WV DEP issuing consent orders for sewage plants

Martinsburg ordered to reach milestones complying with Chesapeake Bay restoration program

June 29, 2011

By John McVey, Journal staff writer , journal-news.net

MARTINSBURG - In anticipation of wastewater treatment plant operators having to meet Chesapeake Bay restoration mandates, the Division of Water and Waste Management of West Virginia's Department of Environmental Protection has issued draft consent orders to jurisdictions in the Eastern Panhandle.

The city of Martinsburg got its draft consent order June 16 and it states quite bluntly that the city's sewer treatment plant must be in compliance with the new pollution-control requirements by "no later than the 31st day of December 2015" and lays out a set of compliance milestones that Martinsburg's plant must meet, beginning Sept. 30.

"Generally, this is a step the state is taking with wastewater treatment plants in the Chesapeake Bay watershed to help get them in compliance with the EPA requirements," Kathy Cosco, DEP chief communications officer, explained in a telephone interview Tuesday.

It does not mean Martinsburg's sewer treatment plant is in violation of its permit, she added, only in regard to the new limits EPA has put on nitrogen and phosphorus pollution.

West Virginia was charged last year by the U.S. Environmental Protection Agency, under authority of an executive order, with developing ways to reduce nutrient, that is nitrogen and phosphorus, and sediment pollution getting into the bay via the Potomac River - one of the bay's major tributaries.

The greater, eight-county Eastern Panhandle is in the Potomac River watershed.

EPA's so-called pollution diet set new, strict limits on nutrient and sediment pollution for each of the six states in the Chesapeake Bay watershed and District of Columbia.

The West Virginia DEP and other state agencies with the help of a couple outside agencies submitted the first phase of a watershed implementation plan to the EPA last year that outlines the state's strategies to get nutrient and sediment pollution down to the EPA's limits.

EPA's new requirements target wastewater treatment plants, agricultural operations and stormwater runoff.

The first milestone deadline is about three and a half months away and requires Martinsburg to "submit a progress report which identifies the actions ... taken and any additional actions that will be taken that will result in compliance with the final effluent limitations for total nitrogen and total phosphorus," according to the draft consent order.

There are incentives included in the order for Martinsburg to meet the compliance milestones, such as a fine of $200 a day for not reaching a deadline on time.

When the draft order is finalized, there will be a public comment period.

Martinsburg has been anticipating the consent order and already has taken steps to comply with the EPA's Chesapeake Bay restoration mandates, City Manager Mark Baldwin said in a telephone interview Tuesday.

"We have a facilities plan and we're gathering information to apply for funding under SB245," he said. "We've been preparing. We're ahead of the curve."

SB245 is state Senate Bill 245, which state Sen. Herb Snyder, D-Jefferson, shepherded through the last legislative session. It sets aside surplus lottery revenues for upgrading existing sewer treatment plants or constructing new plants in the Eastern Panhandle so the facilities can meet EPA's pollution diet requirements.

Applying for SB245 money is one of the milestones listed in the order.

Officials have estimated that it will cost $45 million to bring Martinsburg's sewer treatment plant in compliance with the new pollution limits.

"We haven't agreed to the consent order yet, not until we fully understand it," Baldwin pointed out. "We've submitted a letter requesting a meeting with DEP to discuss some items."

City officials want to make sure the milestones in DEP's order line up with other programs, he said. A meeting date has not yet been set.

"We expect good discussions - we just want to make sure we're on the same page," Baldwin said.

Supreme Court sides with PSC

Ruling limits Jefferson Utilities Inc. to 4.4 percent water rate increase

June 25, 2011

By Matt Armstrong - Journal Staff Writer , journal-news.net

CHARLES TOWN - The West Virginia Supreme Court of Appeals issued a ruling this week affirming a decision by the state's Public Service Commission that impacts more than 2,000 Jefferson County residents.

