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TAMPA BAY NITROGEN MANAGEMENT CONSORTIUM BACKGROUND AND SUMMARY IN SUPPORT OF DECLARATIONFinal NMC Approved Tampa Bay Nitrogen. Management Consortium Declaration 9/11/09 TAMPA BAY NITROGEN MANAGEMENT CONSORTIUM BACKGROUND AND SUMMARY IN SUPPORT OF DECLARATION SUSTAINING T HL- R.EC VER OF THE TAMPA BAY ESTUARY From the uppermost reaches of Old Tarnpa Bay and 1illsborough Bay to the mouth, of the bay at Egmont Key, the Tampa Clay estuary is made up of a variety, of habitats where fish and other wildlife find shelter and food. They range from lush underwater beds of seagrasses, to tidal marshes and mangrove swamps. Abundant and healthy habitatsaare critical to the health of the, bay_. Without'them, Tampa Bay would lack the diversity of fish, birds and other wildlife that contribute to the natural wonder of the region and is essential to its: economic vitality. Submerged seagrass is among the most important habitats because it serves as shelter, nursery, and food source for a diverse variety of species and stabilizes the bay bottom. Restoration of :grass habitat is a priority environmental goal of local government and agency partners ol` the Tampa Bay Estuary Program. The key to restoring seagrass is improving and. then maintaining adequate water clarity that allows light'to penetrate into.. the shallow waters. of the, bay where scagrasses grow. And the. key to maintaining water clarity is preventing excessive nitrogen - a nutrient necessary for plant growth - from entering the bay and stimulating the growth of microscopic algae that cloud the water and prevent` light from reaching the seagrasses. Water clarity in Tampa Bay declined markedly: in the 1950s,. 60s, and 70s as rapid population growth led'to increased discharges of partially treated sewage with large amounts ofnitrogen.. Algae. blooms and fish kills were common and almost 5.0% of seagrass in the bay died off as:a result of insufficient light. Unregulated dredge and fill operations contributed to the problem by further clouding the water. The. year 1979 marked a turning poitit in the condition of the bay when,the City of Tampa upgraded: the Howard F. Curren Plant at Hookers Point to advanced wastewater treatment, which increased nutrient removal and sharply reduced the amount of nitrogen being discharged into the bay. Across the bay, the City of St. Petersburg pioneered the country's first large-scale.reclaimcd wastewater program, reclaiming water for irrigation of lawns. and golf courses rather than discharging it into the bay. The quality of bay waters responded quickly to the sharp reduction in nitrogen loading. Concentrations of chlorophyll - an indicator of the amount of algae suspended in the water - dropped dramatically in all major segments of the. bay between 1982 and 1984. In Hillsborough Bay alone, the average chlorophyll concentrations fell from 37 units of chlorophyll in 1982 to 13 units in 1984. Seagrasses responded more slowly to the improving water clarity, but, expanded to 25,200 acres by .1990 from a low point of 21,600 acres in 1982. Seagrass recovery has continued, and seagrasses in 2008 covered 29,650 acres baywide. Page 1 Final NMC Approved "Pampa Bay Nitrogen Management Consortium Declaration 9/11/09 The Tampa Bay National Estuary Program (N EP) was established in 1991 to help local governments, agencies, and other stakeholders in the Tampa Bay area develop a plan to sustain the recovery of Tampa Bay. The NEP partners adopted a Comprehensive Conservation and Management Plan in December 1996 that included measurable goals for restoring seagrasses.and related targets for reducing nitrogen discharges to the bay. The parties unanimously adopted a "hold the line" target on nitrogen discharges that capped the. load at a level that would ensure adequate water clarity and light to sustain seagrass recovery. Local government. and agency partners in the NEP reinforced their commitment to achieving the goals through an Interlocal Agreement. adopted