PREPARED UNDER. The 319 Nonpoint Source Pollution Grant Program FUNDED BY. MA Department of Environmental Protection Boston, MA PREPARED BY

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1 PREPARED UNDER The 319 Nonpoint Source Pollution Grant Program FUNDED BY MA Department of Environmental Protection Boston, MA PREPARED BY Vanasse Hangen Brustlin, Inc. Watertown, MA Horsley Witten Group, Inc. Sandwich, MA The Center for Watershed Protection Ellicott City, MD Stacey DePasquale Engineering, Inc. Lawrence, MA

2 Month XX, 2011 Location here

3 Stormwater Utilities They are coming A review of the drivers PRESENTED BY Bethany Eisenberg, LEED AP Director of Stormwater Services beisenberg@vhb.com 2011 VHB/Vanasse Hangen Brustlin, Inc.

4 Drivers for Municipal Stormwater Funds/Utilities I don t have enough to do. I really want to focus on stormwater quality. I think I will set up a stormwater utility. Residents and businesses won t mind a new fee.. especially if it goes to cleaning catch basins! Town Manager

5 Increased regulations and operational needs Federal Regulations Increased EPA Regulations and specific requirements of the Municipal Permits (MS4s) State Regulations Increased Water Quality requirements statewide (TMDLS) Advocacy Group Pressures to Implement CWA CRW, CLF O&M Increased O&M requirements Repairs Increased need for repairs to maintain drainage and prevent flooding Mapping updated parcel maps and drainage system

6 Regulatory Driven Situation in New England and Beyond Lots of stormwater regulations New Regulations MA DEP Stormwater Regulations (January 2008) EPA MS4 Permits (Second Permit Term expected spring 2011) EPA NPDES Residual Designation Authority (RDA Permit) Individual permit for Bellingham, Franklin, Milford (Draft Issued) EPA General Stormwater Permit (expected 2012 information gathering) For large commercial/industrial impervious areas For MS4 and Transportation DEP Proposed Stormwater General Permit (stalled) For large commercial/industrial and large residential impervious stalled

7 1. EPA NPDES MS4 Stormwater Permits 3 Draft permits in New England (Finals Expected Spring 2011) 1. State of New Hampshire 2. North Coastal Watersheds 3. Interstate, Merrimack and South Coastal Watersheds EPA is expecting to issue MassDOT their own separate Individual Permit.

8 1. EPA NPDES MS4 Stormwater Permit (fact sheet 73 pages long) Second Permit Term th year of First Permit TMDL / Impaired Waters more focus/requirements Dry Weather AND Wet Weather Outfall Sampling $$ More detailed requirements for Illicit Discharge Elimination Task Analysis of Municipal Properties and areas for LID implementation / impervious area reductions

9 1. MS4 Permit Focus on Impaired Waters and TMDL Compliance Annual Reports show measures to identify sources of impairments Show measure to meet waste load allocations for TMDL s Examples: Charles River Watershed Phosphorus Long Island Sound some watersheds Nitrogen Shawsheen River Basin some watersheds bacteria South Coastal Watersheds some watersheds nitrogen and/or pathogens

10 Bottom Line reduce runoff reduce pollutants More detailed requirements Calculations being required MassDOT and State have online assistance to determine impaired waters/requirements

11 EPA/State TMDL Maps, IC Stats and Permit Info

12 EPA/State Impervious Cover (IC) Statistics Example: Melrose MA Subbasin ID Entire Sub-Basin Acres % Impervio us Area Municip ality EPA Land Use Class Numb er Melrose 8 Forest Melrose Melrose Melrose Melrose Melrose 8 Forest EPA Land Use Class Name Low Density Residential Medium Density Residential High Density Residential Urban Public/ Institutional Melrose 9 Open Land Melrose 10 Water Unique ID Total Area (Including Un-Regulated Areas) Total Area Area (acres ) Impervious Area (IA) Area (acres) % of Tot al Are a Directly Connected Impervious Area (DCIA) % of Total Area Area (acres) All Urbaniz ed/ Regulat ed Area Area (acres) Urbanized/Regulated Area Only Impervious Area (IA) Directly Connected Impervious Area (DCIA) % of % of Urbaniz Urbaniz Area Area ed/ ed/ (acres (acres) Regulat Regulat ) ed Area ed Area Melrose_2118 5_LU Subbasin Subtotal: Melrose_ _LU Melrose_ _LU Melrose_ _LU Melrose_ _LU Melrose_ _LU Melrose_ _LU Melrose_ _LU Subbasin 14. Subtotal:

13 MassDOT Impaired Water Bodies Program If TMDL exists in MassDOT Project Area: Identify the Waste Load Allocation (WLA) Site visit - existing BMPs/constraints Determine if additional BMPs needed Identify potential BMPs to meet WLA Incorporate BMPs to reduce pollutant of concern Permits Require Source: MassDOT 2010 Program Training Information

14 2. EPA Residual Designation Authority (RDA) Permit Milford, Bellingham, Franklin Charles River Watershed Phosphorus TMDL Driver Retro-fits for private properties Phosphorus reduction Plan for 65% P reductions $300 K funding for three communities to look at regional stormwater utility

15 2. RDA General Requirements Baseline Standards SWPP Team Illicit detection Pollution Prevention deicing, trash, erosion, landscaping, spills O&M schedule and reporting; Street sweeping 2x year, management of chemicals, trash, erosion on site Phosphorus Reduction by 65% Enhancing non-structural BMPS sweeping, fertilizer reduction, leaf litter collection Structural BMPs infiltration Participation in Certified Municipal Phosphorus Program (CMPPP)

16 2. RDA Permit Status Draft for Franklin, Milford, Bellingham issued and significant comments received. No CMPPs in place and unlikely w/out funding. EPA appropriated $300K for first Sustainable Stormwater Funding Study (May 31, 2011).

17 3. Coming EPA 2012 Permits Associated with Strengthening the Stormwater Rules Expand beyond Urbanized Areas Significant post construction BMPs for new and redevelopment One set of requirements for permits (no Phase I, Phase II) Retro-fits for existing properties Stronger requirements for Chesapeake Bay Currently only 2% us land area

18 3. EPA Stormwater Strengthening Rulemaking Information Collection Request (ICR): Stormwater Management Nationwide Including Discharge from Developed Sites ICR in process and has distributed questionnaires to private property owners also approved four questionnaires for regulated MS4s, non-regulated MS4s, Transportation MS4s, and NPDES Permit Authorities.

19 Summary of Stormwater Costs Operations and Maintenance System Rehabilitation Stormwater BMP retro-fits for water quality and flood control Design review and oversight Regulatory compliance/tmdls Public outreach and education Administration

20 CWP Graphic of the Situation Local Stormwater Budget Center for Watershed Protection

21 Need a stable source of funding to cover Stormwater Regulatory Requirements as well as maintenance, repair and new capital projects The Problem other highway/city/town services compete for funds One Answer designated stormwater services account funded by user fees

22 Stormwater Utilities User Based Fees EPA / April communities or districts have adopted a stormwater utility Florida approx 100 stormwater utilities already in place assessing additional fees Virginia 9 new stormwater utilities in 2009 Massachusetts 4 confirmed stormwater utilities Pennsylvania - 1 just out Over the next 5 years, expect many more nationwide!

23 Stormwater utilities for Massachusetts: Enabled by legislature in 2006 Response to increasing Federal mandates and dwindling local funds Increased flooding and failing infrastructure Increasing awareness of the relationship between stormwater management and healthy surface waters Stormwater fees in Newton, Reading, Chicopee, Haverhill

24 Stormwater Utility Development

25 Stormwater Utility/Fee/Fund Dedicated for services, capital projects, O&M Separate stormwater fund Only for stormwater-related costs Is a fee for service it is NOT A TAX or assessment. Site Fee amount based on use Fee for all property owners with impervious area

26 Funding Alternatives for Stormwater Management MAPC DRAFT Presentation Handout November 17, 2010

27 Funding Alternatives for Stormwater Management MAPC DRAFT Presentation Handout November 17, 2010

28 What can the money be used for? FLOOD PROTECTION STORM DRAIN SYSTEM MAINTENANCE EROSION CONTROL DAM INSPECTIONS LEVERAGE GRANTS NATURAL RESOURCE PROTECTION PUBLIC HEALTH & SAFETY STATE & FED. WATER QUALITY COMPLIANCE