The court affirmed the PSC's February decision to grant Jefferson Utilities Inc. a 4.4 percent increase in its water rates.

JUI, a utility company owned by Lee Snyder, provides service to approximately 2,196 customers in Jefferson County. It filed for a water rate increase on June 30, which would have represented an increase of roughly 72.2 percent before the application of a previously approved $12 monthly surcharge.

The PSC's Water Utility Cost Ranking as of June 17 lists JUI's rates at $53.99 per 4,000 gallons of water, the 13th highest rate in the state.

A recommended decision on the case, issued by a PSC administrative law judge on Jan. 7 following a two-day public hearing on the matter in Ranson last year, called for a 22.4 percent rate increase, but the PSC approved the lower increase of 4.4 percent. Snyder and JUI appealed the decision, alleging an error by the PSC.

"In this appeal, JUI contends that the Commission erred by rejecting the 22.4 percent rate increase recommended by the administrative law judge," the court's ruling read. "Upon consideration of the briefs and oral argument, as well as the submitted record and pertinent authorities, the final order of the Commission is affirmed.

"Upon careful review of the record submitted to this Court and upon of the applicable law, we find no clear error," the ruling continued. "The Commission's decision is not arbitrary or the result of a misapplication of legal principles. Rather ... the Commission's order is supported by substantial evidence in the record."

The reason for JUI's requested rate increases has been so that the company does not lose money in the process of providing water service, according to what Snyder has said in the past. Snyder could not be reached through his office or by e-mail to comment for this article Friday.

"I would characterize there being no justice in it," Snyder told The Journal in a Feb. 23 article after the PSC granted JUI the 4.4 percent rate increase. "We'll just continue what we've done for 13 years, lose money."

Citizens for Fair Water, a grassroots group comprised of Jefferson County residents, was organized to protest JUI rate increases last year.

"We're very happy that the Supreme Court upheld the decision, and we feel that they made the right decision on behalf of the citizens," said organization president Craig Daniel in a phone interview Friday.

Commissioner blasts Jefferson service district

Gus Douglass wants board to not intervene on side of EPA

June 17, 2011

By John McVey, Journal staff writer , journal-news.net

MARTINSBURG - West Virginia Commissioner of Agriculture Gus Douglass has sent a scathing letter to the board of the Jefferson County Public Service District lambasting it for joining on the side of the U.S. Environmental Protection Agency in a lawsuit brought by the American Farm Bureau Federation, opposing the EPA's Chesapeake Bay restoration program.

The PSD's board voted unanimously at its May meeting to join with the Chesapeake Bay Foundation and other groups to intervene in support of the EPA in the Farm Bureau's suit against the federal agency.

EPA has ordered the six states in the Chesapeake Bay watershed to drastically reduce the amount of nutrient, that is nitrogen and phosphorus, and sediment pollution getting into the bay through its tributaries.

The Potomac River is a major tributary to the bay, and the greater, eight-county Eastern Panhandle is in the Potomac River basin.

EPA's new pollution limits target agricultural operations, wastewater treatment plants and stormwater runoff.

Joseph A. Hankins, JCPSD president, told The Journal in an earlier interview that if new pollution limits imposed on agricultural operations are weakened because of the Farm Bureau's lawsuit, the PSD fears that wastewater treatment plant operators would be required to account for the difference in the pollution limits set by the EPA.

"Our concern is to make sure that everybody does their share," he said earlier.

In his letter, Douglass singles out Hankins.

"I am even more disappointed to see JCPSD President Joseph Hankin's (sic) comments in ... The Journal implying that West Virginia's family farmers have not done their fair share to protect water quality in the Chesapeake Bay watershed," Douglass writes.

"He is either badly misinformed about their conservation efforts, or chooses to set rural and urban West Virginians against each other," he continues.

Douglass concludes his two-page letter with "I respectfully request that the JCPSD reconsider its position as the only public service district in the state to join in this lawsuit, and to publicly affirm its support of agriculture, both as an economic driver and as a protector of the natural resources on which we all rely."

