Final TMDLs Approved by EPA: Upper and Middle Chester River

The Upper Chester River Watershed is located within Kent and Queen Anne’s Counties, Maryland, with its headwaters in New Castle and Kent Counties, Delaware.  The Middle Chester River is located within Kent and Queen Anne’s Counties.  The Upper, Middle and Lower Chester Rivers make up the Chester River from its confluence with the Bay to its headwaters at New Castle.  The Upper and Middle Chester Rivers are approximately 32.2 kilometers (20 miles) in length, from the downstream extent to the upper reaches of the headwaters.  The Upper Chester River is approximately 16.9 kilometers (10.5 miles) and the Middle Chester River is approximately 15.3 kilometers (9.5 miles) in length.  The Upper Chester River extends from the headwaters downstream to the confluence with Foreman Branch, and the Middle Chester extends from that point downstream to the confluence with Southeast Creek.

The Upper Chester River was first identified on the State’s 1996 303(d) list as impaired by nutrients, sediments, and bacteria, with listings added in 2002 for evidence of biological impacts, and in 2004 for methylmercury in fish tissue in one of the basin’s impoundments (Millington Wildlife Management Ponds).  The sediment, bacteria, biological, and methylmercury in fish tissue impairments will be addressed separately.

The Middle Chester River was first identified on the State’s 1996 303(d) list as impaired by nutrients, sediments, and bacteria.  In 2002, poly-chlorinated biphenyls (PCBs) in fish tissue and evidence of biological impacts were added, with additional subbasins listed as impaired by evidence of biological impacts in 2004.  TMDLs to address the nutrient and sediment listings of Urieville Community Lake, an impoundment within the Middle Chester Watershed, were submitted and approved in 1999; the sediment, bacteria, PCBs in fish tissue and biological impacts will be addressed separately.  The document, available below, establishes TMDLs for nitrogen and phosphorus in the Upper and Middle Chester Rivers.

The U.S. Environmental Protection Agency (EPA) approved the TMDL on November 28, 2006.  However, a request for edits to the Approval Letter and Decision Rationale for this TMDL have been made.  Results from this request are available as of 2/25/08.  Please see EPA's Region 3 website for the approval letter and decision rationale.

In 2013, Genovique Specialties Corp. applied for a permit to discharge within the watershed.  This facility was previously known as Velsicol Chemical Corporation and was included in the calibration of the TMDL but not given an allocation.  As a result of the permit request, two changes occurred to the Middle Chester River phosphorus waste load allocations (WLAs).  To allow the Genovique facility a regulated discharge, part of the allocation for the Chestertown Foods, Inc. facility, which is located within the same model segment as the Chestertown Foods discharge, was redistributed (see Addendum for details).  The reallocation did not affect the load allocation (LA) or the overall TMDL.  The revised point source technical memorandum and addendum were available for public comment from October 24, 2013 through November 25, 2013.  No comments were received.

In 2018, the Kent County Department of Public Works, Water and Wastewater Services applied for revocation of the current Worton – Butlertown Wastewater Treatment Plant permit and reissuance of the permit to discharge on a year-round basis an annual average of 250,000 gallons per day (gpd) of treated domestic wastewater. This facility was included in the TMDL but phosphorus discharges were seasonal. As a result of the permit request, an update to the Middle Chester River Nitrogen and Phosphorous TMDL Point Source Technical Memorandum was made. The revision shifted allocation among facilities within the wasteload allocation WWTP-WLA). The reallocation of the wasteload allocations does not affect the nonpoint source load allocations(LAs) or the overall TMDL. The revised point source technical memorandum was made available for public review from August 30, 2018 through October 1, 2018. Comments and responses are provided in a comment response document.

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