Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Towns of Indian Trail and Stallings, NC Presentation to Town Council June 11-12, 2007 Stormwater Utility Program Development

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 AGENDA 1. Background Information 2. NPDES Phase II Stormwater Permits 3. Stormwater Utility 4. Funding the Stormwater Utility 5. Where can I get additional information? 6. Questions ?

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, Background Information What is Stormwater? What is Stormwater? History of Clean Water in the U.S. History of Clean Water in the U.S. NPDES Stormwater Program NPDES Stormwater Program

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Background Information What is Stormwater? What is Stormwater? Stormwater is rainfall that does not soak into the ground or evaporate into the atmosphere but becomes surface runoff. Stormwater is rainfall that does not soak into the ground or evaporate into the atmosphere but becomes surface runoff.surface runoffsurface runoff Stormwater flows either directly or via storm sewers into surface waterways. Stormwater flows either directly or via storm sewers into surface waterways.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Background Information What is Stormwater? What is Stormwater? In natural, undeveloped landscapes like forests, wetlands and meadows, rainwater is captured by the porous and varied terrain and either evaporates into the atmosphere or soaks into the soil. Approximately 10% runs off and makes its way to a stream. In natural, undeveloped landscapes like forests, wetlands and meadows, rainwater is captured by the porous and varied terrain and either evaporates into the atmosphere or soaks into the soil. Approximately 10% runs off and makes its way to a stream.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Background Information What is Stormwater? What is Stormwater? In urbanized areas, impervious surfaces (parking lots, roads, buildings) do not allow rain to infiltrate into the ground. More runoff is generated than in the natural, undeveloped condition. In urbanized areas, impervious surfaces (parking lots, roads, buildings) do not allow rain to infiltrate into the ground. More runoff is generated than in the natural, undeveloped condition.impervious surfacesimpervious surfaces Problems with urban stormwater runoff include : Problems with urban stormwater runoff include :  Flooding  Pollution

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Background Information History of Clean Water in the U.S. History of Clean Water in the U.S. 1948: U.S. Congress passed the Clean Water Act (CWA) 1948: U.S. Congress passed the Clean Water Act (CWA)  Focus was on improving sanitary condition of surface waters.  Federal government provided assistance to states and municipalities in constructing sewage treatment plants to prevent discharge of inadequately treated sewage.  Industrial discharges were generally unregulated and wastes were routinely dumped into lakes and rivers.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Background Information Extinguishing fires on the Cuyahoga River, Ohio (1960s).

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Background Information History of Clean Water in the U.S. History of Clean Water in the U.S. 1972: Establishment of the National Pollutant Discharge Elimination System (NPDES) Program 1972: Establishment of the National Pollutant Discharge Elimination System (NPDES) Program  Focus was on reducing pollutants in industrial process wastewater and municipal sewage.  The discharge of any pollutant to surface waters without a NPDES permit was unlawful.  These permits limited discharges to control dumping of wastes.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Background Information History of Clean Water in the U.S. History of Clean Water in the U.S : National studies done by the U.S. Environmental Protection Agency (USEPA) and other agencies identify stormwater discharges as a significant source of water pollution in urban areas : National studies done by the U.S. Environmental Protection Agency (USEPA) and other agencies identify stormwater discharges as a significant source of water pollution in urban areas. National Urban Runoff Program (NURP), 1983 National Urban Runoff Program (NURP), 1983 America’s Clean Water – The States’ Nonpoint Source Assessment, 1985 America’s Clean Water – The States’ Nonpoint Source Assessment, 1985

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Background Information History of Clean Water in the U.S. History of Clean Water in the U.S. These studies concluded that urbanization increases the variety and amount of pollutants carried into streams, rivers and lakes. Pollutants include: These studies concluded that urbanization increases the variety and amount of pollutants carried into streams, rivers and lakes. Pollutants include: Sediment from construction sites Sediment from construction sites Oil, grease and toxic metals from motor vehicles Oil, grease and toxic metals from motor vehicles Pesticides and nutrients (fertilizers) from lawn and garden care Pesticides and nutrients (fertilizers) from lawn and garden care Viruses, bacteria and nutrients from pet waste Viruses, bacteria and nutrients from pet waste

