City Council to hold workshop on EPA nitrogen permit implications

posted on: 1/3/2021

The City Council will hold its first workshop of the year Wednesday, Jan. 6, 2021, to discuss potential implications of the final nitrogen discharge permit for Great Bay issued last month by the Environmental Protection Agency (EPA).

The Great Bay Total Nitrogen General Permit would apply to the 13 wastewater treatment plants that discharge into the Great Bay estuary, including the City of Dover's Wastewater Treatment Plant on Middle Road.

The EPA issued the final permit Tuesday, Nov. 24, and it becomes effective Monday, Feb. 1, 2021. The wastewater treatment plants covered by the general nitrogen discharge permit have until Thursday, April 1, 2021, to submit a "Notice of Intent" to the EPA that it will be covered by it. Part of the permit regulations requires treatment plants to meet seasonal average load limits for total nitrogen.

City of Dover staff have been working to understand the permit and its implications since the EPA issued the permit, and they will present their findings to the City Council during the Jan. 6, 2021 workshop.

"We are tentatively encouraged and are in the process of reaching out to other communities to see what their take is," said City of Dover Environmental Projects Manager Gretchen Young. "I think a key part of the success of the permit as currently written, is to have buy-in from most if not all of the Great Bay communities, particularly with the measurement and monitoring initiatives."

The 13 wastewater treatment plants that would be covered by the permit include Dover, Rochester, Portsmouth, Pease Tradeport (Portsmouth), Exeter, Durham, Somersworth, Newmarket, Epping, Newington, Rollinsford, Newfields, and Milton.

The discharge of all non-nitrogen pollutants continues to be authorized by each wastewater treatment plant's individual EPA National Pollutant Discharge Elimination System (NPDES) permit.

The issuance of the general nitrogen discharge permit comes after years of EPA draft permits, beginning in 2011. The last draft permit issued by the EPA was on Jan. 7, 2020. The City of Dover submitted extensive comments to the EPA related to the draft permit on May 6, 2020, which can be viewed here. Officials from Dover and throughout the Great Bay region also attended a public hearing in February to voice concerns to the EPA about the draft permit.

Before the first draft permit was issued in 2011, the City of Dover has reduced nitrogen discharges into the estuary, investing significantly in science-based wastewater technology and infrastructure. That investment includes regular upgrades to the wastewater treatment plant, stormwater management, and locating and correcting non-wastewater infiltration into the sanitary sewer system.

Following the EPA nitrogen permit discussion, the City Council will discuss the possibility of expanding the City of Dover’s Redevelopment District, as authorized by state law RSA 79-E entitled, “Community Revitalization Tax Relief Incentive.”

Assistant City Manager Christopher G. Parker said a Central Business District developer recently approached the city and said a potential project would be more likely if the City Council agreed to expand the Community Revitalization District to other downtown areas. Currently, the Community Revitalization District is located near City Hall. Under RSA 79-E, a municipality has the authority to grant tax relief for a specified duration in a Community Revitalization District to encourage downtown development, such as an underutilized commercial parcel.

Parker said the workshop is to present the idea to the City Council to see if there is any interest to bring it forward in a future resolution.

In 2017, the City Council approved an RSA 79-E application from the developer Cathartes to revitalize 104 Washington Street, where Robbins Auto headquarters once stood and where the new Orpheum Apartments now stands. Under that agreement, the property tax assessment before construction — about $2.1 million — would remain the same for five years after the building received its Certificate of Occupancy. According to the agreement, after five years, the guaranteed property tax assessment would be at least $11 million.

The City Council workshop will begin right after the City Council holds a special meeting at 7 p.m. It will be broadcast on Channel 22 and available for on-demand viewing at dovernh.viebit.com/index.php. Click here for the agenda.