The Delaware River Basin Commission (DRBC) is an interstate/federal agency created in 1961 by compact legislation signed into law by President John F. Kennedy and the governors of the four basin states with land draining to the Delaware River. The passage of this compact marked the first time in our nation’s history that the federal government and a group of states joined together as equal partners in a river basin planning, development, and regulatory agency. The Delaware is the longest un-dammed river east of the Mississippi, extending 330 miles from the confluence of its East and West branches at Hancock, N.Y. to the mouth of the Delaware Bay where it meets the Atlantic Ocean. The river is fed by 216 tributaries, the largest being the Schuylkill and Lehigh Rivers in Pennsylvania. In all, the basin contains 13,539 square miles, draining parts of Pennsylvania, New Jersey, New York, and Delaware. Included in the total area number is the 782 square-mile Delaware Bay, which lies roughly half in New Jersey and half in Delaware. Nearly 15 million people (approximately five percent of the nation’s population) rely on the waters of the Delaware River Basin for drinking and industrial use, but the watershed drains only four-tenths of one percent of the total continental U.S. land area. The 15 million figure includes about seven million people in the New York City area and northern New Jersey who live outside the basin. New York City gets roughly half its water from three large reservoirs located on tributaries to the Delaware. This publication covers calendar years 2004 and 2005, and was produced by the DRBC’s Communications Office, with the valuable assistance of numerous commission staff. It is available on the commission’s web site atwww.drbc.ne t. Copies are available upon request by contacting the DRBC (P.O. Box 7360, West Trenton, NJ 08628; 609-883-9500).

About the cover: This photo shows Delaware Governor Ruth Ann Minner addressing elected and environmental leaders along with other interested watershed stakeholders at an event held in Wilmington on Sept. 13, 2004 to celebrate the completion of the Water Resources Plan for the Delaware River Basin (“Basin Plan”). Also pictured (from left to right) are Joe DiBello (National Park Service), Donald S. Welsh (U.S. EPA, Region III), Jane M. Kenny (U.S. EPA, Region II), Brigadier General Merdith W.B. Temple, (DRBC Federal Representative), New Jersey DEP Commissioner Bradley M. Campbell (Governor McGreevey’s alternate on the DRBC), Pennsylvania Lieutenant Governor Catherine Baker Knoll (representing Governor Rendell), and New York State DEC Division of Water Assistant Director Fred R. Delaware River Basin Commission DELAWARE NEW JERSEY Nuffer (Governor Pataki’s alternate on the DRBC and commission chair). Additional information about the PENNSYLVANIA NEW YORK Basin Plan can be found on page eight of this report. (Photo courtesy of the U.S. Army Corps of Engineers) UNITED STATES OF AMERICA A morning view of the fog rising over the Delaware River at Narrowsburg, N.Y. (Photo by David B. Soete, October 2004)

Contents Executive Director’s Message ...... 2 Signatory Members ...... 4 Delaware Pennsylvania New York New Jersey Federal Government Commission Officers Commission Staff...... 6 Welcome Aboard Retirements Promotion Staff Goodbyes Other Noteworthy People News Basin Plan Officially Adopted in September 2004...... 8 Hydrologic Summary ...... 10 2004: An Active Second Half Includes an Unwelcome Visit from Ivan 2005: A Year of Severe Flooding and a Drought Close Call Interim Fisheries Protection Program Approved in 2004 ...... 14 DRBC’s Water Quality Initiatives ...... 16 Lower Delaware Designated as Special Protection Waters Commissioners Establish Innovative New Rule to Reduce PCB Levels Spills on the Delaware ...... 18 Athos I Oil Spill PPL Fly Ash Release Basin News Briefs ...... 20 50th Anniversary of Supreme Court Decree Delaware Estuary News Pennsylvania Act 220 Water Resources Planning Interstate Flow Management Strategy Report Issued International Interest in the DRBC Continues NPS Director Experiences the Delaware A Whale of a Tale DRBC Awards Project Application Status Web Page Financial Summary: Cumulative Federal Shortfall Expected to Top $6 Million ...... 23 Map of the Delaware River Basin...... 24  Executive Director’s Message By Carol R. Collier

As I look back on the two years commissioners also set a goal of covered in this publication, several very reducing PCB loadings by 50% in important accomplishments rise to the five years. top of the long list of activities and projects carried out by the Delaware Over this two-year period, the River Basin Commission: Delaware River Watershed also witnessed firsthand the effects of • The September 2004 signing natural and man-made events that ceremony in Wilmington, Del. triggered intensive responses from marking the completion of the federal, state, and local government four-year process to develop the agencies, including the DRBC, and “Water Resources Plan for the continue to require our collective Delaware River Basin,” a 30-year, attention in seeking better ways to goal-based framework that will protect the public and our water serve as a guide for all governmental resources. During September 2004 and non-governmental stakeholders and April 2005, the main stem whose actions affect water resources Delaware experienced the worst in the basin. flooding since the historic high water levels witnessed fifty years ago • In a collaborative effort to protect during August 1955. Two significant the tailwater fisheries below pollution incidents – the November New York City’s Delaware River 2004 Athos I oil spill and the August Basin reservoirs, and after years 2005 PPL fly ash incident – reminded of intensive negotiations, a three- us that our river has many users year interim program to provide existing side-by-side, and that we must additional water for fisheries be ever vigilant to protect it for the protection was approved by the benefit of all. DRBC in April 2004. Unfortunately, our continued efforts over 2004 and 2005 to educate the • Based on water quality data U.S. Congress about the unique, vital collected from 2000 through 2004, role played by the DRBC and the need the DRBC in 2005 temporarily to restore the federal government’s classified the 76-mile stretch of the 20 percent contribution towards non-tidal lower Delaware River the commission’s annual operating between the Delaware Water Gap budget proved unsuccessful. With no National Recreation Area to the federal contribution in sight during head of tide at Trenton, N.J. as the DRBC fiscal year that began on Special Protection Waters (SPW). July 1, 2005, the cumulative federal The entire 197-mile non-tidal shortfall is expected to grow to $6.4 Delaware River is now covered by million, more than the size of the the DRBC’s SPW anti-degradation commission’s annual operating budget. regulations intended to “keeping the We are grateful to the members of the clean water clean.” basin’s congressional delegation who have tried to restore federal funding. • The DRBC unanimously adopted We also thank the many individuals a rule in May 2005 to establish and organizations who have contacted “pollutant minimization plans” for their federal legislators on our behalf. point and non-point discharges of DRBC staff accomplished much PCBs in the Delaware Estuary. The during 2004 and 2005, as will be

 explained in this report, but we would levels of government, especially on the range of conditions, not have been able to do more if federal municipal government. averages. funding had been restored. As we work together to achieve the • Downstream water suppliers are • We do not know all the answers. goals and objectives contained in the dependent on the actions of other A strong base of science is needed 30-year basin plan – thereby protecting upstream users. to support good decision making. our water resources and enhancing our Any river management plan must quality of life throughout the basin – • There is not enough water in the be flexible, so the parties can adapt let us follow a few basic truths which, Delaware River Basin to support as new scientific information and borrowing from Thomas Jefferson, all uses during another drought of management alternatives become water managers hold to be self evident: record. available.

• Water does not respect political • Floods will occur. We cannot Once again, due to staffing boundaries. stop the flood waters, but we can constraints caused by the loss of reduce the losses and damages full signatory funding support of • Water should be managed on a from flooding. A flood plain is a the DRBC’s operating budget, this watershed basis. What happens on natural extension of a river and it report is covering a two-year period. the land affects streams and rivers. will flood. We need to keep people We hope to return to a single year One cannot manage water without out of harm’s way as we search for publication when we publish the managing the land. solutions. 2006 annual report. I encourage you to regularly visit our web site at • Water management is not • The Delaware River system is www.drbc.net for useful and timely unilateral; it is a collaborative sensitive and can change quickly. information, as well as use the many process. We need to engage all We need to base our decisions web links appearing in this report.

