Loading...
HomeMy WebLinkAboutAgenda Council Agenda 032599 WorkshopAll those wishing to address the City Council need to complete the necessary form (supply located in back of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order. CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP MARCH 25, 1999 7:30 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL: Mayor Russo, Vice Mayor Furtado, Council. WWI Jablin, Councilman Clark, Councilman Sabatello III. PRESENTATIONS 1. Stormwater Utility Program, Len Lindahl, City Engineer IV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact James Waldron, Jr., no later than 5 days prior to the proceeding at telephone number (561) 775 -8255 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. I • 1 11 L1 • lit - fu g�INx.ra d Now w MA m� d Qq ' my arc IN jr SA < 19 i AS ktg *' bj ! a i y toyer ft t 1 Maw " '.aT } t ,• �. :f oil r' s a c r a cJ all ' ' a k NBC bjp ,dFra nee rip MIS J' 411", 3 k- d k � lot a $� } jay yq, sit " f# FAN �l 1 Why are we considerin { Stormwater Utility? • Improved Flood Control • Replacement and Renewal of Infrastructure • Water Quality Issues — NPDES — Lake Worth Lagoon — SFWMD • Enhanced Operation & Maintenance 1 1 Discussion Agenda The Big Ficturelstrategies - T- ..d.&- .4wA%..g�vroo.r.-0an+t0s. - Th.Rd.a R— .Wab*.m Affi� Overview of ame.- - Fundamental Th." !ate„ _ - Ca— #.FU..rawU.1Th-Y f - 8m g'pip Ud - R. w A, .vM aft op� Basic Mechanics of to Structure - ge.BU;yurt - i - Rr.CO- mtg C - opw.&— HCq*-F Cyrhr esno.e.r..wC.ssb Z Oa.a..ax Why are we considerin { Stormwater Utility? • Improved Flood Control • Replacement and Renewal of Infrastructure • Water Quality Issues — NPDES — Lake Worth Lagoon — SFWMD • Enhanced Operation & Maintenance 1 1 Step by Step to i a Funding Solution 1. Define Stormwater Management Program - Services - Capital Z. Define Governance Structure 3. Establish Financial Strategy 4. Establish Rate Structure 5. Gather Data 6. Set up Billing System 7. Develop Legal Documents 8. Execute Public Info Program 9. Adopt rates ayr........•r......r.erew a ee,owu.- STORMWATER UTILITY FACTS • APPROXIMATELY 350 SWM UTILITIES IN PLACE IN US; 95 IN FLORIDA • FIRST IMPLEMENTED IN THE EARLY 70'S • POPULATION SERVED RANGE FROM 4,000 TO OVER 1,000,000 • EPA NPDES PROVIDED SIGNIFICANT MOMENTUM ayr r.a s�wo.a...ersea..w 5 ee.smw•w 2 2 Private vs Public Burden "What are our levels of service' to be ?" 1. Operations and Maintenance 'Clean all stormwater management facilities (e.g. pipes, inlets, DRAB) every 6 weeks instead of twice per growing season' 'Return existing system to original design performance 'All DRAB will be mowed every 21 days between May and Nov.' 2 Capital 'No flooding of any building pad up though a t 00yd3 day storm ever' 'No arterial road will be overtopped at its crown by any storm up to a 25 year/24 hour event' epalne ere0eew. -e.Ye Cenny4 9 eefAN0Y1 3 3 Ehinben •NeighWhwd and cdlod ebeets ehodd be peaeatle far the 10 and 7Syeer storm flood, reepadively. Icgar.r aseoese.- ereesye INI R ,i t ` Toward a Stormwater Management Program ©�REGULATORY�COMPONENT k � CITYlCOUNTYREGUt�:ATIONS�� �NPDES PERMIT CONDITIONS/ REGULATIONS Result: Stormwater Management Strategic Program 4 Where are we going? 4 What are the exact steps necessary to get there from right here? + How will we know when we get there? eer..euaoeeee -an c.ea. 12 eeaeaa.a 4 4 1 Example: Proposed Stormwater Program Staffing t�l 14 aamww Stormwater Management Summary 4 -Year Program Budget cgrrr....o.e.....,om.,n 15 aamwa�N 5 5 1 E� Example: Financial Strategy • Service assessment of approx $20.00 /yr — $250 K "Extraordinary Maintenance" — $ 50 K Basin Planning — $ 35 K NPDES Monitoring • Capital assessments in selected areas only in first year • Borrow against future assessment Warr e�.e o.a.. •src..em 16 eoewna• What is a Stormwater Utility? D G �a 1 ' Why Have a Stormwater Utility? 