Riverwatch Captain’s Manual

Acknowledgements

This Captain’s Manual was created by Buffalo Niagara RIVERKEEPER for the volunteers of the Riverwatch program. We would like to thank our Riverwatch Captains, our AmeriCorps and university interns, and our Board of Directors for their dedication and enthusiasm.

Buffalo Niagara RIVERKEEPER extends a special thanks to Hudson RIVERKEEPER for their support in the development of this program. Portions of this manual, particularly Chapters 4 through 6, are drawn from Hudson’s similar Watchdog Manual.

Captains are encouraged to contact RIVERKEEPER with any questions and concerns: Buffalo Niagara RIVERKEEPER Robbyn Drake, Riverwatch Program Director 1250 Niagara Street Buffalo NY 14213 (716) 852-7483 (office) (716) 523-8694 (emergency only)

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Table of Contents

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Chapter 1 Our Niagara Watershed 5 1.1 The big picture 5 1.2 Troubled waters 7

Chapter 2 The RIVERKEEPER 12 2.1 The first RIVERKEEPER 12 2.2 Buffalo Niagara RIVERKEEPER 13 2.3 Our mission 14

Chapter 3 The Riverwatch Program 15 3.1 The Riverwatch program 15 3.2 Captain’s briefing 16 3.3 Training workshops 17 3.4 Captain Fact Sheet #1 18 3.5 Captain Report Form 22 3.6 Safety and discretion 25

Chapter 4 Environmental Laws 27 4.1 Federal laws 27 4.2 New York State laws 32 4.3 Local laws 35 4.4 Whistleblower protection 37

Chapter 5 Classifying Pollution 39 5.1 Point source pollution 39 5.2 Nonpoint source pollution 39

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Table of Contents

Page

Chapter 6 Water Quality Indicators 41 6.1 Sampling 41 6.2 Chemical indicators 42 6.3 Biological indicators 47

Chapter 7 Resources 50 7.1 Contacts 50 7.2 Links 57 7.3 Publications 63

Appendices 66 A Glossary of commonly used terms 66 B Common acronyms 71

Supplemental materials Riverwatch Captain List Captain Report Forms (12) Fisherman’s Log

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1.1 The big picture Western New Yorkers dwell on the shores of our planet’s great freshwater seas. One- fifth of Earth’s surface fresh water is contained in the Great Lakes and passes through the narrow neck of our Niagara River. All across the watershed, creeks, ditches, ponds and patches of wetland habitat greet those who venture outdoors.

Linking the with Canada, the Niagara River travels 37 miles on its route from Lake Erie to Lake Ontario, carrying an average flow of 212,300 cubic feet per second (cfs), 83% of Lake Ontario’s tributary flow. The outlet for four of the five Great Lakes, the Niagara River drains waters from approximately 264,000 square miles (684,000 kilometers), an area roughly the size of the state of Texas.

Locally, our U.S. side of the Niagara River watershed has a drainage area of approximately 1,225 square miles, including five counties and 1.5 million residents. Its principle tributaries include the Buffalo River (including Cazenovia, Buffalo and Cayuga Creeks), Tonawanda Creek (including Ellicott, Ransom and Murder Creeks), Scajaquada Creek, Smokes Creek, Cayuga Creek (Niagara County), Gill and Fish Creeks.

The tremendous volume of flow has made the Niagara one of the most important sources of hydroelectricity in the world. As the river falls nearly 170 feet, the hydropower generating facilities located in Canada and the US are able to generate a staggering 4.4 million kilowatts of hydroelectric power.

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This wealth of water has created an intensely rich landscape. Ninety-two species of fish inhabit the waters of the Niagara River and its tributaries, among them many beloved of fishermen such as Muskellunge, Northern Pike, Walleye and Bass. Birds of all feathers grace the region, inspiring the National Audubon Society to declare the river corridor an “Important Bird Area” of worldwide significance. Unique plant communities survive in isolated places such as the cliff walls of the Niagara Gorge. Our urban waterways bloom with unexpected stretches of natural habitat, in some cases side by side with icons of the region’s industrial heritage.

Waterways, lakes and wetlands are arguably our region’s greatest resource. Generations of Western New Yorkers have made a living from their bounty. Residents and visitors alike enjoy stunning sunsets, world-class fishing, and challenging hikes and paddles along our rivers, creeks, lakes and streams.

This is the luxurious legacy of our Niagara River watershed – the vast region of land that, through creeks, streams and ditches, drains into the Niagara River and its tributaries.

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The Niagara River watershed includes 1,225 square miles of land in the U.S.

1.2 Troubled waters Long before the first European settlers reached Niagara’s shores, the region was home to a vast diversity of life. Clouds of terns and gulls crowded the skies, cruised the shoreline and searched the waves for glimmering fish. In springtime their nests littered the beaches. Fish thrived in the cool, clear water, where giant Sturgeon glided along the

Buffalo Niagara RIVERKEEPER Riverwatch Captain’s Manual 7 Chapter 1 Our Niagara Watershed riverbed. Black bear, wolf, cougar and bobcat prowled the deep forests along the riverbanks, beaver dammed the streams, and otter frolicked in the shallows. Native people fished the teeming waters, hunted the rich woodlands and revered the sacred power of the Falls and Gorge.

Our region’s richness, coupled with the ease of transporting goods along the many waterways, led to rapid settlement and development. The first immigrants came to exploit the valuable timber and farmland, changing the rolling forests to a patchwork quilt of fields and pastures. Later arrivals were drawn by the promise of jobs at thousands of factories crowding the creek and river shores during the industrial boom. After more than two centuries of our use and abuse, the lands and waters of the Niagara region have come to bear many scars.

Water quality in the Niagara and Buffalo Rivers, although improved from 1950’s conditions, is still impacted by at least 18 persistent toxic pollutants. Some of these, such as PCBs and dioxin, concentrate in fish and wildlife tissues and may cause fish tumors. Regular inflows of raw sewage from Combined Sewer Overflows in Buffalo, Niagara Falls and some first-ring suburbs as well as failing septic systems flood our rivers with dangerous fecal bacteria. Stormwater runoff carries pollutants, pesticides and unhealthy levels of nutrients into all of our local waterways.

Habitat throughout the Niagara watershed has also been devastated – the great forests have been cut or fragmented by roads and suburbs, the vast wetlands drained, the rivers and creeks channelized and dredged. Poorly planned development continues to threaten remaining habitat and water quality throughout the region. Invasive plant and animal species have been introduced to both aquatic and terrestrial environments, damaging critical relationships and functions of the ecosystems they colonize.

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Great Lakes Areas of Concern The Niagara River is designated a Class A-Special waterbody, the highest protection any waterbody can receive by NYSDEC. The best uses have been identified as a source of drinking water, bathing and aquatic life. By contrast, the Buffalo River has been designated as a Class C waterbody with fishing identified as its best use. This designation fails to recognize a growing body of photographic and survey evidence indicating that community members regularly use the River for both swimming and fish consumption.

In 1987, the U.S.-Canada Great Lakes Water Quality Agreement identified the Niagara River – and its second largest tributary, the Buffalo River – as two of 43 Great Lakes Areas of Concern (AOC’s). These trouble spots fail to meet environmental objectives of the Agreement and suffer unacceptable impairments of natural integrity and beneficial human uses.

The Buffalo and Niagara rivers, their sediments and near shore areas have been impaired by over a century of industrial activities and municipal waste discharges. To address these problems, New York State DEC, in conjunction with citizen advisory committees, prepared Remedial Action Plans (RAP) for the Buffalo River in 1986 and the Niagara River in 1994. For both Rivers, the official RAP documents identified restrictions on fish and wildlife consumption, primarily due to PCB, chlordane, dioxin and/or mirex contamination. Similarly, contaminated sediments in both river channels have been identified as the cause of degradation of benthic activity and restrictions on dredging activities. The RAPs also identify loss of fish and wildlife habitat due to physical disturbances from human activities such as annual river maintenance dredging, shoreline bulkheading and urban land uses as impairments.

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Unfinished Business For decades, local, state, federal and bi-national projects have worked to improve the Rivers. Their success stories include remediation of many inactive hazardous waste sites, implementation of the State Permitted Discharge Elimination System, the Niagara River Toxics Management Plan, Niagara River Remedial Action Plan, Regional Municipality of Niagara’s Niagara Water Quality Protection Strategy and several habitat restoration projects.

Nevertheless, throughout the Niagara River watershed: • The water remains unsafe for swimming and undrinkable due to elevated bacteria levels from combined sewer overflows, failing septic systems and agricultural runoff. • There remains a long-standing fish consumption advisory due to contamination from urban runoff, historic dumping and inactive hazardous waste sites. • Fish and wildlife continue to suffer from botulism, tumors, deformities and reproductive problems. • Fish and wildlife have limited habitat due to development pressures and shoreline bulkheading. • Dredged sediment from navigational maintenance must be transferred to confined disposal areas due to high contamination levels.

According to 2002 Toxic Release Inventory data, the primary sources of toxic releases to the Niagara River were • CWM Chemical Services • Huntley Generating Station. • Delphi Harrison Systems • Ivaco Steel Processing • Buffalo Sewer Authority • Buffalo Color

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These injuries to our lands and waters threaten the economic vitality of our communities, our quality of life, and our very health. Restoring our magnificent watershed and promoting responsible use of its many gifts may also be our greatest hope for a bright, economically and environmentally sustainable future. Your efforts as a Riverwatch Captain will bring us a few steps closer to achieving our dream of a clean, healthy, vital Western New York. We hope you take pride in this role as you become Buffalo Niagara RIVERKEEPER’s “eyes and ears” on the water.

