MS4 Permit Compliance, CIP

Development & Stormwater

Utilities as a Funding Mechanism

Presenters

Jaurice A. Schwartz, PE

Project Manager, Weston & Sampson

David M. Elmer, PE

Vice President, Weston & Sampson

Presentation Overview

• MS4 Permit Background

• MS4 Permit Requirements &

Cost Implications

• CIP Development

• Stormwater Funding

Mechanisms

What is an MS4?

Municipal Separate Storm Sewer System (MS4) All man-

made stormwater collection and conveyance infrastructure

owned by a municipality.

Drain Pipes

Drain Manholes

Catch basins

Outfalls

Culverts

Man-made Channels / Swales

Infiltration / Detention / Retention Basins

Treatment structures

MS4 Permit Background

• Phase 1 (1990) - Population > 100,000 – individual permits

• Phase 2 (1999) – Population < 100,000 in urbanized areas as defined by the Census Bureau – general permits

• MA/NH - EPA retains primacy

• Other New England states delegated to administer their programs.

MS4 Permit Intent

Permittees must develop, implement &

enforce a SWMP to reduce the discharge of

pollutants from the MS4 to the maximum

extent practicable, to protect water quality,

and to satisfy the Clean Water Act.

Best Management Practices (BMPs)

Best Management Practice (BMPs) – methods used to minimize pollutants discharged with stormwater into waterbodies and/or the peak rate at which stormwater discharges

Non-StructuralStreet sweeping

CB cleaning

Public education

Good housekeeping

Low impact development

StructuralInfiltration basins

Particle separators

CB sumps / hoods

Rain gardens

Detention ponds

Who is Regulated in New England?

State

Traditional

MS4s

Connecticut 121

Maine 30

Massachusetts 260

New Hampshire 61

Rhode Island 34

Vermont 13

MS4 Permit Status

State

Effective Date for Current/

Pending Permits

Connecticut July 1, 2017

Maine July 1, 2013

Massachusetts July 1, 2017

New Hampshire July 1, 2018

Rhode Island Draft Permit Pending

Vermont December 5, 2012

2003 vs. New MS4 Permit

• Greater accountability

• More detailed, required BMPs

• More stringent, designated timeframes for BMP

implementation

• Documentation in writing

• Increased reporting

• Extensive watershed-based

requirements

• More requirements = More $$

Minimum Control Measures

• Public Education and Outreach

• Public Participation/Involvement

• Illicit Discharge Detection & Elimination

• Construction Site Runoff Control

• Post-Construction Stormwater

Management

• Pollution Prevention/Good

Housekeeping

Watershed Based Permit

RequirementsImpaired Water - A waterbody or section of a waterbody with regular violations of water quality standards

Total Maximum Daily Load (TMDL) – Pollutant reductions set based how much of a given pollutant a waterbody can assimilate and still meet water quality standards

• Watershed Based Permit Requirements– Additional Requirements for Impaired Waters with

& without approved TMDLs

� Phosphorus

� Nitrogen

� Bacteria

� Chloride

� Metals

� Solids

� Oil/Grease

Minimum Control Measures &

Requirements

Cost Implications for MS4

Communities

Primary Cost Variables

• Size of MS4

• Location of MS4

• Amount of Urbanized Area

• Prior Accomplishments

• Watershed Based

Requirements

• Available In-House Staff

• Available Resources

Notice of Intent & SWMP

• What’s Required?– File a NOI for Coverage

– Identify Best Management Practices for Compliance

– Provide Schedule for Implementation

– Document in SWMP & Update Continually

• Cost Implications– Primary Variable: Watershed-Based Requirements

– Estimated Costs: Up to $30,000

Public Education/Participation

• What’s Required?

– Educational Messages to Targeted Audiences

• Residents

• Businesses, Institutions & Commercial Facilities

• Developers (construction)

• Industrial Facilities

– Evaluate Message Effectiveness

• Cost Implications

– Primary variables:• Existing/Available Resources vs. Develop New

• Assistance from Volunteer Organizations

– Estimated costs: Up to $5,000 annually

Illicit Discharge Detection & Elimination

Illicit Discharge – pollutants that enter the drainage system through direct and indirect sources

Improperly connected sewer services / floor drains

Cross connections between the sewer and drain

SSOs flowing into CBs/DMHs

Illegal dumping

Outside washing

Leaky dumpsters

Exfiltrating sewers

Failing septic systems

Contaminated soils or groundwater

Illicit Discharge Detection & Elimination

• What’s Required?– Written IDDE Plan

– Map the MS4 (Up to $250,000)

– Delineate/Rank/Prioritize MS4

Catchments for IDDE Potential

– Dry and Wet Weather Screening & Sampling

($100,000+)

– IDDE Field Investigations (Up to $ 1 million)

– Removal of Illicits (Budget $25,000 to

$50,000/yr.)

