Stormwater Regulations Update Is Your Community Ready?

Transcription

1 Stormwater Regulations Update Is Your Community Ready? E MILY S CERBO, P. E., P R OJ EC T M A N AGER, T I G H E & B O N D J ULIE CONROY, A I CP, SENIOR E N V I RO N MENTA L P L A N N E R M E T R O POLITA N AREA P L A N N I N G COUNCIL C I T I Z E N P L A N N E R T R A I N I N G C O L L A B O R AT I V E ( C P T C ) A N N U A L C O N F E R E N C E M A R C H 1 9, H O LY C R O S S C O L L E G E I N W O R C E S T E R, M A

2 Session Agenda 11:15 EPA Small MS4 Program Overview 11:25 Planning Participation in the New Permit 11:35 Group Discussion: Green Infrastructure and Local Code 11:50 Funding Stormwater Management: MAPC Stormwater Utility Starter Kit 12:10 Group Discussion: Stormwater Fees What is Fair & Equitable? 12:20 Help from Regional Groups 12:30 Lunch Break

3 EPA Small MS4 Program Overview

4 Regulatory Background 2008: Small MS4 General Permit Expired. 2003: Small MS4 General Permit Issued Sept. 30, 2014: Newest Draft MA General Permit : Clean Water Act 1987: Water Quality Act 1990: NPDES Phase I Stormwater 1999: NPDES Phase II Final Rule

5 Regulatory Background Small MS4 General Permit Basics For cities and towns, stormwater discharges are regulated under EPA s Phase II Small Municipal Separate Storm Sewer System (MS4) Permit Program

6 Regulatory Background Small MS4 General Permit Basics

7 Regulatory Background Small MS4 General Permit Basics What is the MS4? Municipal Separate Storm Sewer Systems Conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) Municipally owned or operated Includes country drainage

8 Stormwater Runoff Rainwater that falls on paved streets, lawns, parking lots, and sidewalks becomes polluted stormwater. The more impervious surface, the more stormwater runoff and impact to receiving water bodies. Runoff Discharges to Nearby Waters 40% of known pollution to the nation s waters is caused by stormwater runoff Typical pollutants in stormwater are trash, oil, fertilizers, sediment, sand, and bacteria. Impervious Cover Model Source: Center for Watershed Protection

9 Pollutants of Concern

10 Impact on Local Waters

11 Minimum Control Measures 6 MCMs Public Education and Outreach Public Involvement and Participation Illicit Discharge Detection and Elimination (IDDE) Program Construction Site Stormwater Runoff Control Stormwater Management in New Development and Redevelopment Good House Keeping and Pollution Prevention Total Maximum Daily Loads (TMDLs)

12 Compliance Schedule General Permit is Final General Permit is Effective Submit NOI to EPA March months (?) October 2016 (or later) + 90 days Winter Date is based on latest conversations with EPA permit writers and is subject to change

13 Planning Participation in the New Permit

14 Audience Poll Who acts as the stormwater program coordinator in your community? A. Town Engineer B. DPW Director C. Conservation Agent D. Planner E. Other

15 How can Local Planning Departments Participate? 1. Stormwater Management Plan (SWMP) 2. Stormwater Bylaws and Regulations 2003 Requirements New Permit: Regulatory Review and Updates 3. Non-Stormwater Bylaw LID and Green Infrastructure Assessment

16 Stormwater Management Plan Develop Stormwater Management Program Within one year of Final GP Issuance SWMP must: Address Six Minimum Controls Establish Measurable Goals Establish Schedule for Achieving Goals Designate Responsible Person for Each BMP Include Identification/Mapping of: Receiving waterbody segments, classification, and impairment Interconnected MS4s and other separate storm sewer systems receiving a discharge from the permitted MS4 Public Participation is required.

