housing density ranging Facilities in COMAR 14.15.03. developed woodland areas
programs for the enhancement from one dwelling unit per 5        (b) All roads, bridges, and  which are associated with
of biological resources within  acres up to four dwelling units utilities that must cross a   current or planned
the Critical Area for their    per acre;                       Habitat Protection Area shall  development activities in the
positive effects on water         (2) Areas not dominated by be located, designed,            Limited Development Area, all
quality and urban wildlife     agriculture, wetland, forest,    constructed, and maintained   jurisdications shall:
habitat. These programs may barren land, surface water, or so as to provide maximum             (a) Require that the
include urban forestry,        open space;                    erosion protection and          developer consider the
landscaping, gardens, wetland,   (3) Areas meeting the        minimize negative impacts to  recommendations of the
and aquatic habitat restoration conditions of Regulation .03A, wildlife, aquatic life and their   Maryland Forest, Park and
elements.                      but not .03B, above;            habitats and maintain          Wildlife Service when planning
   (8) To the extent              (4) Areas having public      hydrologic processes and       development on forested
practicable, future            sewer or public water, or both. water quality. Roads, bridges, lands;
development shall use cluster    B. In developing their       or utilities may not be located    (b) Provide, regulations that.
development as a means to   Critical Area Programs, local  in any Habitat Protection Area development activities be
reduce impervious areas and  jurisdictions shall follow these  unless no feasible alternative  designed and implemented to
to maximize areas of natural   policies when addressing       exists.                         minimize destruction of
vegetation.                    Limited Development Areas:        (c) All development          woodland vegetation; and
   (9) When the cutting or        (1) Maintain, or if possible, activities that must cross or    (c) Provide protection for
clearing of trees in forests and improve the quality of runoff   affect streams shall be      forests and developed
developed woodland areas is  and groundwater entering the  designed to:                       woodlands identified as Habitat
 associated with current or     Chesapeake Bay and its            (i) Reduce increases in    Protection Areas in COMAR
 planned development            tributaries;                   flood frequency and severity   14.15.09.
 activities, the following shall be   (2) Maintain, to the extent  that are attributable to      (3) For the alteration of
 required:                      practicable, existing areas of  development;                   forest and developed.
                                natural habitat; and                                          woodland in the Limited







Development Area, the          developed woodland is            (7) For stormwater runoff,     (2) For stormwater runoff
jurisdiction shall apply all of the cleared;                  man-caused impervious areas (COMAR .08.05.05):
following criteria:              (c) Forests which have       shall be limited to 15 percent   (a) Limitation on
   (a) The total acreage in    been cleared before obtaining of the site.                    Stormwater Runoff.
forest coverage within a       a grading permit, or that        (8) Local jurisdictions      Development may not cause
'jurisdiction in the Critical Area  exceed the maximum area   should allow for modifications  downstream property,
shall be maintained, or        allowed in C(4) shall be       in road standards to reduce    watercourses, channels, or
preferably, increased.         replanted at three times the   potential impacts to the site   conduits to receive stormwater
   (b) All forests that are    areal extent of the cleared    and Critical Area resources,   runoff at a higher volume or
allowed to be cleared or       forest;                        where the reduced standards  rate than would have resulted
developed shall be replaced in   (d) If the areal extent of the do not significantly affect  from a 10-year storm were the
the Critical Area on not less   site limits the application of    safety.                    land in its predevelopment
than an equal area basis.      C(3), C(4), and C(5)(c), above,   (9) To reduce the extent of state.
   (c) That no more than 20   alternative provisions or       impervious areas and              (b) Storage Capacity. All
percent of any forest or       reforestation guidelines may   maximize areas of natural      stormwater storage facilities
developed woodland may be   be developed by the local         vegetation, cluster            shall be designed with
removed from forest use,       jurisdiction, if they are      development shall be           sufficient capacity to achieve
except as provided in C(4),   consistent with the intent of    considered when planning for  water quality goals of this
below. The remaining 80        COMAR 14.15.05, to conserve future development.               Subtitle and to eliminate all
percent shall be maintained    the forest and developed         (10) Development may be  runoff caused by the
through recorded, restrictive   woodland resources of the     allowed on soils having        development in excess of that
covenants or similar           Critical Area. Alternative     development constraints if it  which would have come from
instruments.                   provisions may include         includes mitigation measures  the site if it were in its
   (d) Developed woodland    fees-in-lieu provisions if the fee that adequately address the   predevelopment state.
vegetation shall be conserved  is adequate to ensure the      identified constraints and that    (c) Storriwater
to the greatest extent         restoration or establishment of will not have significant     management measures shall
practicable.                   an equivalent forest area;     adverse impacts on water       be consistent with the
   (4) For replacement of         (c) If no forest is         quality or plant, fish, or wildlife requirements of Natural
forest and developed           established on proposed        habitat.                       Resources Article, ï¿½8-11A-01
woodland, if more than 20      development sites, these sites   D. In developing their       et seq., Annotated Code'of
 percent is removed from forest shall be planted to provide a   Critical Area Programs, the    Maryland.
 use, the following formula shall forest or developed woodland  local jurisdictions shall refer to
 apply: a developer may clear  cover of at least 15 percent;]  all of the following           .05 Resource Conservation
 or develop more forest than      (f) All forests designated on complementary existing State Areas.
 otherwise permitted to         development plans shall be    laws and regulations:             A. Resource Conservation
 disturbed, if the total forest    maintained to the extent      (1) For soil erosion and     Areas are. those areas
 area removed from forest use  practicable, through            sediment control (COMAR        characterized by
 is not increased by more than  conservation easements,        08.05.0):                      nature-dominated
 50 percent of the area         restrictive covenants, or other    (a) In order to prevent soil  environments (that is,
 permitted to be disturbed in   protective instruments;        erosion and sedimentation, a  wetlands, forests, abandoned
 C(3)(c) above, provided that     (g) The developer shall    Soil Erosion and                 fields) and resource-utilization
 the afforsted area shall consist designate, subject to the    Sedimentation Control Plan    activities (that is, agriculture,
 of 1.5 times the total surface   approval of the local        shall be required whenever a  forestry, fisheries activities, or-
 acreage of the disturbed forest jurisdiction, a new forest area  development within the Critical aquaculture). These areas
 or developed woodland area,  on a part of the site not        Area will involve any clearing,  shall have at least one of the
 or both.                       forested; and                  grading, transporting, or other following features:
    (5) In addition, local         (h) The afforested area     form of disturbance to land by   (1) Density is less than one
 jurisdictions shall adhere to the shall be maintained as forest  the movement of earth. This  dwelling unit per 5 acres; or
 following criteria for forest and cover through easements,    plan shall be consistent with    (2) Dominant land use is in.
 woodland development:          restrictive covenants, or other the Requirements of Natural   agriculture, wetland, forest,
    (a) Local programs shall    protective instruments.        Resources Article ï¿½ï¿½&1101    barren land, surface water, or
 make provision for surety to be   (6) Development on slopes through 8-1108, Annotated    open space.
 provided by owners or          greater than 15 percent, as    Code of Maryland, and local      B. In developing their
 developers in an amount        measured before development,ordinances. Sediment control Critical Area Programs, local
 acceptable to the local        shall be prohibited unless the  practices shall be appropriately jurisdictions shall follow these
 jurisdiction and suitable to   project is the only effective    designed to reduce adverse   policies when addressing
 assure satisfactory            way to maintian or improve the water quality impact.          Resource Conservation Areas:
 replacement as required by    stability of the slope and is     (b) Jurisdictions shall        (1) Conserve, protect, and
 C(4), above;                   consistent with the policies in  require erosion control as the  enhance the overall ecological
    '' Grading permits shall be B, above.                      basis of sediment control plans values of the CriticaLArea, its
 rf    o, before forest or                                     within the Critical Area.







biological productivity, and its  necessary to support the    counties in coordination with   existing use does not conform
diversity;                     protective uses.               affected municipalities, shall   with the provisions of a local.
   (2) Provide adequate           (5) Existing industrial and   establish a process to ,     program, its intensification or
breeding, feeding, and         commercial facilities, including accommodate the growth       expansion may be permitted
wintering habitats for those    those that directly support   needs of the municipalities.    only in accordance with the
wildlife populations that require agriculture, forestry,        B. When locating new         variance procedures outlined
the Chesapeake Bay, its        aquaculture, or residential    Intensely Developed or Limited in COMAR 14.15.11.
tributaries, or coastal habitats  development not exceeding    Development Areas, local        B. Local jurisdictions shall
in order to sustain populations the density specified in C(4),  jurisdictions shall use these    establish grandfather
of those species;              above, shall be allowed in     guidelines:                    provisions as part of their local
   (3) Conserve the land and  Resource Conservation Areas.   (1) New Intensely               Critical Area Programs.
water resource base that is   Additional land may not be      Developed Areas should be    Except as otherwise provided,
necessary to maintain and      zoned for industrial or        located in Limited            local jurisdictions shall permit
support land uses such as      commercial development,        Development Areas or          the types of land described in
agriculture, forestry, fisheries  except as provided in       adjacent to existing Intensely  the following subsections to be
activities, and aquaculture; and Regulation .06, below.       Developed Areas;              developed in accordance with
   (4) Conserve the existing      (6) Local jurisdictions shall    (2) New Limited           density requirements in effect
developed woodlands and        develop a program to assure  Development Areas should be prior to the adoption of the
forests for the water quality    that the overall acreage of    located adjacent to existing    local Critical Area Program
benefits that they provide.    forest and woodland within    Limited Development Areas or notwithstanding the density
   C. In developing their      their Resource Conservation   Intensely Developed Areas;    provisions of the Chapter. A
Critical Area Programs, local  Areas does not decrease.         (3) No more than one half  local jurisdiction shall permit a
jurisdictions shall use all of the   (7) Development activity   of the allocated expansion may single lot or parcel of land that
following criteria for Resource  within the Resource          be located in Resource        was legally of record on the
Conservation Areas:            Conservation Area shall be    Conservation Areas;            date of the program approval
   (1) Land use management  consistent with the criteria for    (4) New Intensely            to be developed with a single
practices shall be consistent   Limited Development Areas in developed Areas and Limited  family dwelling, if a dwelling is
with the policies and criteria for Regulation .04.            Development Areas should be not already placed there,
Habitat Protection Areas in      (8) Nothing in this          located in order to minimize    notwithstanding that such
COMAR 14.15.09, the policies regulation shall limit the ability impacts to Habitat Protection  development may be
and criteria for Agriculture in  of a participant in the      Areas as specified in COMAR  inconsistent with the density
COMAR 14.15.06, and the    Agriculture Easement Program 14.15.09 and in an area and in provisions of the approved
policies and criteria on       to convey real property        a manner that optimizes       local program:
Forestry in COMAR 14.15.05. impressed with such an            benefits to water quality;       (1) Any land on which
   (2) Agricultural and        easement to family members        (5) New Intensely           development activity has
conservation easements shall provided that no such            Developed Areas should be    progressed to the point of the
be promoted in Resource        conveyance will result in a    located where they minimize   pouring of foundation footings
Conservation Areas.            density greater that 1 dwelling their impacts to the defined    or the installation of structural
   (3) Local jurisdictions are   unit per 20 acres.           land uses of the Resource      members;
encouraged to develop tax or                                  conservation Area;               (2) Any legal parcel of land,
other incentive/disincentive    .06 Location and Extent of      (6) New Intensely            not being part of a recorded or
programs to promote the        Future Intensely Developed    Developed Areas and Limited  approved subdivision, that was
continuation of-agriculture,   and Limited Development        Development Areas in the      recorded or approved
forestry, and natural habitats in Areas.                      Resource Conservation Area  subdivision, that was recorded
Resource Conservation Areas.   A. Intensely Developed and should be located at least 300 as of December 1, 1985, and
  ï¿½(4) Land within the         Limited Development Areas    feet beyond the landward edge land that was subdivided into
Resource Conservation Area  may be increased subject to   of tidal wetlands or tidal        recorded, legally buildable lots,
may be developed for           these guidelines:              waters.                       where the subdivision received
residential uses at a density    (1) The area of expansion                                  the local jurisdiction's final
not to exceed one dwelling unit of Intensely Developed or     .07 Grandfathering.           approval prior to June 1, 1984,
per 20 acres. Within this limit Limited Development Areas, or  A. After program approval,  provided that::
of overall density, minimum lot both, may not exceed an area local jurisdictions shall permit    (a) The local jurisdiction
sizes may be determined by   equal to 5 percent of the        the continuation, but not     develops as part of its
the local jurisdiction. Local    county's portion of the      necessarily the intensification  program, procedures to bring
jurisdictions are encouraged to Resource Conservation Area  or expansion, of any use in    these lands into conformance
consider such mechanisms as lands that are not tidal          existence on the date of      with the local Critical Area
cluster development, transfer  wetlands or federally owned;   program approval, unless the  Program insofar as possible,
of development rights,           (2) When planning future   use has been abandoned for  including the consolidation or
maximum lot size provisions,  expansion of                    more than one year or is      reconfiguration of lots not
and/or additional means to     Intensely-Developed and        otherwise restricted by existing individually owned, and these
maintain the land area         Limited Development Areas,   local ordinances. If any







