City of Alexandria, Virginia
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MEMORANDUM
DATE: OCTOBER 16, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
THROUGH: JAMES F. PARAJON, CITY MANAGER /s/
FROM: ADRIANA CASTAÑEDA, DIRECTOR, TRANSPORTATION AND ENVIRONMENTAL SERVICES
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Consideration of a Request to Approve the Phase 3 Chesapeake Bay Total Maximum Daily Load Action Plan for 100% Compliance for Submittal to Virginia Department of Environmental Quality.
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ISSUE: The City of Alexandria is required to submit the Phase 3 Chesapeake Bay Total Maximum Daily Load (TMDL) 100% Action Plan to the Virginia Department of Environmental Quality (VDEQ) by November 1, 2024, to comply with the City’s Municipal Separate Storm Sewer System (MS4) general permit.
RECOMMENDATION: That City Council:
1. Approve the submission of the Phase 3 Chesapeake Bay TMDL 100% Action Plan; and
2. Authorize the City Manager to execute the necessary documents that may be required.
BACKGROUND: In an effort to clean up the Chesapeake Bay, localities such as the City of Alexandria have been given targets for reducing nitrogen, phosphorus, and sediment. These goals are enforced through the City’s General Virginia Pollution Discharge Elimination System (VPDES) Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4) through the implementation of Water Quality Best Management Practices (BMPs) within three, five-year cycles beginning with the 2013 - 2018 MS4 general permit. The 2013 - 2018 MS4 general permit required the City to meet 5% of the targeted reduction. The subsequent 2018 - 2023 MS4 general permit required an additional 35% be met of the targets for a total 40%. Given the increasing requirements in these successive permits, the City adopted an internal policy to exceed the early requirements to be ahead of the mandatory targets for each cycle, including this last permit cycle. As a result, the City achieved the 40% reduction requirements in the 2018 - 2023 MS4 general permit well ahead of schedule, and met over 70% of the reduction targets by the end of the 2018 - 2023 MS4 general permit cycle. In September 2019, City Council approved submission of the City’s Phase 2 Chesapeake Bay TMDL 40% Action Plan.
The City’s current 2023 - 2028 MS4 general permit requires the City to develop and implement the “Chesapeake Bay Total Maximum Daily Load (TMDL) Action Plan for the remaining 60% Compliance” to meet 100% of the reduction targets by June 30, 2028. This Phase 3 Action Plan must be submitted to VDEQ by November 1, 2024.
DISCUSSION: Given the City’s more aggressive internal goals to outpace the targets in the MS4 general permit, the City has already exceeded 100% of the required phosphorus reduction targets and reached 80% of the nitrogen reduction targets. The Phase 3 Action Plan considers the completion of the Landmark Mall Redevelopment, the North Potomac Yard Redevelopment, and the typical annual redevelopment that would be completed prior to June 30, 2028, to meet the Phase 3 deadline. By taking into consideration these redevelopment projects, only 8% of the nitrogen target remains to be achieved using the specific strategies discussed below. This will include implementation of BMPs and the application of pollution reduction credits through bi-lateral trading for any remaining gap. Sediment reduction targets were removed from the 2023 - 2028 MS4 general permit VDEQ; therefore, is not included as part of the Phase 3 Chesapeake Bay TMDL Action Plan. However, the City has also surpassed 100% of the sediment reduction target with current reductions.
The Phase 3 Chesapeake Bay TMDL Action Plan is cumulative and builds on the 5% reductions required in Phase 1 Action Plan and the 35% reductions required in Phase 2 Action Plan to require 100% of the target reductions by June 30, 2028. The Phase 3 Chesapeake Bay TMDL Action Plan identifies strategies to comply with 100% of the pollution reduction targets for nitrogen and phosphorus in the MS4 general permit reductions. Similar to Phase 1 and Phase 2 Action Plans, the Phase 3 Action Plan includes potential strategies to take advantage of changes in technologies, site conditions, and emerging opportunities that form a comprehensive, “all of the above” approach.
The City’s primary strategies to meet the Phase 3 requirements include:
• Redevelopment: Projects must implement stormwater BMPs to meet the state requirements, as incorporated into the City’s Zoning Ordinance, as well as the City’s more stringent stormwater quality requirements in the Zoning Ordinance. Because of these requirements, the City has made great strides in exceeding the target reductions for each phase. While all redevelopment counts towards the required target reductions, two noteworthy redevelopment projects scheduled to be completed for Phase 3 will have a significant impact in these reductions, the projects include the Landmark Mall Redevelopment and North Potomac Yard Redevelopment.
• BMP Retrofits: Identification of opportunities to install Green Infrastructure BMPs on City property and within the City Right-of-Way, and potential regional facilities that treat multiple properties.
• Urban Stream Restoration: In December 2023 the Lucky Run Stream Restoration project reached substantial completion. The pollution reduction credits achieved through this project are included in the Phase 3 Chesapeake Bay TMDL Action Plan which covers FY24 - FY28. This project helps to reduce nitrogen and phosphorous from entering the Chesapeake Bay, provides bank stabilization, protects an exposed sanitary sewer pipe, and includes native plantings to help further stabilize the area and create habitat.
• Bi-Lateral Trading: The City and Alexandria Renew Enterprises (Alex Renew) entered into an agreement (the “Outfall Transfer Agreement”) which state that any annual reductions in nitrogen, phosphorus, and sediment achieved with the River Renew project above annual reductions needed by Alex Renew may be used by the City towards Chesapeake Bay TMDL targets in the City’s MS4 general permit. Integrating these two water quality efforts will create efficiencies for capital investments and facilitate the use of sustainable and comprehensive solutions to minimize the overall additive cost to the City ratepayers that bear sanitary sewer costs to implement the RiverRenew project and pay the Stormwater Utility fee.
Per the MS4 2023-2028 General Permit (Part II, Section 13), the City is required to provide an opportunity for public comment on the additional BMPs proposed in Phase 3. The City complied with this permit requirement by advertising the draft Phase 3 Chesapeake Bay TMDL Action Plan for 100% Compliance for public comment from August 29, 2024, to September 16, 2024, and responses submitted during that period were considered and incorporated into the plan as applicable.
FISCAL IMPACT: As noted above, the City has surpassed the cumulative Phase 3 target reduction goals for phosphorus and about 8% of the goal remaining for nitrogen. Prior year funding and funding in the currently approved 10 Year (FY 2025 to FY 2034) Capital Improvement (CIP) derived from the City’s Stormwater Utility Fee revenues as well as potential State grant revenues will allow the City to achieve the remaining reductions by the end of Phase 3 (June 30, 2028). No additional funding beyond what is already in the City’s 10 CIP is contemplated at present to meet the Action Plan goals and pollution reduction compliance targets in the City’s MS4 general Permit.
ATTACHMENTS:
1. Phase 3 Chesapeake Bay Total Maximum Daily Load (TMDL) Action Plan for 100% Compliance
2. Public Comment and Response Table
3. Presentation
STAFF:
Emily A. Baker, P.E., Deputy City Manager
Alicia Wright, Acting Assistant Director, Administrative Services, T&ES
William J. Skrabak, Deputy Director, Environmental Services, T&ES
Jesse E. Maines, Division Chief, Stormwater Management, T&ES