17 Stormwater Bylaws and Regulations 2003 Requirements MCM 3: Illicit Discharge Detection and Elimination Effectively prohibit, through a bylaw/ordinance; non-stormwater discharges into the MS4 and implement appropriate enforcement procedures and actions. Exceptions (i.e., allowable non-stormwater discharges): Water line flushing Irrigation water (including lawn watering) Uncontaminated ground water (such as from sump pumps) Residential car washing Dechlorinated swimming pool discharges Street wash water Residential building wash waters without detergents Discharges from firefighting

18 Stormwater Bylaws and Regulations 2003 Requirements MCM 4 & 5: Construction Site Runoff Control and Post-Construction Stormwater Management The permittee must develop, implement, and enforce a program to: reduce pollutants in any stormwater runoff to the MS4 from construction activities that result in a land disturbance of (MCM 4).address stormwater runoff from new development and redevelopment projects that disturb. (MCM 5) greater than or equal to one acre. The permittee must include disturbances less than one acre if part of a larger common plan of development which disturbs greater than one acre.

19 Stormwater Bylaws and Regulations 2003 Requirements This includes adoption of a bylaw, ordinance, or other regulatory mechanism that: Requires sediment and erosion control at construction sites Includes sanctions to ensure compliance Requires appropriate BMPs, including minimizing the area of disturbance and control of construction wastes Includes procedures for site plan review Accounts for public comments Includes procedures for inspection and enforcement at construction sites Ensures adequate long-term O&M of stormwater BMPs and drainage Requires controls to prevent or minimize water quality impacts. Orange = Construction Requirements Blue = Post-Construction Requirements

20 Stormwater Bylaws and Regulations 2003 Requirements These requirements should be completed before submitting your community s Notice of Intent application for the reissued General Permit. Yes Yes Yes

21 Stormwater Bylaws and Regulations New Permit Stormwater Regulatory Review and Update Due within 2 years of the permit effective date (i.e., October 2018 at the earliest) Amendment of bylaws to require compliance with MassDEP Stormwater Standards (if not already) Amendment of bylaws to require BMPs which will prevent or minimize impacts to water quality : Retain and/or treat first 1 of runoff Infiltration near environmentally sensitive areas must have the ability to shutdown in the event of an emergency spill Avoid disturbance of natural areas Other more prescriptive and specific requirements for design and documentation of compliance

22 Non-Stormwater Bylaws and Regulations New Permit LID and Green Infrastructure Evaluation Step 1: Street Design and Parking Lot Guidelines Due within 3 years of permit effective date Develop a report assessing current guidelines and other local requirements that affect impervious cover Make recommendations and a schedule to update standards to minimize imperious cover attributable to parking areas and street design Implement plan Source:

23 Non-Stormwater Bylaws and Regulations New Permit LID and Green Infrastructure Evaluation Step 2: MS4-Wide LID and Green Infrastructure Due within 4 years of permit effective date Develop a report assessing current guidelines and other local requirements to determine feasibility of allowing (where site conditions are appropriate): Green Roofs Infiltration practices such as rain gardens, porous pavement, and other designs to manage runoff with landscaping and augmented soils Water harvesting devices such as rain barrels and cisterns, and the use of stormwater for non potable uses Make recommendations and a schedule to update standards Implement plan Source: rain-barrels

24 Non-Stormwater Bylaws and Regulations New Permit LID and Green Infrastructure Evaluation Other Considerations? Complete Streets Sustainable Water Management Initiative (SWMI)

25 Group Discussion GREEN INFRASTRUCTURE AND LOCAL CODE

26 Discussion Questions: 1. What is the general attitude in your community toward low impact development? 2. What are some reasons that local decision makers and departments might oppose green infrastructure techniques? 3. How can you help promote LID and green infrastructure in your community? What resources do you need?

27 Funding Stormwater Management MAPC STORMWATER UTILITY STARTER KIT

28 Permit Costs Existing costs substantial but often not clearly tracked New costs are uncertain, requirements and estimates vary significantly Milton estimates year 1 additional costs of $120,000 Canton estimates annual operating costs rising by up to $337,000 over 5 years with annual capital spending averaging $276,000 Dedham estimates annual cost increase eventually reaching $1M Boston Globe estimates $39M per year in Franklin!!!