The National Association of Clean Water Agencies also has requested to intervene on the side of the EPA. NACWA members include wastewater treatment operators across the country including JCPSD and the Morgantown Utility Board, according to its website.

Douglass announced earlier that he would not seek re-election next year to his 12th term as commissioner of agriculture. His current term expires at the end of 2012.

Hankins was out of town Thursday and unable to comment, but he sent an email to The Journal with the following statement: "Our Board is aware of the letter and will be making a thoughtful and factual response back to Secretary Douglass. We'll have a comment then."

- Staff writer John McVey can be reached at 304-263-3381, ext. 128, or jmcvey@journal-news.net

Region 9, Freshwater Institute unveil bay resource

New online toolbox provides restoration solutions for the Chesapeake Bay watershed in the Panhandle

June 16, 2011

MARTINSBURG - The Eastern Panhandle of West Virginia, a region significant within the state for its impact on the Chesapeake Bay, now has a new resource to utilize when addressing water quality and development issues.

The Panhandle Low Impact Development Toolbox atwww.region9wv.com/bay provides useful information and integrated solutions for local governments, residential developers and homeowners of the Eastern Panhandle.

"The brand new Eastern Panhandle Low Impact Development Toolbox will help citizens clearly understand the important issues concerning the Chesapeake Bay and provide an enormous amount of helpful resources to deal with these pressing issues," Carol Goolsby, executive director of the Eastern Panhandle Regional Planning & Development Council-Region 9, said about the website.

Created by The Conservation Fund's Freshwater Institute in collaboration with the Virginia Water Resources Institute, the website addresses innovative strategies for local governments and citizens as they work together under recent government mandates to maintain and strengthen local waters and ultimately the Chesapeake Bay.

Funding for this project was provided by the Fish and Wildlife Foundation's Targeted Watershed grant for Run "Meeting Regional Goals through Local Benefits" and the Department of Environmental Protection's Chesapeake Bay Implementation Grant, with technical assistance provided by Region 9.

"Packed with loads of useful tools targeting local governments, developers and homeowners to be better caretakers of our environment, the careful research, time and dedication of The Conservation Fund's Freshwater Institute and the West Virginia Water Resources Institute is obvious in the detail and scope of this site and its many resources and links. Region 9 commends this impressive effort," Goolsby said.

The information found on this new website links to Smart Growth resources, model stormwater ordinances, septic system management, karst management, technical and financial resources and databases for local governments.

Area developers can find out how to lower infrastructure costs, while still protecting the environment. Homeowners can get an understanding of how to make responsible choices in their daily lives and day-to-day activities that ultimately affect the Chesapeake Bay watershed's ability to provide clean water, support aquatic life and protect public health.

"We are proud to provide this suite of options for local communities facing the need to develop locally beneficial strategies for Chesapeake Bay compliance," said Michael Schwartz, senior environmental associate of The Conservation Fund's Freshwater Institute. "There is something for everyone for improving how the developed landscape affects water quality."

Regional wetland study planned

20 to 22 sites in Berkeley, Jefferson counties will be examined in the study

June 9, 2011

By John McVey, Journal staff writer , journal-news.net

MARTINSBURG - A study of nearly two dozen wetlands in Berkeley and Jefferson counties will get under way soon, and the first two are just outside Martinsburg.

Two adjacent wetlands east of Green Hill Cemetery and squeezed between East Burke Street and CSX railroad tracks will be the first areas examined as part of the study of wetlands throughout the area, Patti Faulkner explained in a telephone interview Wednesday.

She works for the West Virginia University Division of Forestry Environmental Research Center, which is doing the study for the West Virginia Division of Natural Resources.

DNR wants the study done to validate its Wetland Rapid Assessment Procedure, Walt Kordek said in a telephone interview Wednesday.

