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Delaware's
Tributary Action Teams
A Background
 Delaware's
Tributary Action Teams were formed to make it possible for any interested
individual, business, educational institution, and government agency
representative to take part in the process of reducing pollution
in our State's waterways. Team activities include learning about
our watersheds, the risks they face, and how we can mitigate those
risks to meet the provisions of the United States government's Clean
Water Act (CWA). With this information in hand, the Teams develop
Pollution Control Strategies to bring our waterways into full compliance.
The Clean
Water Act (CWA) of 1972 was revolutionary in its approach to reducing
pollution. The Federal government had previously deferred environmental
problems to State control and regulation but now gained an expanded
role. The primary goals of the CWA were the elimination of discharge
of pollutants into navigable waters by 1985, and to have all waters
be of fishable/swimmable quality by 1983. There was to be no discharge
without a permit granted by the National
Pollution Discharge Elimination System (NPDES). Wastewater treatment
plants were required to upgrade their technology to minimize the
amount of nutrients released. Using very specific goals and deadlines,
the USEPA gave power to the states to establish water quality standards
for each body of water, depending on its uses. Bodies of water whose
uses were primarily human-oriented had different standards than
those which were aquatic life sanctuaries. The primary human uses
of water bodies include fishing, swimming, wading, shellfish harvesting,
agricultural and industrial.
 There
are some water bodies that require additional pollution reduction
after these programs have been applied. In Section 303(d) of the
CWA, the EPA required states to identify and list these waters as
Water Quality Limited. In an effort to regain the natural cleanliness
of the waters, the states are obligated to establish and implement
Total Maximum Daily Loads (TMDLs) for chemicals and nutrients found
in the waterways. This is the threshold level of pollution, below
which a water body will meet water quality standards and allow uses
to be achieved. The full TMDL process determines the pollutants
impairing the water, identifies maximum capacities and assigns the
specific levels of pollution, or TMDLs, to be met. This process
is important and extremely effective, but also labor-intensive and
time-consuming. For this reason, the watersheds with the most severely
impaired water qualities are of a higher priority and their TMDLs
are being established first.
Although
a State can delegate responsibility to its agencies to enforce water
quality, the CWA mandates that the EPA regains control if the State
does not adequately address water quality issues. This provision
allows citizens to enforce the CWA through lawsuits against the
EPA and state agencies. In this way, citizens maintain the power
of a “public attorney general” to represent their interests
and lobby the government for more stringent control. These lawsuits
are not uncommon and most have resulted in TMDL development.
In August
of 1996, representatives of the Widener
University School of Law Environmental Law Clinic filed a federal
complaint on behalf of the Sierra
Club and the American
Littoral Society. This complaint charged the EPA with failing
to carry out its duty as required in the Clean Water Act to improve
the waters of Delaware and make them fit for human uses. The Complaint
asked the court to order EPA to:
-
Comply with CWA requirements for TMDLs in Delaware on a short
time line
- Commit
to updating Delaware’s continuing planning process, which
serves as the overall framework for water resources management
in the state
- Not
issue or approve any new or renewed NPDES permits discharging
into impaired waters for which TMDLs have not been established
- Cease
any additional grant funding to Delaware to administer the 303(d)
program until the state’s 303(d) list meets the requirements
of the CWA
The
EPA and DNREC signed a Memorandum of Understanding to assist each
other with program and technical issues that may be encountered
during the process of establishing the TMDLs. The plaintiffs of
the lawsuit agreed to a ten year implementation plan to be established
for all of the 1996 Section 303(d) waters, and the EPA and DNREC
agreed on a schedule. In addition, DNREC agreed to include waters
impacted by habitat degradation from agricultural and urban activities
on the Section 303(d) list, develop guidance documents regarding
the use of biological and habitat data for listing waters in 1998
and develop protocols for assessing wetlands in Delaware.
 Once
a TMDL is promulgated (established and officially accepted and announced
by the Secretary of DNREC), a Pollution Control Strategy (PCS) is
developed. A PCS specifies where pollution reductions can be made
in a watershed to meet the TMDL target. DNREC and the EPA are permitted
to use regulatory and voluntary action to meet TMDLs. Tributary
Action Teams were formed in Delaware to involve everyone in the
effort to protect our waterways. Citizens, government officials,
business owners, developers, and farmers are all involved in the
Teams and everyone is invited to participate. Teams document specific
methods of reducing pollution in their watersheds to form their
PCS. A PCS can include the removal or reduction of point source
pollution into the waterway, or mandate regulations on residential
septic systems. It can ask that storm water best management practices
be made a necessary part of all new developments. Agricultural practices
which decrease the amount of runoff could be encouraged through
an incentive program. The possibilities are endless!
The Clean
Water Act's development was fueled by the concern of the people
of the United States. Our government representatives could no longer
ignore the problems plaguing our nation’s waterways and decided
to take action. Because of community activism such as that which
energizes our Tributary Action Teams, our government began regulating
pollution sources and cleaning our waters. The entire community
is invited to participate in the Tributary Action Teams, which have
public education forums and have begun publicizing their progress
in local newspapers and radio stations. Extensive research and discussion
helps to ensure the Teams make the most effective decisions for
their watersheds' unique characteristics.
There
is always more work to be done and more help needed. Please read
the biographies of our Tributary Teams and learn a little bit more
about us. We hope you decide to contribute to the cleaning of your
watershed by participating – and if you already participate,
thank you!! Keep up the great work because Delaware’s good
nature depends on you!
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