1. Pennsylvania Lake Erie Environmental Forum Meeting September 19, 2016
presented by
Timothy S. Wachter, Esq.
Knox McLaughlin Gornall & Sennett, P.C.

2. Act 68 of 2013

3. Act 68 of 2013
53 Pa.C.S. §5607(a)(18)

4. Act 123 of 2014
53 Pa.C.S. §5607(d)(34)

5. Stormwater Authorities
Stormwater projects previously managed through
Municipal departments (funded through General Fund)
Flood control projects 53 Pa.C.S. §5607(a)(3)
Sanitary Sewers (CSO’s) 53 Pa.C.S. §5607(a)(4), (5)
Amendments provide specific power for Authorities to Plan, Manage and Implement Stormwater plans and projects
Concern is that while municipal codes permit the management of stormwater by municipalities, no fee authorizations exist.
Exception is Home Rule and Optional Plan Communities
Amendments – for the first time – provide for a rate methodology

6. Rates Reasonable and Uniform
Based in whole or in part on property characteristics
May include installation and maintenance of best management practices approved and inspected by the authority

7. Rates Stormwater Fees Reasonable and Uniform
Equivalent Residential Unit (ERU)
Average about $8/month
Commercial Unit Fees
Based in Whole or in Part on Property Characteristics
Percentage of total impervious surface
Flyover data
Best Management Practices
Credits

8. Stormwater Authorities
Operating
Finance/Operate/Maintain
Financing/Leaseback
Finance construction of projects and lease back to municipality to meet debt service
Debt Service availability

9. Decision Steps Determine Goals of Municipality
(storm water management; flood control; MS4 compliance; CSO remediation; retention/detention ponds maintenance; etc.)
Inventory Stormwater facilities
Identify Stormwater needs
Price it out; Appropriate funds
Sell it to the Community

10. Sell it to the Community
Identify and involve Community Stakeholders
Study methods to meet Stormwater needs and identify costs and payment options; i.e. raise millage vs. Stormwater fees
Stormwater fees are often seen as being most fair, directly proportional to a landowners property
Determine whether to offer “credits” as part of Best Management Practices

11. Sell it to the Community
Water Words that Work, LLC Engaged by the Foundation for Pennsylvania Watersheds to identify best practices to “sell” a stormwater authority to your municipality

16. Sell it to the Community
Maryland Case Study
Poor Sales Job
Bad Political Timing

18. Sell it to the Community
Hire professionals to help analyze the issue and build the case.
Involve stake holders in the identification of the problem, the creation of the solution and the sales job to the public.
Transparent and open public conversation about the financial and environmental impacts of stormwater and the benefits of the adopted approach.

19. Decision Steps, continued
6. Hold public hearings and meetings 7. Adopt Ordinance to form appropriate Authority and authorize fee methodology

20. Thank You! Timothy S. Wachter, Esq.
Knox McLaughlin Gornall & Sennett, P.C.
120 West 10th Street
Erie, PA 16505

21. Disclaimer
These materials should not be considered as, or as a substitute for, legal advice and they are not intended nor do they create an attorney-client relationship. Because the materials included here are general, they may not apply to your individual legal or factual circumstances. You should not take (or refrain from taking) any action based on the information you obtain from these materials without first obtaining professional counsel. The views expressed do not necessarily reflect those of the firm, its lawyers, or clients.