procedures are approved by   14.15.03 Water                   criteria when addressing         (1) That the activities will
the Commission, or             De  endent Facilities          water-dependent facilities:    not significantly alter existing
   (b) If any such land has                                      A. Except as otherwise      water circulation patterns or
received a building permit                                    provided in this Chapter, new  salinity regimes;
subsequent to December 1,    01 Definitio                     or expanded development          (2) That the water body
1985, but prior to local       .    e r-depeon.              activities may be permitted in  upon which these activities are
program approval, and is f ater- epen en                      the Buffer in Intensely        proposed has adequate
located in a Resource          facilities"ource               Developed and Limited          flushing characteristics in the
conservation Area, that land    tructures or works associated Development Areas provided  area;
must be counted by the local  with industrial, maritime,      that it can be shown:            (3) That disturbance to
jurisdiction against the growth  recreastion, educational, or   (1) That they are            wetlands, submerged aquatic
increment permitted in that    fisheries activities that require water-dependent;            plant beds, or other areas of
area under COMAR               shlocation at or near the Buffer  (2) That the project meets a important aquatic habitats will
14.15.02.06, unless the                                       recognized private right or   be minimized;
Commission determines at the specified in COMAR 14.15.09. public need;                '        (4) That adverse Impacts to
time of the program approval      B. An activity s              (3) That adverse effects on water quality that may occur as
that steps had been taken to  water-dependent if it cannot           s water quality, and fish, plant,  a result of these activities,
                                                               water quality, and fish, plant, a  result of these activities,
conform the development to   exist o         the Buffer and is and wildlife habitat are      such as non-point source
the criteria in this Subtitle  dependent o  the water by    minimized;                       run-off, sewage discharge from
insofar as possible;           reason of the intrinsic nature of  (4) That, in so far as     land activities or vessels, or
   (3) Land that was           its operation. These activities possible, non-water-dependent from boat cleaning and
subdivided into recorded,      include, but are not limited to,  structures or operations    maintenance operations, is
legally buildable lots, where    ports, the intake and outfall    associated with           minimized;
the subdivision received the   structures of power plants     water-dependent projects or      (5) That shellfish beds will
local jurisdiction's final     water-use industries, marinas  activities are located outside   not be disturbed or be made
approval between June 1,       and other boat docking         the Buffer; and                subject to discharge that will
1984 and December 1, 1985;  structures, public beaches and   (5) That the facilities are    render them unsuitable for
  (4) Land that was           r       other public water-oriented fisheries consistent with an approved   harvesting;
  (4) Land th         recre        ation areas, actnd fishervities  local plan as set forth below.  (6) That dredging shall be
subdivided into recorded,      activities.                      B. Except as otherwise       conducted in a manner, and
legally buildable lots, where    C. Excluded from thisvidua   provided in this regulation, new using a method, which causes
the subdivision received  the                                 or expanded development        the least disturbance to water
local jurisdiction's final     private piers installed or     activities may not be permitted quality and aquatic and
approval after December 1,   maintained by riparian          in those portions of the Buffer terrestrial habitats in the area
1985, provided that either     landowners, and which are not which occur in Resource        immediately surrounding the
development of any such land part of a subdivision which      Conservation Areas.           dredging operation or within
conforms to the criteria in this provides community piers (see                               the Critical Area, generally;
subtitle, or the area of the land Regulation,.07 below).      .04 Local Plan Requirements      (7) That dredged spoil will
is counted by the local                                       for Water-Dependent Facilities. not be placed within the Buffer
jurisdiction against the growth  .02 Policies.                  A. Local jurisdictions, with  or elsewhere in that portion of
increment permitted under        In developing their Critical                                          Area which has
COMAR 14.15,02.06.             area Programs, local           the assistance  of appropriate  the Critical Area which has
                               area Programs, local
COMAR  14.15,02.06.            jurisdictions shall follow these State agencies, shall develop a been designated as a Habitat
  C.  For purposes of         jurisdictions shall follow thesessing   plan and associated policies   Protection Area except as
impleme nting this       regulation, a policies when t facilities  and implementation programs  necessary for:
local jurisdiction shall have  water-. imdepende nt faclities:    for approving areas suitable for  (a) Backfill for permitted
determined, based on land        activiti development         new or expanded                shore erosion protection
uses and development in        spcifvied in COMAR 14.15.09, water-dependent facilities in   measures;
wexistence on December 1,    to those that are                accordance with Regulation       (b) Use in approved
1985, which land areas fall water-dependent; and              .03, above, and others in this  vegetated shore erosion
within the three types of      water-dependent; and           Chapter. The plans and         projects;
developenarasdes          e lopational criteria, that thdBesie ad programs should include the  (c) Placement on previously
in COMAR 14.15.02.            activiolies will have minimal   re-evaluation of areas currently approved channel
  D. Nothing in this regulation actividuaties wll hav e minimal  zoned or approved for these   maintenance spoil disposal
any be  interprested ants altering impact on water quality and    facilities to determine if current areas; and
        any requirements for fswllfadppolicies are consistent with the   (d) Beach nourishment; and
development activities set out  fish, wildlife, and plant habitat  Critical Area Program.
                               developmentactivitiesse(in the Critical Area.  Critical Area Program.  ) That interference with
in COMAR 14.15.03 and                                           B. The plan shall specify a  the natural transport of sand
14.15.09 of this Subtitle.     .03 General Criteria           process which considers the   will be minimized.
                                                              'following factors in planning for  C. The information
                                  In developing their Critical  areas suitable for           necessary for evaluating the
                               Area Programs, local
                                                              water-dependent activities:    above factors, if noftavailable
                               jurisdictions shall follow these







locally, should be obtained    .07 Community Piers and          (4) Disturbance to the         (1) One slip for each 50 feet
from appropriate State and    Other Related                   Buffer is the minimum          of shoreline in the subdivision
federal agencies.              Non-Commercial Boat Docking necessary to provide a single  in the intense and Limited
                                and Storage Facilities.       point of access to the facilities; Development Areas and one
.05 Industrial and               A. New or expanded           and                            slip for each 300 feet of
Port-Related Water-Dependent community marinas and other    (5) If community piers,          shoreline in the subdivision in
Facilities                     non-commercial boat-docking  slips, or moorings are provided the Resource Conservation
   New, expanded, or           and storage facilities may be   as part of the new            Area; or
redeveloped industrial or      permitted in the Buffer subject development, private piers in    (2) A density of slips, piers,
port-related facilities and the   to the requirements of      the development are not        or mooring buoys to platted
replacement of these facilities Regulation .03A, above, and   allowed.                       lots or dwellings within the
'may be permitted only in those Regulation.07B, below,           B. The number of slips,    subdivision in the Critical Area
portions of Intensely          provided that:                 piers, or moorings buoys       according to the following
Developed Areas exempted         (1) These facilities may not permitted at the facility shall be schedule:
from Buffer designation in     offer food, fuel, or other goods the lesser of ï¿½B(1) or (2),
COMAR 14.15.09 and are         and services for sale and shall below:
subject to the requirements set provide adequate and clean
forth in Regulation .03A,      sanitary facilities;              Platted Lots of Dwellings
 above.                           (2) The facilities are             in the Critical Area            Slips arid Moorings
                                community owned and
 .06 Marinas and Other          established and operated for              up to 15                     1 for each lot
Water-Dependent Commercial the benefit of the residents of a
 Maritime Facilities            platted and recorded riparian              16 - 40               15 or 75%, whichever is
   A. 'New or expanded         subdivision;                                                              greater
 marinas and related facilities   (3) The facilities are                  41 - 100               30 or 50%, whichever is
 may be permitted in the Buffer associated with a residential                                            greater
within Intensely Developed     development approved by the              101 - 300               50 or 25%, whichever is
Areas and Limited              local jurisdiction for the Critical                                       greater
 Development Areas subject to Area and consistent with all                over 300               75 or 15%, whichever is
the requirements of Regulation criteria and local regulations                                           greater.
 .03A, above.                   for the Critical Area;
   B. New marinas or related    (4) Disturbance to the
 maritime facilities may not be  Buffer is the minimum
 permitted in the Buffer within   necessary to provide a single  08. Public Beaches and Other  (4) Disturbance to natural
 Resource Conservation Areas, point of access to the facilities;    Public Water-Oriented     vegetation is minimized; and
 except as provided in          and                               Recreation of Education       (5) Areas for passive
 Regulation .08, below.           (5) If community piers,         Areas.                      recreation, such as nature
   C. Expansion of existing   slips, or moorings are provided                                study, and hunting and
 marinas may be permitted by  as part of the new                  A. Public beaches or other trapping, and for education,
 local jurisdictions within     development, private piers in  public water-oriented          may be permitted in the Buffer
 Resource Conservation Areas the development are not           recreation or education areas  within Resource Conservation
 provided that it is sufficiently   allowed.                   including, but not limited to    Areas, if service facilities for
 demonstrated that the            B. The number of slips,    publicly owned boat launching these uses are located outside
 expansion will not adversely   piers, or mooring buoys        and docking facilities and     of the Buffer.
 affect water quality, and that it permitted at the facility shall be fishing piers may be permitted
will result in an overall Inet    the lesser of ï¿½B(1) or (2),  in the Buffer In Intensely    09. Research Areas.
 improvement in water quality  below:'                         Developed Areas.                 Water-dependent research
 at or leaving the site of the    (1) One slip for each 50       B. These facilities may be  facilities or activities operated
 marina.                        feet of shoreline in the       permitted within the Buffer in  by State, federal, or local
   D. New and existing         subdivision in the Intense and  Limited Development Areas    agencies, or educational
 marinas shall meet the         Limited Development Areas   and Resource Conservation   institutions, may be permitted
 sanitary requirements of the   and one slip for each 300 feet Areas provided that:          in the Buffer, if
 State Department of Health    of shoreline in the subdivision    (1) Adequate sanitary       non-water-dependent
 and Mental Hygiene as          in the Resource Conservation facilities exist;                structures or facilities
 required in COMAR 10.17.02. Area; or                            (2) Service facilities are, to associated with these projects
   E. New marinas shall           (2) A density of slips, piers, the extent possible, located    are, to the extent possible,
 establish a means of           or mooring buoys to platted    outside the Buffer;            located outside of the Buffer.
 minimizing the discharge of   lots or dwellings within the      (3) Permeable surfaces are
 bottom wash waters into todal subdivision in the Critical Area used to the extent practicable, .10 Fisheries Activities.
 waters.                        according to the following    if no degradation of              A. Lands and water areas
                                schedule:                     groundwater would result;      with high acquacultufal
                                                                                              potential should be Identified







 by the local jurisdictions in   .03 Criteria.                   .01 Definitions.                and Wildlife Service and other
cooperation with the State.        In developing their Critical    A. "Forests" means           appropriate agencies.
These areas are encouraged   Area Programs, local               biological communities             B. Each Forest
for that use and if so used,    jurisdictions shall use these    dominated by trees and other  Preservation Plan shall consist
should be protected from        criteria:                       woody plants covering a land  of the following:
degradation by other types of    A. Local jurisdictions, with  area of 1 or more acres.            (1) Identification and
land and water use or by        assistance from the State,         B. "Developed woodlands"  mapping, or otherwise
adjacent land and water uses. shall designate and map the   means those areas of 1 acre of designating, forests and
   B. Commercial                following shoreline areas:      more in size which               developed woodland occurring
water-dependent fisheries          (1) Shoreline areas where  predominantly contain trees    within the Critical Area;
facilities including, but not   no significant shore erosion    and natural vegetation and         (2) Identification of those
limited to, structures for crab   occurs,                       which also include residential,  forest areas and developed
shedding, fish off-loading         (2) Other eroding areas      commercial, or industrial       woodlands which include
docks, shellfish culture        where non-structural measures structures and uses.               Habitat Protection Areas in
operations, and shore-based   would be a practical and                                           COMAR  14.15.09; and which
facilities necessary for        effective method of erosion    .02 Policies.                    also may include forest areas
aquaculture operations, and    control,,and                        In developing their Critical  that are periodically flooded
fisheries activities, may be       (3) Eroding areas where   ï¿½ Area Programs, local             within the State wetlands
permitted in the Buffer, in     only structural measures would jurisdictions shall follow these  boundary; and
Intensely Developed, Limited   provide effective and practical policies in regard to forest and    (3) Programs to provide
Development, and Resource   erosion control;                    developed woodland              incentives for the conversion of
Conservation Areas.                B. Local jurisdictions shall  protection:                    other land uses to forested
                                adopt policies to be reflective   A. Maintain and increase   conditions.
                                of shoreline characteristics to  the forested vegetation of the   C. Where forests or
14.15.04 Shore Erosion  accomplish the following                Critical Area;                  developed woodland occur
Protection Works                objectives:                        B. Conserve forests and    within the local jurisdiction's
                                   (1) Provide that structural  developed woodlands and         Critical Area, local policies and
                                control measures only be used provide for expansion of          programs for tree cultural
.01 Definition.                 in areas designated in A(3),   forested areas;                  operations in the Critical Area
   A. "Shore erosion            above, where non-structural        C. Provide that the removal shall include all of the
protection works" means those control measures would be    of trees associated with             following:
structures or measures          impractical or ineffective;     development activities shall be   (1) A Forest Management
constructed or installed to        (2) Provide that where       minimized and, where            Plan shall be required for all
prevent or minimize erosion of structural erosion control is    appropriate, shall be mitigated; timber harvesting occurring
the shoreline in the Critical   required, the measure that      and                             within any 1 year Interval and
Area.                           best provides for conservation    D. Recognize that forests   affecting 1 or more acres in
  B. The criteria below are    of fish and plant habitat, and   are a protective land use and  forest and developed
not intended to apply to those  which is practical and effective should be managed in such a  woodland in the Critical Area.
structures necessarily          shall be used;              *   manner so that maximum          The Plans shall be prepared by
associated with                    (3) Provide that             values for wildlife, water      a registered professional
water-dependent facilities in   non-structural measures be    quality, timber, recreation and  forester and be reviewed and
COMAR 14.15.03.                 utilized in areas of erosion as  other resources can be         approved by the Maryland
        .0      2 Policies.     described in A(2), above;       maintained, recognizing that, in Forest, Park and Wildlife
.02 Policies.                      (4) Provide that structural  some cases,.these uses be    Service through the District
  In developing their Critical   erosion measures not be       mutually exclusive.              Forestry Boards and the
Area Programs, local            encouraged in areas where no                                    project forester, and filed with
jurisdiction shall follow these   significant erosion occurs; and .03 Criteria.                  an appropriate designated
policies in regard to shore        (5) Provide that if significant   In developing their Critical   agency within the local
erosion protection works:       alteration in the characteristics Area Programs, local          jurisdiction. Plans shall Include
  A. Encourage the             of a shoreline occurs, the       jurisdictions shall use the     measures to'protect surface -
protection of rapidly eroding    measure that best fits the     following criteria:             and groundwater quality and
portions of the shoreline in the change may be used for sites    A. Where forests or            identify whether the activities
Critical Area by public and     in that area.                   developed woodlands occur   will disturb or affect Habitat
private landowners;                                             within local jurisdictions, the    Protection Areas as identified
  B. Where such measures                                       local jurisdictions shall develop in COMAR 14.15.09, and
can effectively and practically                                 a Forest Preservation Plan as  incorporate protection
reduce or prevent shore                                         part of their Critical Area     measures for these areas as
erosion, encourage the use of  14.15.05                         Program. These plans are to  specified by the local
nonstructural shore protection Forest and Woodland              be developed in cooperation   jurisdictions. To provide for
measures in order to conserve Protection                        with the Maryland Forest, Park the continuity of habitat, the
and protect plant, fish, and                                                                    plans shall address mitigation
wildlife habitat.