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2.1 The first RIVERKEEPER

The parent organization of the first RIVERKEEPER group, the Hudson River Fishermen’s Association, was formed in the mid-1960’s by commercial fishermen who were outraged at the degraded state of New York’s Hudson River. Raw sewage was discharged into the river from many river towns and New York City. The river had been an industrial dumping ground for decades and was considered to be an open sewer.

The group’s leader, Robert Boyle, discovered two laws which were on the books but had never been enforced. These laws – the Federal Refuse Act of 1899 and the New York Rivers and Harbors Act of 1888 – banned the discharge of pollutants into America’s navigable waters and carried a fine for violators. The laws also carried the provision that the person who reported the polluter would keep half of the fine. Boyle saw these laws as a way to both clean up the Hudson and raise money for the Fishermen’s Association. Armed with the laws, the Fishermen began to collect evidence and won their first case against Penn Central, who had been dumping oil waste into the Hudson for years. The case garnered a $2,000 bounty for the Fisherman.

The Fishermen’s Association continued their work of investigating and suing polluters for many years. In 1983, they hired John Cronin as the first full-time Riverkeeper and established the Hudson RIVERKEEPER organization. John used an old fishing boat to patrol the River and uncover evidence that was vital to prosecuting polluters. Hudson RIVERKEEPER, Inc. has successfully prosecuted over 100 environmental law-breakers since that time.

Since the birth of the first RIVERKEEPER, over 150 other “keeper” organizations have sprung up around the world to protect waterways. These groups, including Buffalo Niagara RIVERKEEPER, are allied together as members of the Waterkeeper Alliance.

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2.2 Buffalo Niagara RIVERKEEPER Buffalo Niagara RIVERKEEPER began in 1988 as a small community organization called Friends of the Buffalo River. The group had formed as a citizen’s committee providing input for the NYS Department of Environmental Conservation’s Buffalo River Remedial Action Plan. The Friends advocated for improved water quality and public access on the Buffalo River, organized community cleanups of the shoreline, and worked successfully on important policy issues such as setback ordinances, a Buffalo River Greenway plan and an Urban Canoe Trail guide.

In 2000, a strategic planning process led the Friends to expand their mission beyond the Buffalo River watershed to include the entire US side of the Niagara River watershed. In this new capacity, the Friends took on the most important environmental negotiation to impact the Niagara for the next 50 years: the relicensing of the Niagara Power Project. Endorsed by a coalition of over 30 local nongovernmental organizations, the Friends worked to ensure that the New York Power Authority Comprehensive Settlement Agreement would provided sufficient resources to mitigate the project’s impacts on the Niagara River. Currently, New York Power Authority is expected to provide over 500 million dollars for habitat, ecological and recreational improvements along the Niagara River system beginning in 2008. The overwhelming majority of this funding is tied to the creation of a Niagara River Greenway.

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By 2005, FBNR was deeply involved in regional projects such as the New York Power Authority Relicensing Settlement as well as community projects such as the Cayuga Creek restoration. Group leaders chose to seek RIVERKEEPER status, seeing opportunities in the wide network of support available to Waterkeeper Alliance members. Buffalo Niagara RIVERKEEPER was established in September of 2005. One of the new programs initiated with this transition was the Riverwatch volunteer waterway monitoring program.

2.3 Our mission The mission of Buffalo Niagara RIVERKEEPER is to promote, preserve and protect the natural and historical environments of the Buffalo and Niagara Rivers, all tributaries and their environs for the benefit of the local community. Through our work, we seek to: • Restore the ecological health of the Buffalo and Niagara River systems

• Express and celebrate the cultural and historic fabric of the area

• Improve public access along local waterways for surrounding communities and citizens of the region

• Encourage community awareness, "ownership" and stewardship of our waterways

• Support sustainable development of the region's economy

• Act as a regional waterway advocacy organization

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3.1 The Riverwatch program The heart of the Riverwatch Program is the group of well- informed, enthusiastic citizen volunteers monitoring territories along waterways throughout the Niagara watershed. The Captains are our eyes and ears in their communities, keeping track of the state of their waterways, identifying and investigating problems and reporting any concerns back to RIVERKEEPER. Captains may also become active agents for change in their communities, helping to educate and involve others in the effort to protect and improve our water resources.

We work with Captains to address both acute and chronic threats to their waterways, employing all the tools of environmental advocacy including litigation. Through training and vigilance, Captains seek to serve as ambassadors of their waterways in the larger community. The Riverwatch program is an expanding network of these dedicated volunteers who collaborate to protect and restore the Niagara River watershed.

Through the Riverwatch program, Buffalo Niagara RIVERKEEPER seeks to: • improve water quality, wildlife habitat and public access in the Niagara watershed through increased monitoring of spills, discharges, runoff and land use • improve response to acute and chronic problems in the watershed • improve public awareness in the community concerning pollution prevention (especially in regards to stormwater) and habitat protection

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• educate shoreline landowners on best management practices to maintain waterway health • expand the current watershed-wide, semi-annual shoreline cleanup program • establish a reliable and active volunteer network of citizen volunteers on the Buffalo and Niagara Rivers and all major tributaries • raise the profile of Buffalo Niagara RIVERKEEPER at the neighborhood level

3.2 Captain duties and opportunities Captains are expected to commit to the following duties in order to qualify for participation in the program: • Carry out at least twelve monitoring inspections, by land or water, of their territories per year. For captains with multiple territories, twelve inspections total (not per territory) are expected. • Document any spills, problems or other items of interest using the Captain Report form provided by RIVERKEEPER. • Return the Report to the Riverwatch project coordinator. • Attend as many as possible of the 6-8 Riverwatch training workshops offered per year.

Riverwatch Captains are also encouraged, but not required, to participate in these further opportunities: • Conduct more than twelve inspections per year. • Serve as site captain in their territory for spring and fall shoreline cleanups. • Participate in the Pipewatch program, storm drain stenciling, water quality testing or shoreline restoration. • Pursue greater understanding of their waterway and the watershed as a whole. • Work with RIVERKEEPER staff, other captains and agencies to address chronic problems in their territory.

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All Captains work with RIVERKEEPER through the Riverwatch program coordinator. The coordinator fields incoming reports so that RIVERKEEPER can address problems as quickly and effectively as possible. The coordinator also arranges the training workshops, organizes the fall and spring cleanups, visits sites when necessary, and works with Captains to find maps and other information in order to build their knowledge of the waterway.

3.3 Training workshops RIVERKEEPER will hold 6-8 training workshops per year for the benefit of Riverwatch Captains. These programs will vary from one to three hours in length, and will focus on training Captains to be more effective in their assessment of waterways and identification of problems. Workshops will be conducted by local experts from a variety of sources including government agencies and other nonprofits as well as within the RIVERKEEPER organization. Captains are encouraged to attend as many sessions as possible, as each topic will build their knowledge of waterway issues and help them to perform better monitoring inspections.

Captains who have expertise in a particular water resource topic and are interested in conducting a training workshop for other Captains are encouraged to contact the program coordinator. Any suggestions for future workshop topics are also appreciated. A current listing of proposed and scheduled workshops is included in your individualized Captain folder accompanying this manual.

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3.4 Captain Fact Sheet #1 – What am I looking for? RIVERKEEPER has assembled a general listing of conditions that should alert Captains to a problem on the waterway, along with other items of interest we would like to see noted on a Captain’s report. Please note that this list is just an overview; these topics will be discussed in greater detail in the training workshops. The fact sheet is intended for use as a general reference before carrying out a monitoring inspection and while completing a report.

This fact sheet organizes reportable items into three major categories: Pollution, Habitat and Public Access. For extra copies of Captain Fact Sheet #1, please contact the program coordinator.

Pollution 1. Spills1 • Unusual smells, colors, or material in the water or on shore • Oil sheen or slick on surface of water • Unidentified pipes or other outfalls • Suspicious activity by boats, vehicles or individuals • Sick or dead wildlife or fish2 • Disturbed shoreline area or manhole covers • Discussion of illegal dumping

1 Never touch or inhale spilled materials; the substance may damage your skin, eyes or lungs or may be a chemical that causes cancer. Do not sample any materials unless you have been trained in safe sampling techniques and have proper safety equipment.

2 Please do not handle or sample dead wildlife or fish. Tiny amounts of botulism or other bacteria could get onto your hands and cause serious or deadly illness.

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2. Combined Sewer Overflows (CSOs) and Sanitary Sewer Overflows (SSOs) • Sewage smell • Floating human waste, toilet paper, hygiene products • Flow from sewer outfalls • Sick or dead wildlife or fish

3. Legal discharges • Flow from permitted pipes or other outfalls • Smells, colors, or material in the water near these outfalls • Oil sheen or slick on surface of water • Sick or dead wildlife or fish in vicinity of outfall

4. Stormwater runoff • Trash, yard waste, oil sheen/slick, unusual smells or colors in the water following a rainfall • Flow from a “storm sewer” or stormwater outfall • Debris, oil sheen, unusual smells or colors in the flow from stormwater outfall • Sediment in the water (“chocolate milk” creeks) • Erosion from construction sites on shore

5. Litter • Scattered debris on heavily visited public lands • Concentrations of debris washed down during floods • Concentrations of trash at illicit “party” spots • Illegally dumped construction debris or household trash

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6. Historic Contamination • Fish with deformities, eroded fins, lesions or tumors • Sick, dead or deformed wildlife • Fish or wildlife with tainted flavor • Deformed or absent benthic (bottom-dwelling) invertebrates

Habitat 1. Land Use • Disturbance (including digging, dredging or cutting of vegetation) of the shoreline or creekbed • Disturbance of wetlands, including surveying, draining, filling, ditching, spraying or cutting of vegetation3 • Construction near the shoreline • Presence of unidentified, undeveloped lands

2. Restoration • Presence of invasive plants or animals • Degraded habitat areas on public lands (filled, ditched, bulldozed, invaded by alien species, lacking wildlife) • Presence of healthy wildlife and fish4 • Presence of unique habitat areas, such as mature forest, bog or wetland, especially on public lands

3 Wetlands are characterized by common wetland plants such as cattails, standing water during some or all of the year, and wetland soils. Wetlands are home to many animals and plants that cannot live anywhere else. Many wetlands are protected by law from disturbance.

