1. TMDL Overview Kurt Spitzer www.florida-stormwater.org kurtspitzer@ksanet.net@ksanet.net 850/561-0904 Estimates of Cost of Compliance Florida Consumer Fertilizer Task Force

2. What is a TMDL? The maximum amount of a pollutant that a water body or water segment can assimilate without exceeding water quality standards.

4. What is a TMDL? Last component of 1972 CWA to be implemented. Result of numerous lawsuits throughout country seeking to enforce CWA. 1999 - Consent Decree between EPA and EarthJustice in Florida. Legislature passes 403.067, FS, concerning listings. 2005 – Legislature amends 403.067, FS, concerning implementation. Adopts $100M trust fund for water quality and alternative water supply funding.

5. Problem Statement Unlike most point source discharges, urban stormwater is characterized as: 1.An unpredictable, episodic discharge it doesn’t rain every day - we don’t know when its going to rain, for how long, or by how much

6. Problem Statement Unlike most point source discharges, urban stormwater is characterized as: 2.From uncontrollable sources and in sometimes untreatable volumes it ain’t going into or coming out of “a pipe”

7. Problem Statement Unlike point source discharge programs, urban stormwater has not had the benefit of federal funding to assist in implementation Clean Water Act – 1972 Principal federal program to aid WWT plant construction. 1972-1984 = $41 billion The WWT grant program was the largest non-military public works program since the Interstate Highway System - Congressional Research Service

8. Problem Statement TMDLs: “…..the largest unfunded environmental mandate in history” - Jimmy Palmer, EPA Administrator Region IV

9. Estimating Costs of Compliance

10. Projecting Costs FDEP Allocation Technical Advisory Committee: “Report to the Legislature and Governor on the Allocation of TMDLs in Florida” Calculate pollutant reductions if 45% of urban areas met stormwater requirements for new construction Calculate pollutant reductions of 90% of urban areas met stormwater requirements for new construction

11. Projected Costs City of Tallahassee 2001 Case Study 1.Developed Area = 23,607 acres 2.Percentage of area meeting state standards = 6,989 acres (30%) 3.45% - 30% = additional 3,634 acres to be retrofitted 4.Retrofit costs = $7,500 per acre 45% threshold = $27.3 million 90% threshold = $100+ million Unit cost of $180 per capita

12. Projected Costs #1.FSA 2001 White Paper Estimates Method One:33% of State Impacted Population of 5,274,200 Unit Cost of $180 Per Capita Estimated Statewide Cost: $0.950 Billion Method Two : Municipal Population Impacted Population of 8,000,000 Unit Cost of $180 Per Capita Estimated Statewide Cost: $1.44 Billion

13. Projected Costs #2.FSA TMDL 2002 Survey Estimates Method 1-A:Step 1 Compliance Impacted Population of 5,274,200 Unit Cost of $279-$559 Per Capita Statewide Cost: $1.474/$2.947 Billion Method 1-B : Step 1 Compliance Impacted Population of 8,000,000 Unit Cost of $279-$559 Per Capita Statewide Cost: $2.235/$4.470 Billion

14. Projected Costs #2.FSA TMDL 2002 Survey Estimates Method 2-A:Step 2 Compliance Impacted Population of 5,274,200 Unit Cost of $796/$1,592 Per Capita Statewide Cost: $4.198/$8.396 Billion Method 2-B : Step 2 Compliance Impacted Population of 8,000,000 Unit Cost of $796/$1,592 Per Capita Statewide Cost: $6.368/$12.736 Billion

15. #3. 2004 Clean Watersheds “Needs Survey” Report to Congress Category of NeedNeeds ($000) Category I – Secondary Treatment$ 33,611 Category II – Advanced Treatment$ 4,595,918 Category III-A – Inflow/Infiltration Correction$ 310,526 Category III-B – Major Sewer Rehabilitation$ 960,088 Category IV-A – New Collector Sewers$ 1,752,257 Category IV-B – New Transmission Facilities$ 1,392,458 Category V – Combined Sewer Overflow Correction0 Category VI – Municipal Separate Storm Sewer System (MS4) Permitted Stormwater Management $ 2,182,750 Category VII – Nonpoint Source BMPs$ 9,285,007 Category VIII – Confined Animals Point Source0 Category IX – Mining Point Source0 Category X – Recycled Reclaimed Water Distribution$ 1,672,115 Category XI – Estuary Management$ 63,073 Florida’s Total Projected Needs for Next 10 Years$22,247,803 (+$2.2 billion/year) +50% NPS needs Source: 2006 305(b)/303(d) Integrated Report to EPA

17. Projecting Costs Area of Watersheds Draining to Impaired Waters Groups 1-4 = 7.1M acres, 650 segments Group 5 = 3.3M acres, 180 segments Total = 10.4 million acres

18. Projecting Costs 10.4 million acres draining to Impaired Waters but… Some undeveloped Some agricultural Everglades Lake Okeechobee

19. #4.Projected Costs Total = 10.4 million acres Assume 33% developed 3.48 million x $7,500 = $26.1B 3.48 million x $15,500 = $52.2B

20. Too Many Dollars / Lb.

22. SUMMARY 1.Costs are overwhelming. 2.There is a grossly insufficient amount of state and/or federal assistance available. 3.It is infinitely more efficient and effective to keep pollutants out of waterbodies than it is to remove pollutants later.

27. Questions? Kurt Spitzer kurtspitzer@ksanet.net 850/561-0904