through forest management    these policies when                minimize contamination of          (ii) Development of
techniques which include        addressing agriculture:         surface and groundwater and, measures for encouraging the
scheduling size, timing and        A. Assure that agriculture  further, shall minimize adverse preservation of agricultural
intensity of harvest cuts,      lands are identified and that   effects on plants, fish, and    lands,
afforestation, and              programs are established for  wildlife resources.                  (iii) Provisions for the
reforestation.                  the Critical Area to maintain,     F. Assure that animal        protection of Habitat Protection
   (2) A Sediment Control       where appropriate, agricultural feeding operations, including   Areas within agricultural lands
Plan shall be required for all   lands in agricultural use, to the retention and storage ponds,   as required in COMAR
harvests of 5,000 square feet  greatest extent possible.        feed lot waste storage, and      14.15.09, and
or more of disturbed area in       B. Recognize that            manure storage minimize the        (iv) Provisions requiring
.the Critical Area, including    agriculture is a protective land contamination of water bodies. Forest Management Plans for
harvesting on agricultural      use that should be properly        G. Assure that agricultural  those farms which harvest
lands. This plan shall be       managed so that it minimizes  activity permitted within the    timber to conform with the
developed according to the    its contribution to pollutant     Critical Area use Best,         harvesting practices
State guidelines entitled:      loadings to the Bay and its    Management Practices in          requirements in COMAR
"Standard Erosion and           tributaries.                    accordance with a Soil           14.15.05 and COMAR
Sediment Control Plan for          C. Assure that the creation Conservation and Water           14.15.09.
-Harvest Operations." The       of new agricultural lands is nof Quality Plan approved by the      (3) Within.5 years from the
operations shall be             accomplished:                   local Soil Conservation District. effective date of these criteria,
implemented in accordance          (1) By diking, draining, or                                  all farms within the Critical
with specifications set out by   filling of any class or subclass  .03 Criteria,                Area shall have in place and
the Maryland Forest, Park and of palastrine wetlands, as           A. In developing their       be implementing a currently
Wildlife Service, and enforced  described in COMAR              Critical Area Programs, local   approved Soil Conservation
by the Department of Natural   14.15.09.02, which have a        jurisdictions shall use the     and Water Quality Plan
Resources or the local          seasonally flooded or wetter   following criteria for agriculture: approved by the local Soil
jurisdictions.                  water regime, unless mitigation   (1) Local jurisdictions shall Conservation District.
   (3) The cutting or clearing  as provided for in COMAR        develop an Agricultural          Landowners who have signed
of trees within the 100-foot    14.15.09.02 of these            Protection Plan as part of their up as conservation district
Buffer, as described in         regulations is accomplished;   Critical Area Program if the    cooperators, but who do not
COMAR 14.15.09, shall be in    (2) By clearing of forests or land use exists in the             have a conservation plan
accordance with that Chapter. woodland on soils with a slope jurisdiction. These plans are to developed for them by the
                                greater than 15 percent; or on  be developed in cooperation   District, shall be allowed to
                                soils with a "K" value greater  with the Soil Conservation      continue farming until a
 14.15.06                        than .35 and slope greater      Districts, the County           conservation plan is
Agriculture                     than 5 percent;                 Agricultural Land Preservation developed, provided that the
                                   (3) If the clearing will     Advisory Boards, and other    goals of the Act and policies
                                adversely affect water quality  appropriate agencies.           and all other requirements of
.01 Definitions.                or will destroy plant and wildlife  (2) Each agricultural plan   the Chapter are being met.
   "Agriculture" means all      habitat as defined in COMAR   shall consist of the following:      (4) A landowner shall select
methods of production and       14.15.09 of these regulations;    (a) An identification,        and implement, with the
management of livestock,        or                              inventory, and mapping of       assistance of a technically
crops, vegetation, and soil.       (4) By the clearing of       agricultural lands occurring    trained soil conservation
This includes but is not limited existing natural vegetation    within the Critical Area;       planner or technician, from
to, the related activities of   within the Buffer as defined in    (b) An identification of     among the several Best
tillage, fertilization, pest    COMAR 14.15.09 of these         agricultural lands which include Management Practices that
control, harvesting, and        regulations.                    Habitat Protection              minimize impacts to water
marketing. It also includes, but   D. Assure that the drainage Areas defined in COMAR           quality, conserve fish, wildlife,
is not limited to the activites of of non-tidal wetlands for the    14.15.09;                   and plant habitat, and integrate
feeding, housing, and           purpose of agriculture be done   (c) Programs for               best with the farming
maintaining of animals such as in accordance with a Soil        maintaining the agricultural    operation.
cattle, dairy cows, sheep,      Conservation and Water          lands in agricultural use and      (5) Until such time as a Soil
goats, hogs, horses, and        Quality Plan, approved by the for protecting water quality,    Conservation and Water
poultry and handling their      local Soil Conservation District. and plant and wildlife habitat,  Quality Plan is approved and in
by-products.                       E. Assure that Best          which shall include at a        place, landowners shall be
                                 Management Practices for the minimum:                           encouraged to use the
                                control of nutrients, animal      (i) The incorporation of the following practices:
                                 wastes, pesticides, and         agricultural components of the    (a) Proper nutrient
.02 Policies.                   sediment runoff be used to    State 208 Water Quality Plan  application rates;
   In developing their Critical   protect the productivity of the  into local water quality plans if   (b) Appropriate timing of
Area Programs, local            land base and enhance water  any exist,                         nutrient application; 
jurisdictions shall follow all of  quality. These practices shall







  (c) Appropriate method of  following policies when           development in accordance    14.15.08
nutrient application            addressing surface mining:     with the guidelines for
  (d) Reduced tillage             A. Assure that all available development in COMAR            Natural Parks
practices;                      measures be'taken to protect  14.15.02.
  (e) Crop rotations;           the Critical Area from all        D. Local authorities shall   .01 Definition.
  (f) Cover crop.              sources of pollution from       establish regulations that     A. "Natural parks" means
  (6) Agricultural activities are surface mining operations    designate those portions of the areas of natural habitat that
permitted in the Buffer in      including, but not limited to,   Critical Area that are        provide opportunities for those
accordance with COMAR           sedimentation and siltation,    unsuitable for future sand and  recreational activities that are
14.15.09. Agricultural         chemical and petrochemical   gravel operations and shall    compatible with the
activities shall refer to and use use and spillage, and storage  prohibit those operations     maintenance of natural
COMAR 14.15.09'in               or disposal of wastes, dusts,   therein. Areas are unsuitable  conditions.
implementing this portion of   and spoils;                     where:
this Subtitle.                    B. Assure that mining be        (1) Important natural        .02 Policy.
                               conducted in a way to permit  resources such as threatened    It is the policy of the
                               the reclamation of the site as  and endangered species,        Commission to encourage the
14.15.07                       soon as possible and to the    areas of scientific value, or    creation of opportunities for
Surface Mining in the          extent possible.                rare assemblages of species   interaction between people
                                                               occur as discussed in COMAR and natural environments
Critical Area                   .03 Criteria.                  14.15.09 of these regulations:  without destroying the fragile
                                  In developing their Critical   (2) Areas where highly       components of natural
.01 Definitions.                Area Programs, local           erodible soils exist;           habitats.
  A. "Surface mining" means: jurisdictions shall use all of the   (3) The use of renewable
  (1) The breaking of the      following criteria:             resource lands would result in .03 Criteria.
surface soil in order to extract    A. Local jurisdictions shall  the substantial loss of long    In developing their Critical
or remove minerals in the       develop a mineral resources   range (that is, 25 years or      Area Programs, local
Critical Area;                  plan and program for           more) productivity of forest and jurisdictions shall use all of the
  (2) Any activity or process  management to include in their agriculture, or would result in a following criteria:
constituting all or part.of a   comprehensive or master plan, degrading of water quality or a    A. Local jurisdictions shall
process for the extraction or   if these resources exist in the  loss of vital habitat; or     identify areas within their
removal of minerals from their jurisdiction.                      (4) The lands are within 100 Critical Area where natural
original location in the Critical    B. The plans and programs feet of the Mean High Water   parks could be established,
Area; and                       are to be developed in         Line of tidal waters or the edge and consider conserving these
  (3) The extraction of sand,  conjunction with the Water      of streams.                    features through acquisitions,
gravel, rock, stone, earth, or fill Resources Administration of   E. Future wash plants        easements, designation, or
from borrow pits for highway   the Department of Natural       including ponds, spoil piles,    other appropriate means.
construction purposes or other Resources and other             and equipment may not be        Parks should not be chosen to
public facilities.              appropriate agencies.          located within the Buffer as    preserve only natural
  B. For the purposes of this    C. Each plan and program  defined in COMAR 14.15.09.  curiosities, but they should be
chapter, surface mining also   shall consist of all of the        F. Existing wash ponds       planned to include examples of
means:                          following:                     shall be reclaimed as soon as  coastal ecosystems that are
  (1) Operations engaged in    (1) An identification and    possible after the cessation of found within the jurisdiction,
processing minerals at the site mapping of the undeveloped   a sand and gravel operation.   each with its geological and
of extraction;                  land in the Critical Area that    G. To the fullest extent     biological resources intact.
  (2) Removal of overburden should be kept in its              possible, existing sand and    Park boundaries should be
and mining of limited amounts  undeveloped state until the    gravel operations shall conduct based on biological necessity
of any mineral when done for  land can be used to provide or their extraction activities so as rather than administrative
the purpose of prospecting and assist in providing a           to provide, at a minimum, a    convenience.
to the extent necessary to      continuous supply of minerals  100-foot buffer of natural         B. Any plans developed for
determine the location,         pursuant to Article 66B,       vegetation between the          the use of parks should
quantity, or quality of any     ï¿½3.05(a)(1)(v), Annotated code operation of the Mean High    recognize that all natural
natural deposit; and            of Maryland, as amended.       Water Line of tidal waters or   terrain has a finite capacity to
  (3) Mining operations, if the Surface mining areas which    the edges of streams, and tidal tolerate human disturbances
affected land exceeds 1 acre  include Habitat Protection       wetlands, whichever is further and, therefore, should give
or more in area.                Areas under COMAR 14.15.09 inland.                             utmost attention to limiting the
                                shall also be identified.                                      number of park visitors in any
.02 Policies.                     (2) An identification of                                     park at any one time or in the
   In developing their Critical   appropriate post-excavation                                  course of a season.
Area Programs, local            uses for this land such as
jurisdictions shall use the     recreation, habitat restoration,
                                open space use, or








14.1t5.09                      necessarily associated. with    requirement for the                (ii) That the area disturbed
                                water-dependent facilities, as  implementation of a grassland or cut shall be replanted, or
Habitat Protection Areas set forth in COMAR 14.15.03.  and manure management                   allowed to regenerate in a
In The Critical Area              (3) The Buffer shall be      program, where appropriate,   manner that assures the
                                maintained in natural          and that the feeding or         availability of cover and
.01 Buffer.                    vegetation, but may include    watering of livestock, may not  breeding sites for wildlife, and
   A. Definition. "Buffer"      planted vegetation where        be permitted within 50 feet of  reestablishes the wildlife
means an existing, naturally   necessary to protect, stabilize, the Mean High Water Line of  corridor function of the Buffer;
vegetated area, or an area      or enhance the shoreline.      tidal water and tributary       and
established in vegetation and     (4) Agricultural activities are streams, or from the edge of    (iii) That the cutting does not
managed to protect aquatic,   permitted in the Buffer, if, as a tidal wetlands, whichever is   involve the creation of logging
wetlands, shoreline, and        minimum Best Management   further inland;                      roads and skid trails within the
terrestrial environments from   Practice, as 25-foot vegetated    (e) Clearing of existing     Buffer.
man-made disturbances.         filter strip measured landward  natural vegetation in the Buffer   (b) Commercial harvesting
   B. Policies. In developing  from the Mean High Water         is not allowed; and            of trees, by any method, may
their Critical Area Programs,   Line of tidal waters or tributary   (f) Farming activities     be permitted to the edge of
local jurisdictions shall use the streams (excluding drainage   including the grazing of       intermittent streams provided
-following policies with regard to ditches), or from the edge of   livestock, do not disturb stream that the cutting. is conducted
the Buffer:                     tidal wetlands, whichever is   banks, tidal shorelines or other pursuant to the requirements
   (1) Provide for the removal further inland, is established,   Habitat Protection Areas as    of ï¿½C(5)(n) above.
or reduction of sediments,      and further provided that:     described in this Chapter.         (c) Cutting of trees or
nutrients, and potentially        (a) The filter strip shall be    (5) The Buffer shall be     removal of natural vegetation
harmful or toxic substances in composed of either trees with  managed to achieve or            may be permitted where
runoff entering the Bay and its a dense ground cover, or a    enhance the functions stated   necessary to provide access to
tributaries;                    thick sod of grass, and shall be in Sections B(1) through (5)   private piers, or to install or
   (2) Minimize the adverse   so managed as to provide          above. Cutting or clearing of  construct a shore erosion
effects of human activities on  water quality benefits and     trees within the Buffer shall be protection device or measure,
wetlands, shorelines, stream   habitat protection consistent   prohibited except that:         or a water-dependent facility,
banks, tidal waters, and        with the policies stated in B,    (a) Commercial harvesting  providing the device, measure,
aquatic resources;              above. Noxious weeds,          of trees by selection or by the  or facility has received all
   (3) Maintain an area of      including Johnson grass,        clearcutting of Loblolly Pine    necessary State and federal
transitional habitat between    Canada thistle, and multiflora  and Tulip Poplar may be        permits.
aquatic and upland              rose, which occur in the filter  permitted to within 50 feet of   (d) Individual trees may be
communities;                    strip, may be controlled by    the landward edge of the Mean cut for personal use providing
   (4) Maintain the natural     authorized means;               High Water Line of tidal waters this cutting does not impair the
environment of streams; and       (b) The filter strip shall be   and perennial tributary      water quality or existing habitat
   (5) Protect riparian wildlife  expanded by a distance of 4   streams, or the edge of tidal   value or other functions of the
 habitat.                        feet for every 1 percent of    wetlands, provided that this    Buffer as set forth in the
   C. Criteria. In developing   slope, for slopes greater than 6 cutting does not occur in the   policies of this Chapter, and
their Critical Area Programs,   percent;                        Habitat Protection Areas       provided that the trees are
 local jurisdictions shall use all    (c) The 25-foot vegetated   described in COMAR            replaced on an equal basis for
 of the following criteria:      filter strip shall be maintained  14.15.09.02, .03, .04, and .05  each tree cut.
   (1) Local jurisdictions shall  until such time as the        and that the cutting is           (e) Individual trees may be
 establish a minimum 100-foot  landowner is implementing,    conducted pursuant to the          removed which are in danger
 Buffer landward from the Mean under an approved Soil            requirements of COMAR          of falling and causing damage
 High Water Line of tidal        Conservation and Water          14.15.05 and in conformance  to dwellings or other
 waters, tributary streams, and  Quality Plan, a program of     with a buffer management plan structures, or which are in
 tidal wetlands. The Buffer is  Best Management Practices   prepared by a registered,           danger of falling and therefore
 not required for agricultural    for the specific purposes of    professional forester and     causing the blockage of
 drainage ditches if the adjacent improving water quality and    approved by the Maryland       streams, or resulting in
 agricultural land has in place   protecting plant and wildlife    Forest, Park and Wildlife    accelerated shore erosion.
 Best Management Practices   habitat; and provided that the  Service. The plan shall be            (f) Horticultural practices
 as required in COMAR            portion of the Soil            required for all commercial     may be used to maintain the
 14.15.06.                       Conservation and Water         harvests within the Buffer,     health of individual trees.
    (2) New development          Quality Plan being              regardless of the size of the     (g) Other cutting techniques
 activities, including structures, implemented achieves the     area to be cut, and shall       may be undertaken within the
 roads, parking areas and other water quality and habitat       contain the following minimum Buffer and under the advice
 impervious surfaces, mining   protection objectives of the    requirements:                    and guidance of the
 and related facilities, or septic 25-foot vegetated filter strip;  (i) That disturbance to     Departments of Agriculture
 systems, may not be permitted   (d) The Best Management  stream banks and shorelines  and Natural Resources, if
 in the Buffer, except for those  Practices shall include a     shall be avoided;               necessary to preserve the







