Southeastern Wisconsin Watersheds Trust, Inc.

Policy Committee Meeting

Monday, January 25, 2010 2:30-4:00pm Milwaukee Metropolitan Sewerage District

Meeting Notes
Attendees: Peter McAvoy, Chair; Nancy Frank, Jim Fratrick, Susan Greenfield, Stevan Keith, Jeff Martinka, Ezra Meyer, Cheryl Nenn and Karen Sands. On teleconference: Jill Hapner, Gail Epping Overholt and Melissa Scanlan. Support: Marilyn Goris 1. Introductions Jeffrey Martinka was introduced as the new executive director for Sweet Water 2. Water Quality Trading Melissa Scanlan, Midwest Environmental Advocates, reported on the outcomes from the January 11th Water Quality Trading Work Group meeting. The group worked on coming to consensus on a number of recommendations on trading (see Scanlans draft recommendations.) The group still needs to clarify baseline issues, credit ratios, enforcement and dead zones/pollutant hot spots. Scanlan reminded the Committee that the groups work is only meant to focus on Sweet Waters mission and geographical area of interest. The group will finalize its recommendations and present to the full Policy Committee at its next meeting. The Policy Committee can then decide whether to advance the recommendations to the Steering Council. Scanlan will provide the Policy Committee report on behalf of McAvoy at the Steering Council meeting on February 10th. 3. Watershed Based Permitting Karen Sands, Milwaukee Metropolitan Sewerage District, reported on the Watershed Based Permitting paper (see draft paper sent out via email to the Committee earlier today.) The paper is in its final draft form and being circulated at MMSD for final internal input. The paper addresses many issues for using this tool and could set the stage for considering a potential pilot in southeast Wisconsin. It will be important to see how watershed based permitting actually works on the ground. Both EPA Region V and DNR are supportive of using watershed-based permitting in a pilot project, possibly starting with the MS4 (municipal stormwater permit) communities in the Menomonee River Watershed. EPA is putting together a brochure presenting the case for watershed based permitting. The Committee had questions regarding how this would fit with the current permitting system. DNR is checking on statutory or administrative rules that may be a barrier to using this tool in southeast Wisconsin. There is still no

definitive answer on whether our region has won the EPAs official designation to receive cost-share assistance for watershed based permitting pilot projects (applied for by MMSD on Sweet Waters behalf in fall 2009) but the region is being offered the equivalent level of help from EPA at this point. It was suggested that watershed based permitting be a topic at the 2010 Southeastern Wisconsin Clean Lake, Clean Rivers conference. Tom Grisa should be approached to assist in getting buy-in from key stakeholders. The work group should identify someone else, perhaps from the Steering Council, to lead the group as Neil Palmer is unable to fill the role as chair at this time. 4. Great Lakes Restoration Initiative proposals related to TMDL work Peter McAvoy reported that there are four separate proposals for funding TMDLs: Kinnickinnic River, Menomonee River, Milwaukee River Estuary and the Milwaukee River. 5. Policy Committee work for 2010 The main work for the Policy Committee in 2010 will be to connect and integrate the different policy initiatives and regulatory elements including: 1. Watershed Restoration Plans for the Menomonee and Kinnickinnic Rivers and possibly the Milwaukee River AOC. 2. Watershed based permitting 3. Water quality trading 4. TMDLs 5. DNRs submittal to EPA of its proposed 2010 303(d) List Meyer suggested that the Policy Committee, along with the other Sweet Water committees will be engaged in the on-the-ground implementation of the watershed restoration plans for the Menomonee and Kinnickinnic River watersheds. 6. Update and timing on Watershed Restoration Plans, Chapter 8 implementation and policy implications It is anticipated that the watershed restoration plans will be transferred from MMSD and its consultants to Sweet Water in March for the implementation phase. Scanlan has submitted comments on the watershed restoration. Any other comments from the Policy Committee should be submitted as soon as possible. 7. Next meeting: Monday, March 29th at 9:00am.