The New York City Watershed Program The NYC

The New York City Watershed Program The NYC Watershed Agreement The Watershed Protection and Partnership Council June 9, 2009 CLGCS Management Meeting

The NYC Watershed q Delivers 1. 3 billion gallons of high quality drinking water to more than 9 million New Yorkers every day. q More than a trillion gallons in residence. q A network of 19 reservoirs as far away as 125 miles north and west of NYC. q 2, 000 square miles q 8 Counties q 70 Towns and Villages

The Nation’s largest surface water supply…. . . is not filtered 1989 – EPA mandates filtration for all surface water supplies, pursuant to the “Surface Water Treatment Rule” of the Safe drinking Water Act. An exception, or “Filtration Avoidance” is allowed only for those supplies that have an approved comprehensive watershed management program in place to ensure the maintenance of high quality drinking water. For these systems, EPA (now NYSDOH in New York) may grant a Filtration Avoidance Determination (FAD). Faced with the staggering costs ($50 billion capital – $5 billion O&M), City, State and federal entities believed that the high quality water in the City's Catskill and Delaware systems (not Croton) could meet the stringent requirements of a FAD upon the adoption of more comprehensive watershed management measures in the NYC Watershed.

The 1997 New York City Watershed Memorandum of Agreement Recognizing the need for a collaborative approach to make a FAD possible, Watershed stakeholders negotiated for years to develop a cooperative comprehensive framework to address NYC’s water quality protection. On January 21, 1997, the “New York City Watershed Memorandum of Agreement” was signed, forming a new and historic partnership among the many interests to: - Protect New York City’s water supply, - Enhance the economic vitality of the upstate watershed communities, and - Implement a variety of watershed protection programs. The Watershed Agreement made a FAD possible by creating Partnership Programs designed to assist the regulated communities with compliance.

Signatories to the Agreement Federal, State, City, County, Env. Groups US EPA State of New York NYS DEC NYS DOH NYS DOS NYS EFC City of New York NYC DEP Delaware County Dutchess County Greene County Putnam County Schoharie County Sullivan County Ulster County Westchester County Catskill Center Riverkeeper NYPIRG Open Space Institute Trust for Public Land Coalition of Watershed Towns Catskill Watershed Corporation Towns and Villages Andes Bovina Colchester Delhi Deposit Fleischmanns Franklin Hamden Harpersfield Hobart Kortright Margaretville Masonville Meredith Middletown Roxbury Sidney Stamford Tompkins Walton North Castle Somers East Fishkill Pawling Ashland Halcott Hunter Jewett Lexington Tannersville Prattsville Windham Brewster Carmel Kent Patterson Putnam Valley Southeast Broome Conesville Gilboa Jefferson North Salem Yorktown Fallsburgh Liberty Neversink Denning Hardenburgh Hurley Kingston Marbletown Olive Rochester Shandaken Wawarsing Woodstock Bedford Cortlandt Harrison Lewisboro Mt. Kisco Mt. Pleasant New Castle Pound Ridge

Watershed Agreement Components q New York City Watershed Rules and Regulations q Land Acquisition q Partnership Programs q The Watershed Protection and Partnership Council

“RULES AND REGULATIONS FOR THE PROTECTION FROM CONTAMINATION, DEGRADATION AND POLLUTION OF THE NEW YORK CITY WATER SUPPLY AND ITS SOURCES” Comprehensive water quality regulations were promulgated by NYC, impacting: Pathogenic Materials Hazardous Substances and Hazardous Wastes Radioactive Materials Petroleum Products Human Excreta Wastewater Treatment Plants Sewerage Systems, Service Connections and Discharges to Sewerage Systems Subsurface Sewage Treatment Systems Stormwater Pollution Prevention Plans and Impervious Surfaces Miscellaneous Point Sources Solid Waste Agricultural Activities Pesticides Fertilizers Snow Disposal and Storage and Use of Winter Highway Maintenance Materials Water Quality Standards Enforcement Variances Local Government Stormwater Protection Plans Watershed Planning in the Croton System Watershed Planning in the West of Hudson Watershed Phosphorus Offset Program