  forest from extensive pest or  Title 9 of Natural Resources   Wetlands and Deepwater          water into and from the
  disease infestation or threat   Article, Annotated Code of    Habitats of the United States"  wetland and not cause
  from fire.                     Maryland, where the water    (Publication FWS/OBS-79/31,  impairment of the water quality
    (6) Where agricultural use  table is usually at or near the  December 1979, Fish and       or the plant and wildlife.and
  of lands within the area of the  surface, or lands where the    Wildlife Service, U. S.       habitat value of the wetland.
  Buffer ceases and the lands   soil or substrate is covered by Department of the Interior) and   (iii) Provide for the
  are proposed to be converted  shallow water at some time    as identified on the National   preparation of a mitigation plan
 to other uses, the Buffer shall  during the growing season,    Wetlands Inventory Maps;       by the proposer of activities or
  be established. In establishing and which are usually            (ii) Non-tidal wetlands, not  operations which, as a result of
' the Buffer, management         characterized by one or both of mapped on the National         their being water-dependent or
 measures shall be. undertaken the following:                  Wetlands Inventory, which       of substantial economic
 to provide forest vegetation      (a) At least periodically, the may be found by site survey or benefit, will cause unavoidable
 that assures the Buffer        lands support predominantly   other means at the time of       and necessary impacts to the
 functions set forth in the     hydrophytic vegetation;         application for a development  wetlands. These activities
 policies of this Chapter.         (b) The substrate is        activity to be hydrologically    include, but are not limited to,
    (7) Local jurisdictions shall predominantly undrained       connected, through surface or development activities, tree'
 expand the Buffer beyond 100 hydric soils.                    subsurface flow, to streams,   cutting operations, and those
 feet to include contiguous,       (2) Excluded from these    tidal wetlands, or tidal waters;  agricultural operations
 sensitive areas, such as steep regulations are existing farm   or are determined to be of     permitted under COMAR
 slopes, hydric soils, or highly  ponds and other existing     special importance to fish,     14.15.06.02C and D for which
 erodible soils, whose          man-made-bodies of water    wildlife, or plant habitat by the mitigation is required. The
 development or disturbance   whose purpose is to impound  Maryland Natural Heritage           plan shall specifty mitigation
 may impact streams, wetlands, water for agriculture, water    Program, the Coastal            measures that will provide
 or other aquatic environments. supply, recreation, or          Resources Division and the    water quality benefits and plant
 In the case of contiguous      waterfowl habitat purposes.    Maryland Forest, Park and       and wildlife habitat equivalent
 slopes of 15 percent or           B. Policy. In developing    Wildlife Service of the         to the wetland destroyed or
 greater, the Buffer shall be   their Critical Area Programs,   Department of Natural          altered and shall be*
 expanded 4 feet for every I    local jurisdictions shall protect Resources, the local         accomplished, to the extent
 percent of slope, or to the top  those non-tidal wetlands in the jurisdiction, or other       possible, onsite or near the
 of the slope, whichever is     Critical Area of Importance to  appropriate agencies.          affected wetland.
 greater in extent.             plant, fish, and wildlife, and    (b) Local jurisdictions shall    (iv) For all non-agricultural
    (8) As part of the local     water quality.                 develop policies and programs activities, local jurisdictions
 Critical Area Program to be       C. Criteria.                for protecting the non-tidal    shall seek comments on
 submitted to the Commission,    (1) In developing their       wetlands identified in this     mitigation plans from the
 local jurisdictions may request Critical Area Programs, local  Regulation. At a minimum,    Department of Natural
 an exemption of certain        jurisdictions shall develop a    these policies and programs   Resources, and where
 portions of the Critical Area    non-tidal wetlands protection  shall accomplish all of the   appropriate, State departments
 from the Buffer requirements   program as an element of their following objectives:           including Health and Mental
 where it can be sufficiently    Critical Area Program.           (i) Maintain at least a      Hygiene and Agriculture, the
 demonstrated that the existing   (2) These programs should 25-foot buffer around identified local Soil Conservation
 pattern of residential,        be developed using the          non-tidal wetlands where       Districts and the U. S. Fish and
 industrial, commercial, or     expertise of the Coastal       development activities or other Wildlife Service. Upon finding
 recreational development in   Resources Division and the    activities which may disturb the that the plan as proposed, or
 the Critical Area prevents the  Maryland Natural Heritage      wetlands or the wildlife       as may be modified to address
 Buffer from fulfilling the     Program of the Department of contained therein, shall be       the comments of these
ï¿½ functions stated in ï¿½B, above.  Natural.Resources, the U. S.  prohibited unless it can be    agencies, provides mitigation
 If an exemption is requested,  Fish and Wildlife Service, and  shown that these activities will sufficient to accomplish the
 local jurisdictions shall propose other appropriate agencies and not adversely affect the     objectives of this Section, then
 other measures for achieving  organizations.                  wetland. This requirement is  local jurisdictions shall provide
 the water quality and habitat     (3) Each Program shall       not intended to restrict the   that the proposer shall
 protection objectives of the    consist of the following:     grazing of livestock in these    implement the plan.
 policies. These measures may   (a) Local programs shall   wetlands.                             (v) For agricultural
 include, but are not limited to,  identify non-tio,.. wetlands   (ii) Protect the hydrologic   operations, the local Soil
 public education and urban    within the jurisdiction including: regime and water quality of    Conservation District shall,
 forestry programs.               (i) Non-tidal wetlands of 1  identified non-tidal wetlands by with the assistance of the
                                 acre or larger classified as   providing that development    Department of Natural
 .02 Non-Tidal Wetlands.        Palustine Aquatic Bed,         activities or other land        Resources, determine whether
    A. Definition.(1) "Non-tidal Palustrine Emergent,           disturbances in the drainage   the plan provides mitigation
 wetlands" means those lands  Palustrine Forested and          area of the wetlands will       sufficient to accomplish the
 in the Critical Area, excluding  Palustrine Scrub-shrub as    minimize alterations to the     objectives of this Regulation.
 tidal wetlands regulated under defined in "Classification of    surface or subsurface flow of  Agricultural drainag6







operations conducted pursuant as such by regulation by the       (2) These programs shall   adopted within 12 months of
to Agriculture Article, ï¿½8-603,  Secretary of the Department of consist of one or both of the   the date of the Secretary's
Annotated Code of Maryland,  Natural Resources which          following elements:             designation.
shall provide mitigation       appear likely, within the         (a) Designation of a
consistent with any regulation  forseable future, to become    protection area around each of .04 Plant and Wildlife Habitat.
developed pursuant to that    endangered, including any       the habitats occurring in the     A. Definition.
Section.                       species of wildlife or plant   jurisdiction within which         (1) "Plant habitat" means a
   (4) The determination of the determined to be a             development activities and     community of plants commonly
existence and extent of        "threatened" species pursuant other disturbances shall be    identifiable by the composition
non-tidal wetlands and the     to the federal Endangered      prohibited unless it can be     of its vegetation and its
protection of these areas shall Species Act, 16 U.S.C. ï¿½1531  shown that these activities or  physiographic characteristics
result from a cooperative effort et seq:, as amended.         disturbances will not have or   as described below in C.
between the local jurisdiction    (3) "Endangered species"   cause adverse impacts on           (2) "Wildlife habitat" means
and public agencies or private means any species of fish,    these habitats;                  those plant communities and
organizations, but no          wildlife, or plants which have    (b) Development of           physiographic features that
designation of habitat and     been designated as such by   programs for providing            provide food, water and cover,
protective measures shall be   regulation by the Secretary of protection for the habitats of   nesting, and foraging or
accomplished unless the        the Department of Natural      species in need of              feeding conditions necessary
affected public is given an    Resources. Designation         conservation and endangered, to maintain populations of
adequate opportunity to be    occurs when the continued    and threatened species which  animals in the Critical Area as
heard at the local level. A    existence of these species as  may include, but are not        described below in C.
local jurisdiction's public    viable components of the       limited to, acquisition,          B. Policies. In developing
hearing on its proposed Critical State's resources are        conservation easements,         their Critical Area Programs,
Area Program may be used to determined to be in jeopardy.  cooperative agreements with  local jurisdictions shall use the
satisfy this requirement, if full  This includes any species  landowners, special provisions following policies with regard to
notice of the proposed habitat determined to be an            in forest management and soil plant and wildlife habitat:
management program is          "endangered" species           conservation, plans, and          (1) Conserve wildlife habitat
included in the general notice  pursuant to the federal       special provisions in           in the Critical Area;
of the hearing. If additional    Endangered Species Act, cited subdivision or zoning            (2) Protect those wildlife
non-tidal wetlands are         above.                          regulations.                   habitats that tend to be least
identified for protection in the  B. Policy. In developing       (3) The determination of the abundant or which may
future, additional local public  their Critical Area Programs,   existence and extent of these  become so in the future if
hearings shall be held, as     local jurisdictions shall provide habitats and protection areas  current land-use trends
appropriate, to consider       protection for those species in shall result from a cooperative continue;
comments on the protection   need of conservation and         effort between the local          (3) Protect those wildlife
measures proposed for these  threatened and endangered    jurisdiction and the public         habitat types which are
wetlands.                      species, and their habitats     agencies or private            required to support the
                               which occur in the Critical    organizations noted above, but continued presence of various
.03 Threatened, and            Area.                          no designation of habitat and   species;
Endangered Species and            C. Criteria. In developing   protective measures shall be     (4) Protect those wildlife
Species in Need of             their Critical Area Programs,   accomplished unless the        habitat types and plant
Conservation                   local jurisdictions shall use all affected public is given an  communities which are
A. Definition.                 of the following criteria with    adequate opportunity to be    determined by local
  (1) "Species in need of      regard to species in need of   heard at the local level. A    jurisdictions to be of local
conservation" means those    conservation, threatened, or   local jurisdiction's public       significance; and
fish and wildlife whose        endangered species:             hearing on its proposed Critical  (5) Protect Natural Heritage
continued existence as a part    (1) Local jurisdictions shall Area Program may be used to Areas.
of the State's resources are in develop programs for the       satisfy this requirement, if full    C. Criteria. In developing
question and which maX be    protection of the habitats of    notice of the proposed habitat their Critical Area Programs,
designated by regulation by    species in need of              management program is          the local jurisdictions shall use
the Secretary of the           conservation and threatened   included in the general notice  all of the following criteria:
Department of Natural          and endangered species.        of the hearing. If the Secretary   (1) The local jurisdictions
Resources as in need of        These programs should be    of Natural Resources               shall develop a plant and
conservation pursuant to the   developed using the expertise designates additional species  wildlife habitat protection
requirements of Natural        of the Maryland Natural        by regulation in the future,    program as an element of their
Resources Articles,            Heritage Program, the          additional local public hearings, Critical Area Program. These
ï¿½ï¿½10-2A-03 and 4-2A-03,        Maryland Forest, Park and       as appropriate, shall be held to programs are to be developed
Annotated Code of Maryland.  Wildlife Service, and other       consider comments on the       using the expertise of the
  (2) "Threatened species"   appropriate public agencies    protection measures proposed Maryland Forest, Part and
means any species of fish,    and private organizations.      for these species. The          Wildlife Service; the Tidewater
wildlife, or plants designated                                 protection measures shall be  Administration; the Maryland







Natural Heritage Program; the   (ii) Provide that new         jurisdictions. Examples of      designated by the Tidewater
U. S. Fish and Wildlife Service; water-dependent facilities are  these areas are those whose  Administration. For purposes
other appropriate agencies;    so located as to prevent       habitat values may not be of   of this Regulation "streams"
and adjacent jurisdictions.    disturbance to sites of        Statewide significance, but are refers to designated
   (2) Each Plant and Wildlife significance to wildlife such as of importance locally or      anadromous fish propagation
Habitat Protection Program    historic, aquatic staging and   regionally because they         waters within the Critical Area.
shall consist of the following:   concentration areas for     contain species uncommon or    B. Policies. In developing
   (a) Identification of the   waterfowl;                      of limited occurrence in the    their Critical Area Programs,
following plant and wildlife     (iii) Provide protection     jurisdiction, or because the    local jurisdictions shall use the
habitats in the Critical Area:    measures including a buffer   species are found in unusually following policies with regard to
 - (i) Colonial water bird     area where appropriate, for    high concentrations.            anadromous fish:
nesting sites;                 other plant and wildlife habitat   (vii) Protect Natural         (1) Protect the instream ï¿½
   (ii) Historic water fowl    sites identified in ï¿½C(2)(a)(v) of Heritage Areas from alteration and streambank habitat of
staging and concentration      this Section.                  due to development activities  anadromous fish propagation
areas in tidal waters, tributary    (iv) Protect and conserve   or cutting or clearing so that   waters;
streams, or tidal and non-tidal those forested areas required  the structure and species         (2) Promote land use
wetlands;                      to support wildlife species    composition of the areas are   policies and practices in the
   (iii) Existing riparian forests identified above in ï¿½C(2)(a)(iii) maintained.              watershed of spawning
(for example, those relatively  and (iv), by developing         *(c) The determination of the streams within the Critical Area
mature forests of at least 300  management programs which  existence and extent of these  which will minimize the
feet in width which occur      have as their objective,       plant and wildlife habitats, and adverse impacts of
adjacent to streams, wetlands, conserving the wildlife that    the development of appropriate development on the water
or the Bay shoreline and which inhabit or use the areas. The  protection measures for these quality of the streams; and
are documented breeding        programs should assure that  areas, shall result from a          (3) Provide for the
areas);                        development activities, or the  cooperative effort between the unobstructed movement of
   (iv) Forest areas utilized as clearing or cutting of trees  local jurisdiction and the public spawning and larval forms of
breeding areas by forest       which might occur in the areas, agencies or private            anadromous fish in streams.
interior dwelling birds and    is conducted so as to conserve organizations noted above.        C. Criteria.
other wildlife species (for    riparian habitat, forest interior  Designation of habitat and    (1) In developing their
example, relatively mature     wildlife species, and their    protective measures may not  Critical Area Programs, local
forested areas within the      habitat. Management            be accomplished unless the   jurisdictions shall use all of the
Critical Area of 100 acres or   measures may include          affected public is given an     following criteria:
more, or forest connected with incorporating appropriate      adequate opportunity to be        (a) The installation or
such areas);                   wildlife protection elements    heard. A local jurisdiction's    introduction of concrete riprap
   (v) Other areas which may  into forest management plans, public hearing on its proposed or other artificial surfaces onto
in the future be identified by   and cluster zoning or other site Critical Area Program may be  the bottom of natural streams
State and Federal agencies as design criteria which provicde  used to satisfy this            shall be prohibited unless it
important plant or wildlife    for the conservation of wildlife requirement, if full notice of the can be demonstrated that
habitat areas;                 habitat. Measures may also   proposed habitat management water quality and fisheries
   (vi) Other plant and wildlife be included in soil           program is included in the     habitat can be improved.
habitats determined to be of   conservation plans which have general notice of the hearing.    (b) Channelization or other
local significance; and        wildlife habitat protection    If additional plant and wildlife  physical alterations which may
   (vii) Natural Heritage Areas provisions appropriate to the   habitat areas are designated in change the course or
which have been designated.  areas defined above, and         the future, local public        circulation of a stream and
  * (b) Establishment of       incentive programs containing hearings, as appropriate, shall thereby interfere with the
programs for conserving or    the acquisition of easements   be held to consider comments  movement of fish, shall be
protecting the plant and wildlife and other similar techniques.   on the areas and protection    prohibited.
habitat areas identified above.    (v) Require to the extent    measures proposed.              (c) Local jurisdictions shall
These programs, and the        practical, that when                                           develop Ilolicies and programs,
protection measures            development activities, or the  .05 Anadromous Fish            for avoiding adverse impacts
suggested below,               cutting or clearing of trees,    Propagation Waters.           of any activities occurring on
   (i) Establish buffer areas for occurs in forested areas,      A. Definition. "Anadromous those portions of any
colonial water bird (heron,    corridors of existing forest or  fish propagation waters"      watershed within the Critical
egret, tern, and glossy ibis)    woodland vegetation be       means those streams that are Area which drain into
nesting sites so that these    maintained to provide effective tributary to the Chesapeake    anadromous fish spawning
sites are protected from the    connections between wildlife   Bay where spawning of          streams. These policies and
adverse impacts of             habitat areas.                 anadromous species of fish    programs shall address at
development activities and        (vi) Protect by appropriate  (e.g., rockfish, yellow perch,   least the following objectives:
from disturbance during the    means those plant and wildlife white perch, shad, and river      (i) Minimize development
breeding season.               habitats considered to be of   herring) occurs or has          activities or other land
                                significance by local          occurred. The streams are    disturbances in the watershed;