4 Yes, we like good news, too! Fishermen may use our Fisherman’s Log to report their catch (blank forms are included in your folder).

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Public Access • Blocked or poorly maintained public access points • Dangerous conditions at public access points • Actual public uses of sites5 • Debris blocking boat access on waterways • Construction or maintenance of public access points in a way that damages wildlife habitat or water quality

5 Documenting how people are using our waterways will help us to do a better job of advocating for them. Please note fellow paddlers, hikers, birdwatchers, fishermen, etc. on your report.

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3.5 Captain Report Form Captains should fill out a Captain Report Form any time they encounter a situation of interest or concern in their territory. For a general listing of possible situations to report, please see the Captain Fact Sheet #1 (Chapter 3.4). In a spill situation, Captains should call Buffalo Niagara RIVERKEEPER and the NYSDEC Spill Hotline immediately. These contact number are listed at the top of each Report Form.

When completing the Report Form, it is often helpful to RIVERKEEPER if the Captain attaches a map of the site with problem areas marked. This may be hand-drawn, or a copy of the USGS quadrangle map used. These maps can be found online for free at www.topozone.com.

Photo documentation can be very important, especially in cases where RIVERKEEPER might seek to prosecute an environmental lawbreaker. Captains who own a camera should bring it with them on all monitoring inspections.

A sample Captain Report form is filled out on the following pages. Blank forms can be found in each Captain’s folder.

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3.6 Safety and Discretion When out on the waterways, safety should always be the first priority. Captains should abide by these safety guidelines when carrying out their monitoring inspections. Dress appropriately for the weather and the work. Pay attention to your body: recognize signs of hypothermia (sleepiness, mental confusion), frostbite (numbness, pale skin) and heatstroke (racing pulse, nausea, exhaustion). Never underestimate the power of flowing water. It is easy to become swept away and trapped under debris even in shallow water. Use caution when working around steep or slippery banks, and anytime you are on the water. Don’t get careless because you know the waterway. Do not approach suspicious people or their pets, especially when working alone. Never enter any area where you feel uncomfortable working. Recruit others to join you, or skip the area. Consider carrying pepper spray in areas where you expect to encounter loose dogs. Never run from dogs. Treat all unknown substances as dangerous material. Never sample a possible spill area unless you have been trained to do so safely, and have the proper protective equipment. Be aware that Combined Sewer Overflows (CSOs) in many of our waterways cause dangerous bacteria levels, especially after a summer rainfall. If you are uncertain, don’t touch the water. Never walk on frozen waterways. Many factors can cause ice to “rot” from underneath, and these weak areas may be undetectable.

Captains represent the RIVERKEEPER volunteer force in the eyes of others. When conducting waterway inspections or wearing RIVERKEEPER apparel, Captains must behave responsibly. No alcohol or illegal drug use.

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Trespassing is illegal. Your status as a Riverwatch Captain does not give you license to trespass on private land without permission from the owner. Take pictures instead. Never threaten, shout at, fight with or otherwise abuse people on your waterway, no matter what they are doing. Do not engage in dangerous or illegal activities. When speaking with the press or others, please represent yourself as a citizen volunteer, not a RIVERKEEPER spokesperson.

Failure to comply with these requests results in immediate removal from the Riverwatch program.

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4.1 Federal laws Public Trust Doctrine The Public Trust Doctrine is a legal precedent dating back to Roman times. It holds that navigable rivers, streams, wetlands, seashores and bays belong to the people. The Doctrine declares that all of us have an unassailable right to access and use the waterfront for traditional purposes such as navigation, commerce, and fishing. The single most important feature of Public Trust Law is its ability to override prior legal claims. As a result, water rights that are demonstrably harmful to a navigable river or estuary can be set aside by application of the Doctrine, regardless of how old those prior claims may be. Thus, the rights claimed by developers denying access, or polluters preventing fishing, are overpowered by the Public Trust Doctrine.

The Doctrine clearly shows that WNY’s water resources do not belong to the developers who illegally fill in wetlands or try to block waterfront access. They don’t belong to the Buffalo Sewer Authority, City of Niagara Falls or any municipality who dumps raw sewage into them. They don’t belong to the U.S. Environmental Protection Agency, NYS Department of Environmental Conservation, or any other regulator. They belong to the people. The government of New York is obligated to act as protector of these waters, serving as the people’s trustee. When state governments fail to perform these duties, it is the public’s right to hold the government trustee accountable and take legal action.

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Clean Water Act Growing public awareness and concern for controlling water pollution led to enactment of the Federal Water Pollution Control Act Amendments of 1972. As amended in 1977, this law became commonly known as the . The Act established the basic structure for regulating discharges of pollutants into the waters of the United States. It gave EPA the authority to implement pollution control programs such as setting wastewater standards for industry. The Clean Water Act also continued requirements to set water quality standards for all contaminants in surface waters. The Act made it unlawful for any person to discharge any pollutant from a point source into navigable waters, unless a permit was obtained under its provisions. It funded the construction of sewage treatment plants under the construction grants program and recognized the need for planning to address the critical problems posed by non-point source pollution. The Clean Water Act also regulated development of wetlands at the federal level, requiring permits for any filling of designated wetland.

Subsequent enactments modified some of the earlier Clean Water Act provisions. Revisions in 1981 streamlined the municipal construction grants process, improving the capabilities of treatment plants built under the program. Changes in 1987 phased out the construction grants program, replacing it with the State Water Pollution Control Revolving Fund, more commonly known as the Clean Water State Revolving Fund. This new funding strategy addressed water quality needs by building on EPA-State partnerships.

Stormwater pollution from municipalities and private developments is also regulated under the Clean Water Act. In 1993, a State Pollution Discharge Elimination System (SPDES) permit for construction activities became necessary for any construction site that disturbed five or more acres. It required a stormwater pollution prevention plan to be prepared for the specific site. The plan must address erosion and sediment control and stormwater management.

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This permit was revised in 2003 to incorporate the United States Environmental Protection Agency-National Pollutant Discharge Elimination System (NPDES) Phase 2 stormwater requirements. This requires construction sites disturbing one or more acres to have an erosion and sediment control plan. A manual of standards has been adopted by the NYSDEC as minimum criteria for an erosion and sediment control plan prepared for construction sites. The manual is available on the NYSDEC website at http://www.dec.state.ny.us/website/dow/toolbox/escstandards/index.html.

The full text of the Clean Water Act is available online at: http://www.epa.gov/region5/water/pdf/ecwa.pdf

National Environmental Policy Act (NEPA) Passed in 1969, The National Environmental Policy Act was one of the first laws ever written that establishes the broad national framework for protecting our environment. NEPA's basic policy is to assure that all branches of government give proper consideration to the environment prior to undertaking any major federal action that significantly affects the environment.

NEPA requirements are invoked when airports, buildings, military complexes, highways, parkland purchases, and other federal activities are proposed. Environmental Assessments (EAs) and Environmental Impact Statements (EISs), which are assessments of the likelihood of impacts from alternative courses of action, are required from all Federal agencies and are the most visible NEPA requirements

Endangered Species Act (ESA) The Endangered Species Act provides a program for the conservation of threatened and endangered plants and animals and the habitats in which they are found. The U.S. Fish and Wildlife Service of the Department of the Interior maintains the list of 632 endangered species (326 are plants) and 190 threatened species (78 are plants).

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Species include birds, insects, fish, reptiles, mammals, crustaceans, flowers, grasses, and trees. Anyone can petition FWS to include a species on this list. The law prohibits any action, administrative or real, that results in a "taking" of a listed species, or adversely affects a listed species’ habitat. Likewise, import, export, interstate, and foreign commerce of listed species are all prohibited.

EPA's decision to register a pesticide is based, in part, on the risk of adverse effects on endangered species as well as environmental fate (how a pesticide will affect habitat). Under the Federal Insecticide Fungicide and Rodenticide Act, EPA can issue emergency suspensions of certain pesticides to cancel or restrict their use if an endangered species will be adversely affected. Under a new program, EPA, FWS, and USDA are distributing hundreds of county bulletins that include habitat maps, pesticide use limitations, and other actions required to protect listed species.

Resource, Compensation and Recovery Act (RCRA) RCRA (pronounced "rick-rah") gave EPA the authority to control hazardous waste from the "cradle-to-grave." This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous wastes.

The 1986 amendments to RCRA enabled EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous

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substances. RCRA focuses only on active and future facilities and does not address abandoned or historical sites.

HSWA (pronounced "hiss-wa")—The Federal Hazardous and Solid Waste Amendments are the 1984 amendments to RCRA that required phasing out land disposal of hazardous waste. Some of the other mandates of this strict law include increased enforcement authority for EPA, more stringent hazardous waste management standards, and a comprehensive underground storage tank program.

Comprehensive Response, Compensation, and Liability Act (CERCLA, ) Passed in 1980, CERCLA (pronounced SIR-cla) provides a Federal “Superfund” to identify and clean up uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment. Through the Act, EPA was given power to seek out those potentially responsible parties (PRPs) for any release and assure their cooperation in the cleanup.

EPA cleans up orphan sites when PRP’s cannot be identified or located, or when they fail to act. Through various enforcement tools, EPA obtains private party cleanup through orders, consent decrees, and other small party settlements. EPA also recovers costs from financially viable individuals and companies once a response action has been completed.

EPA is authorized to implement the Act in all 50 states and U.S. territories. Superfund site identification, monitoring, and response activities in states are coordinated through the state environmental protection or waste management agencies. In Region 5, the Superfund Division administers CERCLA.