Land Acquisition – Open Space for Water Quality Protection Initial FAD allocated $30 million over five years Willing sellers only Fair market value No Eminent Domain - Solicitation goals only NYC pays taxes NYC agrees to public use as appropriate Municipal and Recreational Use Committee Review Current FAD allocates $300 million over 10 years Natural Features Criteria and Priority Areas Designates “Hamlet” areas as off limits to acquisition

Partnership Programs New Sewage Treatment Infrastructure Facilities for Towns, Villages and Hamlets. Septic System Rehabilitations , Replacements, and Alternate Designs. Stormwater Retrofits. Sand Salt Storage Facilities. Stream Corridor Protection. West of Hudson Economic Development Study. Catskill Fund for the Future. ($60 million for WOH economic development loans and grants) Tax Consulting Fund. The Watershed Protection and Partnership Council. Watershed Planning in the Croton System. Sewage Diversion Feasibility Studies. East of Hudson Water Quality Investment Program. Upgrades to Existing WWTPs to Comply with Watershed Regulations. Future Operation and Maintenance Costs at Public WWTPs Upgrades to Future Public WWTPs Required by the Watershed Regulations. Phosphorus Controls in Cannonsville. Forestry Management Program. Public Education. Good Neighbor Payments. Catskill Watershed Corporation Funding. Bridge Reconstruction. State Partnership Programs. (DOS Grants, DEC monitoring and enforcement, EFC loans and contracts, Watershed Inspector General, State land acquisition, WPPC, etc. )

WPPC STRUCTURE AND DUTIES WPPC created “to aid in the protection of drinking water quality and the economic vitality of the Watershed communities. The Council will represent a broad-based diverse group of interests that share the common goal of protecting and enhancing the environmental integrity of the Watershed and the social and economic vitality of the Watershed communities. ” Full Council – 27 members Executive Committee – 16 members Technical Advisory Committee – 14 members Sporting Advisory Committees – (2) – 11 members

WPPC Membership EXECUTIVE COMMITTEE Add for FULL COUNCIL NYS Governor (2 seats) NYC Mayor (2 seats) Commissioner, New York State Department of Environmental Conservation Commissioner, New York State department of Health Commissioner, New York City Department of Environmental Protection Commissioner, New York City Department of Health Region II Administrator, United States Environmental Protection Administration WOH members of the CWC (3 seats) Westchester County Executive Putnam County Executive Environmental Parties (1 seat) Chair of the Watershed Agricultural Corporation New York State Secretary of State NYC Mayor Commissioner of the New York State Department of Agriculture & Markets Commissioner of the New York State Department of Economic Development President of the New York City Economic Development Corporation Temporary president of the New York State Senate Speaker of the New York State Assembly Speaker of the New York City Council Westchester County Executive Dutchess County Executive Environmental Parties (1 seat)

WPPC Duties GENERAL: Serve as a forum for the exchange of views, concerns, ideas, information, and recommendations relating to Watershed protection and environmentally responsible economic development Review and assess efforts undertaken by governments and private parties to protect the Watershed Establish sub-committees as a vehicle for public participation Coordinate with State, City, and federal agencies regarding Watershed protection efforts Catch all/ Information central SPECIFIC: Dispute resolution/Binding arbitration Adjudicate all written objections of any eligible Party, consistent with paragraph 107 (Use of Program Funds) Perform periodic reviews of : The implementation of the Watershed Regulations The Watershed land acquisition program Water quality monitoring programs in the Watershed All Watershed Protection and Partnership Programs The pilot Phosphorus off-set program Oversee the creation of the Croton Plan Review proposed policy, procedures and guidance manuals prepared and/or adopted by the City for the administration of the Watershed Regulations Require and consider a technical report from the Technical Advisory Committee prior to making a recommendation regarding the adequacy of programs to protect water quality Annual Technical Conference

Current areas of effort, challenges, potential visibility-raising events, what’s on the horizon: Formation of East of Hudson Regional Stormwater Entity for MS 4 Compliance We have successfully concluded the signing of three IMA’s forming three cooperative, shared service, regional MS 4 stormwater compliance entities. DOS WQPIGS grants to all three county groups (Westchester, Putnam, and Dutchess) are funding critical initial MS 4 stormwater retrofit planning and implementation activities for the three groups. Established WPPC working groups are used as the local government interface for DEC on this regional initiative. Chairing workgroup to draft Program Rules for disbursement of DEP funds to Watershed Towns for Regional entity formation and Stormwater retrofit costs (FAD deliverable). WPPC will remain as the organizational/administrative entity for this regional initiave.