DRBC Honors Pioneering Ecologist The DRBC in December 2005 named its to- be-developed office building courtyard the “Ruth Patrick River Garden” in honor of the world-renowned environmental scientist and Philadelphia resident. “Dr. Ruth Patrick’s outstanding career with The Academy of Natural Sciences in Philadelphia has spanned seven decades and her work has set the standard for how the environmental health of rivers and streams is evaluated,” DRBC Chairman Kevin C. Donnelly said at the ceremo- ny attended by Dr. Patrick. Additional information can be found at http:// www.nj.gov/drbc/RiverGarden.htm. Dr. Ruth Patrick and Carol R. Collier at the December 2005 announcement. (Photo by Clarke Rupert)

 Signatory Members

According to the 1961 Delaware since 2003, left the administration River Basin Compact creating in February 2005. DEC Division of the DRBC, the members of the Water Director Sandra L. Allen and commission include the four Assistant Director Fred R. Nuffer basin state governors and a federal were Governor Pataki’s second and representative appointed by the third alternates. President of the United States. A New York City DEP Commissioner 1997 law later specified that the Christopher O. Ward was the Brigadier General Major General federal representative must be a appointed city advisor to the New Merdith W.B. Temple William T. Grisoli member of the U.S. Army Corps of York State DRBC commissioner Engineers who holds a presidential until he left the agency in October appointment as a regular army officer 2004. Emily Lloyd, Ward’s successor with Senate confirmation. at DEP, was designated by Mayor The five members appoint alternate Michael R. Bloomberg as the new commissioners, with the governors advisor in February 2005. selecting high-ranking officials from their state environmental New Jersey agencies. Each commissioner has Governor James E. McGreevey one vote of equal power with a resigned as the state’s chief executive majority vote needed to decide most effective November 15, 2004 and issues. Exceptions are votes on the was succeeded by Acting Governor commission’s annual budget and Richard J. Codey. New York Governor Pennsylvania Governor drought declarations, which require DEP Commissioner Bradley George E. Pataki Edward G. Rendell unanimity. M. Campbell and Assistant Commissioner for Environmental Delaware Regulation Samuel A. Wolfe served Governor Ruth Ann Minner’s as alternate and second alternate, alternate was Department of Natural respectively, for both governors. DEP Resources and Environmental Assistant Commissioner for Land Use Control (DNREC) Secretary Management Ernest P. Hahn was John A. Hughes. DNREC Water the third alternate until he accepted Resources Division Director Kevin C. the position of executive director Donnelly and Senior Science Advisor of the Delaware and Raritan Canal Harry W. Otto served as Governor Commission. Acting Governor Codey Minner’s second and third alternates, appointed Lisa P. Jackson, who respectively. succeeded Hahn at DEP, to be his third alternate in January 2005. New Jersey Governor New Jersey Acting Governor Pennsylvania James E. McGreevey Richard J. Codey Governor Edward G. Rendell Federal Government designated Department of Brigadier General Merdith W. Environmental Protection (DEP) B. Temple, Commander of the U.S. Deputy Secretary for Water Army Corps of Engineers North Management Cathy Curran Myers Atlantic Division, was the federal and Division of Water Use Planning representative appointed by President Chief William A. Gast as his alternate George W. Bush from February 2003 and second alternate, respectively, until he was reassigned to the Corps’ during 2004-2005. headquarters in Washington, D.C. as its Director of Military Programs in New York the fall of 2005. Brig. Gen. Temple’s Department of Environmental alternates included Colonel John Conservation (DEC) Commissioner P. Carroll, who retired in 2004, and Delaware Governor Erin M. Crotty, who served as Colonel Francis X. Kosich, who Ruth Ann Minner Governor George E. Pataki’s alternate was appointed in July 2004 when he

 succeeded Col. Carroll as Deputy Commission Officers July 1, 2005 through December 31, 2005 Commander for the North Atlantic The Delaware River Basin Compact (one-year term to end June 30, 2006) Division. Col. Kosich was later requires the annual election of a chair Chair: deployed to Iraq in late-2004. Second and vice chairs, which historically Delaware Governor Minner alternates included Lieutenant has been based upon rotation of Vice Chair: Colonel Thomas C. Chapmanand the compact’s five signatory parties. Brigadier General Temple and Lieutenant Colonel Robert J. Ruch, During calendar years 2004 and 2005, Major General Grisoli who succeeded Lt. Col. Chapman the following members served as Second Vice Chair: as Philadelphia District Engineer commission officers: Pennsylvania Governor Rendell in July 2004. Stan Z. Lulewicz, the Corps’ Assistant Chief of Planning in January 1, 2004 through June 30, 2004 Philadelphia, was named as Brig. Gen. (one-year term began July 1, 2003) Temple’s third alternate in April 2005. Chair: President Bush appointed Major New Jersey Governor McGreevey General William T. Grisoli, the new Vice Chair: Commander of the Corps’ North New York Governor Pataki Atlantic Division, as the federal Second Vice Chair: representative in October 2005. Maj. Delaware Governor Minner Gen. Grisoli named Lt. Col. Ruch The current list of commission as his alternate and Lloyd Caldwell, July 1, 2004 through June 30, 2005 members and their alternates can Director of Programs for the North Chair: be viewed at Atlantic Division, as his new second New York Governor Pataki http://www.nj.gov/drbc/ alternate. A third alternate was not Vice Chair: commiss.htm. named. (Editor’s note: At the time Delaware Governor Minner of the presidential appointment, Maj. Second Vice Chair: Gen. Grisoli held the rank of Brigadier Brigadier General Temple General. He was promoted to the rank of Major General in 2006.)

Commissioners attending the July 2004 conference session in West Trenton included (seated from left to right) Brig. Gen. Merdith Temple (U.S.), Fred Nuffer (N.Y., chair), Cathy Curran Myers (Pa.), Ernest Hahn (N.J.), and Harry Otto (Del.). Standing from left to right are Lt. Col. Robert Ruch (U.S.), William Gast (Pa.), and DRBC Executive Director Carol Collier. (Photo by Clarke Rupert)

 Commission Staff

Welcome Aboard! previously served as assistant • William Muszynski, Coordinator public information officer and of Special Projects and Programs, most recently as acting public Directorate, 2004. (He is on a information officer upon the temporary, two-year assignment retirement of Chris Roberts.) to the DRBC from the U.S. Staff Goodbyes Environmental Protection Agency.) • Bridget Ferry, Secretary, Project • Todd Kratzer, Water Resources Review Branch, 2004. Engineer, Planning and Dennis Herbert Implementation Branch, 2004. (He • Kim Wobick, Librarian, accepted a position with N.J. DEP Dennis Herbert, the Directorate, 2004. after 16+ years of service at the commission’s support services • Danielle Kreeger, Estuary Science DRBC.) technician who carried out a Coordinator, Directorate, 2005. • Lisa Hipp, Secretary, Project wide variety of “behind-the- • Jerrell Spotwood, Support Services scenes” tasks that kept the Review Branch, 2004. office running smoothly, passed Technician, Administrative, 2005. • Patricia McSparran, Water away suddenly at his home on • Chad Pindar, Water Resources Resources Engineer, Planning and January 22, 2005, at the age of Engineer, Project Review Branch, Implementation Branch, 2004. (She 58. He joined the DRBC staff 2005. accepted a position with Pa. DEP in November 2000 following • Katharine O’Hara, after nearly five years of service at his retirement from the federal the DRBC.) government after 25 years of Communications Assistant, service. Directorate, 2005. • Robert Klosowski, Water • Laura Tessieri, Water Resources Resources Engineer, Operations Dennis was a quiet man Branch, 2004. with a wonderful sense of Engineer, Operations Branch, 2005. • Peter Evans, Delaware Estuary humor. It was obvious to the Retirements many friends he made at the Program Director, Directorate, DRBC that he was a devoted, • Christopher Roberts – Chris 2004. (He became executive director loving father and grandfather, retired in June 2004 after serving of the Interstate Council on Water always happy to talk about his more than 18 years as the DRBC’s Policy in 2005.) wife of 36 years, Margie, and public information officer. An • Martha Maxwell-Doyle, their nine children and eight excellent writer who produced grandchildren. Estuary Program Assistant, a variety of printed publications Directorate, 2004. (As a result ranging from annual reports to the th of the reorganization of the award-winning bookmarks and 40 Delaware Estuary Program, she anniversary calendar, Chris also left the DRBC staff and joined was the commission’s spokesman the Partnership for the Delaware appearing in hundreds of newspaper Estuary as its deputy director.) articles over his DRBC career. His • Geoffrey Smith, Field Technician, sense of humor is greatly missed. Monitoring and Modeling Branch, 2005. (He left the DRBC after • Judith Strong – Judith retired from four years of service to continue his her position as librarian in March academic work towards an advanced 2004 after nearly 12 years with the degree.) commission. Promotion • Clarke Rupert, Communications Manager, Directorate, 2005. (He