Freedom of Information Act (FOIA) The Freedom of Information Act provides specifically that “any person” can make

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requests for government information. Citizens who make requests are not required to identify themselves or explain why they want the information they have requested. The position of Congress in passing FOIA was that the workings of government are “for and by the people” and that the benefits of government information should be made available to everyone.

All branches of the Federal government must adhere to the provisions of FOIA with certain restrictions for work in progress (early drafts), enforcement confidential information, classified documents, and national security information.

4.2 New York State laws Environmental Conservation Law (ECL) The ECL establishes the regulation and control of water resources by the state. It also mandates that the waters of the state be conserved and developed for all public beneficial uses and regulates the supply of potable waters, the use of water for industrial and agricultural operations, the developed and undeveloped water power of the state, the facilitation of proper drainage, and the regulation of flow and improvement of the rivers of the state. For the full test of the ECL go to: http://caselaw.lp.findlaw.com/nycodes/c37/a41.html

Freshwater Wetlands Act6 The Freshwater Wetlands Act, passed by the State Legislature in 1975, is intended to preserve, protect and conserve freshwater wetlands and their benefits, consistent with the general welfare and beneficial economic, social and agricultural development of the state. Under this act, a permit is required to conduct any regulated activity in a protected wetland or its adjacent area. The permit standards require that impacts to wetlands be avoided and minimized. If the proposed activity will not seriously affect the wetland, a

6 This information is drawn from the NYSDEC website, http://www.dec.state.ny.us/website/dfwmr/habitat/wetdes.htm

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permit with various conditions is usually issued. If the activity will affect the wetland, the benefits gained by allowing the action to occur must outweigh the wetland benefits lost, in order for a permit to be issued. Mitigation – in the form of creating or restoring wetlands to replace those lost – is often required for when significant impacts to wetlands are expected.

A wetland must be 12.4 acres or larger to be protected under the Freshwater Wetlands Act. Smaller wetlands may be protected if they are considered of unusual local importance. An adjacent area of 100 feet around every wetland boundary is also protected to provide a buffer for the wetland.

Wetlands are transition areas between uplands and aquatic habitats. They are known by many names, such as marshes, swamps, bogs, and wet meadows. Standing water is only one clue that a wetland may be present. The Freshwater Wetlands Act identifies wetlands on the basis of vegetation because certain types of plants outcompete others when they are in wet soils, and so are good indicators of wet conditions over time. These characteristic plants include wetland trees and shrubs, such as willows and alders; emergent plants such as cattails and sedges; aquatic plants, such as water-lily, and bog mat vegetation, such as sphagnum moss.

NYSDEC is required to map all wetlands protected by the Act. In this process, DEC prepares draft maps, notifies landowners whose property may contain protected wetlands, and provides an opportunity for a public hearing on the accuracy of the maps. DEC then reviews the comments received from the hearing, adjusts the maps if

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necessary, and then officially files the final maps with the clerks of all local governments. Wetlands are a changing resource, and the law makes provisions for amending the maps. Any changes to the maps are subject to the same notice and review procedure.

There are no regulatory maps identifying federal wetlands protected by the U.S. Army Corps of Engineers under the Clean Water Act. Wetlands shown on the state DEC maps usually are also protected by the Corps, but there are additional protected federal wetlands not shown on the NYSDEC maps because they are smaller than 12.4 acres in size. The National Wetlands Inventory, prepared by the U.S. Fish and Wildlife Service, is a good source of information about where smaller wetlands occur. It can be accessed online at: http://www.fws.gov/nwi/

State Environmental Quality Review Act (SEQRA) SEQRA was fashioned after the National Environmental Policy Act of 1969 and is commonly known as one of several “little NEPA” statutes. The basic purpose of SEQRA is to incorporate the consideration of environmental factors into agency planning, review and decision making so that social, economic, and environmental factors are considered together in reaching decisions on proposed activities.

SEQRA sets up a process for identification and evaluation of potential adverse environmental impacts that may arise from actions which are directly undertaken, funded, or approved by state or local governmental agencies. The process also includes identification and evaluation of alternatives to these actions which might mitigate or reduce the identified impacts. Potential impacts are evaluated through the environmental impact statement (EIS), which undergoes an extensive governmental and public review process. The EIS and its review process can alert the public and decision-makers to the potential for environmental harm before a proposal prior becomes reality.

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Please refer to The SEQR Cookbook: A Step-by-Step Discussion of the SEQR Process, put out by the New York State Department of Environmental Conservation, for more information on how the SEQRA process should proceed. This can be found on the Hudson RIVERKEEPER’s Watchdog website under their “Citizens Guide” at http://riverkeeper.org/campaign.php/pollution/you_can_do/1124.

4.3 Local laws Many municipalities have enacted local laws to protect environmental quality and manage the use of our water resources. These laws govern a diverse array of activities relating to water and land use. Examples of local laws on the books in our region are listed below. To explore the content of these and other local laws, consult your local municipal code or contact the Riverwatch coordinator. The full text of the laws for many municipalities is available online at: www.generalcode.com/webcode2.html

Examples of municipalities with local laws relevant to environmental quality:

Town of Amherst – conservation easements, environmental quality review, excavations, sewers, solid waste, watercourses, wetlands, zoning

Town of Aurora – ponds, recycling and solid waste management, sewers, water

Town of Batavia – flood damage prevention, freshwater wetlands, sewer use, subdivision of land, water, zoning, solid waste, junkyards

City of Buffalo – bait dippers; hazardous materials and wastes; garbage, rubbish and refuse; water and water pollution; flood damage prevention; wharves, harbors and bridges; riverwalk; behavior on watercraft

Town of Cheektowaga – drainage systems, flood damage prevention, sewers, zoning,

Buffalo Niagara RIVERKEEPER Riverwatch Captain’s Manual 35 Chapter 4 Environmental Laws environmental impact review, excavations, public improvements, waterfowl

Town of Clarence – industrial hazardous waste, dumps and dumping, solid waste, sewers, water, landscaping, excavations, subdivision of land, conservation easements, flood damage prevention

Town of Eden – conservation easements, flood damage prevention, public improvement, stormwater management and erosion control, subdivision of land, wind energy conversion systems, zoning, drainage facilities, excavations, solid waste, removal of dead animals

City of Lackawanna – environmental quality review, health and sanitation, sewers, solid waste, waterfront revitalization program, zoning

Town of Lancaster – floodplains, zoning, sewer use, excavation

Town of Lockport – flood damage prevention, subdivision of land, sewers, public improvements, subdivision of land, water, solid waste

Town of Niagara – flood damage prevention, litter, junkyards and scrapyards, solid waste, sewers, hazardous waste

Town of Tonawanda – drainage control, excavations, flood damage prevention, sewers, littering, local waterfront revitalization, environmental conservation commission, environmental quality review, solid waste management, water, zoning

Town of West Seneca – dumping, environmental quality review, flood damage prevention, zoning, sewers, subdivision of land, solid waste

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4.4 Whistleblower protection Whistleblowers are protected against any form of discriminatory action that may result after they “blow the whistle” on a potential polluter. Contacting RIVERKEEPER should be considered protected activity under the law, even if RIVERKEEPER does not immediately institute a proceeding, but instead contacts the alleged polluter directly. While the whistleblower is not protected until after a discriminatory act occurs, once the whistleblower has been discriminated against, he or she can file a complaint with the Department of Labor who will take appropriate action to remedy the violation. This action can include reinstatement of employment and, potentially, compensatory damages. Attorney’s costs are also recoverable within a reasonable range. Each environmental statute contains its own regulations concerning whistleblowers. While the statutory language may be slightly different for each statute, they are all implemented by the same regulation, 29 C.F.R. part 24.

The Clean Water Act (CWA) provides whistleblower protection. It is a violation of the CWA to fire or discriminate against any individual that has caused an action to be instituted under the Act. This includes causing a proceeding to be filed as well as testifying or contemplating testifying in a proceeding.

Any person who believes that he or she has been fired or discriminated against as a result of their actions is given thirty days to file a complaint with the Department of Labor. The Secretary of Labor will investigate the complaint, and both parties are entitled to a public hearing to present information regarding the alleged violation. If the Secretary finds there has been a violation, appropriate action will be taken. This action may include reinstatement, if the employee desires, back pay and compensatory damages, where appropriate.

If an applicant is successful and the Secretary of Labor finds a violation, at the applicant’s request, all reasonable costs incurred by the applicant, including attorney’s

Buffalo Niagara RIVERKEEPER Riverwatch Captain’s Manual 37 Chapter 4 Environmental Laws fees shall be recovered at the expense of the violating party. These provisions do not apply where an employee has violated the CWA of his or her own volition. If an employee “acting without direction from his employer (or his agent) deliberately violates any prohibition of effluent limitation or other limitation,” that employee will not be protected under the statutes of the CWA.

The other statutes that have whistleblower protection written into them are the , 42 U.S.C. § 300j-9(i), the Toxic Substances Control Act, 15 U.S.C. § 2622, the Solid Waste Disposal Act, 42 U.S.C. § 6971, the Clean Air Act, 42 U.S.C. § 7622, the Energy Reorganization Act of 1974, 42 U.S.C. § 5851, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9610.

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5.1 Point source pollution Polluting substances are considered point source pollution when they are discharged of from discrete sources, such as factories, sewage systems, power plants or oil wells. The pollutants flow directly into waterways through a simple pipe. All dischargers of point source pollution must hold a valid permit under the State Pollution Discharge Elimination System (SPDES) in order to discharge legally, and the effluent must match the type and volume allowed by their permit.

SPDES permits are monitored by the NYSDEC, although the program includes self- monitoring and reporting by the polluter. The inspection and monitoring history of all SPDES permitholders is public information and can be downloaded from the internet through NYSDEC’s Environmental Navigator program (see Links).