  (ii) Maintain, or if         Area. The inventory shall         E. The local program         adjoining the jurisdiction's
practicable, improve water     include the following resources document shall, if applicable,  Critical Area.
quality in streams;             (as defined in the appropriate  include, but not be limited to:   J. Local jurisdictions are
  (iii) Minimize, to the extent  foregoing chapters of this      (1) A forest and woodland  encouraged to apply protection
possible, the discharge of     Subtitle concerning specific    protection program;             measures similar to those
sediments into streams; and   criteria):                          (2) A mineral resources      contained in their Critical Area
  (iv) Maintain, or if           (1) Agricultural lands;       plan;                          Program to land disturbances
practicable, increase the         (2) Non-tidal wetlands;         (3) An agricultural          beyond the Critical Area
natural vegetation of the         (3) Tidal wetlands;          protection plan;                boundary in an effort to protect
watershed.                        (4) Forest resources;           (4) A habitat protection     or enhance water quality and
  (d) Local jurisdictions are    (5) Sand and gravel           area plan; and                 to conserve plant and animal
encouraged to adopt land-use resources;                           (5) A water-dependent        habitats of the Critical Area.
policies and programs in          (6) Tributary streams;       facilities planning process for    K. Local jurisdictions are
watersheds outside the Critical   (7) Known threatened and  identifying suitable areas.        encouraged to establish a
Area to minimize the impacts  endangered species habitats;    F. Jurisdictions shall review program that provides tax
of any activities on            as well as the habitats of     and revise local plans,         benefits to landowners who
anadromous fish spawning        species in need of             programs, and regulations that wish to donate conservation
streams.   '                    conservation;                  are inconsistent with the intent easements and consider other
   (2) In developing their        (8) The watersheds of        of the policies and criteria in   financial incentives as provided
Critical Area Programs, local  anadromous fish spawning        this Subtitle. At a minimum,   for in Maryland State law, and
jurisdictions shall use all of the streams;                    and if applicable, the review    are encouraged to identify
following complementary State   (9) Plant and wildlife         and revisions shall include:    other appropriate protection
laws and regulations:           habitats;                         (1) Comprehensive or         measures which may include:
   (a) The construction or        (10) Steep slopes;            master plans;                  acceptance of donations,
placement of dams or other        (11) Soils with development   (2) Comprehensive water   acquisition of easements, or
structures that would interfere constraints; and               and sewer plans;                fee simple purchase. Funding
with or prevent the movement    (12) Intensely Developed,         (3) Comprehensive solid    mechanisms for this protection
of spawning fish or larval forms Limited Development, and      waste plans and any other       may include, but not be limited
in streams shall be prohibited. Resource Conservation Areas healthlenvironment-related    to, federal and State programs,
If practical, the removal of    as defined in COMAR            plans and ordinances, for       local bonding authority, or
existing barriers shall be      14.15.02.                      example, regulation for septic  donations from private
effected (COMAR                   B. Any such mapping shall system placement;                  organizations.
08.05.03.02).                   be at a scale that is relevant to   (4) Capital improvements      L. Local jurisdictions are
   (b) Local jurisdictions shall  local jurisdictions and of    programs and capital budgets; encouraged to establish an
assure that the construction,   sufficient detail to assess the   (5) Zoning ordinances and  education program as a means
repair, or maintenance          potential impacts of proposed  comprehensive zoning maps;  by which landowners in the
activities associated with      land-use changes on the           (6) Subdivision regulations; Crical Area may be informed of
bridges, or other stream        quality and quantity of local    and                           the intent of the law, the status
crossings or with utilities and   water resources and on local    (7) Growth management    of the local program, and
roads, which involve            wildlife and plant habitats.,  ordinances.                     sources of additional
disturbance within the Buffer or   C. Each program                G. The local program         information and assistance.
which occur ir)stream, as       submission shall list the      document shall include a           M. Controls in a local
described in COMAR              specific local program         statement of the local agencies program, beyond those
.08.05.03.09B(4), shall be      objectives and an expected    involved, their responsibilities  required by other State
prohibited between March 1   time schedule for                 and their coordination with     programs or statutes,
and June 15.                    implementation.                each other and appropriate    designated to prevent the
                                   D. Local permitting and      State, federal, or private     runoff of pollutants, need not
                                approval processes shall be   organizations.                   be required on sites where the
 14.15.10 Directives for   coordinated so that cumulative   H. Local jurisdictions shall  topography prevents runoff
                                impacts of regulated activities  demonstrate that the local    from either directly or indirectly
 Local Program                   can be readily assessed.       regulations and programs        entering the tidal waters.
 Development                     Local jurisdictions shall      proposed to meet the criteria in  N. The establishment of
                                maintain records of the area of this regulation are enforceable. buffer areas around sites of
 .01 Criteria.                   land that converts from           I. Each jurisdiction shall    special significance (that is,
   In developing their Critical   Resource Conservation Area  attempt to establish             Habitat Protection Areas) is
 Area Programs, local            to Intensely Developed or      cooperative arrangements with not intended to restrict or
 jurisdictions shall use the     Limited Development Areas    adjacent jurisdictions and with affect, beyond any existing
 following general program       and that converts from Limited State and federal agencies      local, State, or federal laws, or
 criteria;                       Development to Intensely       concerning the policies and    regulations or on private land,
   A. Each jurisdiction shall   Developed Areas.                objectives for lands within and any private restrictions, such
 inventory or map or both,                                                                      activities as non-commercial
 certain resources of its Critical






passive recreation (for        spirit and intent of this Chapter with a copy provided to the
example, hiking and nature    and all local Critical Area      Commission.
photography), educational       Program elements. The             B. Local jurisdictions may
pursuits, scientific observation, variance provisions shall, at a  establish additional, more
or hunting trapping, or fishing. minimum, provide for the      restrictive standards for the
  O. The program shall         following:                      granting of variances
require that all project          (1) That findings are made  consistent with the intent and
approvals shall be based on   by the local jurisdiction which  purposes of this Subtitle and
findings that projects are      demonstrate that special       the approved local Critical
consistent with the following   conditions or circumstances    Area Program, and further
goals of the Critical Area law;  exist that are peculiar to the   shall establish notification
   (1) Minimize adverse         land or structure within the    procedures to permit
impacts on water quality that  jurisdiction involved and that a Commission review of findings
result from pollutants that are  literal enforcement of        made in the granting of
discharged from structures or  provisions within the           variances.
conveyances or that have run jurisdiction's Critical Area         C. Appeals from decisions ï¿½
off from surrounding lands;    Program would result in         concerning the granting or
   (2) Conserve fish, wildlife,  unwarranted hardship;         denial of a variance under
and plant habitat; and            (2) That a literal           these regulations shall be
  (3) Establish land use       interpretation of this Subtitle or taken in accordance with all
policies for development in the the local Critical Area Program applicable laws and
Chesapeake Bay Critical Area and related ordinances will    procedures of each local
which accommodate growth   deprive the applicant of rights jurisdiction for variances.
and also address the fact that, commonly enjoyed by other    Variance decisions by local
even if pollution is controlled,  properties in similar areas  Boards of Appeal or the local
the number, movement, and   within the Critical Area of the  legislative body may be
activities of persons in that    local jurisdiction;           appealed to the Circuit Court in
area can create adverse           (3) That the granting of a   accordance with the Maryland
environmental impacts.          variance will not confer upon   Rules of Procedure. Appeals
   P. Counties and              an applicant any special        may be taken by any person,
municipalities within their     privilege that would be denied  firm, corporation, or
political boundaries are        by this Subtitle or the local  governmental agency
encouraged to develop their   Critical Area Program to other aggrieved or adversely
Critical Area Protection        lands or structures within the  affected by any decision made
Programs cooperatively so that jurisdiction's Critical Area;   under this Section, and the
programs can be developed         (4) That the variance        Chairman may appeal an
more efficiently and so that    request is not based upon      action or decision even if the
common land use objectives  ,conditions or circumstances    Chairman was not a part to or
can be realized.                which are the result of actions is not specifically aggrieved by
                                by the applicant, nor does the the action or decision.
                                request arise from any
14.15.11 Variances             condition relating to land or
                                building use, either permitted
                                or non-conforming, on any
.01 Local Programs              neighboring property;            Solomon Liss, Chariman
   A. In the preparation of        (5) That the granting of a
local programs,ï¿½ local
local programs, local          mvariance will not adversely
jurisdictions shall make affect water quality or
provision for the granting ofafetwerqliyo
provision for the granting of    adversely impact fish, wildlife,
variances to these criteria or plant habitat within the
        where, wing tospecialor plant habitat within the
wheare, ofwing to special       jurisdiction's Critical Area, and
features of a site or other that the granting of the
                                that the granting of the
circumstances, local            variance will be in harmony
government implementation of with the general spirit and
this Subtitle or a literal
this Subtitle or a literal      intent of the Critical Area law
      enforcement f provisions and the regulations adopted in
within the jurisdiction's Critical this Subtitle; and
Area Program would result in    (6) That applications for a
unwarranted hardship to an    variance will be made in writing.
applicant. These variance       to the local approving authority
 provisions shall be designed in
 a manner consistent with the








                        AGREEMENT FOR THE
                  CHERRY CREEK BASIN AUTHORITY

    THIS AGREEMENT entered into as of this                day of
           Bll  ' , 1985 by and among the following:

    1. Arapahoe County;

     2. Douglas County;

     3. The Town of Castle Rock;

     4. The Town of Parker;

     5. Greenwood Village;

     6. The City of Aurora;

     7.  The Arapahoe Water and Sanitation District;

     8.  Cottonwood  S-& ...                                  .---  - f/

     9.  Denver Southeast Suburban Water and Sanitation District;

     10. Inverness Water and Sanitation District;

     11. Meridian Metropolitan District;

     12. Parker Water and Sanitation District; and

     13. Stonegate Center Metropolitan District.

     WHEREAS, the parties to this Agreement have the authority
pursuant to Article XIV, Section 18 of the Colorado Constitution
and Section 29-1-201, et seq., Colorado Revised Statutes, to
enter into intergovernmental agreements for the purpose of
providing any service or performing any function which they can
perform individually;

     WHEREAS, the parties deem it necessary and advisable to
enter into this Agreement in order to set forth their goals and
objectives in implementing the Cherry Creek Basin Water Quality
Management Master Plan (hereinafter referred to as the Plan)
heretofore adopted by the Water Quality Control Commission of the
State of Colorado;

     WHEREAS, the parties, by their execution and adoption of
this Agreement, wish clearly to memorialize their acceptance of
the basic goals and objectives of said plan, which goals and
objectives are promulgated for the general health and safety of
all persons living, and utilizing water and property, within the
Cherry Creek Basin, while recognizing the inherent governmental
limitations incumbent upon each such party;






  - WHEREAS, the parties wish to establish herein an agenda for
the implementation of the goal1s And objectives of the plan by the
creation of alternative mechanisms by which the separate
governmental entities signatory-hereto may lawfully and prudently
plan and budget monies for the funding of structures and programs
for the control of phosphorus discharge into the Cherry Creek
Basin;

     NOW, THEREFORE, the parties hereby mutually agree as
follows:

     1. Cherry Creek Basin Authority. There is hereby,
established a Cherry Creek Basin Authority consisting of one
voting member from each entity signatory hereto.

     2. Voting. There is hereby created three categories of
votes, representing the three types of governmental entities
signatory hereto. In order for future phosphorus allocations,-
site plan approvals for site plans filed after the effective date
of this agreement, discharge permits, plan amendments and budget
and funding decisions to be approved, modified, or adopted, the
same shall require that the following combinations be attained:
(1) at least one affirmative vote from those counties signatory
hereto, (2) at least one-half of those cities and towns signatory
hereto, and (3) at least one-half of the special districts
signatory hereto. All other decisions shall be made and decided
by majority vote of all entities present and voting.

     B. Purpose of Acreement. The parties hereby agree that, in
order to provide for a coordinated approach to the protection of
the water Quality of the Cherry Creek Basin, the following
purposes must be accomplished:

         a. Parties signatory hereto must commit funds for
             completion of initial engineering and planning,
             which funds are pledged pursuant to paragraph 6
             hereof;

          b. The parties must establish, by agreement, a
             prioritized listing of actions to be accomplished;

          c. The parties, by agreement, must establish a time
              table for the accomplishment for those actions
              specified it the preceding subparagraph;

          d. The parties, by agreement, must establish a date
              certain for the commencement and completion of
            - necessary engineering studies.

      The overall goals to be accomplished by the parties in
 completion of the above tasks include, but are not limited to,
 the following:

          .1. Provide for a regional, coordinated approach to
              phosphorus control in the Cherry Creek Basin;







         2. Provide for a regional, coordinated approach for the
             construction and operation and maintenance of
             nonpoint phosphorus control projects;

         3, Provide for regional, coordinated water quality
             monitoring of Cherry Creek Reservoir, Cherry Creek
             and the waters flowing into them, as well as
             recommending water quality standards for the
             reservoir and its tributary waters, as appropriate;

         4. Provide for coordination with state and federal
             agencies having water quality responsibilities in
             the Cherry Creek Basin;

         5. Make recommendations to the Regional Planning Agency
             and Water Quality Control Division, as appropriate,
             on phosphorus allocations to all sources and special
             allocations from the reserve pooling;

         6. Provide for benefits to the parties to this
             Agreement, including but not limited to continuing
             local control over the herein described water
             quality programs and a continued or increased level
             of phosphorus load allocations; both of which will
             result in significant cost savings and the ability
             to provide for continued population growth in the
             respective jurisdictions of each of the parties
             hereto.