 one of the fish’s keenest students and most ardent champions.” Fittingly, he was laid to rest on the opening day of the 23rd Annual Lambertville Shad Festival, an event he helped start to celebrate the return of good water quality – and shad – to the non-tidal Delaware. • Bill Palmer, former executive director of the Water Resources Association of the Delaware River Basin, passed away in November 2004. Bill had a strong interest in Delaware Basin water issues and was actively involved with the Partnership for the Delaware Estuary. • Vern Svatos, who provided valuable assistance to DRBC staff in efforts to start the Geographic Information (seated from left to right) N.J. Gov. Robert Meyner, Del. Gov. Elbert Carvel, Pa. Gov. David Lawrence, and President John Kennedy at a White House ceremonial signing of the Delaware River Basin Compact on Nov. 2, 1961. System (GIS) program at the commission during the late 1990s, died in July 2004 at the age of 63. Other Noteworthy People News an outstanding job during both staff The DRBC was saddened by the transition periods. While remembering those who died, we also greeted several new loss of a number of friends and former • Seymour “Sy” Selzer, former head colleagues during 2004 and 2005. additions to the families of the of the DRBC planning branch who following DRBC staff members: retired in 1985, died in December • Delaware Governor Elbert 2005 at the age of 82. “Bert” Carvel, who served as chief • Siona Hernandez was born to • Paul Webber, who retired as Librarian Kim Wobick and her executive of the “First State” from supervising engineer in 2000 after 1949 to 1953 and 1961 to 1965, husband John Hernandez in serving two stints with the DRBC November 2004. died in February 2005 three days totaling nearly 24 years, died before his 95th birthday. He signed • Rafael Quinodoz was born to suddenly in April 2004 at the age Senior Engineer/Hydrologist the compact creating the DRBC in of 71. 1961 and became Delaware’s first Hernan Quinodoz and his wife commission member. • The DRBC and the Delaware Maria in May 2005. River lost a dear friend when • Former DRBC Commissioner • Joan Bonasera was born to Fred Lewis died in April 2004 N.G. Kaul, who served as New Geologist/Hydrologist Anthony at the age of 88. The sight of the York Governor George Pataki’s Bonasera and his wife Sandy in July Lewis Crew hauling shad with alternate from 1995 to 2002, died in 2005. nets from the Delaware River has February 2004 at the age of 57. been a springtime tradition in • Maya Rose Brazell was born to • Former DRBC Commissioner Lambertville, N.J. since 1888 when Water Resources Specialist Gail Harold Budka, who served as New the fishery was established by Fred’s Blum and her husband James York Governor Mario Cuomo’s father, William. Operated from Brazell in July 2005. second alternate from 1992 to 1995, an island now bearing the family’s died in January 2005 at the age of name just upstream from the free 69. bridge connecting Lambertville • Jeanne Marie Vinicombe, mother and New Hope, Pa., it is the only of DRBC Watershed Planner remaining commercial shad fishery Pamela V’Combe, passed away on the non-tidal river. A lifetime The current list of DRBC staff suddenly in May 2005 at the age of of shad fishing experience on the members, including their phone 74. Jeanne worked at the DRBC Delaware prompted an April 2003 number extensions and e-mail on two occasions, filling in as a Philadelphia Inquirer article to addresses, can be viewed at secretary in the operations branch describe Fred as “the repository of http://www.nj.gov/drbc/staff.htm. and administration office, and did generations of lore, making him

 Water Resources Plan for the Delaware River Basin: A Common Vision for a Common Resource Basin Plan Officially Adopted in September 2004

Elected and environmental leaders Plan. These participants included Jane from Delaware, New Jersey, New M. Kenny, Region II Administrator, York, Pennsylvania, and the federal U.S. Environmental Protection Agency water government joined other interested (EPA); Donald S. Welsh, Region III watershed stakeholders along the Administrator, EPA; Joe DiBello, Christina Riverfront in Wilmington, Northeast Regional Partnership Delaware on September 13, 2004 to Programs Manager, National Park resourcesFOR THE celebrate the completion of the Water Service; Catherine L. Hill, Northeast DELAWARE RIVER BASIN Resources Plan for the Delaware River Regional Hydrologist, U.S. Geological PLAN Basin (“Basin Plan”). Survey; Marvin E. Moriarty, Region “Today’s event marks an important V Director, U.S. Fish and Wildlife milestone that was initiated by a Service; and Anthony J. Kramer, N.J. 1999 challenge from the governors State Conservationist and designated of our four basin states along with Regional Representative for the U.S. the federal government to lay out a Department of Agriculture Natural policy direction for the use, protection, Resources Conservation Service. and enhancement of the basin’s water The Basin Plan provides a goal- resources through the year 2030,” based framework that will serve DRBC Executive Director Carol R. as a guide for all stakeholders Collier said at the September 2004 – government and non-governmental ceremony. “We celebrate a visionary alike – whose actions affect water plan that reflects the investment of resources in the 13,539-square-mile countless hours of discussion and Delaware River Basin that drains creativity among many individuals portions of the four states. from throughout the Delaware River A Watershed Advisory Council, Basin who responded to the 1999 whose members represented a challenge. However, much work lies broad spectrum of basin interests ahead as we now strive to develop ranging from business and industry strategies and take action to realize the to environmental advocacy groups, goals laid out in this plan over the next worked closely with DRBC staff, 30 years.” the commission’s standing advisory Delaware Governor Ruth Ann committees, and ad hoc committees Minner was joined by Brigadier in the facilitated, consensus-building General Merdith W.B. Temple, process used to forge the Basin Plan. Pennsylvania Lieutenant Governor Council members played an integral Catherine Baker Knoll, New Jersey part in the development of the plan, Department of Environmental devoting many hours in meetings and Protection Commissioner Bradley workshops, in addition to providing M. Campbell, and New York State a forum for discussion, revision, and Department of Environmental finalization. Conservation Division of Water Prior to the Basin Plan’s Assistant Director Fred R. Nuffer in completion, a series of six public a ceremonial signing of a resolution meetings was held between January supporting the implementation of the 20 and March 17, 2004 in Delaware Basin Plan. (Dover), New Jersey (Millville A number of federal agency and Bordentown), Pennsylvania representatives also participated by (Bethlehem and Philadelphia), and signing the resolution in affirmation New York (Narrowsburg) in order of their agency’s support of the Basin to solicit public comment on a draft

 plan. Comments received throughout the public process were incorporated Following the completion of the Basin Plan in into the Basin Plan where appropriate, further emphasizing the plan’s goal of September 2004, DRBC staff initiated efforts to being a collaborative effort. organize the commission’s six-year strategic water Support for enhancing public participation and regional cooperation resources program and annual work plan to clearly in the development of the Basin Plan align DRBC program priorities with the Basin Plan’s was generously provided by a grant from the William Penn Foundation. goals and objectives. The water resources program The goal-based plan to guide policy covering fiscal years 2006 through 2012, which was and action includes five desired results: adopted by the commissioners on September 26, • An adequate and reliable supply 2005, reflects the transition in DRBC annual program of suitable quality water to sustain human and ecological needs reporting to include multiple-year planning to through 2030; accomplish both the directives of the Delaware River • Managing the system of waterway Basin Compact and the Basin Plan’s goals pertinent corridors to reduce flood losses, to the commission’s mission. The annual work plan improve recreational experiences, and protect, conserve, and restore for each year, extracted from the six-year program, riparian and aquatic ecosystems; explains in greater detail planned activities and • Integrating water resource allotment of resources in the fiscal year necessary for management considerations into those tasks. land use planning and growth management while recognizing the social and economic needs of communities; a set of goals and objectives with issues in the Delaware River Basin • Strengthening partnerships for the milestones and indicators to measure by encouraging communication, management of water resources progress towards achieving the plan’s outreach, and partnerships. One among all levels of government, desired results. panel session discussed the Basin Plan the private sector, and individuals The Basin Plan emphasizes and how it provides a framework for sharing an interest in sustainable integration and collaboration, and is water resources management. The water resources management; and not prescriptive or regulatory. summit was sponsored by the EPA Also on hand to join the celebration and DRBC, with the support and • Providing opportunities to enhance was Benjamin H. Grumbles, assistance of a number of additional appreciation and commitment to Acting Assistant Administrator agencies and organizations. the protection, improvement, and for EPA’s Office of Water, who The Basin Plan is available for restoration of the basin’s water offered remarks about the two-and- viewing on the DRBC web site at resources. a-half day conference, “Watershed http://www.nj.gov/drbc/basinplan. Summit on the Delaware: Making htm. Copies also can be requested by The plan is prefaced by a set of the Connection,” which followed contacting the DRBC at (609) 883- twelve guiding principles against the ceremonial signing event. The 9500. which all policy decisions and actions September 13-15 conference, affecting water resource management also held in Wilmington, covered should be measured. It also suggests a wide range of environmental  Hydrologic Summary 2004-2005