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Background Information Sediment from construction site runoff is a large contributor to water pollution in developing areas.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Background Information Oil, grease and toxic metals are collected by stormwater runoff from parking lots and streets and carried into local streams.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Background Information Pollutants in stormwater are visible in this city street.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Background Information History of Clean Water in the U.S. History of Clean Water in the U.S. 1987: CWA amended to establish a framework for regulating stormwater discharges under the NPDES program 1987: CWA amended to establish a framework for regulating stormwater discharges under the NPDES program 1990: Final USEPA Stormwater Regulations, Phase I (large and medium cities, industrial contributors and construction sites) 1990: Final USEPA Stormwater Regulations, Phase I (large and medium cities, industrial contributors and construction sites) 1999: Phase II Stormwater Regulations 1999: Phase II Stormwater Regulations Issued (small cities)

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Background Information NPDES Stormwater Program NPDES Stormwater Program Phase I and Phase II communities were chosen based on population density, fast growth and location near sensitive waters. Phase I and Phase II communities were chosen based on population density, fast growth and location near sensitive waters.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Background Information NPDES Stormwater Program NPDES Stormwater Program North Carolina Phase I Communities: Charlotte, Durham, Fayetteville/Cumberland County, Greensboro, Raleigh, Winston-Salem North Carolina Phase I Communities: Charlotte, Durham, Fayetteville/Cumberland County, Greensboro, Raleigh, Winston-Salem North Carolina Phase II Communities – 33 counties and 123 cities and towns, including: Mecklenburg County, Union County, Huntersville, Indian Trail, Matthews, Mint Hill, Monroe, Stallings, Weddington North Carolina Phase II Communities – 33 counties and 123 cities and towns, including: Mecklenburg County, Union County, Huntersville, Indian Trail, Matthews, Mint Hill, Monroe, Stallings, Weddington

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, NPDES Phase II Stormwater Permits NPDES Phase II Stormwater Permits NPDES Phase II Stormwater Permits Indian Trail Permit No. NCS Indian Trail Permit No. NCS Stallings Permit No. NCS Stallings Permit No. NCS Issued 9/1/05 Issued 9/1/05 Effective for 5-year period: 10/1/05 through 9/30/10 Effective for 5-year period: 10/1/05 through 9/30/10 Permit Requirements: Six Minimum Measures Permit Requirements: Six Minimum Measures

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 NPDES Phase II Stormwater Permit Requirements 1. Public Education and Outreach 2. Public Involvement & Participation 4. Construction Site Runoff Control 5. Post Construction Site Controls 6. Pollution Prevention/Good Housekeeping for Municipal Operations 3. Illicit Discharge Detection/Elimination

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, Stormwater Utility Why is a Stormwater Utility needed? Why is a Stormwater Utility needed? What will the Stormwater Utility pay for? What will the Stormwater Utility pay for? How will the Stormwater Utility be created? How will the Stormwater Utility be created? What was the process for establishing the Stormwater Utility Programs? What was the process for establishing the Stormwater Utility Programs?

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Stormwater Utility Why is a Stormwater Utility needed? Why is a Stormwater Utility needed? To provide the Towns of Indian Trail and Stallings with a dedicated and adequate source of funding to be in compliance with their NPDES Phase II Stormwater Permits. To provide the Towns of Indian Trail and Stallings with a dedicated and adequate source of funding to be in compliance with their NPDES Phase II Stormwater Permits. To provide funds to improve and maintain the public stormwater infrastructure systems. To provide funds to improve and maintain the public stormwater infrastructure systems. A utility represents an equitable way for communities to share the cost of a public service. A utility represents an equitable way for communities to share the cost of a public service.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Stormwater Utility What will the Stormwater Utility pay for? What will the Stormwater Utility pay for? Annual compliance with NPDES Phase II Stormwater Permit requirements – six minimum measures for water quality. Annual compliance with NPDES Phase II Stormwater Permit requirements – six minimum measures for water quality. Stormwater system maintenance and capital improvement projects for flooding problems such as: Stormwater system maintenance and capital improvement projects for flooding problems such as:  Clearwater Drive  Kerry Green/ Catawba Circle