29 Key Features of Funded Stormwater Management Program Director often DPW Superintendent coordinating Stormwater Services Budget detailed line items Stormwater Bylaw & Regulations - allow establishment of fee, allowable uses for stormwater system Stormwater Fee Credits - partial abatements or credits for removing stormwater discharges to Town system

30 Key Features of Funded Stormwater Management Program Director often DPW Superintendent coordinating Stormwater Services Budget detailed line items Stormwater Bylaw & Regulations - allow establishment of fee, allowable uses for stormwater system Stormwater Fee Credits - partial abatements or credits for removing stormwater discharges to Town system

31 What are the basic steps in establishing a fee-based program? 1. Determine Existing Stormwater Budget - for compliance, capital, and operation/maintenance activities 2. Prepare Needed/Desired Budget evaluate needs and costs of State and Federal program requirements 3. Propose Acceptable Budget what is a reasonable budget to achieve much of what is required/desired? 4. Funding Options Outline possible fee structures to meet the acceptable budget 5. Evaluate Impact of New Fee determine the cost to property owners, assess feasibility

32 Implementation 1. Budget analysis/meetings - input from various City Staff is necessary to determine the Existing and Future Stormwater budgets 2. Parcel analysis and rate structure evaluation Distribution of lot sizes/land use Must have accurate parcel data with impervious area information Rough information from the States Impervious cover data 3. Addressing key hurdles - potential issues with staffing for billing/management, new department?, demonstrating equitable fee structure, public acceptance, abatement decisions 4. Public education, outreach - must get buy in on need for funds, use for fund, impact to property owners 5. Pass bylaw/ordinance/regulations

33 Rate Structure Options Land Use Category assigns a flat fee based on land use type Intensity of Development based on proportion of impervious area to the entire size of parcel Equivalent Hydraulic Area calculates a fee based on the estimated runoff from the impervious and pervious surfaces of a site Equivalent Residential Unit Calculation (ERU)

34 ERU Method - Calculations based on Incremental Impervious Area Based on average residential impervious area (Equivalent Residential Unit = ERU) Larger areas charged fee as increments of the ERU Typical municipal stormwater utility rates $2-5/per month/resident

35 Example of how to calculate ERU Parcel Size Evaluation Mean Town-wide Parcel Size is 2.47 acres Average Lot site acres (2,000 of the 2,458 parcels are in this size range) Typical Average Residential Lot size is 0.5 acres lot with 20% impervious area 20% impervious Area of 0.5 acres = 0.1 acres = 4,356 s.f. 4,356 s.f. = 1 ERU

36 Example Calculations by ERU Land Use Impervious Area (acres) Impervious Area (acres) Fee ($/mo.) Fee ($/yr.) Residential 4, $3 $36 (= 1 ERU) Small Commercial 43,560 1 $30 $360 Larger Commercial 435, $300 $3,600 Iterative process of evaluating various fees, with available parcel distribution to budget

37 Must update Parcel Mapping in order to finalize exact fees

38 What are the benefits? Compliance - Federal and State Regulatory Compliance and avoidance of costly fines and lawsuits Flood Protection - Increased safety and preparedness for flood control & availability of funds in the event of a flood Water Quality and Natural Resource Protection Sandy Pond, Flanagan Pond, Nashua River Mapping - Updated Town Parcel Maps, updated drainage maps Funding stable fund that does not compete with general fund, can be leveraged for capital projects

39 Flood Protection

40 Maintaining Storm Drain System

41 safety

42 Inspecting Dams

43 Preventing Erosion

44 Protecting Wetlands

45 Protecting Swimming Areas

46 Protect Drinking Water Supplies

47 CONTACT INFORMATION Bethany E. Eisenberg Director of Stormwater Services VHB Vanasse Hangen Brustlin, Inc. 101 Walnut Street Watertown, MA Phone: x1229 Fax: Direct: Richard A. Claytor, Jr., P.E. Principal Engineer Horsley Witten Group 90 Route 6A, Sandwich, MA Deb Caraco Center for Watershed Protection Field Office: 606 N. Aurora St., Ithaca, NY Main Office: 8390 Main Street, 2nd Floor, Ellicott City, MD Stacey A. DePasquale, P.E. President SDE 354 Merrimack Street, Suite 200 Lawrence, MA