2004: An Active Second Half to portions of the lower basin. Two Includes an Unwelcome Visit from Delaware County, Pa. communities Sampling of DRBC Flood-Related Ivan – Upper Darby and Darby Borough Activities During 2004 and 2005: A drier than normal weather – bore the brunt of the storm, • Thanks to a $10,000 flood hazard pattern persisted throughout much receiving more than five inches of of the Delaware River Basin during rain. education and outreach grant awarded the early months of 2004. Observed by the N.J. Emergency Management precipitation for the basin above • August 12-14: A strong storm Office in 2004, DRBC staff improved Trenton, N.J. from January through system and two tropical storms July 11 was 3.85 inches below normal, were predicted to drench the basin and expanded the flood information while precipitation for Wilmington, over a three-day period. During appearing on the commission’s web Del. was 3.16 inches above normal. the evening of Aug. 12, storms site at http://www.nj.gov/drbc/Flood_ Reflecting this trend, streamflows rolled through the basin producing throughout the basin were in the more than seven inches of rain over Website/floodinf.htm. below-normal to normal range from the headwaters of the Schuylkill • DRBC Executive Director Carol R. Collier February through June. The New River. On Aug. 13, forecasters were served on the N.J. Flood Mitigation York City (NYC) reservoirs in the anticipating the arrival of Tropical upper Delaware River Basin began Storm Bonnie. With the basin’s Task Force created by Acting Governor 2004 brimming with storage due to streams and rivers already brimming Richard Codey following the April 2005 the abundance of precipitation that from the storms the night before, flood. Other DRBC staff participated fell during 2003. Storage gradually there was a potential for serious declined through early March, but flooding. Fortunately, Bonnie only on the technical, finance, and public remained above the long-term median. affected the very southern portion outreach subcommittees. (Editor’s note: A gradual melting of the snowpack of the basin with moderate rainfall. The final task force report was released above the reservoirs began a seasonal On Aug. 14, the basin was increase in storage and by early April, gearing up for yet another potential by Governor Jon Corzine in August the NYC Delaware Basin reservoirs soggy blow from Tropical Storm 2006.) had refilled and were spilling excess Charley, which had already • DRBC and PPL Corporation cosponsored water into the tributaries below. devastated portions of Florida as a The second half of 2004 proved an category four hurricane. However, a May 2005 informational workshop active time for intense weather systems the majority of the basin was spared for public officials in Hawley, Pa. The in the Delaware River Basin with from Charley’s wind and rain when purpose of the workshop, attended by some near misses and, unfortunately, the storm tracked further east than several direct hits. expected. about 75 persons, was to review the facts regarding the April 2005 flood • July 12-13: A slow moving system • September 17-18: The near misses and to provide a forum for discussions dropped rainfall averaging four of tropical activity finally caught up to six inches on the lower basin. with the basin when the remnants regarding reservoir operations, flood Portions of southcentral New of Tropical Storm Ivan, interacting warning, and mitigation. Jersey were the hardest hit as more with a cold front that dropped into • DRBC staff participated in flood-focused than a foot of rain fell in some the region, produced tremendous localities. Tabernacle, N.J. received rainfall amounts across northeast public information meetings during a staggering 13.2 inches of rain Pennsylvania and southern New 2005 hosted by Pa. State Rep. David Steil during what was determined to be York. Most of the basin upstream (R-Bucks) in Yardley on June 2 and by a one-in-one-thousand year storm of Trenton received three to five event for that Burlington County inches of rain in a 12-hour period, U.S. Rep. Charles Dent (R-Pa.) in Easton municipality. with some isolated areas receiving on August 2. as much as seven or eight inches. • August 1: Heavy rainfall returned Much of the heavier rain occurred

10 in the mountainous regions of the The majority of counties within 2004 from the Beltzville Reservoir basin in the Poconos and Catskills, the basin reported normal to above- (located on a tributary of the while many areas in the southern normal precipitation over the entire Lehigh River) and Blue Marsh half of the watershed received year, with annual departures ranging Reservoir (located on a tributary of an inch or less. This rain fell on from 3.6 inches below normal in the Schuylkill River) to meet the soils already saturated by the Sussex County, Del. to 15.5 inches minimum flow target at Trenton. wet summer, including Tropical above normal in Lackawanna County, Moreover, no releases were required Storm Frances just a week before, Pa. Annual observed precipitation from the Merrill Creek Reservoir, creating a “parking lot” runoff effect at selected stations above Trenton located near Phillipsburg, N.J., to over a very large portion of the was 53.38 inches, or 8.49 inches replace evaporative water losses basin’s drainage area. Even before above normal, while 56.75 inches resulting from power generation the rains from Ivan arrived, the (13.94 inches above normal) fell in in the basin under certain drought Delaware River at Montague, N.J. Wilmington. conditions. and Trenton was flowing at 298 With the exception of a brief period percent and 265 percent of normal, in July, storage in the NYC Delaware 2005: A Year of Severe Flooding respectively, for the first half of Basin reservoirs remained above the and a Drought Close Call September. long-term median for the second half For the third year in a row, the The flooding on the main stem of 2004 and combined storage ended NYC Delaware Basin reservoirs began Delaware River was the worst the year the same as it began – well with above-normal storage (270.990 since August 1955 when the basin above the long-term median. Over the bg, or 100.1% of usable capacity, was hit by the remnants of two period June 17-July 17, approximately and 81.427 bg above the long-term hurricanes, Connie and Diane, in 10.6 billion gallons (bg) of water was median). one week. Flood damages were released from these reservoirs in order Two early spring rainstorms in 2005 sustained up and down the main to meet the minimum flow target at – the first on March 28-29 and the stem and its tributaries, resulting Montague as required by the 1954 U.S. second on April 2-3 – combined with in presidential disaster declarations Supreme Court decree. snow melt to cause major flooding on for portions of Pennsylvania, New No releases were required during the main stem Delaware. Jersey, and New York. New warning products and other tools that were developed or upgraded since the last time major flooding occurred along the Delaware in January 1996, such as the National Weather Service’s Advanced Hydrologic Prediction Service (AHPS), helped to provide the necessary lead time to get hun­ dreds of people out of harm’s way.

• September 28: The remnants of Tropical Storm Jeanne brought four to eight inches of rain to the Philadelphia metropolitan area, impacting portions of Delaware, Pennsylvania, and New Jersey. The heavy precipitation caused widespread, rapid urban and small stream flooding during the evening hours, making roadways hazardous Photo showing April 4, 2005 flooding in New Hope, Pennsylvania and Lambertville, New Jersey. (Photo courtesy of and evacuations difficult. John Jenks/USGS- NJ) 11 New York City Delaware River Basin Storage 300 2004-2005 Observed 280

260

Long-term 240 Median

220

200 ) G

B 180 ( s n o

l 160 l a G

n 140 o i l l i B 120 Normal * Drought 100 Watch * Drought 80 Warning

Drought 60

40

20 Storage data is provisional and provided by the New York City Department of Environmental Protection, Bureau of Water Supply. The period of record represented by the long- term median values is June 1967 to November 1998. *Based on the New York State Experimental Fisheries Program, Docket D-77-20 (Rev. 4) 0 1 1 2 3 1 2 1 1 2 3 1 2 3 1 2 3 9 1 2 9 1 2 8 1 2 7 1 2 7 1 2 6 1 2 6 1 2 5 1 2 4 1 2 6 1 2 5 1 2 5 1 2 4 1 2 4 1 2 3 1 2 2 1 2 2 1 2 1 1 2 1 1 2 3 - 1 1 1 0 0 - 1 1 1 0 0 0 0 0 0 - 9 9 - 9 9 - 8 8 - 7 7 - 7 7 - 6 6 - 6 6 - 5 5 - 4 4 - 6 6 - 5 5 - 5 5 - 4 4 - 4 4 - 3 3 - 2 2 - 2 2 - 1 1 - 1 1 1 J M J J A S O N D J F M A M J J A S O N D ------a u u a u u J J J F F M M M A A A M M M J J J J A A S S O O N N D D J J F F M M A A M M J J J J A A S S O O N N D D D e u e p u e o e o e c c a a a n a a a n u u l u u n a a n u u l u u e e b e e p p p g u u p e e r p p g u u p e e v o o c e e v o o c e e e t t c c c c r a a a a a a r a a y a a n n n n n l l n n n n l l b b b b r r r g g p p r r g g p p v v c c v v c c c t t t t r r r y y y r r y y 2004-2005 This graph shows the observed combined water storage in the NYC Delaware Basin reservoirs (Cannonsville, Pepacton, and Neversink) during 2004 and 2005, as well as the long- term median and drought rating curves. The declining actual storage line was very close to crossing the green drought watch curve in October 2005 before rebounding.

The first of these two storms the second rain event dropped an to four inches of water released during brought more than two inches of rain additional two to three inches of rain the snow melt. The rest of the basin to the western and northern portions over the Delaware River’s headwaters received four to eight inches of rain of the basin. Warm temperatures in New York’s Catskill Mountains, during the weeklong period. accompanied the rain and melted melting nearly all of the remaining The basinwide scale of this event roughly half of the two to four snow pack. Three to five inches of produced flood crests on the main inches of water equivalent that had rain also soaked the middle portion of stem Delaware River exceeding those been stored in the snow lying in the the basin. In total, the upper portions reached during the remnants of northern watersheds of the basin. of the basin received five to seven Tropical Storm Ivan only six-and-a- Less than a week after the first storm, inches of rain in addition to the two half months earlier. Once again, the

