Summer Update 2013 Chesapeake currents maryland: Saving Montgomery County’s Ten Mile Creek

Ten Mile Creek, the “last best creek,” is threatened by a Many citizens from already-developed parts of proposed development in Clarksburg, in northwest Mont- the Clarksburg area are raising their voices about how gomery County. The proposed final and optional phase further development could harm their quality of life as of a build-out in what was a rural area would be certain well as the creek. Advocates have added their voices to to degrade Ten Mile Creek’s water quality. In addition to the debate, as the proposed development would be the its status as a valuable natural area, the creek is a backup antithesis the “smarth growth” ideal of walkable urban drinking water source for Washington Suburban Sanitary places with nearby public transit. Instead, this develop- Commission (WSSC) customers, increasing the issue’s ment would cause needless natural resource degradation importance for most Montgomery and Prince George’s and increase dependence on long-distance travel. County residents.

INSIDE: n Letter from the Director, page 2 n MD: New Funding to Reduce Runoff, page 3 n VA: Cuccinelli’s Frivolous Anti-Conservation Lawsuits, page 3 n DC: Stormwater Regulations and Green Infrastructure, page 4

www.CleanWaterAction.org Chesapeake Currents | Summer Update 2013 From the Chesapeake Director Andy Fellows

The fastest growing threat to the Chesapeake is the pollution that runs off of streets and parking lots across the Bay’s watershed. The fix to the problem can be expensive — outdated stormwater manage- ment is an unfortunate feature of suburban and urban landscapes of waters throughout the U.S., in part because retrofits to manage water properly are often quite costly. The old way of managing large amounts of precipitation was to build concrete channels and storm drains to carry water away from properties and communities as quickly as possible. But these kinds of systems create large quantities of fast-moving water, eroding downstream creek banks, increasing sediment pollution and degrading water quality where all that mess finally ends up. The twin problems of runoff pollution and costly conventional remedies have delayed progress restoring the Anacostia, the Potomac, the Chesapeake Bay and countless other waterways. President Obama’s Executive Order and court orders to clean up the Chesapeake Bay have put in motion a promising potential end to this pollution stalemate. States in the Bay watershed are now required to create Watershed Implementation Plans (WIPS) which must address all of the contaminant issues that are harming the Bay. Maryland has created the most ambitious WIP, and part of the plan is to address the pollution coming from streets and parking lots. The Maryland Stormwater Management Act of 2007, passed before the Executive and Court orders, strengthened the pollution rules. Next, the Watershed Protection and Restoration Act of 2012 required Maryland’s nine largest jurisdictions to cre- ate local funding to reduce stormwater pollution. In the first half of 2013, those Maryland counties and Baltimore City complied with the new state law by passing legislation. Most created a “stormwater utility fee” system based on the amount of impervious surface. This will generate millions in new funding, and leverage billions of additional dol- lars to reduce pollution in urban and suburban waters. Pollution-reducing projects eligible for funding include green roofs, tree plantings, rain gardens, grassy swales and other lush landscaping that will create literally greener and more beautiful com- munities. Jobs are created in building and maintaining these types of water management tools. If done correctly, in addition to water quality benefits there will also be economic development benefits, enhanced property values, and expanded tax bases for local communities. Clean Water Action has been front and center in the fight for these promising new water quality initiatives. Clean Water Action members like you are the reason we’re winning.

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2 Chesapeake | Summer Update 2013 www.CleanWaterAction.org maryland: New Funding to Reduce Contaminated Street Runoff

Maryland’s ten most populated jurisdictions are preparing to invest in reducing pollution from streets and parking lots under the 2012 Water Protection and Restoration Act. To implement the law, Baltimore City, Baltimore, Carroll, How- ard, Frederick, Montgomery, Prince Georges, Harford and Charles Counties have each devel- oped legislation. However, the local measures vary consid- erably in how they are funded and their likely benefit. Frederick County plans to use general fund monies to cleanup its stormwater pollution, levying only minimal fees on paved surfaces responsible for the problem. Others have issued exemptions or reduced fees for church-owned properties. On balance, though, fees based on paved surface areas will raise millions in fund- ing to reduce water pollution.

virginia: Attorney General Cuccinelli’s Frivolous Anti-Conservation Lawsuits

Clean Water Action has launched a campaign urging Virginia’s attorney general to improve his performance on natural resource protection issues. Since taking office in 2010, Ken Cuccinelli has filed wasteful lawsuits to block federal fuel efficiency standards. Had those suits succeeded, they would have cost Virginia families thou- sands of dollars in gasoline costs. Alleging that climate scientists were conspiring to defraud the public, Cuc- cinelli also sued the University of Virginia, hoping to obtain a climatology profes- sor’s e-mail files as proof. He also sued the U.S. Environmental Protection Agency (EPA), denying scientific consensus to dispute the agency’s finding that greenhouse gas pollution is harmful to human health. He even sued to stop Virginia’s voluntary program for electric utilities that encourages clean, renewable energy. Cuccinelli’s abysmal record as Attorney General picks up where his career in the state legislature left off. As a Richmond Representative, his lifetime voting score was only 27% on conservation and environmental issues. Almost always, his votes were against protecting Virginia’s natural resources. Clean Water Action’s members have been calling Cuccinelli’s office at 804-786-2071 to express their disappointment and encourage him to improve.

www.CleanWaterAction.org Chesapeake Currents | Summer Update 2013 3 district of columbia: Stormwater Regulations and Green Infrastructure

The U.S. EPA and the District of Columbia are finalizing stormwater regulations could create a national model for urban use of “green infrastructure.” Instead of piping water away from communities and harm- ing water quality, green infrastructure retains more of the water on site where it can nourish trees, shrubbery, rain gardens, green roofs, ivied walls and other plant- ings and design features that mimic nature. Such greenscapes also serve to beautify and cool communities, enhancing livability and property values. Studies have shown that communities with these features are healthier, and that the cooling benefits can also be a factor in reduced crime rates. Meanwhile, water flowing into local streams is also cooler, cleaner and more hospitable for valuable aquatic life. Clean Water Action and allies are keeping the pressure on Mayor Vincent Gray to embrace new green design stan- Green Infrastructure: dards and to mandate development prac- Sidewalk planters tices that will: (above) and rain gardens • protect water resources, (right) can help retain • beautify and revitalize communities, water to protect and • support jobs maintaining the new enhance the urban green spaces, and, environment. • boost property values and the city’s tax base. The improved regulations are expected to help restore the Anacostia River, Rock Creek and the Potomac River, and achieve progress in the District’s part in the restoration of the Chesapeake Bay.

Chesapeake Currents Managing Editor: Jonathan Scott President and CEO: Robert Wendelgass Summer Update 2013 Writers: Andrew Fellows, Andy Galli, Kevin Jeffery, Clean Water Action is a national citizens’ organization working for Brittani Garner clean, safe and affordable water, prevention of health-threatening Design: ES Design pollution, creation of environmentally-safe jobs and businesses, and empowerment of people to make democracy work. Reproduction in whole or part is permitted with proper credit. Clean Water Action organizes strong grassroots groups, coalitions © Copyright 2013 All rights reserved. and campaigns to protect our environment, health, economic well-being and community quality of life.

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4 Chesapeake Currents | Summer Update 2013 www.CleanWaterAction.org