Any polluter discharging from a point source without a permit is breaking the law. Such pipes may be hidden under high water lines to avoid detection. Discharge by permitholders of substances not listed on the permit, or in greater quantity than that listed on the permit, is also illegal.

5.2 Nonpoint source pollution Unlike the easily identified point sources, nonpoint sources are poorly defined and may be scattered over broad areas. Nonpoint source pollution results when runoff from rainfall and snowmelt move over and through the ground, picking up pollutants as they

Buffalo Niagara RIVERKEEPER Riverwatch Captain’s Manual 39 Chapter 5 Classifying Pollution go. Common non-point sources include agricultural runoff from farm animals and croplands; storm water drainage from streets, parking lots and lawns; and air pollutants washed to earth in rain or snow or deposited as dry particles. Fertilizers, pesticides, yard and animal wastes, sediment, oil, gasoline and automotive chemicals are commonly washed into our waterways through these many, varied nonpoint sources.

Because they are so scattered and numerous, nonpoint sources are difficult to regulate. Yet, they account for a large percentage of the pollutants found in our waterways. One way of tackling nonpoint source pollution is through education of the community. Convincing farmers to adopt Best Management Practices, such as providing a buffer along a stream to filter out pollutants, can help protect waterways in agricultural areas. Alerting urban and suburban residents to the pollution dangers posed by lawn pesticides and fertilizers, motor oil and automotive chemicals, and even improperly disposed yard waste can help to change the community’s behavior and protect waterways. Our storm drain stenciling campaign is designed to educate residents and decrease stormwater pollution.

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6.1 Sampling The sampling methods described below are for reference use only after a Captain has completed a training workshop for safe, accurate water testing, or has met with RIVERKEEPER staff for such training. Captains should never sample without proper training. Riverwatch water testing kits are intended for regular monitoring of water conditions, and should not be used to sample suspected spills. Spills should be reported immediately and the unidentified material avoided, as contact with some spilled substances could cause illness or death.

For general water testing, samples should be taken away from the bank, if possible in the main current of the waterway. The main current may be approached by wading, by boat, from shore, or from a bridge, with safety always a priority to reaching the best spot. Stagnant water should be avoided. If the waterway curves, the outside curve is often a good place to sample since the main current tends to hug the bank. If wading is not safe and a boat is not available, the sample may be taped to an extension pole.

If the sample is to be gathered while wading, the sample spot should be approached from downstream. Care should be taken to disturb as little bottom sediment as possible. Water that has sediment from bottom disturbance should not be collected. The Captain should stand facing upstream to collect the water sample. If the sample will be collected by boat, the sampling spot should again be approached from

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downstream. The Captain should reach over the side and collect the water sample on the upstream side of the boat.

Regardless of approach, do not remove the cap from the bottle until just before sampling, and avoid touching the inside of the bottle or the cap. Protective gloves should be used when sampling. Hold the bottle near its base and plunge it, opening downward, below the water surface. It should then be held 8 to 12 inches below the surface, or mid-way between the surface and the bottom if the waterway is shallow. Turn the bottle underwater into the current and away from you. In slow-moving river reaches, push the bottle underneath the surface and away from you in an upstream direction. Empty the bottle and repeat the above steps. This will ensure that the bottle is properly rinsed. Fill the bottle completely and recap under water, taking care not to touch the inside.

6.2 Chemical indicators The following chemical parameters, when examined properly, can give a good indication of the overall health of the stream. Descriptions of parameters and testing methods have been adopted from Hudson Basin River Watch’s Guidance Document (with the exception of those for temperature, fecal coliform, biological oxygen demand, and turbidity).

Temperature Water temperature is a controlling factor for aquatic life. It controls the rate of metabolic activity, and therefore determines all life cycles. Most aquatic organisms are cold blooded, which means they cannot regulate their own body temperatures. Aquatic organisms assume a temperature similar to the surrounding water and carry out their metabolic activities within this temperature range. Because cold-blooded organisms are finely adapted to a specific temperature regime, deviations out of the usual range may

Buffalo Niagara RIVERKEEPER Riverwatch Captain’s Manual 42 Chapter 6 Water Quality Indicators cause problems. If stream temperatures increase, decrease, or fluctuate too widely, metabolic activities may speed up, slow down, malfunction, or stop altogether.

Temperature has a direct influence on the amount of dissolved oxygen in a water body. Oxygen dissolves more readily in cold water than it does in warmer water. Thus, stream organisms that require high levels of dissolved oxygen such as salmonids and many types of macroinvertebrates usually inhabit cold-water streams. pH pH is a measure of the acidity of a solution. In solution, acids produce hydrogen ions (H+) and bases produce hydroxide ions (OH-). Water molecules ionize (break apart) and produce hydrogen and hydroxide ions in equal numbers. When another compound enters the water, the ions of water react with the ions of the compound, leaving an unequal number of hydrogen and hydroxide ions. This produces a change in pH. If the solution contains more hydrogen ions, it is acidic; if it contains more hydroxide ions, it is basic. pH is measured on a scale from 1 (very acidic) to 14 (very basic).

Many fish and invertebrates are sensitive to high (above 8.6) and low (below 6.5) pH levels. As a result of air pollution, precipitation in the Northeast US tends to have low pH. This is called acid rain or snow. At low pH levels the bones of fish may become soft and many fish are unable to lay eggs successfully. Fish gills become clogged with mucus and it becomes difficult for them to get oxygen into the bloodstream.

Dissolved Oxygen Dissolved Oxygen (DO) is a measure of the concentration of oxygen gas that is dissolved in the water. The major ways oxygen enters the water are through turbulence and photosynthesis. DO is measured in milligrams per liter (mg/L) which is can also be expressed as parts per million (ppm).

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Oxygen is essential for most living things. Certain macroinvertebrates, including most mayflies, caddisflies, and stoneflies, as well as certain fish, such as trout, require dissolved oxygen levels of at least 6 mg/L. The maximum amount of oxygen that can be dissolved in water is about 14 mg/L. The capacity of water to hold dissolved oxygen varies with water temperature. At every temperature, a water body has a maximum amount of dissolved oxygen (saturation). When a stream warms up, its ability to hold dissolved oxygen decreases. Other factors such as excess algae or suspended sediment can also lower DO levels.

Nitrates - Nitrate (NO3 ) is an essential nutrient form of nitrogen used by plants and animals as a building block for proteins. Nitrate is measured in milligrams per liter (mg/L). Nitrates are found naturally in unpolluted streams and ponds from the process of plant and animal growth and decay.

However, agricultural and suburban runoff often contains high levels of nitrates that concentrate in waterways. These excess nitrates can cause great increases in plant growth and adversely affect the health of aquatic animals and humans. Some effects of excess nitrates in the water include unstable dissolved oxygen levels, increased water temperatures and habitat alteration. The health impacts for humans of excess nitrates in our drinking water include blood poisoning in infants, hypertension in children, and gastric cancers in adults.

Phosphates 3- In aquatic ecosystems, phosphorus occurs mainly in the form of phosphate (PO4 ). Phosphates are a plant nutrient found in rocks, soil, and animal wastes. High levels of phosphates can also be found in detergents, agricultural runoff and human sewage effluent. Phosphate is measured in milligrams per liter (mg/L).

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There are two primary forms of phosphates: organic and inorganic. Organic phosphate is bound in plants and animals and is not available for environmental use. Inorganic or orthophosphate (also known as reactive phosphorus) is the form that is available and required by plants.

In most fresh water systems, phosphate is the limiting nutrient, controlling the rate of plant growth. Any human addition of phosphorus can cause great increases in aquatic plant growth, which may result in higher water temperatures, unstable dissolved oxygen levels, changes in habitat, and, ultimately, a decrease in aquatic life.

Fecal Coliform Populations of E. coli (Escherichia coli) bacteria normally inhabit the lower intestinal tract of humans and other animals. Large numbers of the bacteria are excreted with fecal matter. E. coli does not typically survive long outside of its host. When E. coli is found in natural waters, it generally indicates recent and persistent contamination from sewage waste.

Most often, E. coli is not the actual pathogen of concern, but rather acts as an indicator organism. Its presence denotes that water is contaminated with fecal wastes and that other sewage-borne pathogens may be present. The fecal coliform test detects and counts the number of coliform bacteria in a sample of water. Thus, the results estimate the relative degree of contamination and the relative risk of pathogens.

Sources of fecal contamination to surface waters include wastewater treatment plants, on-site septic systems, domestic and wild animal manure, and storm runoff. In addition to the possible health risk associated with the presence of elevated levels of fecal bacteria, it can also cause cloudy water, unpleasant odors, and an increased biological oxygen demand.

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Biological Oxygen Demand Biological Oxygen Demand (BOD) refers to the amount of oxygen required by bacteria for the decomposition of all of the organic material in a water body. It also includes the oxygen required for the oxidation of various chemicals in the water, such as sulfides, ferrous iron, and ammonia. BOD is measured in milliliters per liter (ml/L). BOD is important to examine when investigating a body of water because it has a direct influence on the ability of the water body to support life. All plants and animals have a range of oxygen levels in which they can live. If the BOD exceeds the level of dissolved oxygen, these plants and animals will suffocate. Animals that are mobile may try to escape to water where oxygen levels are higher, but most plants and invertebrates are not so fortunate.

Low levels of dissolved oxygen may affect an entire water body, causing a condition known as eutrophication, or affect just a portion of the resource, such as an area downstream from a point source. Point source discharges that are high in organic matter often cause a lack of oxygen, because microbes are needed to digest the material and these microbes deplete oxygen levels in the water. While high BOD near the point source of pollution can have dramatic effects, oxygen levels may rebound downstream as the water receives oxygen through exchange with the atmosphere. Sewage and food processing waste are common discharges that create high levels of BOD.

