Stormwater Fee Guidance

Background

The Clean Water Act (CWA), passed in 1972, sought to create safe, fishable and swimable waterways by implementing programs that require water quality improvements. These programs require treatment for municipal water and industrial wastewater. This includes permitting requirements for discharges from point sources into navigable waters and gives the Environmental Protection Agency (EPA) the authority to create programs that control sewage and other pollutants.

 

Water Quality Act (WQA) & National Pollutant Discharge Elimination System’s (NPDES) stormwater program

Stormwater was not explicitly addressed by the CWA in 1972. While some municipal storm sewers and industrial systems discharged their stormwater through point sources, stormwater was largely left unregulated until the passing of The Water Quality Act (WQA) of 1987. The WQA mandates the implementation of a national program that addresses stormwater runoff by permitting discharges from municipal separate storm sewer systems (MS4s). This is known as the National Pollutant Discharge Elimination System’s (NPDES) stormwater program. Phase I regulated large and medium MS4s. Large MS4s are systems that served more than 250,000 people. Medium MS4s were systems that served
populations between 100,000 and 249,999. Phase I also included the regulation of industrial stormwater operations. In 1999, Phase II was implemented and small MS4s (<100,000 but >10,000), those within metropolitan areas and those designated by permitting agencies, began to be regulated and permitted by the NPDES permit program.


MS4s are required to create, implement and enforce a stormwater management plan (SWMP). A SWMP is used to describe how the MS4 will reduce pollutants from its sewer system. For Phase II Small MS4s, the SWMP also addresses the six minimum control measures (MCMs). MCMs cover:

  1. Public education and outreach
  2. Public participation
  3. Illicit discharge detection and elimination
  4. Management of construction site runoff
  5. Management of post construction site runoff
  6. Good housekeeping in municipal operations1

Funding Municipal Stormwater Systems (MS4s)

The increased regulations put into place by the WQA and the NPDES permitting program did not ensure a source of funding for the necessary improvements to municipalities’ stormwater system. The completion of the regulatory requirements and the associated costs are left to local governments. The increased regulatory requirements coupled with declining and aging infrastructure led to a need for consistent funding sources.


In the United States, money for stormwater management typically comes from a municipality’s general fund. This is a government fund that is not allotted for a special purpose and is traditionally made up from property tax revenues. The issue with stormwater funding from the general fund is that it can compete with other services that the municipality funds, such as police, fire or other emergency response services. Due to this competition, stormwater initiatives usually receive low priority, and funding can be unstable or inadequate. To combat this issue, municipalities can implement sustainable stormwater programs that rely on other funding mechanisms, such as: special assessments, development fees, impact fees, permits and inspection fees. One of the most effective ways to fund a stormwater program is through the use of stormwater fees. Revenues from stormwater fees are specifically dedicated to stormwater management operations and/or capital infrastructure.

For more info on stormwater fees and guidance, contact John Colclazier, john.colclazier@wichita.edu.