     4.  Officers; Bylaws.  The Authority has the authority to
elect such officers and adopt such bylaws and internal
regulations as are necessary and convenient to carry out the
purposes of this Agreement.

     5. Duties and Responsibilities. The Authority shall have
the following duties and responsibilities:

         a. To seek legislative action from the Colorado
             Legislature to provide for any of the following;

             1.  Any necessary amendments.-to existing state
                 statutes to grant specific bonding and taxing
                 authority to counties, municipalities, and
                 special districts to utilize in the operation of
                 a basin wide authority, or

             2.  The creation of a specific basin wide authority
                 with taxing and/or bonding powers, such as, the
                 specific authorities found in C.R.S. 1973,
                 29-1-204, 29-1-204.2, and 29-1-204.5.

         b.  The Authority, subject to funding limitations, shall
             have the following duties and responsibilities:



                                3







1. Develop and implement plans for water quality
    control strategies for the Cherry Creek Basin
    watershed and revise those plans as needed.

2. To the extent funds are, or may be made,
    available, construct, operate and maintain
    nonpoint phosphorus control projects;

3. Review nonpoint source control projects
    constructed in Cherry Creek Basin and recommend
    operation and maintenance plans, monitoring
    systems and phosphorus credits;

4. Recommend to the Regional Planning Agency and
    Water'Quality Control Commission amendments to
    the water quality plan and wasteload allocations
    for the phosphorus sources in the Cherry Creek
    Basin;

5. Recommend to the Water Quality Control Division
    temporary allocations of phosphorus from the
    reserve pool to any entity which due to an
    emergency, upset or bypass condition is unable
    to meet their phosphorus allocation;

6. Oversee and conduct water quality monitoring in
    the Cherry Creek Basin and review, analyze and
    report on the water quality monitoring results
    to the Regional Planning Agency and Water
    Quality Control Commission;

~7. Recommend to the local governments erosion and
    urban runoff control standards, which may be
    adopted by those local governments, for the
    Cherry Creek Basin;

8. Recommend programs to decrease the phosphorus
    contributions from septic systems, industrial
    sources, construction, or any other activities
    in the Cherry Creek Basin;

9.  Conduct pilot studies on nonpoint source control
    projects, including monitoring of the
    effectiveness of certain projects and erosion
    control measures;

10. Prepare reports, including reports on the water
    quality of Cherry Creek Reservoir; audits on the
    construction projects, annual operations,
    maintenance and administrative summaries; audits
    upon the completion of each major construction
    project; and any other reports requested by the
    Authority;



                   4







             11. Enter into lawful Agreements with any person,
                private corporation or business, or any federal,
                 state or local government agency for the
                purposes contemplated by this Agreement;

             12. Recommend nonpoint phosphorus control projects
                 for construction and recommend funding
                mechanisms for constructions, operation and
                maintenance for nonpoint source projects within
                 the Cherry Creek Basin;

             13. Pursue continued study of potential phosphorus
                 control solutions;

             14. Analyze the cost effectiveness of recommended
                 standards, regulations, ordinances and control
                 projects;

             15. Adopt annual scopes of work, budgets and fee
                 assessments (pursuant to the limits of Section 6
                 herein) to carry out its responsibilities;

             16. Hire staff as needed and/or contract with a
                 public agency as an administrative agency to
                 provide accounting, administrative, secretarial,
                 audit, payroll and other staff functions;

             17. Draft and continuously update a five-year
                 projection of phosphorus loading levels and
                 phosphorus discharge requirements for the Cherry
                 Creek Basin;

             18. Do any and all acts and things necessary to
                 effectively exercise the powers given in this
                 Agreement.

     6. Funding. Each party signatory hereto agrees to provide
$15,000 from its 1986 budget to fund ongoing monitoring and the
activities specified in paragraph 3a through 3d above. To the
extent funds are, or, in the exercise of sound legislative
discretion may be made, available for subsequent fiscal years,
the parties agree to budget a similar, or other agreed upon, sum
in subsequent years to accomplish the purposes of this'Agreement
including the costs of planning, construction, operation and
maintenance of improvements. The parties hereto pledge their
best efforts, exercised in good faith, to provide funds for
implementation of this Agreement until the legislative solutions
to be sought pursuant to paragraph 5a hereof are attained.

     In the event a governmental entity, in the exercise of its
legislative discretion, is unable, due to budgetary
considerations, to provide the funds specified herein in any
fiscal year subsequent to 1986, the entity shall be provided an






opportunity until the 31st of January of the subsequent year to
pay its proportionate share of funds due for the previous and the
then-current year as called for herein from subsequent budgets or
such other funds as the entity shall deem appropriate and lawful.

     7. Enforcement. It shall be the responsibility of each
party to this Agreement, having jurisdiction within the watershed
covered by the plan, to consider the implementation of the water
quality management plan agreed upon by the Cherry Creek Basin
Authority.  Members should use their best efforts to consider for
adoption those erosion controls regulation-that are recommended
by the Authority as part of the water qualify control strategy.
Adoption and enforcement of any such regulations shall remain
within the sole jurisdiction and be the complete responsibility
of each individual member.

     8. Termination and Withdrawals.

         a. Discharge permits issued and their phosphorus
             wasteload allocations are available because of the
             nonpoint source control plan to remove 50% of the
             nonpoint source phosphorus basinwide, to a level of
             10,270 pounds of phosphorus per year. In the event
             that a member of the Authority ceases to participate
             or withdraws from participation in the Authority and
              its projects: (1) the withdrawing member shall have
             one hundred twenty (120) days, following written
             notice, in which to cure their withdrawal. If the
             withdrawal is not cured, the party shall lose all
              rights and benefits under this Agreement, which
              rights and benefits may be reassigned by action of
              the Authority.

          b.  Subject to the provisions of paragraph 6 hereof,
              should any member of the Authority fail to
              appropriate funds to satisfy its annual fee
              assessment, the rights and benefits accorded to such
              member by this Agreement may be terminated and may
              be reassigned by the Authority.

      9. Addition of New members. New members, who are counties,
 municipalities, or special districts providing wastewater
 treatment services in the Cherry Creek basin, shall be admitted
 after approving and signing this agreement; agreeing to comply
 with the conditions, restrictions and limitations outlined in the
 bylaws of the Authority; and reimbursing the Authority for
 expenses incurred by the Authority for water quality monitoring
 and planning for the basin, and complying with conditions in the
 bylaws for new members.

      10. Term of Aareement. This Agreement shall endure for a
 period of five (5) years from July 1, 1985. After this time, the
 Agreement shall be deemed to automatically renew each year;
 unless two-thirds of the members of the Committee vote to cancel
 the Agreement.








    11. Amendment.  This Agreement may be amended only by the
unanimous vote of the entire Cherry Creek Basin Authority
membership.

    12. Execution. This Agreement shall be executed by the
appropriate elected officials of each member.

                             DOUGLAS COUNTY, COLORADO \;

Attes                             By: /        ,2




                             ARAPAHOE COUNTY, COLORADO

Attest: By:

  By: By:L

                            The Town of Castle Rock,
                            a Colorado municipal corporation

Atte

By By:


                            The City of Greenwood Village,
                            a Colorado municipal corporation

Attest:

By:                               By:  P

                            The City of Aurora,
                            a. Colorado municipal corporation

Attest:

By:               Cr Bya otion4t B:.


                             The Town of Park,
                             a Colorado munic pal corporation

Attest-

By:                               By:   co0 w  MLX
               I,-~ ~ ~ W



                             7







                            The Arapahoe Water and Sanitation
                            District, a quasi-municipal
                             corporation



Bk-,l                            By: tk  -ojOX

            >/SAsJ   see       Cottonwood :..            --   % .,
                             a quasi-municipal corporation
Atte,<

                             By:.
     . ;... 


                    .~/ ~    Denver Southeast Suburban Water and
                             Sanitation District, a quasi-
                             municipal corporation



                            /                       ', 

                             jeridian Metropolitan .
                             District, a quasi-municipal
                             corporation

Attest:

       B~Y:By:   -2                           ~ ~~By:I


                             Inverness Water and Sanitation District,
                             a quasi-  nicipal corporation

Attest - 4X /

By:  1 \Tt By:_


                              P-rk  Water and Sanitatiqz
                             Di t  ct, a quasi-municipal
                             corporation

Attest:

By:  /    /                      By:


            ,,   _ *.   o  _~~~~







                          Stonegate Center Metropolitan
                          District, a quasi-municipal

*  Attest:

By: B


















































                            9





                                        zinc~             1988













HOUSE BILL NO. 1029.



BY REPRESENTATIVES 0. Williams, Ruddick, Carpenter, Chlouber,
P. Hernancez, Masson, and Neale;
also SENATOR Fenlon.


CONCERNING THE CREATION OF THE CHERRY CREEK BASIN WATER
     QUALITY AUTHORITY.

Be it enacted by the General Assemblv of the State of Coloraoo:

     SECTION 1. Title 25, Colorado Revised Statutes, 1982
RePl. Vol., as amended, is amended BY THE ADDITION OF A NEW
ARTICLE to read:

                         ARTICLE 8.5
          Cherry Creek Basin Water Quality Authority

     25-8.5-101.  Lecislative declaration.   (1)  The general
assembly  hereDy finas and oeciares rna: the organization of a
Cherry Creek basin water quality autnority will:

     (a)  Be for the  public  benefit  and  advantage  of  the
people of the state of Colorado;

      (b) Benefit the inhabitants and landowners within the
 authority by preserving water  quality  in  Cherry  Creek  and
 Cherry Creek reservoir;

      (c) Benefit the people of the state of Colorado by
preserving waters for recreation, fisneries, water supplies,
 and other beneficial uses;

      (d) Promote the health, safety, and welfare of the
 people of the state of Colorado.

      (2) It is further declared that the authority will
 provide   for  effective  efforts  by  the  various  counties,



 Capital letters indicate new material added to existing statutes;-
 dashes through words indicate deletions from existing statutes and
,such material not part of act.








municipalities, special districts, and landowners within the
boundaries of the authority in the protection of water
quality.

     (3) It is further declared that the authority should
provide that new developments and construction activities pay
their  eauitable  proportion  of  costs  for   water   quality
preservation and facilities.

     (4) This article, being necessary to secure the public
health, safety, convenience, and welfare, snall be liberally
construed to effect its purposes.

     25-8.5-102.  Definitions.    As  used  in  this  article,
unless the context othnerwise reouires:

     (1) 'Agricultural lands' means all lands except land
rezoned by a county or municipality for business, commercial,
resioential, or  similar  uses  or  suDdivioed  lands.   Those
incluae property consisting of a lot with one acre or more in
size which contains a dwelling unit.

     (2) "Authority' means the Cherry Creek basin water
quality authority created pursuant to section 25-8.5-103.

     (3) "Board' means the governing body of the authority
provided for in section 25-8.5-106.

     (4)  "County' means any county enumerated in article 5 of
title 30, C.R.S.

     (5) "Municipality' means a municipality as defined in
section 31-1-101 (6), C.R.S.

     (6)  'Publication"   means   three   consecutive   weekly
advertisements  in  a  newspaper  or  newspapers  of   aeneral
circulation within the bounaaries of tne autnority. I: shall
nc: be necessary that an advertisement be made on the same day
of the week in each of the three weeKs, Out not less than
twelve  aays,  excluding  the  day of first publication, shall
intervene  between  the  first  publication   and   the   last
publication. Publication shall be complete on the date of the
last publication.

     (7) "Resolutior'  means  an  ordinance  as  passed  by a
member municipality or a resolution as passed by a member
county or special district.

     (B)  'Soil   conservation   district'   means   any  soil
conservation district created pursuant to article 70 of title
35, C.R.S.



PACE 2-HOUSE BILL NO. 1029







     (9)  'Special   district"   means  any  dist-ict  created
pursuant to article 1 of title 32, C.R.S., whicn has the power
to  provide  sanitation  services  or  water  and   sanitation
services and has wastewater treatment facilities within tne
boundaries of the authority.

     (10) "Wastewater treatment facility" means a facility
providing wastewater treatment services which has a designed
capacity  to  receive  sewage  for   treating,   neutralizing,
stabilizing,  and  reducing pollutants contained therein prior
to  the  disposal  or  discharge  of   the   treated   sewage.
"Wastewater   treatment   facility"   dots   not  include  any
pretreatment facilities, lift stations, interceotor lines, or
other  transmission  facilities  to  transmit  'sewage effluent
outside the boundaries of the authority.

    25-8.5-103. Creation and oroanization. The Cherry Creek
basin  water  quality  autnority  is  nereDy   created.    The
authority shall be a quasi-municipal corporation and political
subdivision of the state, with the powers provioed in this
article.