• Cost Variables:– MS4 Size/# of Outfalls/# of Illicits Identified

Construction Site Runoff Control (CSRC)

• What’s Required?

– Written Site Inspection/Enforcement Procedures

– Updated Construction Site Runoff Control

Ordinance

• Sediment and Erosion Control Program

• Control Wastes

– Written Site Plan Review Procedures

• Cost Implications:

– Combine with PCSWM

Post-Construction

Stormwater Management (PCSWM)

• What’s Required?

– Amend Existing Post-Construction Runoff Control

Ordinance

• MA Stormwater Management Standards

• Add procedures to minimize water quality impacts

• Require submission of as-builts

• Long-term O&M of stormwater management practices

– Assess Low Impact Design/Green Practices

– Identify Sites for BMP Retrofits

CSRC & PCSWM

Updates

• Cost Implications (CSRC & PCSWM)

– Extent of Existing Mechanisms

– Desire for New/Separate Mechanisms

– Legal Advice

– Up to $50,000

Pollution Prevention/

Good Housekeeping

• What’s Required?– Written O&M Procedures for

Municipal Activities

– Inventory of Municipal Facilities

– Optimize Catch Basin Cleaning

– Street and Lot Sweeping

– Develop/Implement SWPPPs

– Employee Training

• Cost Variables:– MS4 Size/# of Facilities/# of CBs

Watershed Based Requirements

• What’s Required?– TMDL/Impaired Waters

• Phosphorus– Phosphorus Control Plan

– Implement BMPs to Meet TMDL Wasteload Allocations & Percent Reductions

• Nitrogen– Identification of Nitrogen sources

– Implement Nitrogen reduction BMPs

• Bacteria/Chloride/Metals/Solids/Oil & Grease

• Cost Variables:– Dependent on Impairment &

Watershed Area

Summary of Estimated MS4

Compliance Costs*

Permit

Year

Estimated Cost

(Low End)

Estimated Cost

(High End)

Year 1 $150,000 $250,000

Year 2 $200,000 $600,000

Year 3 $150,000 $400,000

Year 4 $175,000 $425,000

Year 5 $200,000 $400,000

Years 6-10 (IDDE/Watershed

Based Requirements)

$100,000 annually $1 million+ annually

Years 10-20 (Watershed Based

Permit Requirements)

$1 million+ annually

* Estimates based on compliance costs developed for selected communities within MA & NH.

Big Picture Focus

MS4 Permit is the Driver

What about other Municipal

Stormwater Needs?

� Existing Capital Improvement

Plans for Water & Sewer Systems

– None for Stormwater

� Develop a Stormwater Infrastructure Improvement Plan to efficiently invest City resources

Capital Improvement Planning

CIP

Sewer

Water

Stormwater

• Existing CIPs for

Water & Sewer

Systems but what

about Stormwater?

