Tuesday, October 12, 2021

Clean James Island Creek

                                 James Island Creek seen from Dock Street Park

For some years, Charleston Waterkeeper has frequently included James Island Creek near Folly Road (the "Ellis Creek Bridge") as one of the local waterways too polluted for swimming.   Happily there were occasional "good" reports, but the bad ones were all too frequent.   Reports were better at their testing site by the Harborview Road bridge, but substantial bacteria counts were found there too.

Complaints to SCDHEC (South Carolina Department of Health and Environmental Control) by area residents resulted in an official designation of an "impaired waterway."   The three local governments responsible for stormwater management in the James Island Creek Watershed, the Town of James Island, Charleston County, and the City of Charleston, were mandated to monitor bacteria levels in the creek and develop an action plan during the next five years.   This mandate is directly from SCDHEC but indirectly from the U.S. Environmental Protection Agency.  Failure to comply can result in multi-million dollar fines for local governments.  The James Island Public Service District (JIPSD) and Charleston Water System (CWS) provide sewer service in the James Island Creek Watershed, but are regulated under a separate provision of the law and so are not directly mandated to clean James Island creek.   The James Island TMDL the initial report from SCDHEC, was completed in November 2019.

As SCDHEC reviewed conditions in the creek, public works staff from the Town, City, and County were involved at every step. Creation of a memorandum of agreement (MOA) for a joint response began early on and was signed in December 2020.   The County has hired a consultant, Wolpert Engineering to provide monitoring.   They will test the water each month and an additional four times each year after heavy rains.   Also, they will use microbial source testing four times each year to identify the waste--human, pet, or wildlife.   They will be testing at the traditional locations near the bridges at Harborview Road and Folly Road.   A third location has been approved off  Jim Isle Drive at Battery Point.  A fourth may be identified later   The Town, City, and County pay for this testing in proportion to our area of jurisdiction in the watershed, roughly 58% City, 34% Town, and 8% County.  The Town's expense is expected to be approximately $10,000 per year.

In February 2020, the local governments formed the James Island Creek Water Quality Task Force.  This was an initiative from Charleston City Councilwoman Carol Jackson.  The body includes elected officials from the Town, City, and County, key staff members from those local governments, as well as elected officials and staff members from the James Island Public Service District and the Charleston Water System.  State elected officials are represented.  Also, representatives from conservation groups such as Waterkeeper and Coastal Conservation League are included.   The Chairman is Mayor John Tecklenburg of the City and I serve as vice Chair.   Other elected officials serving include County Councilwomen Jenny Honeycutt and Anna Johnson, City Councilmen Ross Appel and Dudley Gregorie, City Councilwoman Carol Jackson, Town Councilman Garret Milliken,  JIPSD Commissioner Kathy Woolsey, State Senator Sandy Senn and State Representative Spencer Wetmore.

The Education and Citizen Outreach Committee, chaired by Waterkeeper Andrew Wunderly, will share  information to residents about how they can help clean our creek and about what the task force and local governments are doing on their behalf.   You may have seen an editorial in the Post and Courier and TV reporting due to their efforts.   The Town, County and City all contribute stormwater utility monies paid by our residents to help fund the Ashley Cooper Education Consortium.  Operated by Clemson University's Extension Service, the consortium provides a wealth of information about managing stormwater and protecting our marshes and creeks.

The Technical Committee, chaired by James Island Town Administrator Ashley Kellahan, worked to get the MOA between the City, County, and Town hammered out and approved.   The testing plan is moving forward.  We anticipate our first quarterly report next month (November 2021.)

The Policy Committee, chaired by Charleston City Councilman Ross Appel, initiated a Watershed Plan which was provided at no cost by Terracon   All James Islanders owe this public-spirited engineering firm a hearty thanks for helping clean our creek. The James Island Creek Watershed Plan  was completed in May 2021.  It has been approved by SCDHEC and will go to the full task force for a recommendation for adoption by the Town, City, and County Councils.

Also Charleston Water System funded molecular source testing for the first time this spring (March and May of 2021.)  Working with Charleston Waterkeeper, their limited sampling revealed that the human DNA concentration was by far greater than the other source types analyzed. While the test results are by no means conclusive, they do indicate that human waste is indeed a factor and contributor to the pollution in the James Island Creek.

The Watershed Plan points to aging septic systems being the culprit for  contamination.  The study shows that the CWS sewage treatment plant at Plum Island and Sanitary Sewer Overflows by the JIPSD and CWS pipes are not major contributors to the problem.  SCDHEC regulates the installation of new septic systems, but it does not require any maintenance.  It recommends that homeowners pay for regular inspections by licensed contractors and pump outs when needed.  Also, while septic systems can last for many years, most of the septic systems in the area were built decades ago, well past the usual estimates of a life-span of less than 50 years.   

Due to these concerns, James Island Town Council is currently considering an ordinance requiring homeowners to have their septic systems inspected as recommended by SCDHEC at least every three years.   Further, a properly functioning septic system or sewer connection will be required which will include regular pump outs and any other maintenance or replacement for septic systems.   If and when sewer becomes available, the Town will enforce the existing JIPSD ordinance requiring connection.   SCDHEC imposes strict regulation of JIPSD (and CWS) regarding any leakage of sewage from their pipes or pump stations. 

At an early stakeholders meeting organized by the Charleston Waterkeeper in 2019, the JIPSD was asked to explore the cost of extending sewer into areas in the JI creek watershed that now depend on aging septic systems.  The estimated cost was approximately $8 million.  At the time, there was little prospect of adequate funding for this major undertaking.  However, the American Rescue Plan Act provides federal funding that local governments can use for sewer extension.  The Town is slated to receive $3.2 million in ARPA funds, and Town Council has budgeted half to address water quality in James Island Creek.   All the local governments, as well as our state representatives, are seeking some of the more than $2 billion of ARPA money that was allocated to our state government.  All indications are that the state will require local government ARPA  money as a match to help fully fund this project. 

Approximately 85% of the homes in the James Island Creek watershed with aging septic systems are in the Town.  Most of the new development in areas under City jurisdiction already has public sewer.  The ARPA money is only available for a limited time and money not spent must be returned to the federal government.   In my view, this is a once in a lifetime opportunity to solve a major problem that the Town and other local governments must address.

The Town of James Island has already taken key steps to address water quality.  The Town adopted a new stormwater ordinance to control fill and build and reduce flooding, which will also help protect water quality in our marshes and creeks, including James Island Creek.   The Town's limits for residential density also control runoff in this and other areas of the Town. Further, the Town, working with the JIPSD, has introduced a program of providing pet waste stations.   Pet waste can also a source of storm water pollution.   The key step, however, will be getting contamination from aging septic tanks under control.  

Please help us Clean Our Creek.