     25-8.5-104.  Boundaries  of  the   autho-itv.    (1)  The
boundaries of the autnority snail De oetermined Dy the
authority, subject to the following:

     (a) The boundaries shall be limited to the drainage
basin of Cherry Creek from its headwaters to the cam at Cherry
Creek reservoir, which the general assemDly hereDy fincs to
be:

     (I) Araoahoe county: Portions of sections thirty-five
and thirty-six, township four south, range sixty-seven west of
thne sixth principal meridian; a portion of section tnirty-one,
township  four  south,  range  sixty-six  west  of  the  sixth
prin:ipal meridian; portions of sections one, twc, tnree, ten,
fifteen,   twenty-two,   twenty-tnree,    twentv-seven,    and
thirty-four, and all of sections eleven, twelve, thirteen,
fourteen, twenty-four, twenty-five, twenty-six, thirty-five
and thirty-six, township five south, range sixty-seven west of
the   sixth   principal   meridian;  all  of  sections  seven,
seventeen, eighteen, nineteen, twenty,'twenty-one, twenty-twc,
twenty-five,    twenty-six,    twenty-seven,        twenty-eight,
twenty-nine,  thirty,  thirty-one,  tnirty-two,  tnirty-tnree,
thirty-four, thirty-five, thirty-six and portions of  sections
five,   six,   eight,   nine,   fourteen,   fifteen,  sixteen,
twenty-three  and  twenty-four,  township  five  south,  ranoe
sixty-six west of the sixth principal meridian; all of section
thirty-one and portions of sections nineteen, twenty-nine,
thirty, and thirty-two, township five south, range  sixty-five
west of the sixth principal meridian;



PAGE 3-HOUSE BILL NO. 1029








    (II)  Douglas  county:   Portions of sewtions four, nine,
sixteen, twenty-one, twenty-eignt and thirty-three, and all of
sections  five,  six,  seven,  eight,   seventeen,   eighteen,
nineteen,   twenty,   twenty-nine,   thirty,  thirty-one,  and
thirty-two, township six south, range sixty-five west  of  tne
sixth principal meridian; township six south, range sixty-six
west of the sixth principal meridian; portions of sections
three,  ten,  fifteen,  twenty-one,  twenty-two, twenty-eight,
thirty-one. thirty-two and thirty-three, and all of sections
one,  two,  eleven,  twelve, thirteen, fourteen, twenty-three,
twenty-four,    twenty-five,      twenty-six,      twenty-seven,
thirty-four,  thirty-five  and thirty-six, township six south,
range sixty-seven west of the sixth principal meridian;
portions of sections four, nine, sixteen, and twenty-one, and
all of sections five, six. seven. eight, seventeen, eighteen,
nineteen,    twenty,    twenty-eight,   twenty-nine,   thirty,
thirty-one.  tnirty-two,  and  thirty-three,  township   seven
south, range sixty-five west of the sixth principal meridian;
township seven south, range sixty-six west of the sixth
principal  meridian;  portions  of  sections four, five, nine,
fourteen,   fifteen,   sixteen,   twenty-tnree,   twenty-five,
zwenty-six,--and  tnirty-six,  and  all  of sections one, two,
three,  ten,  eleven,  twelve,  thirteen,   and   twenty-four,
townsnip seven south, range sixty-seven west of the sixth
principal meridian;  portions  of  sections  twenty-eight  and
nthirty-three and all of sections four, five, six, seven,
eight, nine, sixteen, seventeen, eighteen, nineteen, twenty,
twenty-one, twenty-nine, thirty, thirty-one, and thirty-two,
townsniD eignt south, range sixty-five west of the sixthn
principal meridian; portions of sections six, seven, eighteen,.
nineteen,  twenty-nine,  thirty,  and  thirty-one,  and all of
sections one, two, three, four, five, eight., nine, ten,
eleven,   twelve,   tnirteen,   fourteen,   fifteen,  sixteen,
seventeen,  twenty,  twenty-one,   twenty-two,   twenty-three,
twenty-four,     twenty-five,       twenty-six,    twenty-seven,
twenty-eight,    thirty-two,    thirty-three,        thirty-four,
thirty-five   and  thirty-six,  township  eight  south,  ranoe
sixty-six west of the sixth principal meridian; a  portion  of
section  one,  township eight south, range sixty-seven west of
the sixth principal meridian; all of sections four, five, six,
seven, eight, nine, sixteen, seventeen, eighteen, nineteen,
twenty,   twenty-one,   twenty-eight,   twenty-nine,   thirty,
tnirhy-one, thirty-two and thirty-three, township nine South,
range sixty-five west of the sixth principal meridian; all of
township nine south, range sixty-six west  exceoting  portions
of sections six and seven; portions of sections thirteen,
twenty-three,  twenty-four,   twenty-five,   and   thirty-six,
township  nine  south,  range  sixty-seven  west  of thne sixth
principal meridian; portions of sections twenty-eight and
tnirty-three, and all of sections four, five, six, seven,
eight, nine, sixteen, seventeen, eighteen, nineteen, twenty,
twenty-one, twenty-nine, thirty, thirty-one, and thirty-two,


PAGE 4-HOUSE BILL NO. 1029








township  ten  south,  range  sixty-five  west  of  tne  sixth
principal meridian; portions of sections five, six, seven,
eight, seventeen, eignteen, nineteen, twenty-nine, thirty,
thirty-one, and all of sections one, two, tnree, four, nine,
ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen,
twenty, twenty-one, twenty-two, twenty-three, twenty-four,
twenty-five,    twenty-six,    twenty-seven,        twenty-ein:t,
thirty-two,   thirty-tnree,   thirty-four,   thirty-five   and
thirty-six, township ten south, range sixty-six west of the
sixth principal meridian; a portion of section one, townshiD
ten south range sixty-seven west of the sixth principal
meridian;

     (b)  Lands  may  be included within the boundaries of the
authority pursuant to section 25-8.5-119.

     (c) Lands within the boundaries identified in paragraoDh
(a) of this subsection (1) may be excluded from the authority
pursuant to section 25-8.5-120.

     (2) The authority shall maintain a current mao, showing
all lands that are inciuoed.in the authority's bouncaries.

     25-8.5-105.  Authority   members.    (1)  The   followine
governmental entities snall De members of the autnority:

     (a)  Every  county  which   has   property   within   the
authority's boundaries;

     (b)  Every  municipality  which  has  property within the
authority's boundaries; and

     (c) Every special district which includes in its service
area property within the Cherry Creek basin and wnich owns and
ooerates a wastewater treatment services facility in tne
Cherry Creek basin. For the purposes of this oaragraDh (:),
wastewater  treatment  services  snall  mean   a   wastewater
treatment  facility  with  a oesioned capacity to receive miore
tnan two thousand gallons of sewage per day.

     25-8.5-106. Eoard of dire:to-s. (1) The governing body
of the autnority srall De a ooaro of directors wnich shall
exercise  and  perform  all  powers,  rights,  privileges, and
duties invested or imposed by this article.

     (2)  Each   authority   member    shall    aoDoint    one
representative and two alternates to serve on the board. Any
county,  municipality,  or  special  district  that   provioes
wastewater treatment services by contract with another entity
which is a member of the authority shall not be entitled to a
separate memoer on the board.



PAGE S-HOUSE BILL NO. 1029








     (3)  Directors shall be appointed for terms of two years.
Notice of each appointment shall De given to tne recording
secretary for the authority.

     (4)  No  director  shall  receive  compensation   as   an
employee  of the authority.   Reimbursement of actual expenses
for directors shall not be considered compensation.

     (5)  An appointment to fill a vacancy on the board  shall
be  maoe  by  the  authority  memoer  for the remainder of the
unexpired term,.

     (6)  If a board member or designated alternate  fails  to
attend two consecutive regular meetings of thne board, the
authority may submit a written reouest to the appointing
authority member to have 'its representative attend the next
regular   meeting.    If,   following   such   request,   said
representative fails to attend the next regular board meetinS,
the board may appoint an interim representative from the
authority member's jurisdiction to serve until the autnority
member appoints a new representative.

     (7) An authority memDer, at its discretion, may remove
from  office  any  board  memoer   or   oesignated   alternate
representing the authority memoer and appoint a successor.

     (8)  The board shall elect one of its members as cnai-man
of the authority and one of its members as secretarv-treasurer
and snall appoint a recording secretary wno may be a memoer of
the board.

     (9) The recording secretary shall keep, in a well-bound
book,  a  record  of  all   of   the   authority's   meetings,
resolutions, certificates, contracts, bones given by employees
or contractors, and all corporate acts which shall be open to
inspection of all interested parties.

     (10)  The  secretary-treasurer  shall  keep  strict   and
accurate accounts of all money received by and disbursed for
and on behalf of the authority.

     25-8.5-107. Voting. (1) Each authority member, tnrough
its Designated director or oesignated alternate acting in the
director's place, snall be entitled to one vote.

     (2)  Board  action  upon  waste  load  allocations,  site
location, or site plans selected pursuant to section 25-8-702,
discharge  permits  secured  pursuant  to  section   25-6-501,
amenoments to the authority's wastewater management plan, and
all budget and funding decisions shall require a vote of the
following combinations of memoer votes:



PAGE 6-HOUSE BILL NO. 1029







     (a)  An affirmative'vote of fifty percent of the counties
which are members of the authority; and

     (b) An   affirmative   vote   of   a   majority  of  the
municipalities which are members of the authority; and

     (c) An affirmative vote of a  majority  of  the  special
districts which are members of.the authority.

     (3) All   decisions  of  the  board  not  enumerated  in
subsection (2) of this section shall be made and decided by a
majority of the quorum.

     (4) A director shall disqualify himself from voting on
any issue in which he has a conflict of interest unless such
director has disclosed such conflict of interest in compliance
with section 18-8-308, C.R.S., in which case such disclosure
shall cure the conflict. A director shall abstain from voting
if the director would obtain a personal financial gain from
the contract or services being voted upon by the authority.

     25-8.5-108. Ex officio members. (1) Ex officio members
shall  be provided with notice of tne authority meetings.   Ex
officio members shall not serve  on  the  board.   Ex  officio
members  are  not  voting  members.   The  following  shall be
considered ex officio members:

     (a) Every soil conservation district of which more than
two-thirds of its territory is included within the authority's
boundaries;

     (b) Any other governmental or quasi-governmental agency
designated as an exoffico member by the authority.

     25-8.5-109. Meetinos. (1) The board shall fix the time
and place at which its regular meetings shall be held and
provide for the calling and holding of special meetings.

     (2) Notice of the time and place designated for all
regular meetings shall be posted at the office of the county
clerk and recorder of each of the counties included within the
authority.   Such  notices  shall  remain  posted and shall be
changed in the event that the time or place of such regular
meetings is changed.

     (3) Special meetings of the board shall be held at the
call of the chairman or upon request of two board members.
The  authority  shall  inform  all board members five calendar
days before the special meeting and shall post notice in
accordance with subsection (2) of this section at least three
days before the special meeting of the date, time, and place
of such special meeting and the purpose for which it is


PAGE 7-HOUSE BILL NO. 1029








cal led.

     (4) All business of the board shall be conducted only
during said regular or special meetings, and all said meetings
shall be open to the public, but the board may hold executive
sessions as provided in article 9 of title 29, C.R.S.

     25-8.5-110.  Powers   of   board   -    oroanization    -
administration.   (1)  The  board  has  the  following  powers
relating to carrying on the affairs of the authority:

     (a) To organize, adopt bylaws and rules of procedure,
and select a chairman and chairman pro temDore:

     (b) To make and pass resolutions and orders which are
necessary for the governance and management of the affairs of
the authority, for the execution of the powers vested in the
authority, and for carrying out the provisions of this
article;

     {c) To fix the location of the principal place of
business of the authority and the location of all offices
maintained under this article;

     (d) To prescribe by resolution a system of business
administration, to create any and all necessary offices, to
ï¿½establish the powers and duties and compensation of all
employees, and to require and fix the amount of all official
bonds necessary for the protection of the funds and property
of the authority;

     (e)  To  appoint  and  retain  employees,   agents,   and
consultants to make recommendations, coordinate authority
activities, conduct routine business of the authority, and act
on  behalf  of  the  authority  under  such   conditions   and
restrictions as shall be fixed by the board;

     (f) To prescribe a method of auditing and allowing or
rejecting claims and demands and a method for the letting of
contracts on a fair and competitive basis for the construction
of works, structures, or equipment or for the performance or
furnishing of such labor, materials, or supplies as may be
required for the carrying out of any of the purposes of this
article.

     25-8.5-111. Powers of authority - aeneral and financial.
 (1) In order to accomplish its purposes, the authority has
the power to:

     (a) Develop and implement, with such revisions as become
necessary in light of changing conditions, plans for water
quality controls for the reservoir, applicable drainage basin,


PAGE 8-HOUSE BILL NO. 1029







waters, and watershed;

     (b) Conduct pilot studies and other studies that may be
appropriate for the development of potential water quality
control solutions;.

     (c) Develop and implement programs to provide credits,
incentives, and rewards within the Cherry Creek basin plan for
water quality control projects;

     (d) Recommnend the maximum loads of pollutants allowable
to maintain the water quality standards and allocate, if
delegated the power to pursuant to federal or state law, waste
loads among both present and future sources of 'pollutants;
     (e) Recommnend erosion controls and urban runoff control
standards;

     (f) Recoummend septic system maintenance programs;

     (g) Incur debts, liabilities, and obligations-,

     (h) Have perpetual existence;

     (i) Have and use a corporate seal;

     (j)  Sue  and  be  a  party  to   suits,   actions,   and
proceedings;

     (k)  Enter  into  contracts  and agreements affecting the
affairs of  the  authority  including,  but  not  limited  to,
contracts with the United States and the state of Colorado and
any   of   their   agencies  or  instrumentalities,  political
subdivisions of the state of Colorado, corporations, and
individuals;

     (1) Acquire, hold, lease (as lessor or lessee), and
otherwise dispose of and encumber real and personal property;

     (in) Acquire, lease, rent, manage, operate, construct,
and maintain water quality control facilities or improvements
for drainage, nonpoint sources, or runoff within or without
the authority;

     (n) Establish rates, tolls, fees, charges, and penalties
except on agricultural land for the functions, services,
facilities, and programs of the authority; except that the
total annual budgeted rates, tolls, fees, and charges for
property owners shall not exceed thirty percent of the annual
authority budget and shall not exceed the total annual
budgeted fees to be paid by users of the Cherry Creek
reservoir;


PAGE 9-HOUSE BILL NO. 1029







    (o) Establish in cooperation with the department of
natural resources fees for Cherry Creek reservoir users, which
amounts shall be subject to the review and approval of the
board of parks and outdoor recreation, which shall not
unreasonably  withhold   approval.    Said   reservoir   fees,
including   all   users   regardless   of   activity,  however
established, shall not in total exceed the amount  that  would
be  collected  if  the  reservoir  user fee was one dollar per
reservoir user per year.

     (p) (I) Levy and collect ad valorem taxes on and against
all taxable property within the authority subject to the
limitation that no mill levy for any fiscal year~shall exceed
one-half mill, however, ad valorem taxes greater than one-half
mill can be levied by.the authority if it is approved by the
electors at an election held.according to the procedures of
part B of article 1 of title 32, C.R.S.

     (II) No property tax shall be levied until the fees from
the recreation users and the development fees are established.

     (q) Issue and refund revenue and assessment bonds and
pledge the revenues of the authority or assessments therefor
to the payment thereof in the manner provided in part 4 of
article 35 of title 31, C.R.S., and as provided in this
article;

     (r) Invest any moneys of the authority in any manner
permitted by law;

     (s) Review and approve water quality control projects of
any entity other than the authority within the boundaries of
the authority;

     (t) Except that the authority shall not have the power
to regulate agricultural nonpoint source activities; such
agricultural nonpoint source activities sha.ll be subject only
to the provisions of section 25-8-205 (5);

     (u) Have and exercise all rights and powers necesse-y or
incidental to or implied from the specific powers granted to
the authority by tnis article. Such specific powers shall not
be considered as e limitation upon any power necessary or
appropriate to carry out the purposes and intent of this
article.

     25-8.5-112.  Power to issue  bonds.   To  carry  out  the
purposes of this article, the board is authorized to issue
revenue or assessment bonds of  the  authority.   Bonds  shall
bear interest at a rate such that the net effective interest
rate of the issue of bonds does not exceed the maximum
interest rate set forth in the resolution adopted by the board


PAGE 10-HOUSE BILL NO. 1029







authorizing the issuance of the bonds, payable semiannually,
and  shall  be  due  and  payable serially, either annually or
semiannually, commencing not later than three years after date
of issuance. The form and terms of said bonds, including
provisions   for   their  payment  and  redemption,  shall  be
determined by the board. If the board so aetermines, such
bonds may be redeemable prior to maturity upon payment of a
premium not exceeding three percent of the principal tnereof.
Said bonds shall be executed in the name and on behalf of the
authority, signed by the chairman of the board with the seal
of the authority affixed thereto, and attested by the
secretary  of  the  board.   Said  bonds  shall  be  in   such
denominations as the board shall determine, and the bonds and
coupons shall bear the original or facsimile signature of the
chairman of the board.

