Appendix Brandywine-Christina Water Fund
Date
2013-02
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Abstract
The USEPA requires 57 local governments in both states to restore Brandywine Christina streams to fishable and swimmable standards through the Total Maximum Daily Load (TMDL) and NPDES Municipal Separate Storm Sewer (MS4) provisions of the Federal Clean Water Act. Watershed-based TMDLs are imposed through Section 303 of the CWA while political boundary-based NPDES MS4 permits are issued under Section 402 of the CWA. The 2006 Brandywine Christina high flow TMDL mandates reductions in bacteria by 29% to 93%, sediment by over 50%, and nitrogen and
phosphorus reductions by up to 75% by implementing NPDES MS4 permits in Delaware and Pennsylvania (Table 1). They states are addressing TMDLs through the Christina Basin TMDL Implementation Plan (CTIP) led by the Brandywine Valley Association and Chester County WRA and the Christina Basin Pollution Control Strategy (PCS) led by the Delaware DNREC and University of Delaware.
A water fund offers the potential to provide economic incentives to comply with the TMDL and NPDES MS4 requirements of the Federal Clean Water Act. Watershed funding options have regulatory and political challenges as the Commonwealth of Pennsylvania has a local municipal-based form of government and the State of Delaware has a county-based government. The MS4 NPDES permits are municipal-based and TMDLs are watershed-based however the disconnect between these two Clean Water Act mandates may be overcome by the incentives provided by a water fund.