29 Stormwater Financing Options Property tax Grants Efficiency through regional collaboration Stormwater utility fee

30 What is a Stormwater Utility? Fee-based revenue alternative Uses impervious cover as a measure of stormwater volume Analogous to water and sewer use fees Usually added to water/sewer bill Best established as an enterprise fund

31 Benefits of Fee-Based Revenue Legal, Predictable Transparent, Flexible Can incentivize pollutant load reductions Can include tax exempt properties Allocates cost by contribution to the problem Can reduce competition with other budget priorities

32 Who Has One? >3,000 in US Gloucester Reading Newton Yarmouth Fall River Chicopee Westfield Northampton Milton

33 MAPC Stormwater Financing/Utility Starter Kit

34 Kit Contents 1. Define: Water Quality Problems & Management Needs 2. Determine: Fee Structure 3. Deliver: Outreach Program 4. Develop: Management Program 5. Draft: Bylaw/Ordinance/Regulations

35 Drainage Fee Premise & Principles Premise: a) Stormwater drainage system is a public system/service! b) Fee is established just like drinking water rate (can equate volume of runoff per sq ft of impervious just like gallons per person usage) Principles: a) Equitable, b) Stable, and c) Sustainable Credit: City of Falls Church, VA

36 Define Needs Water Quality/Quantity Improvements MS4 Compliance Management - Staff: Stormwater Program Manager DPW staff for Maintenance/IDDE Infrastructure Repair Planning/GIS Development Plan/Permitting Review

37 Determine Fee Structure: Expenditures Category/Item Total (MS4 Permit Year 1) Administration $83,553 Regulation/Enforcement $13,500 Engineering and Master Planning $366,795 Operations and Implementation $575,113 Monitoring $17,650 TOTAL: $1,056,611

38 Determine Fee: Impervious Analysis Code Property Type In Impervious Analysis? 0XX Multiple Use Yes 1XX Residential Yes 2XX Open Space Yes 3XX Commercial Yes 4XX Industrial Yes 5XX Personal Property No Not Found 6XX Forest (Chapter 61) No Pervious 7XX Agricultural (Ch. 61A) Yes Some 8XX Recreational (Ch. 61B) Yes Some

39 What Counts as Impervious Surface? Paved or built areas that prevent rainwater from soaking into the ground Includes driveways, buildings, parking lots, patios, etc.

40 Determine Fee: Rate Options 1. Flat fee - based only on the number of parcels in Town against costs; 2. Graduated fee - per land use classification using an Equivalent Residential Unit (ERU); 3. Proportional fee - based on impervious surface data for each parcel; and 4. Distributed fee - using a square root of the proportional calculations.

41 Determine Fee: Graduated Average Single Family Residential impervious area = 1 Equivalent Residential Unit (ERU). Fees for other prop types are calculated relative to ERU 1 ERU 20 ERU s 24 ERU s Residential 2,500 sq ft imp. $160/yr Commercial 50,800 sq ft imp. $3,000/yr Institutional (tax exempt) 60,500 sq ft imp. $4,000/yr

42 Determine Fee: Graduated (ERU) Property Type # of Parcels Total Imperv (sq ft) Average Imperv. ERU Equivalent Annual Fee Quarterly Fee Res - Single Fam 6,578 16,733,888 2,544 sq ft 1 $ $40.15 Res Accessory ,628 1,631 sq ft 0.6 $ $25.75 Res Multi-Unit 1,521 7,914,075 5,203 sq ft 2.0 $ $52.67 Commercial ,009,539 50,880 sq ft 20.0 $3, $ Industrial 39 2,361,727 60,557 sq ft 23.8 $3, $ Exempt 186 5,303,104 28,406 sq ft 11.2 $1, $ Totals: 8,997 47,919,303

43 Determine Fee: Proportionate Property Type Land Use Code Total Impervious (sq ft) Percent of Town s Imperv. Approximate Low Fee (Annual) Approximate High Fee (Annual) Res - Single Family ,733,888 39% $5 $2,000 Res - Other/Accessory ,628 19% $30 $9,000 Res Multi-Unit ,914,075 1% $1 $600 Commercial ,009,539 35% $1 $30,000* Industrial ,361,727 6% $20 $5,000 Exempt 900 5,283,445 11% $1 $9,000 Totals: 47,919, % * Note: Sizeable variation is due to approximately 10 properties with over 200,000 sq ft impervious. See explanation below.