in 1.998. In August 1996, the NEP's governmental partners joined with key industries in the Tampa Bay mgion'to: create a unique ad-hoc public/private partnership known as the Tampa Bay Nitrogen Management Consortium for the express purpose of developing a. Consortium Action Plan to meet the "hold the line" `target. The original Action Plan consisted of more than 100 projects that collectively reduced`or precluded nitrogen discharges to the bay by an estimated 134 tons/year between 1995 and `1999. The Action Plan, entitled Partnership for Progress; was the core of a larger nitrogen management strategy that included: the baywide seagrass restoration/preservation ,goal; chlorophyll and nitrogen reduction targets for each major bay, segment; apportionment of responsibility, for.meeting the nitrogen reduction targets; and a. process to track whether. the targets "were. being: met, In November 2002, the Florida Department. of Environmental Protection (FDEP) concluded that the Tampa Bay Nitrogen Management Consortium's nitrogen management strategy provided reasonable. assurance that the state water quality criteria for nutrients would be met. The U.S. Environmental Protection Agency (EPA) in the meantime continues to recognize a 1998 action _by FDEP that proposed ;a total maximum load ("federally-recognized TMOV ) of nitrogen that could be discharged to the bay .annually and still meet state water quality standards related to. nutrients, Both F'DEP's: reasonable assurance determination and the total maximum nitrogen loading. recognized by EPA are based on statistical modeling and data analyses done: by the Tampa Bay Estuary Program and. its partners. In 2007, additional local governments, industries and agencies located within the Tampa Bay watershed were invited to.become participants in the Consortium, to help develop and.: implement a collaborative watershed approach to nitrogen management for Tampa Bay and to meet regulatory requirements of FDEP and EPA. A total of 49 entities now actively participate in the Consortium. Additional background on the history of the Tampa Bay nitrogen management strategy can be found in Exhibit "A". The remarkable recovery of the Tampa Bay ecosystem after decades of decline is unprecedented, among urban estuaries worldwide. The rebound in water quality and ecological health ofthe bay seven more remarkable in light of the strong population growth during the recovery period. Page 2 Final NMC Approved Tampa Bay Nitrogen Management Consortium Declaration 9/11/09 FDEP, EPA, and the. Consortium want to continue the success of the collaborative nitrogen management strategy spearheaded by the Consortium. At the same time the regulated members of the. Consortium recognize the duties of FDEP and EPA to administer the environmental regulations for which they are responsible and that FDEP and EPA have indicated they may not issue discharge permits without limitations that ensure compliance with the total maximum rtitrogeri load recognized by EPA. In '1998, USEPA approved a. Total Maximum Daily Load (TMDL) for nitrogen for Tampa Bay as is required by Section 303(d) of the federal Clean Water Act. In. 2007, USEPA and FDE P advised the-Nitrogen . Management Consortium that existing and future surface water discharge permit limits for entities discharging to Tampa. Bay must not cumulatively exceed the federally- recognized TM DL for nitrogen loading, and that no new or renewed permits would be approved until facility-specific allocations consistent:with the TMDL were developed. In December 2007H the. Nitrogen Management Consortium proactively committed to develop an. equitable process and define suggested allocations to all sources through the 2009 Tampa Bay Reasonable Assurance Addendum. To help ensure continued recovery of vital seagrass habitat and the successful nitrogen management'strategy that makes it possible, local governments, agencies; and industry. participants of the Nitrogen Management Consortium worked together over 18 months-to