Stationed in Elkins, he is assistant chief for wildlife diversity and technical support of the DNR.

The state Department of Environmental Protection must report to the U.S. Environmental Protection Agency the condition of wetlands in West Virginia under the U.S. Clean Water Act, Kordek said.

"Over the past couple of years, we have randomly sampled wetlands across the state and extrapolated the results, applying them to all wetlands, of which there are 50,000," he said. "But we need to validate that against a long-term study, and that's where Patti Faulkner comes in."

There are 16 different functions performed by wetlands that the study will look at, such as nutrient filtration, sediment retention, flood control, animal habitat and biodiversity, he said.

"The data will show how wetlands are functioning," Kordek added.

How a wetland functions is key to the mitigation process if development impacts a wetland, he said.

"It's not acre for acre anymore," Kordek said. "Now, you have to replace the function. If you have a highly functioning wetland for flood attenuation, you have to replace that function. So, we have to measure the function and that's why we need to do the validation study."

Seventy-five percent of the $60,000, three-year project is funded by the U.S. Environmental Protection Agency, and the state is covering the balance of the costs, Kordek said.

Faulkner said that most of the sites in the study are small and on private property. The two wetlands off Burke Street are a forested floodplain through which the Tuscarora Creek flows and an emergent area with plants, grasses and sedges.

A small part of the study area is on Martinsburg city property, and Faulkner needs to get permission from the city to do the study on that land. She is on the agenda for today's City Council meeting.

Some of the work Faulkner will be doing at the sites include sticking metal rods into the stream bank to determine the amount of erosion by measuring how much of the rod is exposed and laying ceramic tiles in the wetland and measuring how much sediment builds up on the tiles to determine sediment input.

The study will run through December 2012, she said.

"We'll have one entire growing season," Faulkner said.

Blue Ridge water project to move ahead

June 3, 2011

By Matt Armstrong, Journal Staff Writer , journal-news.net

CHARLES TOWN - The Jefferson County Commission voted to endorse two grant proposals brought before it by the Blue Ridge Watershed Coalition Thursday morning.

The coalition, formed several years ago, is trying to find ways to deal with water problems on the Blue Ridge Mountain, such as stormwater management and road maintenance issues, said BRWC Chair Ronda Lehman.

"What we are looking at is developing a plan which, in the long run, will make us eligible for further federal funding through different areas," Lehman said. "We want to take advantage of all the (federal) EPA funding that's out there because of the Chesapeake Bay watershed. It just so happens that everything we fix on the mountain will have a positive effect on the Chesapeake Bay."

Mountain resident John Maxey, a board member with the BRWC, told the commission that the organization hopes to follow a previous $30,000 planning grant. It allowed the coalition to establish a Common Vision document and an engineering report on the mountain's problems, which the commission helped the BRWC obtain.

"That was a very successful program. ... What we're hoping to do is not let those reports just sit," Maxey said. "We want to take advantage of the recommendations that were made."

The commission also approved allocating county money to provide required matching funds for the two grants the BRWC is applying for, if the grants are awarded to the organization. One grant would need a $10,000 in-kind contribution from the county and the other a $7,500 match from the county.

"I see this as the one way we might be able to at least address two or more of those projects for those individuals that are having to live with steep roads and washouts every time it rains," said Commissioner Dale Manuel during the meeting.

Commissioner Patsy Noland added that this program will be an important step to help address some of the various infrastructure problems on the Blue Ridge Mountain.

If the BRWC receives the grants, it will be able to determine a watershed plan that it will seek to implement within the near future. As the process moves forward, Lehman said Blue Ridge Mountain residents will continue to have input on the direction of the program.

"Our group is about working for the residents on the mountain. ... They feel that they have been sort of abandoned and ignored," Lehman said. "It seems like we don't see a whole lot happen on our side of the river, and we aim to fix that. We want to do what the people want, what they want fixed."