Stormwater Management - Watershed Protection and Restoration Program

1. Stormwater Management - Watershed Protection and Restoration Program Councilman Chris Everich Or more accurately - "The Rain Tax"

2. Acknowledgements • Research and Guidance from • Our Carroll County Commissioner Richard Rothschild • Vice President Frederick County Commissioner C. Paul Smith • Mayor Patrick Rockinberg • Monika Weierbach - Town Administrator • Chairman Dick Swanson - Water and Sewer Commission

3. Introduction • Purpose • This is a brief introduction on what we currently understand • Perhaps more importantly what we do NOT understand and what we are TRYING to understand • Intent • Understand the Community & Council's opinion • Then based upon this partial information… • How do we proceed?

4. Disclaimer • Final responsibility for content is Councilman Everich • Opinions and suggested actions are not necessarily supported by the contributors to this briefing • I believe in preserving the environment and the bay • I believe we can't afford yet another unfunded mandate forced upon us by the Governor and the Maryland State Legislature • Those who strongly support this issue must come forward with a realistic fiscal plan to pay for this program in light of the demands for basic services in a weak economy

5. What? • House Bill 987 signed into Law in April 2012 • Establishes a system of stormwater remediation fees & a local water shed protection and restoration fund • Must be implemented by counties & municipalities that are subject to National Pollutant Discharge Elimination System • Known as the NPDES, required by Clean Water Act of Federal Code • More gobbledegook • 'MS4' is the Municipal Separate Storm Sewer System • 'Phase I' MS4 covers unincorporated areas of county • 'Phase II' MS4 covers incorporatedareas of county (Mt. Airy)

6. Who is Subject? • Anne Arundel • Baltimore City • Baltimore County • Carroll County • Charles County • Frederick County • Harford County • Howard County • Montgomery County • Prince George’s County

7. When? • Mt Airy helps fund Carroll County for all NPDES needs • Our partnership allows for NPDES to be more effective • Includes the Frederick County parts of Mt. Airy • House Bill 987 says municipalities are not required to assess a stormwater remediation fee • However, Carroll County's Stormwater Fee Advisory Group expects the new permit requirements for MS4 to force mitigation of existing impervious surfaces - we will get hit!

8. When? • Draft/tentative Phase II permit is not yet issued • MDE is required to notify all NPDES Phase II permit holders when the next generation “draft” or tentative “General Municipal/Phase II ” permit is published • Potential Schedule - (MDE has missed all dates so far) • January 1, 2013 – NPDES Phase II MS4 Draft Issued • February 15, 2013 – 45 day Public Hearing & Comments • March/April – Possible revisions and Final Determination (New Permit Issued) • May / June – Notice of Intent (Application) required to be filed by Town • June/July – MDE issues new permit to Phase II applicants

10. What Could this Cost You? • The total estimated cost for the Town of Mount Airy is greater than $2,910,588over a six-year period • Estimate is from a preliminary Carroll County Study completed in June of 2013 • Greater, since we do not have an estimate from Frederick County for that portion of Mount Airy • That's at least $485,098 Average Annual Cost per year for six years • Remember it will be significantly more once we include Fredrick County

11. What Could this Cost You? • Assume we use a flat rate tax per connection • 3,204 Residential + 308 Commercial = 3,512 Total • $2,910,588 / 3,512 = at least $829 per connection • Need to add in the Frederick County costs • This equates to at least $138.00 per year, per connection for six years • Oh, don't forget to add in that yearly flush tax of $60

12. What Could this Cost You? • Let's assume Frederick County portion at $2,ooo,ooo • Remember, we don't hard any hard numbers yet • $4,900,000 / 3,512 ~ $1400 per connection • Using Kentucky windage for Frederick County costs • This equates to at least $233 per year, per connection for six years • And don't forget to add in that yearly flush tax of $60

13. Next Steps • Mayor Rockinberg, Councilman Everich, Administrator Weierbach have been meeting with Commissioners, staff, and local municipalities • Based solely on the costs to implement, a very strong movement is starting to avoid implementation • Suggestion to Council • We join with the Carroll and Frederick County and it's municipalities to fight this unreasonable fiscal burden • Or, the Council starts the process to implement this unreasonable, unrealistic & unaffordable tax

14. Discussion

15. Watershed Protection and Restoration Program – what does it pay for? • The WPRF pays for stormwater management, and stream and wetland restoration projects to improve water quality and reduce phosphorus and nitrogen levels entering the Chesapeake Bay and its tributaries. • The WPRF may be used for public outreach and education relating to stormwater management and wetland restoration. • The WPRF may be used to pay for the operation and maintenance of existing stormwater management programs and facilities, and for local stormwater management planning activities. • The WPRF provides funding for local stormwater management planning including: mapping, and assessment of impervious surfaces, inspection and enforcement to carry out the program, review stormwater management plans and permit applications for new developments.

16. Estimate Cost Breakdown • Operations and Maintenance = $ 336,357 • Public Education and Outreach = $55,107 • Planning and Mapping = $292,787 • Monitoring, Inspections and Enforcement = $88,151 • Administration = $46,000 • Total Cost for FY 13-18 = $2,910,588 • Average Annual Cost = $485,098 • Average Annual Capital Cost = $348,698 • Source: Draft Carroll County Study completed in June 2013