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Stormwater Utility Indian Trail – Clearwater Drive: Indian Trail – Clearwater Drive: Problem: Undersized pipes  road overtopping and flooded homes. Problem: Undersized pipes  road overtopping and flooded homes. Solution: Town to work with NCDOT to replace pipes and rework downstream ditch to accommodate more volume. Solution: Town to work with NCDOT to replace pipes and rework downstream ditch to accommodate more volume. Cost Estimate: $206,000 construction; $13,000 ROW; $10,000 engineering & surveying Cost Estimate: $206,000 construction; $13,000 ROW; $10,000 engineering & surveying

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Stormwater Utility Joint Indian Trail/Stallings – Kerry Green & Catawba Circle: Joint Indian Trail/Stallings – Kerry Green & Catawba Circle: Problem: Pipe under Catawba Circle is full of sediment and downstream ditch does not flow, resulting in water backing up onto properties in Kerry Green. Problem: Pipe under Catawba Circle is full of sediment and downstream ditch does not flow, resulting in water backing up onto properties in Kerry Green. Solution: Acquire easement on downstream property, redefine ditch and clean out pipe. Solution: Acquire easement on downstream property, redefine ditch and clean out pipe. Cost: $7,000 construction; $3,000 ROW Cost: $7,000 construction; $3,000 ROW Culvert 2 Culvert 1 Culvert 2 Kerry Green Culvert and Drainage Problem Location Catawba Circle culvert invert Catawba Circle culvert outlet

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Stormwater Utility How will the Utilities be created? How will the Utilities be created? The Towns of Indian Trail and Stallings will each adopt a Stormwater Utility Ordinance. The Towns of Indian Trail and Stallings will each adopt a Stormwater Utility Ordinance. The authority for the Towns to create a utility is provided by Article 16 of Chapter 160A (Cities and Towns) of the North Carolina General Statutes The authority for the Towns to create a utility is provided by Article 16 of Chapter 160A (Cities and Towns) of the North Carolina General Statutes The Stormwater Utility Ordinances are on the Council agendas and the intent is for them to be adopted in June The Stormwater Utility Ordinances are on the Council agendas and the intent is for them to be adopted in June 2007.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Stormwater Utility What was the process for establishing the Stormwater Utility Programs? What was the process for establishing the Stormwater Utility Programs? The Towns of Indian Trail and Stallings decided to work together as a cost-effective means for meeting the similar requirements of their NPDES permits. The Towns of Indian Trail and Stallings decided to work together as a cost-effective means for meeting the similar requirements of their NPDES permits. Joint Stormwater Advisory Committee (SWAC) established in January Joint Stormwater Advisory Committee (SWAC) established in January Members selected by Town Councils represent a broad spectrum of stakeholders including elected officials (Town Council), appointed officials (Planning Board and Board of Adjustment) and town residents. Members selected by Town Councils represent a broad spectrum of stakeholders including elected officials (Town Council), appointed officials (Planning Board and Board of Adjustment) and town residents.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Stormwater Utility Joint Indian Trail/ Stallings SWAC Members

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Stormwater Utility What was the process for establishing the Stormwater Utility Programs? What was the process for establishing the Stormwater Utility Programs? Monthly SWAC Meetings have been held to discuss permit requirements, stormwater management issues and funding solutions. Monthly SWAC Meetings have been held to discuss permit requirements, stormwater management issues and funding solutions. An engineering consultant was hired to provide An engineering consultant was hired to provide direction and expertise in the development and implementation of the Stormwater Utility.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, Funding the Stormwater Utility How will the Stormwater Utility be funded? How will the Stormwater Utility be funded? Who will pay the Stormwater Utility Fee? Who will pay the Stormwater Utility Fee? How is the Stormwater Utility Fee determined? How is the Stormwater Utility Fee determined? What is impervious surface and how is it determined for my property? What is impervious surface and how is it determined for my property? How will the Stormwater Utility Fee be billed? How will the Stormwater Utility Fee be billed? Is there anything I can do to dispute or reduce my Stormwater Utility Fee? Is there anything I can do to dispute or reduce my Stormwater Utility Fee?

