• Providing recommendations for pollution prevention and waste minimization during permit applications for new facilities;
• Including pollution prevention work standards, practices, or conditions in permits;
• Requiring formal pollution prevention/waste minimization plans from facilities as part of their operating permit; and/or
• Providing a definition of pollution prevention and information on available services, assistance, and benefits in permit renewal letters.

2. Train engineers and inspectors on pollution prevention technologies and opportunities, and have them include information and technical assistance during inspections as well as in the permit and plan review and approval stages.
3. Provide compliance assistance and pollution prevention information through descriptive brochures, Best Management Practices (BMPs), and implementation documents associated with regulatory standards. These can be provided with permits, distributed by inspectors, handed out at workshops or training events, etc.
4. Provide various incentives such as relaxing inspection periods or reducing permit fees for those sources that implement pollution prevention practices.
5. Utilize surcharge and impact fees to encourage water re-use, conservation and pollutant reduction. These fees can be scaled and should be based on the quantities and the concentrations of pollutants discharged to avoid dilution.
6. Utilize national events such as Clean Air Month, Earth Day, and National Pollution Prevention Week to publicize pollution prevention initiatives and target local issues such as high ozone levels and acid rain. This is a good opportunity to educate local sources on EPA initiatives such as Climate Wise and Energy Star.
7. Incorporate implementation of pollution prevention projects into enforcement and settlement agreements. If a program is willing to offset a portion of the fines for facilities which agree to implement pollution prevention projects, they provide a much greater incentive for facilities to utilize this option.
8. Get involved with other national and international organizations such as State & Territorial Air Pollution Program Administrators (STAPPA) and the Association of Local Air Pollution Control Officials (ALAPCO), Association of Metropolitan Sewerage Agencies (AMSA), and the National Pollution Prevention Roundtable (NPPR).

Case Study

In February 1993, the U.S. EPA promulgated, in Final Rule, the Standards for the Use and Disposal of Sewage Sludge (40 CFR 503). In response to this, the Metropolitan Water Reclamation District of Greater Chicago (District) initiated a comprehensive plan, the 503 Enforcement Initiative (503EI), to achieve two primary objectives: (1) to "substantially reduce the discharge of metals of concern from the regulated industrial community," and (2) ensure "that the District's Water Reclamation Plants produce high quality sludge, which maximizes the District's opportunities for beneficial reuse." The main components of the 503EI included "(a) optimization of the District's existing Pretreatment Program, (b) increased monitoring of industrial point source discharges into its sewerage system, and (c) innovative pollution prevention assistance to the industrial community."

In cooperation with several local and regional agencies, the District began providing pollution prevention training, outreach, and technical assistance to local businesses and also developed a public recognition program for businesses successful in implementing pollution prevention measures. In addition, the District cooperated with local industry stakeholders to develop a cost recovery system for the Pretreatment Program, to help cover the additional costs incurred by the Program for the 503EI. This system "brought direct financial liability to industrial users who are regulated for the discharge of these metals" and created a further incentive for these users to reduce their discharges. The District has found that by linking compliance performance to financial liability, Pretreatment Program administrative costs are more equitably distributed amongst the industrial users and "in conjunction with pollution prevention assistance programs, offer greater leverage to influence SIU (Significant Industrial User) behavior at lesser cost to Control Authorities and the industrial community." Overall, this program resulted in a more than 33% reduction in heavy metal discharges to the sewerage system between the years of 1992 and 1996, and it is an illustrative example of the benefits of incorporating pollution prevention into existing regulatory programs.

(Source: Richard Sustich et al., "Chicago's 503 Enforcement Initiative: A Great Industrial Clean-up Experience," Metropolitan Water Reclamation District of Greater Chicago, presented at the Water Environment Federation Technical Expo & Conference, Chicago, Illinois, October 1997.)

For more information contact Mr. Richard Sustich at the Metropolitan Water Reclamation District of Greater Chicago, (312) 751-3050.

Land Use Planning & Zoning and Brownfield Redevelopment

Introduction

Although the connections may not be immediately evident, poor planning and zoning decisions can lead to environmental impacts, particularly through environmentally irresponsible development patterns. The country's development patterns of low density single family housing, separation of uses, dependence on the automobile, loss of habitat and greenfields, and urban sprawl have greatly contributed to overall environmental degradation. This can be counteracted by promoting construction to optimize energy efficiency, infill development, Brownfield redevelopment, mixed land use, and pedestrian and transit-oriented development (TOD). These smart growth initiatives can benefit a community economically, financially, and socially through improved environmental quality and improved quality of life. If planning, zoning, and development are done carefully and with foresight; energy, water, and other resources can be conserved, aquifers and watersheds can be protected, neighborhoods can become more self-sufficient, vehicle miles traveled (VMT's) and dependence on automobiles can be reduced (as well as the pollution associated with vehicles), money and other resources can be conserved through avoidance of the need for additional infrastructure, declining areas can be revitalized, and overall environmental quality can be improved both locally and regionally.

Therefore, it is important to consider many factors at the planning and zoning stage, including current and potential future uses of the land, existing infrastructure in the area, potential impacts to nearby watersheds and aquifers (please refer to the "Water Resources Management" Section of this Notebook for more information), and the accessibility to, and feasibility of, residents and employees using alternative means of transportation such as mass transit, biking, or walking. There are several areas associated with planning and zoning operations which offer excellent opportunities to implement innovative ideas and projects to help prevent pollution and support smart growth.