Although the most obvious BOD problems emerge in relation to point source discharges, there are also some very serious non point source problems. Agricultural and urban run-off brings many nutrients into the waterways, creating a high demand for oxygen.

Turbidity Material that becomes mixed and suspended in water will reduce its clarity and make

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the water turbid or murky. During periods of heavy rain, run-off from land can carry large amounts of silt into streams. Fine sediment can become re-suspended in more shallow waters during heavy winds. Wind-generated waves and boat wakes also stir up sediments in these shallow areas. In addition, unprotected shoreline will erode and contribute suspended particles to the water. In summer, plankton growing and multiplying in warm, nutrient-rich water increase turbidity.

Turbidity is often related to nutrient enrichment of a river because nutrients such as phosphorus cling to suspended soil particles. Bacteria and toxic contaminants also cling to these particles, creating a more complex water quality problem.

Turbidity affects fish and aquatic life by reducing the penetration of sunlight. Submerged aquatic vegetation needs light for photosynthesis. If suspended particles block out light, photosynthesis, which produces oxygen for fish and aquatic life, will be inhibited. Aquatic vegetation provides essential food, nursery areas, shelter and habitat for diverse communities of shellfish, fish and waterfowl. If light levels become too low, photosynthesis may stop altogether and these plants will die. In addition, when sediment settles out, it buries eggs and the habitats of bottom dwelling organisms. Fish cannot see very well in turbid water and may have difficulty finding food. Large amounts of suspended matter may even clog the gills of fish and shellfish, killing them directly.

6.3 Biological indicators Benthic macroinvertebrates Benthic macroinvertebrates are insects, such as caddisflies, stoneflies, mayflies and dragonflies that spend some or all of their life cycles at the bottom of creeks, rivers, ponds or lakes. These insects live in the mud or under rocks, feeding on other macroinvertebrates, plants or organic debris. Many only inhabit the water as juveniles, eventually changing into flying adults.

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These organisms are important indicators of water quality. Because they are in direct contact with bottom sediments, toxic contaminants there will often have a direct effect upon them, creating deformities and other problems. Both the overall diversity and the particular species of macroinvertebrates present in a waterway reflect oxygen levels and other water quality characteristics.

RIVERKEEPER will hold training workshops in benthic macroinvertebrate identification and assessment. For further information, contact the program coordinator. See Chapter 7.3 for educational resources on benthics.

Riparian Vegetation The riparian (or riverfront) corridor, which consists of the stream, its floodplain, and adjacent upland areas, contains critically important terrestrial and aquatic ecosystems. The continuous exchange of energy, nutrients, and organisms among aquatic, riparian, and upland communities makes these communities ecologically connected. In fact, many stream ecologists argue that a stream and its floodplain can only be understood and managed as a single ecosystem. Wetlands and riparian meadows, shrub lands, and forests provide habitats for a great variety of wildlife, form an ecological buffer for the stream itself, provide migratory pathways for birds, filter and store floodwaters, and provide a unique space for recreation, among many other crucial functions. Unless an appreciation of these important functions is fostered in the local community, these areas are often considered “waste” lands and may be drained, filled, cut or otherwise destroyed.

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For example, riparian vegetation along a streambank filters nutrients, sediments, and other pollutants from floodwaters, surface runoff and shallow groundwater entering the stream. It stabilizes the stream bank and floodplain soils, helps maintain stream flows during drought periods, contributes herbaceous and woody debris to the aquatic habitat and food web, and blocks noise, visual disturbance, and intrusion of human activities from the habitats of sensitive wildlife. Unless these important functions are understood, many landowners fail to see the value of riparian vegetation and remove it to obtain a better view of the stream.

The physical and biological diversity of stream corridors is largely maintained by periodic and random disturbances associated with flowing waters. Floods, droughts, ice scouring, sediment and debris deposition, and channel migration all directly affect diversity within a stream. A natural riparian corridor develops a complex mosaic of habitats, which enables a large variety of plants and animals to coexist in a relatively small area. When humans attempt to reduce the irregularities of a stream system, or reduce the impact of natural disturbances by straightening channels, installing riprap and artificial walls, constructing dams, removing woody debris, or filling and paving floodplains, the results can be devastating to the stream ecosystem. Such alterations should only be done when absolutely necessary and all effort should be made to restore the damaged habitat through plantings and intentional variation of the new shoreline.

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7.1 Contacts RIVERKEEPER seeks to provide a network of volunteers, organizations and agencies to support our Riverwatch Captains. A contact list of all Riverwatch Captains volunteering in the Niagara River watershed is included in the folder accompanying this manual. Following is a list of further contacts for Captains.

Captains are encouraged to contact RIVERKEEPER with any questions and concerns: Buffalo Niagara RIVERKEEPER Robbyn Drake, Riverwatch Program Coordinator 1250 Niagara Street Buffalo NY 14213 (716) 852-7483 (office) (716) 523-8694 (emergency only)

Local Non-governmental Organizations Adirondack Mountain Club, Niagara Frontier Chapter (716) 691-9550 or (518) 668-4447 http://www.adk.org/ Hiking, paddling and advocacy organization.

Buffalo Audubon Society 1610 Welch Rd., North Java NY 14113 (585) 457-3228 http://www.buffaloaudubon.com/ Birdwatching and conservation organization.

Buffalo Ornithological Society Karen and Jim Landau, membership chairs 9195 State Rd., Colden, NY 14033

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(716) 941-3669 http://www.bosbirding.org/ Birdwatching and research organization.

Citizens for a Green North Tonawanda Liz Kazubski http://www.geocities.com/ntgreencitizen/index.html

Environmental Leadership Institute Sheen Rajmaira, Executive Director Dunleavy Hall Room 103 Niagara University, NY 14109 [email protected] http://www.niagara.edu/eli/

Erie County Bassmasters 225 French St., Buffalo NY 14211 (716) 897-1220 http://fichtman.tripod.com/ Fishing club.

Erie County Federation of Sportsmen Clubs [email protected] http://www.eriectyfsc.org/ Fishing and hunting clubs.

Erie County Junior Bassmasters Jeff Santiago (716) 472-2660

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[email protected] Fishing and conservation club.

Foothills Trail Club Roy R. Tocha 11 Eaglecrest Dr., Hamburg NY 14075 http://www.foothillstrailclub.org/ (Hiking and trail maintenance club.)

Great Lakes United Buffalo State College, Cassety Hall, 1300 Elmwood Ave., Buffalo NY 14222 http://www.glu.org/ Water resources advocacy and research organization.

Great Lakes Research Center 1300 Elmwood Ave., SUNY College at Buffalo, Buffalo NY 14222 (716) 878-4329 http://www.buffalostate.edu/orgs/glc/ Water resources research organization.

Hawk Creek Wildlife Rehabilitation Center 655 Luther Rd., East Aurora, NY 14052 (716) 652-8646 http://www.hawkcreek.org/ Rehabilitator of injured wildlife in Erie County.

Niagara Frontier Wildlife Habitat Council P.O. Box 430, Ransomville, NY 14131 http://www.nfwhc.org/

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Habitat preservation and advocacy organization.

Niagara Musky Association PMB 383, 735 Delaware Rd., Buffalo NY 14223 http://www.outdoorsniagara.com/niagaramusky.htm Fishing and conservation organization.

Niagara River Anglers Association P.O. Box 203 LaSalle Station, Niagara Falls NY 14304 http://niagarariveranglers.com/ Fishing club. Quality Quest Coalition P.O. Box 1174, Grand Island NY 14072 http://www.members.tripod.com/qualityquestgi/ Grand Island environmental advocacy organization.

Residents for Responsible Government P.O.Box 262, Youngstown, NY 14174-0262 http://www.rrg-wny.org/ Lewiston-Porter environmental health advocacy organization.

Second Chance Wildlife Rehabilitation Center Jacalyn Perry 625-8189 Rehabilitator of injured wildlife in Niagara County.

Sierra Club Niagara Group Jane Jontz, Chair [email protected]

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http://newyork.sierraclub.org/niagara/ Environmental advocacy organization.

Western New York Land Conservancy 21 South Grove St., Suite 120, East Aurora NY 14052 (716) 687-1225 http://www.wnylc.org/ Land conservation organization.

Y and C Paddlers c/o Vanessa Wazny [email protected] (716)627-4210 home http://groups.yahoo.com/group/yams_and_cams/ Social kayaking club; tours and paddling instruction, no member fees.

Government-affiliated Agencies Archaeological Survey, Department of Anthropology, SUNY at Buffalo 380 MFAC, Ellicott Complex, Buffalo, NY 14261-0026 Doug Perrelli P: 716-645-2297, ext. 119 F: 716-645-6371 http://wings.buffalo.edu/anthropology/Survey [email protected] The Archaeological Survey is a not-for-profit contracting, applied archaeological and research program within the Department of Anthropology, University at Buffalo. Our Site Files contain information we have collected over more than 30 years, on over 3,800 different historic and prehistoric sites and represent the most comprehensive information source pertaining to cultural resources in western New York. The Survey

Buffalo Niagara RIVERKEEPER Riverwatch Captain’s Manual 54 Chapter 7 Resources provides Cultural Resource Management (CRM) services to a diverse range of clients in the western New York region and trains CRM professionals. One of our long-range research projects is the study of the prehistoric western New York fishery. Captains can help by reporting the location of a historic or prehistoric site you know of to the Archaeological Survey.

National Response Center 1-800-424-8802 www.nrc.uscg.mil Call to report spills.