provide FDEP with an updated reasonable assurance document, ensuring that state water quality criteria .for nutrients will continue to 'be met in the bay. The participants developed. a set of nitrogen wasteload allocations that attempts to equitably distribute the burden of nitrogen management :across all sectors and sources of nitrogen. loading within the basin, as well. as the total maximum loading of nitrogen to each major bay segment. Page 3 Final NMC Approved Tampa Bay Nitrogen Management Consortium. Declaration 9/11/09 DECLARATION OF THE TAMPA BAY NITROGEN MANAGEMENT CONSORTIUM PARTICIPANTS IN THE TAMPA BAY NITROGEN MANAGEMENT CONSOWI-IUM DECLARE TFiE1R INTENT TO IMPLEMENT THE 2009 TAMPA BAY REASONABLE. ASSURANCE ADDENDUM AS FOLLOWS TO ENSURE CONTINUING RECOVERY OF THE TAMPA BAY ESTUARY: The undersigned Consortiums participant (City of Clearwater) hereby accepts the 2009 Tampa. Bay Reasonable Assurances Addendum. and agrees with the undersigned Consortium pa . icipant's nitrogen load allocations established by the Consortium for the 2009-2012 Reasonable Assurance period (as described in Exhibit "A"), This Declaration shall take effect as to the undersigned Consortium participant executing this document upon its date of execution. Page 4 Final NMC zApproved Tampa Bay Nitrogen Management Consortium Declaration, 9/11109 The undersigned entity (City ` of Clearwater) hereby approves the TAMPA BAY NITROGEN MANAGEMENT CONSORTIUM Declaration and attachments. Countersigned: CITY OF CL ;ARwxr R., ,LORIDA Xxu?. 4A1, Frank Hibbard Williarn,8. Hornet! Mayor City Manager Approved as to form:. &,,, .- `),/ L?J-, I-N- a K. Dougall- i s Assistant City Atto. Attest: T E d Chia E. Goudeau Ci lerk e_Z&La ; Page 5 Final NMG Approved Tampa Bay Nitrogen Management Consortium lleclar tion 9/11109 EXHIBIT "A [Final 2009 Reasonable Assurance. Addendum: A] location & Assessment :Report] This 400+ page document can be viewed utilizing the Iink below; i C AP OY 009 IAA d endurn Table VII-1 Old Tampa Bay Load Allocations, as found in the above referenced report is attached. .Page 6 Final NMC Approved Document September 11, 2009 Table VII=1; Proposed nitrogen load allocation tableJor Old Tampa Bay. SW-Surface water discharge allocation, RE=Reuse discharge allocation, 5-yr Annual Average Allocation Entity Source Proposed Set Allocations ton. ear Proposed Remaining Source Allocation of Remainin Load % Cheval West MS4 01% MS4 2.7% ^ Point Source - Clearwater East SW 9.3 Point Source - Clearwater East RE Clt of Clea w t 0.1 y r a er Point Source - Clearwater Northeast SW 16'6 Point Source - Clearwater Northeast RE 1.1 Heritage Harbor NPS 0:2% MS4 23.3% Point Source - Dale Mabry SW 7.4 Point Source- Dale Mabry RE 2.8 Point Source- Northwest Regional Hillsborough County SW 2.9 Point Source - Northwest Regional RE 5.5 Point Source - River Oaks SW. 13.4 Point Source- River Oaks RE 1.6 Point Source -flan byke'RE 0.8 MS4 1.4% City of Largo Point Source - Largo SW 16.4 Point Source - Largo RE 2.6 MacDill Air Force Base MS4 0,11% MS4 1.4% City of Oldsmar Point Source -- Oldsmar SW 2.7 Point Source - Oldsmar RE 0.5 On Tap of the World Point Source - On Top of the World RE 0-5 Palm Bay NPS <0A% Park Place NPS 0 1 ", Pasco County MS4 0.4% MS4 14.7°/a Pinellas County Point Source - W.E. Dunn RE 2.3 Point Source - Bridgeway Acres SW 1.2 City of Pinellas Park MS4 1.0% 49 Final NMC'Approved Document September 11, 2009 Table VII-1 (continued): Old Tampa Bay proposed allocations. 5-yr Annual Average Allocation Entity Source Proposed Set Allocations tons ear Proposed Remaining Source Allocation of --Remaining Load eh City of Safety Harbor MS4 City of St. Petersb r M54 7 „ 0.9% u g Point Source - St. Pete Facilities EE 4.7 'Stonebriar NPS U% City of Tarpon Springs MS4 0,4% City of Tampa MS4 5.3% Westchase NPS ..•:{ ; Westchase East NPS. 0.401. Non-MS4/Non-Ag NPS 2.6 Atmospheric Deposition 33,60/6, Other (Groundwater, Springs, Conservation 3,6% FDACS (Agriculture) 6.1% Small Sources 1.0 Total 93.3 100 50