• Develop a

Stormwater CIP to

efficiently invest

resources

• Comply with the MS4 Permit

• Reduce Localized Flooding

• Identify & Rehabilitate Failing

Drainage Infrastructure

• Predictive Maintenance

CIP Goals

Stormwater CIP Development

PlanPlan

Prioritization

Costs

Prioritization

Costs

Needs Assessment

Field Reconnaissance

Historical Data

Steering Committee

Needs Assessment

Field Reconnaissance

Historical Data

Steering Committee

Stormwater CIP

Components • MS4 Compliance

• Localized Flooding

• Stream Maintenance

• Culverts & Critical

Infrastructure

• Assessment for O&M

Needs

Project Prioritization

• Risk Based Approach

• Condition Assessment

• Consequence of Failure

• Risk Rating

Project Prioritization

Category of Consequence % of Weight

Public Health & Safety 22%

Property Damage 22%

Cost of Deferred Maintenance 20%

No. of People Impacted 13.5%

Traffic Impacts 13.5%

City Development Priorities 9%

Total 100.0%

Risk Rating

• Risk = Probability of Failure x

Consequence of Failure

• Risk Rating Calculated for each

Project

• Prioritized Stream Maintenance,

Localized Flooding & Culvert

Projects numerically based on

Risk Rating

• MS4 Compliance Work Federally

Mandated

High/LowHighest Priority

Lowest Priority

Low/High

Consequence of Failure

Pro

ba

bili

ty

of

Failu

re

Stormwater System – Newton, MA

• 320 miles of drain pipe

• 12,750 catch basins

• 2 Pump stations

• 183 exterior

outfalls/interconnections

• 201 interior outfalls

• 14 miles of streams

• Stormwater fee established in

2006 to partially fund stormwater

costs

Stormwater CIP

Newton, MA

• 20-Year Plan

• Annual Cost Ranges from

$1.35 to $2.94 million

• Total CIP Cost Estimated at $41 million

� MS4 Compliance - $11.3 million

� Localized Flooding - $3.0 million

� Stream Maintenance - $11.2 million

� Culverts - $15.7 million

Seek Funding

Stormwater Funding Mechanisms:

So How Do We Pay For All This?

Stormwater Management

Funding Sources• Operational Funds:

� Taxes

� Fees / User Charges

• Capital Funds:

� Taxes

� Betterments / Special Assessments

� Fees / User Charges

� Grants / Loans

� District Financing (e.g. DIF, TIF)

Stormwater Funding Assistance

• Transportation Funding Programs

– Chapter 90 funds, TIP, TEG, TIGER

• Water Quality Grants (Section 319/604b)

• Community Development Grants

(CDBG/CDAG)

• State Revolving Fund (SRF)

• Rural Development Funding (Grant/Loan)

• Hazard Mitigation / FEMA Grants

Stormwater Utilities

What is a Stormwater Utility (SWU)?

“A Stormwater Utility, operating much like an

electric or water utility, may collect fees

related to the control and treatment of

stormwater that can be used to fund a

municipal stormwater management program.”

- U.S. EPA, Funding Stormwater Programs, April 2009

Stormwater Utilities

Legal Basis for SWU:

• All New England states have provided

authority for the creation of stormwater

utilities.

• In Massachusetts, M.G.L. Chapter 83,

Section 1 (amended 2006) addresses

establishment of stormwater utility programs.

Stormwater Utilities

Forms of SWU:

• Stormwater Fee Programs

– Often Revenue Generation Only

• Revenues Dedicated to SW Management

– Separate Use of Funds for SW Management

• True Enterprise Funded SWU

– Separate Accounting

– All funds for SW Management from SWU Fees

• Separate Utility Entity

– Your local Stormwater Company

Stormwater Utilities

SWU Fee Systems:

• Commonly an Area Based Method

– Calculate Impervious Area

– Establish a Common Unit: An Equivalent Residential Unit (ERU) is the amount of impervious area on a typical single family residential parcel.

– Flat Fees or Variable Fees Based on ERU increments • Small, Medium or Large Residential

• Commercial/Industrial Scale

• Rates Based on Actual Costs

for SW Management

Stormwater Fees in MA

MunicipalityResidential Fee

Structure

“Non-Residential”

Fee Structure

Chicopee Single Family Homes

$100/yr.

Up to $160/yr.

Fall River $140/yr.

$140/yr for every

2,800 SF of IA

Milton4 Residential Tiers

Range from $28 to $156/yr. $1.56 x 100 SF of IA

Newton Residential (1 to 4 Family Dwellings)

$75/yr.

Tiered System based on IA

$250 - $5,000/yr.

NorthamptonResidential (1 to 3 Family Dwellings)

4 Tiers - $63.94 to$259.07/yr. Based on IA

Reading 1 or 2-Family - $40/yr.

$40/yr. for every

3,210 SF of IA

Westfield $20/yr.

$0.045 per SF of IA

Min. Fee = $100/yr.

Max. Fee = $640/yr.

Stormwater Funding

Where to Start

• Understand your local costs for stormwater management – start tracking.

• Learn more about options (e.g. SWU training).

• Engage people - establish interdepartmental support and use public forums.

• Municipal/Agency Budget –Identify costs in your budget and discuss with Town Meeting/City Council.

QUESTIONS?

Contact Us:

Weston & Sampson(978) 532-1900

www.westonandsampson.com

David E. Elmer, P.E.

elmerd@wseinc.com

Jaurice A. Schwartz, P.E.

schwartzj@wseinc.com

thank youwestonandsampson.com