NYS Dept. of Environmental Conservation Region 9 Headquarters 270 Michigan Ave., Buffalo NY 14203-2999 General office: (716) 851-7000 Spill Response: 1-800-457-7362 http://www.dec.state.ny.us/index.html Local office of the state regulatory agency

UB Green Office and Library University Facilities, SUNY at Buffalo, Service Building 220 Winspear Ave., Buffalo NY 14215 (716)829-3535 http://wings.buffalo.edu/ubgreen/index.htm Maintains library and hosts lectures on a wide variety of environmental topics.

US Fish and Wildlife Service Lower Great Lakes Fishery Resource Office 405 North French Rd., Ste. 120A, Amherst NY 14228

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(716) 691-5456 http://www.fws.gov/northeast/lowergreatlakes/ Regional office of the federal regulatory agency.

Erie County Soil and Water Conservation Service 50 Commerce Way, East Aurora, NY 14052 Phone (716) 652-8480 Fax (716) 652-8506 http://www.ecswcd.org/ Regional resource conservation agency.

Local Businesses Seven Seas Sailing Center Bill Zimmermann 284 Fuhrmann Blvd., RCR Skyway Marina, Buffalo NY 14203 (716) 824-1505 http://www.sevenseassailing.com/ Boat rentals, sailing lessons and activities, children’s activities.

Paths Peaks & Paddles 1000 Ellicott Creek Road Tonawanda, New York 14150 (716) 213-0350 http://www.pathspeakspaddles.com/ Canoe and Outfitting store and service offering outdoor recreational activities, courses and tours

Youngstown Yacht Club Paul Cannon – Membership

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Gary Tisdale - Commodore 491 Water Street PO Box 379 Youngstown, NY 14174 (716) 745-7230 http://www.yyc.org/ Private Sailing, racing and cruising club.

7.2 Links A vast array of educational resources and tools for advocacy are now available to citizens online and at no cost – they can be accessed at any local library. The following is a selection of links utilized by Buffalo Niagara RIVERKEEPER in our work.

Educational Resources for Captains http://www.epa.gov/ United States Environmental Protection Agency – our federal regulatory body. http://www.epa.gov/enviro/index.html USEPA’s Envirofacts data warehouse – information on all federally regulated sites and permitholders.

http://www.uscg.mil United States Coast Guard – federal coastal and waterway policing branch of the military.

http://water.usgs.gov/index.html United States Geological Survey site - provides water data, maps, and software.

http://www.fws.gov/northeast/lowergreatlakes/

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Subset of United States Fish and Wildlife Service dedicated to the restoration, protection, maintenance, and enhancement of the fishery resources of the lower Great Lakes.

http://celebratethewaterfront.com/ Celebrate the waterfront - information, news and events on the Buffalo waterfront. http://www.ecosystemvaluation.org/ Ecosystem Valuation - this website provides information on how Economists should account for ecosystems.

http://www.niagaragreenway.org/index.htm Niagara River Greenway Commission - this group is responsible for the development of a management plan and generic environmental impact statement for the creation of the Niagara River Greenway. http://www.nywea.org/clearwaters/ Clearwaters - magazine posted on the web produced by the New York Water Environment Association.

http://www.greatlakestownhall.org/aboutus/index.php Great Lakes Town Hall - provides a space where residents from all across the Great Lakes basin can come together to discuss problems and share in developing collective solutions.

http://www.erie.gov/environment/pdfs/StWtrPPG_guidance.pdf WNY Stormwater Coalition’s guide to best management practices.

http://www.ecswcd.org/html/pubs.html

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Erie County Soil & Water Conservation District’s collection of stream protection and best management practice publications. http://www.epa.gov/owow/nps/watershed_handbook/ USEPA’s handbook for developing watershed plans to restore and protect waterways.

Educational Resources for Teachers http://www.acornnaturalists.com/store/ Acorn Naturalists - a catalog of supplies for environmental education resources.

http://www.bellmuseum.org/distancelearning/belllive.html Distance Learning: Bell LIVE - a resource for students to learn about the environment focusing on the Great Lakes.

http://www.enviroscapes.com/ EnviroScape - resource for students to learn about water quality.

Fellow Organizations http://www.waterkeeper.org/ Waterkeeper Alliance provides a network for local Waterkeeper programs.

http://riverkeeper.org/ Hudson RIVERKEEPER – a fellow RIVERKEEPER organization dedicated to stewardship of the Hudson and the NYC watershed.

http://www.cleanwateramerica.org Clean Water America is a national not for profit advocacy network dedicated to water quality. http://www.acwf.org

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America’s Clean Water Foundation - not for profit organization is based in Washington, DC that organizes the World Water Monitoring Day (http://www.worldwatermonitoringday.org) every year.

http://www.restorethelakes.org Great Lakes Restoration Coalition – dedicated to restoring and protecting the Great Lakes. http://www.nylcv.org/index.html New York League of Conservation Voters – educating and electing for the environment.

http://celebratethewaterfront.com/ Celebrate the Waterfront - information, news and events on the Buffalo waterfront.

http://www.rivernetwork.org/index.cfm River Network – helping people to understand, protect and restore rivers and their watersheds.

Mapping Engines These sites provide an opportunity to create custom maps of your site combining a variety of features and types of information. Mapping engines such as the USEPA’s Enviromapper are also linked to vast databases of useful information, such as lists of water pollution permitholders. For assistance in using mapping engines, contact the Riverwatch program coordinator.

U.S. Fish and Wildlife Interactive Mapping Site http://www.fws.gov/data/gis_interact.htm

DEC’s Environmental Navigator http://wwwapps.dec.state.ny.us/website/imsmaps/navigator/index.html

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EPA’s Enviromapper http://maps.epa.gov/enviro/html/mod/enviromapper/index.html

EPA’s Surf your Watershed http://www.epa.gov/surf/ Locate, use, and share environmental information about your state and watershed.

Erie County Internet Mapping Service http://erie-gis.co.erie.ny.us/website/ErieNY/Viewer.htm

National Atlas Mapmaker http://nationalatlas.gov/natlas/Natlasstart.asp

Google Earth http://earth.google.com/

TopoZone http://www.topozone.com/ Maps with topographical data.

NOAA Nautical Charts http://www.nauticalcharts.gov/viewer/GreatLakesTable.htm Maps for Great Lakes and adjacent waterways.

Mapquest www.mapquest.com

Niagara County Internet Mapping

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http://erie-gis.co.erie.ny.us/website/niagarany/Viewer.htm

Geocortex Internet Mapper http://wetlandsfws.er.usgs.gov/wtlnds/launch.html Wetlands maps

Regional Knowledge Network http://rkn.buffalo.edu/

On-Line Publications http://www.ecswcd.org/html/pubs.html Erie County Soil and Water Conservation District – provides many publications on local environmental issues such as how to prevent erosion and pollution, stormwater management, water quality, maps, etc.

http://www.erie.gov/environment/pdfs/StWtrPPG_guidance.pdf Pollution Prevention/ Good Housekeeping for Municipal Operations – this site provides information on 18 municipal operations and their potential effects on stormwater.

http://www.dec.state.ny.us/website/dow/toolbox/escstandards/index.html NYSDEC’s Draft New York Standards and Specifications for Erosion and Sediment Control. http://www.dec.state.ny.us/website/dow/toolbox/swmanual/ NYSDEC’s New York State Stormwater Management Design Manual.

http://www.swcsnewyork.org/publications/resources/swcsorderform.pdf NYSDEC’s stormwater standard and related publications. http://www.dec.state.ny.us/website/dlf/opensp/

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NYSDEC’s 2005 Open Space Conservation Plan.

7.3 Publications The Riverkeepers, By John Cronin and Robert F. Kennedy, Jr. ISBN: 068484625X Former Hudson River commercial fisherman Cronin became an environmental activist when he saw that his river was too polluted to fish and founded RIVERKEEPER, of which Kennedy is chief prosecuting attorney. Here they tell the story of RIVERKEEPERs' battle against environmental offenders.

How to Save a River, By David Bolling ISBN:1559632496 How to Save a River provides an important overview of the resource issues involved in river protection, and suggests sources for further investigation. Countless examples of successful river protection campaigns prove that ordinary citizens do have the power to create change when they know how to organize themselves.

Fish Watching – an Outdoor Guide to freshwater Fishes By C. Lavett Smith ISBN: 0801480841 Who hasn't stopped along the banks of a stream to look for fish? Anyone who wants to enjoy fish in their own world will want this lavishly illustrated guide to a new kind of nature study. An expert whose passionate interest in fish is contagious, C. Lavett Smith is promoting a whole new outdoor pastime--fish watching.

Streamkeeper’s Field Guide By Murdoch, Cheo, O’Laughlin

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Sections on understanding watersheds, conducting field inventories, water quality monitoring programs, keys to plant and animal life, methods of analyzing and presenting your data and how to effect changes in attitude and policy.

Hudson Basin River Watch Guidance Document Hudson Basin Riverwatch Contact Doug Reed ([email protected]) HBRW Guidance Document contains excellent protocols for volunteer biological and chemical monitoring in New York State.

Peterson’s Field Guide series Edited by Roger Tory Peterson Roger Tory Peterson’s innovative format uses accurate‚ detailed drawings to pinpoint key field marks for quick recognition of species and easy comparison of confusing look- alikes.

McClane’s Field Guide to Freshwater Fishes By A.J. McClane ISBN: 0805001948 This volume provides entries on all species of North American freshwater game fishes. With 224 profile portraits, this is the comprehensive handbook for freshwater anglers.

National Audubon Society Field Guides National Audubon Society This series nicely complements other field guides, featuring full-color glossy photographs that arrange animals by similar appearance rather than by strict family grouping.

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National Audubon Society Nature Guides National Audubon Society A comprehensive field guide, fully illustrated with color photographs, to the trees, wildflowers, fishes, insects, birds, and other natural wonders of North America's rivers, lakes, and swamps.

Golden Guides This is the introductory field guide series that has inspired millions of individuals to explore nature. Revised and updated many times during the past fifty years, these guides are a fine place for explorations to begin.