Current areas of effort, challenges, potential visibility-raising events, what’s on the horizon, continued: The Annual Watershed Science and Technical Conference A State deliverable 2008 conference attracted almost 300 participants The NYC Watershed is home to nearly 1 million inhabitants. This “living watershed” poses unique challenges to the scientists, engineers, managers, legislators, residents and stakeholders working and living within it. The conference brings scientists and technical experts together from across the nation, along with watershed stakeholders and the public, to technically inform, present research findings, share technical data, exchange ideas, and present leading edge information regarding the protection of the NYC system. Unique opportunity to interface with scientists working in similar arenas across the nation, providing an opportunity to transfer technology and increase coordination among the array of entities working with watershed protection science. Submitted abstracts are reviewed by the WPPC Technical Program Committee for technical merit, interdisciplinary utility, as well as temporal and substantive relevance.

Current areas of effort, challenges, potential visibility-raising events, what’s on the horizon, continued: 2009 Conference - Hotel Thayer, West Point, NY – Sept. 14 th and 15 th Current and next conference steps: • Workplan Development • Call for Abstracts – posted on DOS and NYWEA websites, and with • • academic and technical organizations. WPPC TAC reviews abstracts received & selects 36 for presentation WPPC Chairs Technical Program Committee - PDH’s assigned Develop technical Program - NYC DEP “Climate Change” theme (Last year – emerging contaminants) Print Compendium of Abstracts, Conference Brochure, On-site Program Organize Speakers and Presenters Partner with NYWEA for administration Conference Et Ceteras

Current areas of effort, challenges, potential visibility-raising events, what’s on the horizon, continued: Dispute Resolution Three active Disputes Putnam County/NYCDEP regarding the use of East of Hudson Water Quality Funds for Conservation Easement acquisition Town of Patterson/Putnam County regarding the use of East of Hudson Water Quality Funds for SSDS (septic) repair West of Hudson Towns/NYC DEP regarding land acquisition in “Hamlets” NYC Land Acquisition is subject of multi-agency task force – WPPC chair

Current areas of effort, challenges, potential visibility-raising events, what’s on the horizon, continued: Heightened MS 4 Requirements MS 4 “Additional Minimum Measures” in EOH Croton Watershed Currently on committee to draft Westchester County and local statutes mandating septic inspections and maintenance per MS 4 requirements Model ordinance for watershed municipal use – DOS Local Gov expertise Assist with pubic outreach/information sequence Coordinate with Putnam and Dutchess County elected officials and Health Departments

Current areas of effort, challenges, potential visibility-raising events, what’s on the horizon, continued: DOS Planning & Implementation Grants State deliverable NYC Watershed ONLY Formerly Master Planning & Zoning Incentive Award Aids in the development of community development tools and local laws to enhance watershed communities while protecting water quality

DOS Planning & Implementation Grants Development of new or amended local land use regulations or other environmental controls for water quality protection in the NYC Watershed Preparation or updating of a municipal Master Plan or Comprehensive Plan considering land use influences resulting from the New York City Watershed MOA and the need to enhance water quality protection in the Watershed Development of a Stormwater Management Program (SWMP) that includes some or all of the six minimum control measures required for MS 4 Phase II compliance Development of a regional approach or capital improvement program/ management plan to address stormwater management Implementation of water quality enhancement projects and community land use laws, programs and tools.

DOS Planning & Implementation Grants So far: 8 Annual Rounds complete $3. 2 million for 179 projects Next steps: Manage 34 open contracts to completion Execute new MOU with DEC for future suballocations Annual review of RFA to maximize responsiveness to community needs

Contact: William C. Harding Executive Director Watershed Council New York State Department of State 2 John Walsh Boulevard - Suite 206 Peekskill, New York 10566 Phone: 914 -734 -1347 Fax: 914 -734 -1763 william. harding@dos. state. ny. us