12 basin endured evacuations, bridge and target. No releases were required from throughout the entire basin. road closures, and extensive damage. Merrill Creek Reservoir during 2005. Despite the very dry periods during On April 3, the Delaware River at In response to the dry conditions, 2005, the majority of basin counties Montague crested at 31.69 feet (ft), New Jersey officials issued a statewide reported normal to above-normal the third highest on record. On drought watch on September 13, annual precipitation over the entire April 4, the Delaware River at Trenton urging residents to voluntarily year, with departures ranging from reached 25.33 ft, the fourth highest conserve water. The DRBC’s drought 1.50 inches below normal in Cape recorded crest. Impacted counties in operating program is automatically May County, N.J. to 9.40 inches above Pennsylvania, New Jersey, and New triggered by declining storage in the normal in Sussex County, N.J. Annual York again received federal disaster three NYC Delaware Basin reservoirs observed precipitation at selected declarations by President Bush. through the use of a drought rating stations above Trenton was 51.12 As the April 2005 flooding victims curve (please refer to the graph on the inches, or 6.23 inches above normal, assessed damages and moved into facing page). By the end of September, and 40.30 inches, or 2.51 inches below the cleanup phase, Mother Nature it was estimated that we were only normal, at Wilmington. reminded the basin how quickly The upper and lower basin we can move from one extreme to reservoirs rebounded following another. The rains of late March and the ample rainfall that resumed early April combined with snowmelt As the April 2005 in October. Storage in the NYC to boost storage in the NYC Delaware Delaware Basin reservoirs continued Basin reservoirs to a recorded high flooding victims to increase and remained above the of 288.588 bg on April 3. However, assessed damages long-term median during the normal a drier than normal May caused recharge period of fall and early reservoir storage levels to decline along and moved into winter. The year closed with the with streamflows at many locations the cleanup phase, three NYC Delaware Basin reservoirs throughout the basin. By mid May, Mother Nature holding about 245 bg (90.5% of usable NYC Delaware Basin reservoir storage storage), or 56 bg above the long-term had dropped below the long-term reminded the basin median storage for December 31. median and the first directed releases how quickly we Uncontrolled spills from the three were required on May 23 in order NYC Delaware Basin reservoirs that to meet the minimum flow target at can move from one occurred when they were over 100% Montague. Late spring and summer extreme to another. capacity during 2005 totaled about rainfall deficits, especially during 197 bg compared to approximately August and September, caused storage 219 bg during 2004 and nearly 371 to drop sharply away from the median. bg in 2003. The hydrology of 2005 Mounting precipitation deficits took showed that annual totals and averages their toll on the basin’s hydrology several weeks away from a basinwide can be misleading given the extremes as ground water levels declined and drought watch if the dry conditions that occurred during the year. continued releases were required persisted. More detailed information about from both the NYC and lower basin However, relief came on October the basin’s hydrologic conditions, reservoirs to augment Delaware River 7-8 with the arrival of the remnants including a comprehensive flooding flows. From May 23 through October of Tropical Storm Tammy, which section, can be found on the DRBC 9, just over 70 bg was released from produced rainfall in the four to eight web site at http://www.nj.gov/drbc/ the NYC Delaware Basin reservoirs inch range for much of the basin, hydro.htm. to meet the minimum flow target at with locally higher amounts of eight Montague. In addition, nearly 1.5 to 12 inches estimated by dopplar bg was released from the lower basin radar. New Jersey ended its statewide reservoirs (Blue Marsh and Beltzville) drought watch on October 12. By between August 5 and September 20 month’s end, streamflows and ground to meet the Trenton minimum flow water levels had dramatically improved 13 Interim Fisheries Protection Program Approved in 2004

The upper Delaware River Basin May 2007 was approved by the DRBC targets. The interstate collaboration is home to some of the finest trout on April 21, 2004. through the DRBC helped bring this fishing found anywhere in the United This program for the first time Pennsylvania power company to the States. However, the well-being of establishes minimum flow targets aid of the New York fisheries program. this fishery depends on cold-water for fisheries protection below each Based on results of the three-year releases from three reservoirs built by of the NYC reservoirs during program and on further deliberations New York City (NYC) on Delaware normal conditions: 225 cubic feet regarding the sustainability of River tributaries and operated for per second (cfs) at Hale Eddy, N.Y. water available to support fishery public water supply. below Cannonsville Reservoir, 175 releases, the decree parties intend Allocation of the waters in the cfs at Harvard, N.Y. below Pepacton to develop and implement a more upper basin is governed by a decree Reservoir, and 115 cfs at Bridgeville, flexible program of reservoir releases of the U.S. Supreme Court issued N.Y. below Neversink Reservoir. to better address the needs of the in 1954 to settle an interstate water These targets were recommended upper basin fisheries. Up until now, dispute between the City and State by New York State Department the NYC Delaware Basin reservoir of New York and the lower basin of Environmental Conservation operating plans have been drought- states. The decree parties are the four (NYSDEC) fisheries biologists focused. However, in light of the basin states (Delaware, New Jersey, based on a trout habitat study major floods on the Delaware New York, and Pennsylvania) and completed in 1983. The flow targets which followed a period of nearly NYC. The 1954 decree allows the city are proportionally to export up to 800 million gallons reduced during per day out of the Delaware Basin, various drought ± establishes a minimum flow target stages. Along with 0 5 10 at Montague, N.J. for the use of the the flow targets, an Miles New York lower basin states, and provides for expanded water bank reservoir releases to meet the target was made available Little Delaware River West Branch Delaware River when necessary. to make additional Cannonsville Reservoir The 1954 decree did not establish cold-water releases Pepacton Reservoir minimum flows for fisheries to attempt to limit !

Oquaga Creek Deposit protection. However, the 1961 high instream water HALE EDDY .! HARVARD .! Willowemoc Cr. compact creating the DRBC allows for temperatures that are East Branch Delaware River Beaver Kill !Hancock adjustments to be made to the decree’s harmful to trout. ! Roscoe prescribed releases and diversions, The interim Neversink subject to the unanimous consent of fisheries protection Reservoir the decree parties, without requiring program was possible, Equinunk Creek Liberty ! ! further court approval. As a result, in part, because Callicoon Callicoon Creek fishery-related negotiations among the PPL Corporation Damascus ! Jadwin Reservoir Monticello! decree parties have taken place since offered additional Mongaup System .! BRIDGEVILLE Lackawaxen River Prompton !DelawareNarrowsburg River 1977 and various reservoir release water from its Lake Reservoir Wurtsboro ! Mongaup River ! Honesdale programs for fisheries protection have Wallenpaupack Pennsylvania Wangum Creek Minisink been agreed to over the years. hydropower reservoir ! Neversink River ! Basher Kill ! Ford Hawley Halfway Brook In 2002, New York State presented in northeastern Lackawaxen Lake a proposal to the other decree parties Pennsylvania to Wallenpaupack !Port Jervis to revise the existing reservoir releases be used at the Matamoras ! Shohola Creek Milford ! program to provide additional water commission’s ! Montague for fishery protection. After lengthy discretion during Lehigh River New negotiations among the decree parties drought watch, Flat Brook F.E. Walter Jersey and with their unanimous consent, an warning, and Reservoir ! Tobyhanna interim fisheries protection program emergency operations This map of the upper Delaware River Basin highlights in red the location of the extending from May 2004 through to meet minimum flow three minimum flow targets for fishery protection.

14 50 years without any widespread and DRBC with better information main stem flooding, potential flood to guide decision-making. For mitigation opportunities using existing example, a study to update the 1983 reservoirs is yet another issue under NYSDEC cold-water fishery habitat consideration by the decree parties. study is being conducted by the U.S. As deliberations continue, fishery Geological Survey with the assistance interests must be balanced by the of the DRBC Subcommittee on other competing demands on the main Ecological Flows (SEF). The SEF is stem Delaware River and Delaware currently chaired by Colin Apse with Bay. Also, the federal Endangered The Nature Conservancy’s Neversink Species Act requires that river flows River Program. Ongoing studies also be managed to protect certain species are underway to better understand such as the dwarf wedgemussel, which instream flow needs of dwarf was recently discovered in the waters wedgemussels and oysters. of the upper Delaware. Additional information about this A number of ongoing ecological program can be found on the DRBC and hydrological studies by multiple web site at http://www.nj.gov/drbc/ public and private stakeholders are Res-Fisheries.htm. underway to provide the decree parties

15 DRBC’s Water Quality Initiatives

Water quality protection is one 2000-2004 indicated that the Lower in the Delaware Estuary. The of the DRBC’s most important Delaware River is characterized by commissioners also set a goal of responsibilities and in recognition of exceptionally high scenic, recreational, reducing PCB loadings by 50% in five water quality differences found along and ecological values and water supply years. the 330-mile-long Delaware River uses which, in the opinion of DRBC “We believe this progressive action and Bay, the commission uses two staff, require special protection. As a taken by the commissioners to require approaches to carry out this program. result, the DRBC proposed in 2004 to waste minimization and reduction In those areas where monitoring has amend its SPW regulations to include plans will prove to be a significant shown that water quality is actually this 76-mile stretch. pollution control milestone in the better than minimum standards, the Informational meetings were held continuing efforts to reduce levels of DRBC’s Special Protection Waters during October 2004 in Easton, PCBs in the tidal Delaware River and (SPW) regulations, adopted in 1992, Pa. and Stockton, N.J. in order to Bay,” DRBC Executive Director Carol are designed to protect existing high educate the public about the proposed R. Collier said when the PMP rule water quality in order to “keep the rulemaking and a hearing followed was adopted. “While the ultimate goal clean water clean.” Where monitoring later that month. The DRBC of the commission and its members is tells us that we are not meeting commissioners on January 19, 2005 to meet water quality standards and water quality standards, efforts are temporarily classified the 76-mile eliminate fish consumption advisories, undertaken to reduce pollution loads stretch as SPW through September establishing a target reduction in with the goal of cleaning up the water 30, 2005. The commission has twice PCB loadings of 50% in five years in order to meet those standards. extended the temporary designation provides an important benchmark for Several important efforts were through September 30, 2006 and judging the effectiveness of pollutant undertaken during 2004 and 2005 to most recently through September 30, minimization plans over the short advance both of these water quality 2007. The numeric values for existing term,” Collier added. approaches. water quality and permanent SPW In December 2003, the U.S. designation of the Lower Delaware Environmental Protection Agency Lower Delaware Designated as are expected to be approved through a (EPA) established Stage 1 Total Special Protection Waters (SPW) rulemaking process in 2007. Maximum Daily Loads (TMDLs) In 2000, President Bill Clinton Including the temporary for PCBs in the tidal Delaware River signed the Lower Delaware Wild and classification of the Lower Delaware between Trenton and the Delaware Scenic Rivers Act into law adding 38.9 stretch, the entire 197-mile non-tidal Bay under a court-mandated deadline miles of the main stem Delaware (and river above Trenton is now covered by based on several years of technical about 28 miles of selected tributaries) the SPW anti-degradation regulations. work conducted by the DRBC. A between the Delaware Water Gap Additional detailed SPW TMDL sets the maximum amount and Washington Crossing, Pa., to information, including the reports of a pollutant that a water body can the National Wild and Scenic Rivers which led to the temporary SPW receive without violating applicable System. Lower Delaware designation, are water quality standards and allocates DRBC staff began collecting available online at http://www.nj.gov/ that amount among sources in the extensive water quality data in 2000 drbc/spw.htm. watershed – both point (end-of-pipe) for a comprehensive water quality and non-point (runoff ). Dischargers study of the “Wild and Scenic” Lower Commissioners Establish must reduce loads to the allocated Delaware and its drainage area. In Innovative New Rule in 2005 levels in order to achieve and maintain April 2001, the Delaware Riverkeeper to Reduce PCB Levels in the the standards. Network petitioned the commission Delaware River A non-numeric approach to to designate the 76-mile stretch of The DRBC on May 18, 2005 implementing the Stage 1 TMDLs the non-tidal Lower Delaware from unanimously adopted a rule to was taken, in part because it was the Delaware Water Gap National establish pollutant minimization understood that dischargers could not Recreation Area downstream to the plan (PMP) requirements for reduce their PCB loadings quickly head of tide at Trenton as SPW. point and non-point discharges of enough to comply with numeric The five years of data collected from polychlorinated biphenyls (PCBs) limits. The PMP rule embodies the