Stokes’ Guides By Donald and Lillian Strokes Stokes Guides are known for their comprehensive approach to nature study, emphasizing animal behavior, ecology, habitat, and life cycle. Authors are prolific nature writers and wildlife watchers who, when not in the field, are updating their field guides or creating new ones.

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Appendices

Appendix A Glossary of commonly used terms

aquatic – living in the water.

benthic – living at the bottom of a waterway, often in sediment or under rocks.

best management practices – a series of methods for land use designed to maximize habitat and water quality. biochemical oxygen demand (BOD) – measure of the quantity of dissolved oxygen used by bacteria as they break down organic wastes. biological indicator – a characteristic of the living environment that may be used to measure a waterway’s ecological health, such as vegetation or insect life. bog – an unusual wetland habitat characterized by acidic water with little or no flow and little available nutrients. Life in a bog is supported upon deep, floating mats of peat moss often colonized by carnivorous plants. captain – an individual volunteering to monitor a waterway under Buffalo Niagara RIVERKEEPER’s Riverwatch program. channelization – the replacement of a waterway’s natural banks with a hard surface such as concrete. This may also involve straightening of curves and dredging. chemical indicator – a characteristic of a waterway’s chemistry that may be used to measure its ecological health, such as pH or dissolved oxygen. combined sewer overflow (CSO) – an outlet used to release untreated sewage and stormwater into a waterway when the treatment plant is overloaded by flow; utilized in a sewer system in which stormwater and sanitary waste are combined in the same lines. CSOs overflow during or after most rainstorms. dioxin – a toxic chemical byproduct of many industrial processes such as bleaching of paper and burning of plastic. Dioxin can cause cancer and other illnesses.

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Appendices dissolved oxygen (DO) – the amount of oxygen dissolved in water; a limiting factor for aquatic life. ecosystem – a community of animals and plants living together along with their physical environment. eroded fin – a condition in fish in which part or all of a fin is eaten away. This condition may be caused by chemical contamination of the waterway. erosion – the removal of soil and rock by the force of flowing water or blowing wind. Soil eroded by water is deposited in a waterway, where it causes turbidity and may settle on the bottom, smothering clams, fish eggs, and other life. fecal bacteria – bacteria found in the lower intestine of humans and other mammals and often present in waterways receiving untreated sewage. These bacteria, such as Escheria coli, can cause illness and may coexist with other dangerous bacteria found in human waste. greenway – a connected series of public lands along a waterway that provide habitat for wildlife and recreational access for citizens. habitat – a specific physical environment upon which certain animals and plants depend. hypothermia – a condition in which a person’s core temperature drops to the point at which the body’s warming mechanisms are no longer functioning. Hypothermia will result in death unless an external heat source is used to warm the body. invasive species – a plant or animal species imported from another ecosystem that displaces or destroys native species. In the new habitat, invasive species often lack the predators and parasites that control them in their native habitat. invertebrate – an animal without a backbone, including all worms and insects.

Jackson turbidity units – standardized measurement of water clarity.

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Appendices lesion – an open sore; when occurring in fish, they may be caused by toxic contaminants in the waterway. macroinvertebrate – an animal without a backbone that is visible to the naked eye. mature forest – a wooded area that has aged to the point at which the canopy is largely closed; tree growth is dominated by shade-tolerant species (such as Sugar Maple and American Beech); ground cover or brush present are those species tolerant of deep shade (such as Spicebush and ephemeral wildflowers); and the landscape has developed a slight rolling characteristic from the decomposing remains of large fallen trees. MPN col/100ml – most probable number of colonies of bacteria per hundred milliliter sample bottle of water, a scientific estimate used in calculating coliform counts. nitrate – one form of nitrogen that plants can take up through their roots and use for growth; excessive nitrate may result in nutrient pollution of waterways and algal growth. nonpoint source pollution – scattered sources of pollution without an exact discharge pipe whose pollutants are carried into waterways with draining stormwater. Pesticides sprayed on lawns and fertilizers spread on fields become nonpoint sources of pollution when rainwater washes these chemicals into local creeks. old-growth – individual trees or patches of forest that have never been cut down since European settlement; in WNY, trees about 200 years old or greater. ordinance – a municipal law or regulation.

PCBs (polychlorinated biphenyls) – heavy oils used as industrial lubricants and in electrical transformers that were commonly dumped into landfills and waterways before clean water regulation. Many of our local waterways are contaminated with PCBs, which can cause cancer, skin disorders and other health problems.

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Appendices

pH – a measure of the acidity of alkalinity of a solution.

phosphate – an important nutrient for plant growth and for the metabolic functions of plants and animals; excessive phosphate may result in nutrient pollution of waterways and algal growth. point source pollution – pollution entering the water through a defined point, usually a pipe. All point source polluters in NY must hold a State Pollution Discharge Elimination System (SPDES) permit, and their discharges must be the same type and volume specified on the permit. relicensing – applying for a new license when one has expired, as in the NY Power Authority’s relicensing of their Robert Moses Power Plant operating on the Niagara River. Remedial Action Plan (RAP) – a strategy for restoring one of the 42 Great Lakes Areas of Concern (AOCs) defined by the USEPA. Both the Niagara and Buffalo Rivers are designated Areas of Concern because of contamination and habitat loss, and Remedial Action Plans have been developed for them. runoff – rainfall and snowmelt that drains across the land, carrying pollutants with it as it moves downhill toward the nearest waterway. One inch of rainfall on one acre of land results in about 26,000 gallons of runoff. sampling – collecting a container of water for testing.

sanitary sewer overflow (SSO) - an outlet used to release untreated sewage into a waterway when the treatment plant is overloaded, not functioning correctly or lines are blocked; utilized in a sewer system in which stormwater and sanitary waste run through separate lines. SSOs are illegal under current clean water laws. sediment – mud, silt, sand and pebbles at the bottom of the waterway or suspended in the water.

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Appendices setback – a designated zone of a specified distance from the riverbank in which no structures are built and disturbance of the land is minimized. sheen – the swirling “rainbow” colors created by a small amount of oil or gas on the surface of the water. slick – a visible dark layer of oil floating on the surface of the water. spill – an accidental or intentional discharge of pollutants into a waterway without a permit. stewardship – sense of responsibility for the health and aesthetics of a waterway. stormwater – rainfall or snowmelt as it drains from the land into sewers and waterways. sustainable development – development that provides for the long term health of the land, the waterways and the community. tainting – altering of the flavor of fish and wildlife due to contamination of their flesh by chemicals terrestrial – living on the land (as opposed to in the water). territory – in the Riverwatch program, a stretch of waterway chosen by a captain for monitoring. tributary – a smaller waterway that feeds into a larger one; for example, the Buffalo River and Tonawanda Creek are both tributaries of the Niagara River. turbidity – a measure of the clarity of water. water quality indicator – chemical or biological characteristic that may be used to measure the health of a waterway. watershed – the entire area of land draining into a particular waterway. wetland – a special habitat characterized by common wetland plants such as cattails, standing water during some or all of the year, and wetland soils. Wetlands are

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Appendices

home to many animals and plants that cannot live anywhere else, and for this reason most are protected by law from disturbance. whistleblower – an employee or associate of a company who reports illegal activity committed by that company.

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Appendices

Appendix B Common acronyms

ACOE United States Army Corps of Engineers

AOC Great Lakes Area of Concern

BOA Brownfields Opportunity Area

BOD Biochemical Oxygen Demand

BOS Buffalo Ornithological Society

BMP Best Management Practices

BSA Buffalo Sewer Authority

CERCLA Comprehensive Environmental Response, Compensation and Liabilities Act (also known as Superfund) CSO Combined Sewer Overflow

CWA Clean Water Act

DDT Dichlorodiphenyltrichloroethane

DEC New York State Department of Environmental Conservation

DELT Deformities, Eroded fins, Lesions and Tumors

DEP Erie County Department of Environment and Planning (or ECDEP)

DO Dissolved Oxygen

EA Environmental Assessment

ECL Environmental Conservation Law

EIS Environmental Impact Statement

EPA United States Environmental Protection Agency

ESA Endangered Species Act

FBNR Friends of the Buffalo Niagara Rivers

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Appendices

FS Feasibility Study

FOIA Freedom of Information Act

FWS United States Fish and Wildlife Service

GLNPO Great Lakes National Program Office

GIS Geographic Information System

HSWA Federal Hazardous and Solid Waste Amendments jtu Jackson turbidity units

LTCP Long Term Control Plan

LWRP Local Waterfront Revitalization Plan mgd million gallons per day mg/L milligrams per liter ml/L milliliters per liter

MPN most probable number

MS4 Municipal Separate Storm Sewer System

NEPA National Environmental Policy Act

NFTA Niagara Frontier Transportation Authority

NGO Non-governmental Organization

NPDES National Pollution Discharge Elimination System

NYS New York State

NYSDEC New York State Department of Environmental Conservation (or DEC)

NYSDOH New York State Department of Health (or DOH)

O&M Operation and Maintenance

PAH Polycyclic (or polynuclear) aromatic hydrocarbon

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Appendices

PCB Polychlorinated Biphenyl ppm parts per million

PRP Potentially Responsible Party

PWL Priority Waterbodies List

RAC Remedial Advisory Committee

RAP Remedial Action Plan

RCRA Resource Conservation and Recovery Act

RIBS Rotating Integrated Basin Studies

SEQRA State Environmental Quality Review Act

SPDES State Pollution Discharge Elimination System

SSO Sanitary Sewer Overflow

SVOCs Semi-Volatile Organic Compounds

TMDL

USACE United States Army Corps of Engineers

USDA United States Department of Agriculture

USEPA United States Environmental Protection Agency

USFWS United States Fish and Wildlife Service

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