    25-8.5-113. Revenue refundino bonds. Any revenue bonds
issued by the authority may be refunoed by the  authority,  or
by any successor thereof, in the name of the authority,
subject to the provisions concerning their payment and to any
other contractual limitations in the proceedings authorizing
their issuance or otherwise appertaining thereto, by the
issuance  of  bonds  to  refund, pay, and discharge all or any
part of such outstanding bonds, including any interest on the
bonds in arrears or about to become oue, for the purpose of
avoiding or terminating any default in the payment of the
interest on and principal of the bonds, of reducing interest
costs or effecting other economies, or of modifying or
eliminating restrictive contractual limitations appertaining
to  the  issuance  of  additional  bonds  or  to  any   system
appertaining thereto or for any comoination of such purposes..
Refunding  bonds  may  be  delivered  in  exchange   for   the
outstanding bonds refunded or may be sold as provided in this
article for an original issue of bonds.

     25-8.5-114. Use of proceeds of revenue refundine bonds.
The proceeds of revenue refuncing bonds shall either be
immediately applied to the retirement of the bonds being
refunded or be placed in escrow in any state or national bank
within the state which is a member of the federal deposit
insurance corporation to be applied to the payment of the
bonds being refunded upon their presentation therefor; but, to
the extent-any inciaental expenses have been capitalized, such
refunding bond proceeds may be used to defray such expenses,
and any accrued interest and any premium appertaining to a
sale of refunding bonds may be applied to the payment of the
interest thereon or the principal thereof, or both interest
and principal, or may be deposited in a reserve therefor, as
the   board   may   determine.   Any  such  escrow  shall  not
necessarily be limited to proceeds of refunding bonds but may
 include other moneys available forits purpose. Any proceeds
 in escrow, pending such use, may be invested or reinvested in


 PAGE 11-HOUSE BILL NO. 1029








any  items  permitted  by  the  state  of  Colorado and bills,
certificates of indeotedness, notes, or bonds wnich are direct
obligations of, or the principal and interest of which
obligations  are  unconditionally  guaranteed  by,  tne United
States. Such proceeds and investments in escrow, together
with any interest to be derived from any such investment,
shall be in an amount at all times sufficient as to principal,
interest, any prior redemption premium due, and any charges of
the escrow agent payable therefrom to pay the bonds being
refunded as they become due at their respective maturities or
due at any designated prior redemption dates in connection
with which the board shall exercise a prior redemption option.
Any purchase of any refunding bond issued under'this article
shall in no manner be responsible for the application of the
proceeds thereof by the authority or any of its officers,
agents, or employees.
     25-8.5-115.  Facilities    -    comprehensive    Drooram.
(1) The authority, acting by and through the boaro, may
acquire, construct, lease, rent,, improve, equip, relocate,
maintain, and operate water quality control facilities, any
project, or any part thereof for the benefit of the authority
and the inhabitants thereof, after the board has made such
preliminary studies and otherwise taken such action as it
determines to be necessary or desirable.

     (2) (a) The authority shall develop a comprehensive
program for the water quality control fa:ilities specified in
subsection (1) of this section. A comprehensive program may
consist of one project or more than one project.
     (b) A hearing on the proposed comprehensive program
 shall be scheduled, and notice of the hearing shall be given
by publication and posted in the office of the county clerk
 and  recorder  of  each  member  county.   Upon closure of the
 hearing, the board may either require changes to be made in
 the comprehensive program or the board may approve or reject
 the comprehensive program as prepared.

     (c) If any substantial changes to the comprehensive
 program are ordered at any time, a further hearing shall be
 held pursuant to notice which shall be given by publication.
     25-8.5-116. Coordination with drainaae and flood control
 measures.   (1)  Any  exercise  by tne autnority of the powers
 granted by section  25-8.5-111  or  25-8.5-115  which  affects
 drainage and flood control shall be consistent with and
 conform to the drainage and flood control program of the urban
 drainage and flood control district adopted pursuant to
 section    32-11-214,    C.R.S.,   the   resolutions,   rules,
 regulations, and orders of the district issued pursuant to
 section 32-11-218 (1) (e), C.R.S., and any flood plain zoning

 PAGE 12-HOUSE BILL NO. 1029







resolutions, rules, regulations, ano orders of any public body
having jurisdiction to adopt the same.

     (2) Construction by the authority of drainage or water
quality control facilities which might or will affect drainage
or flood control within the boundaries of the urban drainage
and flood control district shall not be undertaken until a
proposal therefor has been presented to and approved by the
board of directors of  said  district.   Such  proposal  shall
demonstrate compliance with the requirements of subsection (1)
of this section, and the board shall apply the same standards
of flood control and drainage criteria for approval thereof as
it applies for review of prooosals presented for approval
pursuant  to  section  32-11-221,  C.R.S.   The  provisions of
section 32-11-221, C.R.S., shall apply to the presentation,
consideration, and determination by said board of directors of
any such proposal or modification thereof.

    25-8.5-117. Transfer of Dowers. (1) Upon the adoption
of the board of directors of the urban drainage and flood
control district and the board of directors of the authority
created  herein  of  a   joint   resolution   delegating   the
agreed-upon responsibility to the urban drainage and flood
control district for carrying out and meeting, within the
district's boundaries, the compliance requirements and the
permitting requirements imposed with respect to storm water
runoff quality by the federal "Water Quality Act of 1987" and
any regulations and standards adopted pursuant thereto or
pursuant to state law, all powers contained in this act to
deal with water quality control and compliance relating to the
agreed-upon aspects of storm water runoff and nonpoint sources
of  pollution,  including   financial   powers   and   special
assessment powers but not including ad valorem taxation
powers, shall be transferred to the urban drainage and flood
control district.

     (2)  Upon   the   transfer   of  powers  as  provided  in
subsection (1) of this section, any-allocation of waste loads
affecting  storm water runoff or nonpoint sources of pollution
proposed or adopted by the authority shall be effective only
upon adoption thereof or concurrence therewith by the board of
directors of the urban drainage and flood control district.

     (3) If the urban drainage and flood control district
accepts the responsibility and the transfer of powers as
provided in subsection (1) of this section, after completion
of a plan for water quality controls by the authority which
involves storm d-ainage runoff or nonpoint sources and after
commencement of implementation of such plan, the district
shall be bound to carry out the plan as it relates to the
storm water and nonpoint source powers transferred to it
within the time requirements, if any, of the plan.


PAGE 13-HOUSE BILL NO. 1029







    25-8.5-118.  Power to l'evy special assessments.  (1)  The
board, in the name  of  the  authority,  for  the  purpose  of
defraying  all the cost of acquiring or constructing, or both,
any project or facility authorized by  this  article,  or  any
portion  of  the  cost  thereof not to be defrayed with moneys
available therefor from its own funds, any special  funds,  or
otherwise, also has the power under this article:

     (a) To levy assessments against all or portions of the
property within the authority and to provide for collection of
the assessments pursuant to part 6 of article 20 of title 30,
C.R.$.;

     (b) To pledge the proceeds of any assessments levied
under this article to the payment of assessment bonds and to
create liens on such proceeds to secure such payments;

     (c) To   issue   assessment   bonds   payable  from  the
assessments, which assessment bonds shall  constitute  special
obligations  of  the  authority and shall not be a debt of the
authority; and

     (d) To make all contracts, to execute  all  instruments,
and  to  do all things necessary or convenient in the exercise
of the powers granted in this article or in the performance of
the authority's duties or in order to secure the payment of
its assessment bonds.

     (2) The authority shall give notice, by publication once
in a newspaper of general circulation in the authority, to the
owners of the property to be assessed, which shall include:

     (a) The kind of improvements proposed;

     (b)  The number of installments and the time in which the
cost of the project will be payable;

     (c) A description of the properties which will be
assessed;

     (d) The probable cost per acre or other unit basis
which, in the judgment of the authority, reflects the benefits
which accrue to the properties, except no benefit shall accrue
to agricultural lands, to be assessed;

     (e) The time, not less than thirty days after the
publication, when a resolution authorizing the improvements
will be considered;

     (f) A map of the properties to be assessed, together
with an estimate and schedule showing the approximate amounts
to be assessed, and a statement that all resolutions and


PAGE 14-HOUSE BILL NO. 1029








            proceedings are an file and may be seen and  exam~ined  by  any
            interested person at the office of thie authority or otner
            designated place at any time within said period of thirty
            days; and

                   g)A  statement  that  all complaints and objections by
            the owners. of property to be assessed in writing concerning
            the proposed improvements will be heard and determined by the
            authority before final action thereon.

                 (3) The finding, by resolution, of the board that said
            improvements were ordered after notice given and after hearing
            held and that such proposal was properly initiated by the said
            authority shall be conclusive of the facts so stated in every
            court or other tribunal-.

                 (4) Any resolution or order regarding the assessments or
            improvements may be modified, confirmed, or rescinded at any
            time prior to the passage of the resolution authorizing the,
            improvements.

                 25-8.5-119.  Inclusion    of      territory.       ()Any
            municipality, county, or special district, or any portion
            thereof, shall be eligible for inclusion upon resolution of
            its governing body requesting inclusion in the authority and
            describing the property to be  included.   The  authority,  by
            resolution, may include such property on such terms and
            conditions as may be determined appropriate by the board.

                 (2) Upon receipt of a resolution requesting inclusion,
            the board shall cause an investigation to be made within a
            reasonable time to determine whether or not the municipality,
            county, or special district, or portion thereof, may feasibly
            be included within the authority, whether tne municipality,
            county,   or  special  district  has  any  property  which  is
            tributary to the basin, waters, or watersheds governed by the
            authority, and the terms and conditions upon which the
            municipality, county, or special district may be included
            within the authority. If it is determined &that it is feasible
            to include the municipality, county, or special district, or
            portion thereof, in the authority, and the municipality,
            county, or special district has property tributary to the
            basin, waters,-or watersheds governed by tne authority, the
            board by resolution shall set the terms and conditions upon
            which  the  municipality,  County,  or  special  district,  or
A           ~~~por-:ion  thereof,  may  be  included  within the authority and
            shall give notice thereof to the municipality, county, or
            special   district.    If  ,,the   board  determines  that  the
            municipality, county, or special district, or portion thereof,
            cannot feasibly be included within the authority or otherwise
            determines that the municipality, county, or special district
            should not be included within the authority, the board shall


            PAGE 15-HOUSE BILL NO. 1029








pass  a  resolution so stating and notifying the municipality,
county, or special district of the action of the  board.   The
board's   determination  that  the  county,  municipality,  or
special district, or portion thereof, should not be included
in the authority shall be conclusive.

     (3) (a) If the governing body of the m.unicipality,
county.  or  special   district   desires   to   include   the
municipality, county, or special district, or portion thereof,
within the authority upon the terms and conditions set forth
by the board, the governing body shall adopt a resolution
declaring that the public health, safety, and general welfare
requires the inclusion of said municipality, 6ounty, or
special district within the authority and that the governing
body desires to have said municipality, county, or special
district, or portion thereof, included therein upon the terms
and conditions prescribed by the board. The governing body-of
such municipality', county, or special district, before final
adoption of said resolution, shall hold a public hearing
thereon, notice of which shall be given by publication in a
newspaper of general circulation within such municipality,
county, or special district, which shall be complete at least
ten days before the hearing. Upon the final adoption of said
resolution.  the  clerk  of  the  governing   body   of   such
municipality, county, or special district shall forthwith
transmit a certified copy of the resolution to the board and
to the division of local government in the department of local
affairs.

     (b) After receipt of a copy of such resolution, the
board shall pass and adopt a resolution including said
municipality, county, or special district, or portion thereof,
in the authority and shall cause a certified copy thereof to
be transmitted to the division of local government and a
certified copy to the governing body of the municipality,
county, or special district.

     (4) The director of said division, upon receipt of a
certified copy of the resolution of the board, shall forthwith
issue a certificate reciting that the municipality, county, or
special district, or portion thereof, described. in such
resolution  has  been  duly  included  within  tne   authority
according to the laws of the state of Colorado. The inclusion
of such territory shall be deemed effective uoon the date of
the issuance of such certificate, and the validity of such
inclusion shall not be contestable in any suit or proceeding
which has not been cowmmenced within thirty days from such
date.   The  said  division  shall  forthwith  transmit to the
governing body of such municipality, county, or special
district and to the board five copies of such certificate, and 
the clerk of such governing body shall forthwith record a copy
of the certificate in the office of the clerk and recorder of


PAGE 16-HOUSE BILL NO. 1029







each county in which such  municipality,  county,  or  special
district, or por-t-ion thereof, is located and file a copy
thereof  with  the  county  assessor  of  each  such   county.
Additional copies of said certificate shall be issued by the
division of local government upon request.

     25-8.5-120.  Exclusion of proverty.   (1)  Any  owner  of
property within the boundaries of tne authority may petition
to be excluded from the authority.

     (2) In order for such property to be excluded, the board
shall determine that the property to be excluded does not
receive wastewater treatment services or have an individual
sewage disposal system located within the authority and
either:

     (a) Was improperly included within the authority; or

     (b) Is not tributary to the basin, waters, or watersheds
governed by the authority or will not benefit f rom. projects or
improvements provided by the authority.

     (3)  Any   petition   for  exclusion  shall  specify  the
property to be excluded, and evidence that the property
complies with the criteria of subsection (2) of this section.

     (4)  The authority shall  provide  notice  of  the  date,
time, and place of the authority's meeting to consider the
petition for exclusion.

     (5)  The  authority  may  approve,  modify,  or  deny   a
petition for exclusion.

     (6) If the authority approves a petition for exclusion
of  property,  the  authority  shall  file  a  copy  of   said
resolution with the division of local government and with the
county, municipality, or special district authority members
which includes within its boundaries the excluded property,
record a copy of the resolution in the office of the county
'clerk and recorder in the county in which said excluded
property is located, and file a copy with the county assessor
in such county.

     SECTION 2.  Safety clause.  The general   assembly hereby










PAGE 17-HOUSE BILL NO. 1029







finds, determines, and declares that this act is necessary for
the immediate preservation of the public peace, health, and
safety.





Cafl E. Bieasoe                               Ted L. Stricknand
SPEAKER OF THE HOUSE                               PRESIDENT OF
OF REPRESENTATIVES                                   THE SENATE





 ee C. Bahrych-                                    Joan M. Albi
CHIEF CLERK OF THE HOUSt                           SECRETARY OF
OF REPRESENTATIVES                                   THE SENATE




       APPROVED 6                 29K1            ZL*             41





                               GR0 mer
                               G    NOR OF THE STATE OF COLORADO























PAGE 18-HOUSE BILL NO. 1029



. U.S. GOVERNMENT PRINTING OFFICE:1993-715-003/87022