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Funding the Stormwater Utility How will the Stormwater Utilities be funded? How will the Stormwater Utilities be funded? The Stormwater Utility for both the Towns of Indian Trail and Stallings will be funded through a Stormwater Utility Fee. The Stormwater Utility for both the Towns of Indian Trail and Stallings will be funded through a Stormwater Utility Fee. A Stormwater Utility Fee is similar to a water or sewer fee. A Stormwater Utility Fee is similar to a water or sewer fee. Customers pay to have stormwater conveyed from their properties. Customers pay to have stormwater conveyed from their properties.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Funding the Stormwater Utility Programs Who will pay the Stormwater Utility Fee? Who will pay the Stormwater Utility Fee? All property owners in the Towns of Indian Trail and Stallings will be required to pay a Stormwater Utility Fee. All property owners in the Towns of Indian Trail and Stallings will be required to pay a Stormwater Utility Fee. Includes all residential, commercial and industrial properties as well as all Town, County, State, Federal and other public properties. Includes all residential, commercial and industrial properties as well as all Town, County, State, Federal and other public properties. Also includes not-for-profit property owners such as churches since these properties contribute stormwater to the stormwater system. Also includes not-for-profit property owners such as churches since these properties contribute stormwater to the stormwater system.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Funding the Stormwater Utility Programs How is the Stormwater Utility Fee determined? How is the Stormwater Utility Fee determined? The SWAC will recommend the following rates to their Town Councils as First Year Flat Rate Fees: The SWAC will recommend the following rates to their Town Councils as First Year Flat Rate Fees:  Residential real estate parcels – $42 per year  Non-residential real estate parcels – $200 per year

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Indian Trail/ Stallings: 1st yr flat rate of $42; Others are for parcels with > 2,455 sq. ft. imp. cover $3.50 IT/ Stallings

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Indian Trail/Stallings: 1st yr flat rate of $200; Others assume 25,976 square feet impervious cover $16.67 (1 st yr: flat rate) IT/ Stallings

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Funding the Stormwater Utility Programs How is the Stormwater Utility Fee determined? How is the Stormwater Utility Fee determined? Indian Trail and Stallings Subsequent Year Fees: Indian Trail and Stallings Subsequent Year Fees:  More detailed fee structure is being developed  Based on amount of stormwater runoff a real estate parcel contributes to the stormwater system  Amount of stormwater contributed estimated based on amount of impervious surface on a parcel

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Funding the Stormwater Utility Programs ResidentialNon-Residential What is an Impervious Surface? A surface that prevents water from soaking into the ground. Impervious: Roof area Driveway Parking lot Pervious: Grass Storm Water User Fees Sidewalk Impervious: Roof area Sidewalk Pervious: Grass

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Funding the Stormwater Utility Programs Detailed Fee Structure for Residential Parcels: Detailed Fee Structure for Residential Parcels: Most likely, residential parcels will be charged based on a tiered fee structure that will account for different size residential parcels (e.g., small, medium, large amounts of impervious area). Most likely, residential parcels will be charged based on a tiered fee structure that will account for different size residential parcels (e.g., small, medium, large amounts of impervious area). The amount of impervious area for each residential parcel will be estimated from building footprint data available in the Union County Geographic Information System (GIS) real property database. The amount of impervious area for each residential parcel will be estimated from building footprint data available in the Union County Geographic Information System (GIS) real property database.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Funding the Stormwater Utility Programs Detailed Fee Structure for Non-Residential Parcels: Detailed Fee Structure for Non-Residential Parcels: Total fee will be determined based on amount of impervious area on the non-residential parcel in relation to the average amount of impervious area on a single-family parcel. Total fee will be determined based on amount of impervious area on the non-residential parcel in relation to the average amount of impervious area on a single-family parcel. This average will be identified as an Equivalent Residential Unit or ERU. This average will be identified as an Equivalent Residential Unit or ERU.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Funding the Stormwater Utility Programs Detailed Fee Structure for Non-Residential Parcels: Detailed Fee Structure for Non-Residential Parcels: An ERU can be defined in one of the following ways: An ERU can be defined in one of the following ways: Impervious surfaces measured from a random sample of approximately 300 single family residential parcels from both towns, and an average determined (= 3,300 sq. ft. for Indian Trail/ Stallings); Impervious surfaces measured from a random sample of approximately 300 single family residential parcels from both towns, and an average determined (= 3,300 sq. ft. for Indian Trail/ Stallings); The calculated average of all building footprint areas available in the GIS database for single-family parcels from both towns (= 2,100 sq. ft.); or The calculated average of all building footprint areas available in the GIS database for single-family parcels from both towns (= 2,100 sq. ft.); or The average of stated ERUs for other NC municipalities (= 2,600 sq. ft.). The average of stated ERUs for other NC municipalities (= 2,600 sq. ft.).