Top Pollution Prevention Opportunities

1. Establish steering committees with representatives from various departments involved in the planning and zoning process to research the feasibility and encourage the implementation of smart growth initiatives. For example, an Infill Task Force can be established to research and address the existing barriers to smart growth and to develop an infill strategy for the community.
2. Establish policies identifying areas for environmental resource preservation or conservation, and establish rules to protect such areas from incompatible land uses and management practices. Examples may include:

• Incorporation of watershed management plans into Comprehensive Development Master Plans (CDMP's);
• Establishment of protective zones around aquifers and other drinking water sources to limit certain land uses and operations;
• Restriction of certain land uses and operations in those areas served only by septic tanks;
• Minimization of impervious surfaces in a development through compact design and reduction of road width and parking lot size (to reduce stormwater run-off); and/or
• Location of watershed development with an eye for preserving the natural land near lakes, rivers, and streams.

3. Create an Urban Design Manual for developers to educate them on smart growth concepts and opportunities for incorporation into their plans and projects.
4. Establish incentives for developers who incorporate smart growth initiatives into their plans and projects. These incentives could include expedited approval processes; decreased permit fees; decreased impact fees; priority in the provision of services, facilities, and allocation of financial resources; etc.
5. Modify economic incentive packages for Brownfield developers based on how closely they follow recommendations for pollution prevention implementation. For example, increase the economic package if they are willing to implement more pollution prevention initiatives.
6. Establish policies requiring best management practices (BMPs) for particular land uses and activities to achieve pollution reduction goals.
7. Incorporate pollution prevention language into local Brownfield codes and ordinances.
8. Provide education opportunities (workshops, booklets, pamphlets, etc.) to encourage smart growth initiatives and implementation of pollution prevention and best management practices. This may include:

• Education of financial institutions on the benefits to them of providing loans for pollution prevention projects and equipment;
• Education of target Brownfield communities on the benefits of the developer and future business utilizing pollution prevention. Since it is added insurance that the property will not become contaminated again, this may help win the community's approval for location of a new facility in a Brownfield area; and/or
• Education of residents and businesses located in areas served by septic tanks on the operation and proper maintenance of these systems to prevent ground and groundwater contamination.

9. Review and amend zoning subdivision and other regulations to encourage transit and pedestrian oriented developments (TOD) principles. This may include maximizing the use of existing urbanized areas accessible to transit through infill and redevelopment, reinforcing transit through proper land use planing, and reducing VMT's by creating opportunities to walk, bike, and use mass transit.

Case Study

Since the 1970's the City of San Jose, California has been committed to growth management and sustainability and has been establishing initiatives and policies to promote smart growth. This commitment came in response to tremendous growth and urban sprawl in the 1950's and 1960's, when the city discovered that the revenue generated by urban development on the City's fringe was insufficient to cover the costs of providing the infrastructure and services to this area. The City realized that it must take action to prevent this trend from continuing and began approving numerous initiatives within their General Plan in order to insure a sustainable and profitable future for the area. With policies such as the Sustainable City Major Strategy, the Greenline/Urban Growth Boundary, and the Intensification Corridors Special Strategy, the City has been implementing smart growth development in a variety of ways. Some of these include directing urban development to infill sites which are already provided with urban infrastructure and services, promoting high density housing and supportive mixed uses in close proximity to public transit corridors, and enacting building and site design policies to improve energy and water use efficiency.

Overall, the City's goal is to "ensure that urban development in San Jose is designed and built in a form that enhances the City's ability to provide adequate levels of urban services and ensuring the efficient use of existing infrastructure and services while protecting the natural environment to the maximum extent feasible." Through proactive planning and building, the City is helping to ensure smart growth today while providing adequate resources for future generations.

(Source: International Council for Local Environmental Initiatives (ICLEI), U.S. Office, Cities for Climate Protection Campaign Case Studies, San Jose, California Growth Management Plan)

Portland, Oregon is another city which has implemented a very proactive smart growth plan. For more information on San Jose, California or Portland, Oregon contact the ICLEI, U.S. Office, Cities for Climate Protection Campaign, at (510) 540-8843.

Additional Resources:

AMSA: (202) 833-2672; http://www.amsa-cleanwater.org

Clean Air Technology Center (CATC): (919) 541-0800; http://www.epa.gov/ttn/catc/

Center for Technology Transfer and Pollution Prevention (CT2P2): http://pasture.ecn.purdue.edu/~cttpp

Energy Star Buildings/Green Lights: (202) 233-9178; http://www.epa.gov/appdstar/buildings/ and http://www.epa.gov/greenlights.html

Florida Sustainable Communities Center: http://sustainable.state.fl.us

International Council for Local Environmental Initiatives (ICLEI), U.S. Office, Cities for Climate Protection Campaign: (510) 540-8843; http://www.iclei.org

National Pollution Prevention Roundtable: (202) 466-7272; http://www.p2.org

$mart Growth Network: (202) 260-2750; http://www.smartgrowth.org

STAPPA/ALAPCO: (202) 624-7863; http://www.4cleanair.org

U.S. EPA Design for the Environment (DfE): (202) 260-1678; http://www.epa.gov/dfe