44 Determine Fee: Distributed

45 Determine Fee: Credits Recharge of/reduction in Impervious Coverage Low Impact Development Green Infrastructure Quantifiable Stormwater Quality Benefit (e.g. Reduction of Post-development Peak Flow) Educational Programming (primary/secondary schools)

46 Deliver: Internal Outreach Education on SW Pollution Purpose and Benefits of Fee Rates Methodology Recommended Rates Coordination: SW Advisory Committee (??) Materials for External Outreach

47 Deliver: External Outreach Pre-Education Phase (Setting Groundwork) What is Stormwater? Program Development (What is Fee?) Education After Fee/Utility Establishment

48 Develop Management Program Regional Utility Multi-municipal Mgmt. Municipal Utility Existing Dept.

49 Draft Ordinance/Bylaw A charge for use of main drains and stormwater facilities adopted under the Home Rule Amendment of the Massachusetts Constitution, and pursuant to G.L. c. 83, 1, 10, and 16, as amended; c. 149, special assessment district set up to generate funding specifically for stormwater mgmt. Users pay a storm water fee and the revenue generated directly supports Every estate whose building sewers discharge directly or indirectly into public sewers shall pay a charge for the use of main drains, stormwater facilities and sewage works.

50 Group Discussion STORMWATER FEES WHAT IS FAIR & EQUITABLE?

51 Rate Selection Critical Questions How do you want to distribute the fee burden across property types? For example, if the Town s commercial properties include more impervious surfaces, in total, than all other property types; perhaps this is where the fee burden is more heavily weighed. How do you want to distribute the fee within each property type? For example, does the Town want to use the same fee for each property within one property classification? Is there an interest in leveling-out the fee distribution within a property type? For example, are there political sensitivities of imposing a fee based on actual imperviousness in cases where some properties bear a very high burden for one reason or another?

52 Exercise: Rate Selection Property Type Total Imperv. (sq ft) % of Town s Imperv. Flat Fee Graduated Fee Proportionate Fee - Highest (Annual) Distribute Fee - Highest Res - Single 16,733,888 39% $118 $161 $2,000 $600 Family Res Multi- 7,914,075 1% $118 $211 $600 $800 Unit Commercial 15,009,539 35% $118 $3,213 $30,000 $2,000 Industrial 2,361,727 6% $118 $3,824 $5,000 $2,000 Exempt 5,283,445 11% $118 $1,150 $9,000 $2,000 Totals: 47,919, %

53 Help from Regional Groups

54 Partnership Program Options 1. Education and Outreach Templates for SWMP 2. Review of Local Bylaws (Stormwater and Non) 3. Illicit Discharge Detection and Elimination IDDE Planning: a) Language for use in SWMP b) Map and data table (outfalls and receiving waters) c) Ranking of outfalls d) Evaluation of regional implementation options 4. Evaluation of Parcel and Roadway Retrofits 5. Good Housekeeping SOPs 6. Financing Analysis and Pilots

55 Neponset Stormwater Partnership No More Recreating the Wheel Resource Sharing Shared Technical Services Planning at the Watershed Scale SWMP Development Collaborative Governance Ongoing Leadership for SW Management

56 RESOURCES/ MODEL STORMWATER BYLAW & REGULATIONS FOR MASSACHUSETTS MUNICIPALITIES DRAFT STORMWATER BYLAW/REGULATIONS QUESTIONNAIRE FOR NEW DEVELOPMENT & REDEVELOPMENT PROJECTS (With Recommendations for Revision of Current Bylaws/Regulations), (To be added soon): NON-STORMWATER BYLAW ANALYSIS AND RECOMMENDATIONS

57 Regional Stormwater Utility: Could Look Like Carries out the cooperative program Jointly managed by a board and minimal hired administrative staff Could also collect and disburse bills if multiple user fees Shared Program Town X Town Y Town Z

58 Questions and Discussion Emily Scerbo Julie Conroy