16 principle of adaptive management, will provide advice on Special Protection Waters Drainage Area which encourages experimentation, additional measures measurement, and readjustment that may be practicable. depending on the results of the actions PCBs, which have New York taken. It reflects an awareness that been classified by the West Branch Delaware River !Deposit while dramatic reductions in loadings EPA as a probable East Branch Delaware River ! r e Hudson River Pennsylvania Hancock iv from all source categories will be human carcinogen, are R

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required to achieve the PCB TMDLs present in the waters of r

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v e over several decades, uncertainty as the Delaware Estuary N Special Protection !Narrowsburg to the effectiveness of any particular at concentrations Waters Boundary Lackawaxen River reduction activity currently persists. up to 1,000 times Major Tributaries ! Port Jervis The May 2005 rule provides the higher than the water State Boundary Milford !! Montague commission with the regulatory quality criteria. The authority to require PMPs before U.S. banned the permits are reissued by the states, thus manufacture and Delaware River Delaware ! ensuring that steps to improve the general use of PCBs Lehigh RiverWater Gap estuary’s water quality begin sooner. in the late 1970s, but Musconetcong River In December 2005, New Jersey not before 1.5 billion Easton ! Phillipsburg proposed its own PMP regulation pounds of the substance New Jersey modeled after the commission’s rule. was produced. PCBs Allentown Under the DRBC’s PMP rule, were used as coolants Reading Pottstown dischargers will identify known and and lubricants in Schuylkill River potential sources of PCBs emanating transformers, capacitors, Trenton from their facility, identify procedures and other electrical Rancocas Creek Philadelphia for tracking down unknown sources equipment because Camden of the pollutant, and identify and they don’t burn easily implement strategies for minimizing and are good insulators. Wilmington Salem River or preventing releases from all Despite the ban, ! Salem identified sources. Dischargers will equipment containing C & D measure and annually report progress PCBs is still in use due Canal ! Vineland made in reducing loadings. Initially, to the extended life River Maurice 42 permittees were required to develop span of the equipment. Dover and implement PMPs and to monitor The chemical stability Delaware n Bay a Cape May ce their PCB discharges. of PCBs, which pillion ! Mis O In light of the importance of encouraged their use in River tic an contributions of PCB pollution from hundreds of industrial ! tl Lewes A non-point sources, the rule allows and commercial Delaware the commission to require PMPs for applications, also contaminated sites where releases allows them to persist from the sites are not being addressed in the environment. entirely through other state or federal PCBs enter fish and regulatory programs. other wildlife through absorption viewed on the DRBC web site at “Commission staff began drafting or ingestion, and accumulate in http://www.nj.gov/drbc/PMP_info. this proposal in May 2004, and it their tissues at levels many times htm. has benefited from extensive public higher than in the surrounding water input,” Collier said. “Representatives and at levels unsuitable for human from industry, municipal wastewater consumption. treatment plants, environmental As part of the outreach effort organizations, and regulatory to explain PMP requirements to agencies all have expressed support impacted dischargers, over 100 persons for this approach to reducing PCB attended a July 2005 workshop contamination in the Delaware River cosponsored by the New Jersey Water and Bay.” Environment Association and the The commissioners provided that a DRBC which was held at the Rutger’s peer review advisory committee will be EcoComplex in Bordentown, N.J. established to evaluate the PMPs and Additional information, including advise regulators on their anticipated the powerpoint presentations provided effectiveness. The committee also at the July 2005 workshop, can be 17 Spills on the Delaware

Two major spills into the tidal and concluded a year later and resulted in N.J.), held a field hearing on the oil non-tidal Delaware River during 2004 the removal of more than 18,000 tons spill in Philadelphia on January 18, and 2005 required intensive cleanup of oily solids (cleanup materials and 2005. In response to what was learned responses from numerous public and oil) at a total estimated cost of over at the hearing, LoBiondo along with private stakeholders, including the $150 million. Representatives James Saxton (R- DRBC. While not a first responder agency, N.J.), Robert Andrews (D-N.J.), DRBC staff members used their Michael Castle (R-Del.), and Allyson Athos I Oil Spill knowledge of the river and technical Schwartz (D-Pa.), introduced the On the evening of November 26, expertise to provide assistance to Delaware River Protection Act, H.R. 2004, the 750-foot Greek tanker the unified command response team 1412, on March 17, 2005. Several Athos I struck a submerged object in headed by the Coast Guard. Modeling important provisions contained in the Delaware River, puncturing the and Monitoring Branch staff members H.R. 1412 were later incorporated into vessel’s bottom plating and releasing led by Dr. Thomas Fikslin worked another bill that was signed into law an estimated 264,000 gallons of heavy with the response modeling team on July 12, 2006. They included: crude oil into the river. The ship was located in Seattle, Washington to help carrying 13 million gallons of the determine the extent of oil spread and • Requiring mandatory reporting of slightly buoyant, very sticky oil that locations of priority cleanup actions objects that are lost overboard to can easily form into tar balls. The using commission models developed the Coast Guard for immediate incident occurred as the Athos I, which for the movement of toxic pollutants recovery; had a single bottom and double-sided through the tidal river and bay. As • Encouraging the use of double hull hull, approached the Citgo Asphalt the visible oil sheen reached within a tankers by more than doubling the Refining Facility in Paulsboro, N.J. few miles of the City of Philadelphia’s liability limits on single hull tankers near river mile 90 across the Delaware drinking water intake, DRBC staff under the federal Oil Pollution Act; from Philadelphia. The U.S. Coast also worked with state environmental Guard later recovered the object and city officials to ensure that • Updating the oil spill contingency – an 18,000 pound anchor – but sufficient sampling was being plan for the Delaware River and investigators could not identify its conducted. In addition, staff provided Bay to ensure the protection of owner nor establish how long it was technical advice on the question of environmentally sensitive habitats submerged. toxicity of possible cleaning agents and locations; The spill prompted the Coast Guard under consideration for use on oil- • Creating a new committee to report to initially close the river for a 27-mile contaminated vessels in order to to Congress on ways to improve oil stretch downstream from the Tacony minimize environmental impacts. spill response and prevention; and Palmyra Bridge (river mile 107). As a result of this incident, • Establishing a pilot project on the Restrictions were gradually relaxed the Coast Guard-led unified Delaware River and Bay to test and the river was open to all marine command response team became techniques to recover submerged oil. traffic by December 8. The intensive more familiar with the DRBC’s response effort at one point involved resources – including data collection, more than 1,800 federal, state, and technical expertise, and overall agency local officials and contractors, 150+ knowledge of the estuary – that could vessels, and the deployment of over 20 be tapped into when responding to miles of spill containment boom. By future spills. DRBC staff members February 1, 2005, it was reported that now regularly attend and participate 366 birds were cleaned and released, in training sessions and meetings of while another 178 birds could not be the Philadelphia Port Area Committee saved. held throughout the year to prepare for The active spill cleanup of nearly such incidents. 57 miles of shoreline in Pennsylvania, A U.S. House of Representatives Athos I the day after it struck a submerged object New Jersey, and Delaware, of which subcommittee, chaired by causing an oil spill in the Delaware River. (Photo about five miles was heavily impacted, Congressman Frank LoBiondo (R- courtesy of the U.S. Coast Guard)