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Funding the Stormwater Utility Programs Detailed Fee Structure for Non-Residential Parcels: Detailed Fee Structure for Non-Residential Parcels: Actual impervious surface of each non-residential parcel will be measured using the GIS real property database. Actual impervious surface of each non-residential parcel will be measured using the GIS real property database. Digital aerial photographs will also be used as necessary to verify parcel information. Digital aerial photographs will also be used as necessary to verify parcel information.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Funding the Stormwater Utility Programs Average residential parcel = 1 ERU  3,300 sq. ft. of impervious area Example non-residential parcel = 17 ERUs  130,000 sq. ft. gross area  56,600 sq. ft. impervious area

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Funding the Stormwater Utility Programs Other North Carolina Stormwater Utility Fees: Other North Carolina Stormwater Utility Fees: Kannapolis: Kannapolis:  Tiered residential rate structure <1,210 sq. ft. of impervious area = $36.00 per year <1,210 sq. ft. of impervious area = $36.00 per year 1,210 – 3,140 sq. ft. of impervious area = $48.00 per year 1,210 – 3,140 sq. ft. of impervious area = $48.00 per year > 3,140 sq.ft. of impervious area = $60.00 per year > 3,140 sq.ft. of impervious area = $60.00 per year  Non-residential properties $ per year per ERU (ERU = 3,250 sq. ft.) $ per year per ERU (ERU = 3,250 sq. ft.) (Note: Example parcel would pay $816 per year for 17 ERUs)

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Funding the Stormwater Utility Programs Other North Carolina Stormwater Utility Fees: Other North Carolina Stormwater Utility Fees: Cornelius, Huntersville, Matthews, Mint Hill, Pineville and Mecklenburg County: Cornelius, Huntersville, Matthews, Mint Hill, Pineville and Mecklenburg County:  Tiered residential rate structure <2,000 sq. ft. of impervious area = $39.96 per year <2,000 sq. ft. of impervious area = $39.96 per year 2,000 sq. ft. of impervious area and greater = $48.36 per year 2,000 sq. ft. of impervious area and greater = $48.36 per year  Non-residential properties $ per year per acre of impervious area $ per year per acre of impervious area (Note: Example parcel would pay $ per year for 56,600 sq. ft. of impervious area.)

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Funding the Stormwater Utility Programs How will the Stormwater Utility Fee be billed in Indian Trail and Stallings? How will the Stormwater Utility Fee be billed in Indian Trail and Stallings? The Stormwater Utility Fee will appear on property tax bills that are mailed out in late summer. The Stormwater Utility Fee will appear on property tax bills that are mailed out in late summer. The Fee will appear the first time on bills mailed out in September/October The Fee will appear the first time on bills mailed out in September/October The Fee along with the property tax bills will be due in January The Fee along with the property tax bills will be due in January 2008.

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 Funding the Stormwater Utility Programs Can I dispute or reduce my Stormwater Utility Fee? Can I dispute or reduce my Stormwater Utility Fee? Rules for disputing Fee will be included in the Stormwater Utility Ordinance. Any property owner may dispute according to these rules. Rules for disputing Fee will be included in the Stormwater Utility Ordinance. Any property owner may dispute according to these rules. A credit system will be developed that will allow up to a 50% maximum credit for qualified, properly designed, installed and maintained water quality best management practices (BMPs). A credit system will be developed that will allow up to a 50% maximum credit for qualified, properly designed, installed and maintained water quality best management practices (BMPs).

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, Where Can I get More Information? Stormwater Utility Fact Sheet: Stormwater Utility Fact Sheet: Indian Trail Town Hall Indian Trail Town Hall Stallings Town Hall Stallings Town Hall Town websites Town websites Additional Information: Additional Information: Town of Indian Trail: Town of Indian Trail: Town of Stallings: Town of Stallings: NC Department of Environment and Natural Resources (NCDENR): NC Department of Environment and Natural Resources (NCDENR):

Stormwater Utility Program Development, Indian Trail and Stallings, NCJune 11-12, 2007 QUESTIONS?