18 PPL Fly Ash Release about spills and shares important representatives requested that DRBC A leak developed on the evening information. It is comprised of water staff compile and assess the collected of August 23, 2005 in one of the fly suppliers and government agencies water column data. This assessment ash settling basins on the property of from both Pennsylvania and New of over 1,800 samples can be viewed PPL Corporation’s Martins Creek Jersey, including the DRBC, and on the DRBC web site at http://www. power plant in Lower Mount Bethel became operational in October 2003. nj.gov/drbc/FlyAshAssessment_ Township, Northampton County, PPL used contractors to remove 061906.pdf. Although it appears that Pa. Wooden stop logs that hold back the fly ash from the river and other there were no immediate harmful water and fly ash (a by-product of impacted areas, an activity that effects caused by the release, biological burning coal in the power generation continued into 2006. A new stoplog and other studies continue in order to units) in the 40-acre basin breached, assembly made of steel-reinforced determine any possible longer term allowing a discharge of fly ash slurry concrete, a reinforced steel wall on the impacts to the river. The DRBC had to move from the basin over land to basin side of the discharge structure, been monitoring water quality in this Oughoughton Creek and then to and installation of two shutoff valves stretch of the river for several years the nearby Delaware River. Without on the pipeline between the discharge prior to the release, so the commission a gate valve or built-in structure to structure and the river were in place has good “baseline” data to help to stop the flow of the accidental release, by October 2005. The company also determine the existence of possible PPL had a difficult time plugging tested and continues quarterly testing environmental impacts. A feasibility the leaking ash storage pond. By the of more than 230 residential wells study is planned to determine whether time the flow stopped on August 27, in Pennsylvania and New Jersey at a real-time water quality monitor approximately 100 million gallons the request of property owners. PPL should be installed along the river in of contaminated water and fly ash reported on November 1, 2005 that the vicinity of the PPL power plant. was released into the Delaware River. costs associated with the leak would There are currently no public water The City of Easton, Pa., the closest exceed $30 million. supply intakes on the main stem downstream surface water user, Post-release water quality sampling Delaware River north of Easton. temporarily shut down its drinking was conducted by PPL, Pennsylvania As was the case in the Athos I oil water intake and imposed water use and New Jersey DEPs, New Jersey spill, a Natural Resource Damage restrictions as a precaution. Water Supply Authority, DRBC, Assessment team comprised of federal The Delaware Valley Early Warning Philadelphia Water Department, and state agencies – often referred System (EWS) was activated upon and the U.S. Geological Survey. The to as “trustees” – has been formed to receiving notification of the incident DRBC hosted a meeting with agency identify the extent of resource injuries, on August 25. The EWS, which was and PPL representatives at its West the best methods for restoring those developed by the Philadelphia Water Trenton offices on November 3, 2005 resources, and the type and amount of Department with a grant awarded to review the data collected up to that restoration required. by Pennsylvania DEP, alerts partners point. Pennsylvania and New Jersey

Automation of a Hydrodynamic Model for the Tidal Delaware for Rapid Assessment of Spill Impacts on Water Intakes The tidal Delaware River provides drinking water for nearly two million people. This same portion of the river also is home to a dense concentration of chemical, petroleum, and manufacturing facilities. Because the tidal influence on the river results in upstream as well as downstream water movement approaching 12 miles every 12.5 hours, water intakes are at risk from both downstream and upstream spills. Over a dozen documented spills have occurred in the last 20 years. Nationally available time-of-travel tools have been developed for non-tidal rivers, but they do not address the complex hydrodynamics of tidal systems like those found in the Delaware Estuary. During a contaminant release event, water utility managers need to know which intakes will be impacted, as well as the timing and likely duration of the impact, in order to determine how to use limited water reserves most efficiently while protecting drinking water and infrastructure. Up-to-date hydrodynamic conditions and realistic future hydrologic inputs are one of the key components to depict the dispersion of any spill event and to provide relatively accurate predictions for decision makers. However, recent spill responses have demonstrated that the time required to populate, run, and process a hydrodynamic and subsequent mass transport and fate model probably exceeds the critical first tidal cycles after the spill. Following the Athos I spill, DRBC Water Resource Engineers/Modelers Dr. Namsoo Suk and John Yagecic developed an automated system to retrieve and process current hydrological and meteorological data, create a model input file, run an existing hydrodynamic model, and process the output. The hydrodynamic model was recently updated and calibrated by DRBC as part of the PCB total maximum daily load (TMDL) for the Delaware Estuary, which extends from the mouth of the bay where it meets the Atlantic Ocean to the head of tide at Trenton, N.J. This model is run overnight, every night, without user input. This system obtains both recent observations and forecasts of upstream freshwater flows via the Internet from the U.S. Geological Survey and the National Oceanic and Atmospheric Administration (NOAA) as well as tidal boundary elevations from NOAA. The model includes a forecast typically extending five days into the future. The automated flow and transport model has been operational since January 2006. Upon notification that a spill has occurred, the most recent hydrodynamic prediction file can be coupled with a dispersion model to predict the relative concentration of the contaminant in the vicinity of water intakes. By automating the hydrodynamic modeling, the time required to develop a contaminant transport prediction can be reduced dramatically. Utilizing three- to five-day upstream inflow predictions from the National Weather Service, the model can generate near term estuary hydrodynamic forecasts. In addition, periodic confirmation runs ensure that the model is functioning properly in time of need. Since all the applications utilize widely available standard business software, this concept is easily transferable to other systems and other model platforms.

19 Basin News Briefs

th 50 Anniversary of Supreme Comprehensive Conservation and of decision makers, on May 10-11, Court Decree Management Plan (CCMP) to 2005 in Newark, Del. June 7, 2004 marked the 50th protect and restore the estuary’s anniversary of the 1954 U.S. natural resources. Over the • The Delaware Estuary Monitoring Supreme Court decree that resolved past several years, the DELEP Report covering monitoring an interstate dispute between New office, located at the DRBC’s developments and data collected York State, New Jersey, Pennsylvania, headquarters, worked closely or reported during 1999-2003 was Delaware, and New York City over the with scientists and planners to completed in September 2004. allocation of water in the Delaware facilitate interstate coordination The report, which was prepared by River Basin. and enhancement of the overall DRBC Monitoring Coordinator The amended decree, which resource management capacity in Ed Santoro in cooperation with the replaced an earlier 1931 decree, the estuary while the private, non- commission’s Monitoring Advisory determined the amount of water that profit Partnership for the Delaware Committee, can be viewed at http:// the city can take from its Delaware Estuary, located in Wilmington, www.nj.gov/drbc/04MonRpt/index. Basin reservoirs and the amount Del., focused on education and htm. it must release downstream. The stewardship programs. Following U.S. Geological Survey’s (USGS) the resignation of DELEP Director • Congressmen Frank LoBiondo Office of the Delaware River Master Peter Evans during the summer (R-N.J.) and Michael Castle (R- was established to ensure that the of 2004, the decision was made to Del.) along with Senators Jon provisions of the 1954 decree are merge the Partnership and DELEP Corzine (D-N.J.), Thomas Carper met. The daily operations of the River into one entity under the leadership (D-Del.), Frank Lautenberg (D- Master’s Office are conducted by of Partnership Executive Director N.J.), and Joseph Biden (D-Del.) Deputy River Master Gary Paulachok, Kathy Klein, effective October secured $300,000 in federal funding who is located in Milford, Pa. 2004. The DRBC will continue for a Delaware Estuary oyster River Master Steve Blanchard to lead the scientific aspects of restoration project during 2004. paddled with Delaware River DELEP and in January 2005 hired Acting Governor Codey announced Sojourners on June 8, 2004 and Dr. Danielle Kreeger as estuary in February 2005 that New Jersey gave a presentation about the decree science coordinator to assess and would contribute an additional and his office’s duties during the compile estuary data and to serve as $300,000 to the effort. The funds lunchtime break. On September 22, a liaison between DELEP and the are being used to plant empty 2004, DRBC commissioners and commission. clam shells to spur the growth of staff participated in a congressional oyster seed, which will then be briefing sponsored by USGS in • A two-part science conference transplanted at nursery sites in the Washington, D.C. to celebrate the was convened by the Partnership Delaware Bay. This project will decree’s anniversary and its 50 years for the Delaware Estuary during economically benefit the coastal of cooperative water management in 2005 to bring researchers, resource communities in both New Jersey the basin. Additional information managers, the public, and other and Delaware and is an excellent about the decree, including links to the interested parties together to example of the federal and state Delaware River Master’s web site, can summarize the current state of governments working together to be found at http://www.nj.gov/drbc/ science regarding the estuary and leverage taxpayer dollars in support decree.htm. to build consensus in defining of a vital, shared natural resource. and prioritizing future science DRBC Deputy Director Bob Tudor Delaware Estuary News needs. “The State of Science in has been actively involved in the • The Delaware Estuary Program the Delaware Estuary” took place oyster restoration efforts. (DELEP), one of 28 national January 10-12 in Cape May, N.J. estuary programs, was established and was followed by “Linking • New Jersey and Delaware in 2004 in 1988 to lead public and Science and Management for the issued common fish consumption private partners in the creation Delaware Estuary,” which was advisories for shared waters in and implementation of the geared toward the science needs the lower part of the Delaware

20 Estuary, including the bay and the of issues was completed in August nj.gov/drbc/crc.htm to learn more Delaware River downstream of 2004. The “Strategy for Resolution about this tri-national river basin the Pennsylvania border, sending of Interstate Flow Management management project. a consistent message to the public Issues in the Delaware River Basin” International visits to the DRBC’s about what fish are suitable for was prepared for the commission by headquarters in West Trenton eating and in what quantities. This HydroLogics, Inc., in association with continued during 2004 and 2005 as is a great start to achieving common STV, Inc., ATS, Inc., the Greeley- commission staff welcomed a visitor fish consumption advisories among Polhemus Group, and DRBC staff. from Australia as well as multiple the states throughout the estuary The complete report can be viewed on delegations from China and South and is a key goal of the Delaware the commission’s web site at http:// Korea. The last delegation visiting Estuary Program’s CCMP. www.nj.gov/drbc/04flowreport/index. the DRBC in 2005 included officials htm. from the National Capital Territory Pennsylvania Act 220 Water of Delhi, who wanted to learn about Resources Planning International Interest in the DRBC the commission’s approach to water The DRBC received $250,000 in Continues resources management to help them additional funding from Pennsylvania DRBC Executive Director Carol R. address the various issues facing 15 during both 2004 and 2005 to help Collier had the opportunity to visit the million people in India’s Yamuna River the Commonwealth develop its new People’s Republic of China and Japan Basin. The Yamuna flows into the state water resources plan as required in 2004 as a member of a study group Ganges River, which drains an area by Act 220. This funding would initiative that brought together several that is home to about eight percent of not have been possible without the Chinese, U.S., and Japanese water the world’s population. strong support from a number of state experts to explore the potential for senators and representatives as well U.S.-Japan partnerships in promoting NPS Director Experiences the as the DEP and Governor Rendell’s stronger river basin governance in Delaware office. Tasks include developing China. The study tours and group National Park Service (NPS) water demand analyses and inputs research papers focused on river basin Director Fran Mainella visited the for watershed budgets, defining management institutions, financing, Delaware River Basin over several days critical areas, and water conservation. and public participation in the three in late July 2005. Her first destination DRBC staff helped to organize nations. This project, “Crafting Japan- included the Upper Delaware Scenic public meetings and hearings during U.S. Water Partnerships: Promoting and Recreational River, where May and August 2005 in Blue Bell Sustainable River Basin Governance she received an orientation to the and Hawley, Pa. to give residents of in China,” southeast and northeast Pennsylvania was jointly an opportunity to provide input initiated by the into the development of the new Woodrow Wilson state water plan. Both sessions were International coordinated by the Delaware Water Center for Resources Regional Committee, Scholar’s China which is chaired by DRBC Executive Environment Director Carol R. Collier. She Forum (located also serves on the Statewide Water in Washington, Resources Committee. D.C.) and the Institute of Interstate Flow Management Developing Strategy Report Issued Economies A report summarizing flow (located in Chiba, National Park Service Director Fran Mainella landing a smallmouth bass on the Delaware management issues in the basin Japan). Visit the River below Damascus, Pa. Joining her in the kayak is outdoor writer/editor Ken Schultz and recommending procedures and DRBC web site and in the background is NPS Resource Specialist Don Hamilton. (Photo courtesy of technical tools to resolve these types at http://www. Sandra Schultz/NPS) 21 park, paddled the river, caught a Jarmar Award for Outstanding few fish, and attended RiverFest Environmental Achievement by in Narrowsburg, N.Y. During her the New Jersey Chapter of the day-long visit to the Delaware American Planning Association in Water Gap National Recreation 2005. Area (DWGNRA) on July 25, she toured the park and participated in • The commission’s Pollutant the 16th Annual “On and Under the Minimization Plan (PMP) rule, Delaware River Cleanup” sponsored approved in May 2005 to reduce by Kittatinny Canoes. Kittatinny Helis, the beluga whale, in the Delaware River near levels of toxic chemicals in the proprietor Ruth Jones and hundreds of Burlington, N.J. (Photo courtesy of NOAA/U. S. Dept. of water column and fish of the volunteers over the years have removed Commerce) Delaware Estuary, received an nearly 250 tons of trash and thousands Honorable Mention in the Clean of tires from the river. and Plentiful Water category “This is my first time on the adult in 1986 in the St. Lawrence at New Jersey DEP’s Annual Delaware, and it looks like a lot of River, was seen regularly until 1994, Environmental Excellence Awards fun,” Mainella said in a Sullivan but then only twice in 2000 and 2003 Program in November 2005. County Democrat article. “I am so before his unexpected trip to the Project Application Status Web impressed [with] what is being done Delaware. Experts said the whale, Page around this area. You have so many estimated to be 10 to 12 feet long, groups working together to ensure the appeared to be in good health despite A new page was added to the beauty of the Delaware River as well being about 1,200 miles away from DRBC’s web site in December 2005 as its surrounding communities. The his home somewhere between the St. to assist applicants and the public in Delaware River has so much to offer, Lawrence River and the Arctic Circle. understanding the status of docket and working together like everyone One theory was that Helis swam up and permit applications. In addition is, I know the river’s future is well the Delaware enjoying meals of shad, to general information about the protected.” which also were swimming upstream commission’s project review authority, Mainella is the 16th director and during spawning runs taking place at a matrix is provided containing the first woman to lead the National that time of the year. The U.S. Coast information about applications that Park Service. According to published Guard and N.J. State Police carefully are currently under review. The page, reports, she is the first NPS director to watched the whale, protected by which is updated monthly, can be visit the DWGNRA, which celebrated federal law, to make sure boaters and viewed at http://www.nj.gov/drbc/ its 40th anniversary on September 1, others left it alone as it eventually dockets/status.htm. 2005. made its way back to the Delaware Bay and out into the Atlantic Ocean. A Whale of a Tale For about a week during April DRBC Awards 2005, hundreds of onlookers flocked • The commission was presented to the banks of the Delaware River a first place “Blue Pencil” award to catch a view of a wayward, white by the National Association of beluga whale that was sighted as far Government Communicators for its upstream as Trenton, N.J. Noticing bald eagle and shad bookmarks in an old healed scar on the back of the May 2004. whale, researchers identified the out- of-place, cold-water mammal as a male • DRBC’s Water Resources Plan for the named Helis (pronounced “ay’-LEE,” Delaware River Basin: A Common derived from the French word for Vision for a Common Resource, propeller, helice, the suspected cause published in September 2004, of his scar). Helis, first sighted as an received the Elwood “Woody”

22 Financial Summary: Cumulative Federal Shortfall Expected to Top $6 Million

The commissioners on January Delaware River Basin Commission Fiscal Summary - Agencywide 19, 2005 unanimously adopted FY04 FY05 the DRBC’s $4.97 million annual General Fund operating budget for Revenues: fiscal year (FY) 2006, which extends Signatory Contributions $2,601,000 $2,643,000 from July 1, 2005 through June Grants & Special Projects 2,364,903 2,677,309 30, 2006. The federal Energy and Surface Water Supply Charges 2,320,097 2,356,251 Water Development Appropriations Project Review Fees, Investment Income & Other 1,019,437 1,174,801 Act (P.L. 104-206) eliminated U.S. funding support of the DRBC’s Expenses: Salaries & Benefits $3,543,840 $3,227,590 annual operating budget beginning Operating Expenses 2,717,152 3,090,871 in October 1996. Federal funding Debt Service and Depreciation 1,521,188 1,246,424 has not resumed since that time and Building Improvements/Equipment Acquisition 410,524 58,571 the resulting cumulative shortfall is projected to grow to $6.4 million by the end of FY 2006. For the second consecutive year, four years. This underscores the urgent the budget adopted in January 2005 need for the federal government and put in place a mechanism for program the four basin states to fully pay their and service reductions if the five fair share contributions. commission members do not fully The DRBC’s financial records are contribute their fair share of the audited annually as required by the annual budget. The FY 2006 budget Delaware River Basin Compact and calls for no increase in the signatory are available for inspection, upon funding levels that have been in place request, at the commission’s West since FY 2002, despite the rising costs Trenton headquarters. of delivering services over the past

“Since most of the DRBC’s [General Fund] expenses are personnel-related, programs have directly suffered by our cuts this [2005] fiscal year. We had to temporarily suspend our Flood Advisory Committee and its important flood loss reduction efforts on July 1, 2004 shortly before we witnessed the worst main stem river flooding since 1955 in September. In addition, we were forced to cut back on monitoring activities in New Jersey and Pennsylvania tidal tributaries and in November 2004 we found ourselves facing a major oil spill in the Delaware where having that lost information could have proved very useful. The basin community would have been better served had these reductions not been necessary.” – DRBC Executive Director Carol R. Collier, February 2005

23 Delaware River Basin

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e Lewes Delaware River Basin Commission h DELAWARE NEW JERSEY C Atlantic Ocean PENNSYLVANIA NEW YORK Delaware UNITED STATES OF AMERICA www.drbc.net 24

Delaware River Basin Commission 25 State Police Drive P.O. Box 7360 West Trenton, NJ 08628

Phone: 609-883-9500 Fax: 609-883-9522 Web Site: www.drbc.net