1. PROGRAM /MANAGEMENT FOCUS Clear focus for resolving stormwater Issues & problems 2. EQUITY User pays based on stormwater contribution from Property Bottom line: Funding source Is recurrent and substantial pysvr. sell o.w� - ereeanyb 19 Fundamentals of Methodology ✓ Must be built around fundamental nature of utilities, especially user - charge concept. ✓ Must determine what services will be delivered and what a "unit of service" is. • Must determine exactly who is the client. • Must be designed within legal context. • Must be built around "collections engine." w >...e..o-.......a.,� m 7 7 IN 1 1 ,\ l Fundamental Characteristics of "Utilities" M "User Cost" Concept ASSESSMENTS TAXES � �USERFEES � !' RE LKOONi4 EA,, ILfWA30NA 6 APPORTIONMENT°;:; ap.wr we+.naw.i.•wee..su 24 easoraw M Collection Options Legal options to collect delinquencies substantially affects billing strategy, and, consequently, the rate structure itself. vas Managing the "Burden of Runoff' A parcel (customer) receives service through the management of the stormwater passed from the parcel to the City's stormwater system. i r 27 eo.owow a Service Area Definition "Rubber Ducky" test Technique: Apportion stormwater costs only to those parcels which are hydrologically connected to the jurisdiction's stormwater system. ew "IN OR OUT" QUESTIONS • DOES THIS PARCEL RECEIVE BENEFIT FROM THE CITY'S CURRENT STORMWATER MANAGEMENT PROGRAM? WILL IT RECEIVE BENEFIT FROM THE PROPOSED PROGRAM WITHIN THE REASONABLE FUTURE? >....�o........... � e �, ....�«�....r. 30 10 10 cgr�.r erna"r.- sr.eea.e 31 ewmxew Parcel Apportionment How to determine each parcel's "fair share" ayrvr e..n e.a.e- e.ec.ew 33 eea"w"ev 11 11 br , I Capital Costs & Basins Issue is benefit - does a "rational nexus" or "special benefit" exist to a parcel in one basin ` for improvements in another? Conservative Solution - bill only those parcels hydrologically related to the capital project Counter - argument - sewer and water utilities bill across gravity basins for improvements ayrwr r+ew.".re.,eex. 31 ee.aee.e Parcel Apportionment How to determine each parcel's "fair share" ayrvr e..n e.a.e- e.ec.ew 33 eea"w"ev 11 11 STANDARD BILLING UNITS (Equivalent stormwater Units - "ESUs" Customer pays based on number of "standard" households STORE, W 21A 31's households cgw.+e�noo.w. •sre..w N eaaowwn What Del Impervious Arec Soil Group Vegetative Cow Antecedent Moi Connectivity (% Topography 75 aomwoaw Runoff Generated by Statistical Median Single Family Residential Lot 12 12 1 cw.,...rs- .- srsCecr> 37 eeeewe.. Exemptions Cq.ay.r sera a.ran. -era 39 eaaowaex 13 13 X,�x Need for Credits and Adjustments r YBut m arcel subdivision) does not drain P to a City system, why should I have to pay ?" "We have our own private stormwater system which cost a lot of money to build; will we have to pay ?" "My building is in the middle of 10 acres; little if any runoff reaches a City system. Why should I pay?" a,......�......� �,. u e 14 14 Setting the Rate 1. "Budget Needs" Approach 2. 1 M e 15 15 �V 0 nformation Program x Citizen Review Committee? * Technical Review committee? v Identify support base Execute broadly focused Info program ✓ Newspaper supplement ✓ Video tape ✓ "Rubber chicken" circuit / Town Hall meetings / Talk shows ✓ Brochures / mailers / handouts q.arw srnoea..- sreceew 47 eawuw 16 16 Obstacles o ARE THE STORMWATER PROBLEMS REAL? �a • IS SOLVING THEM IMPORTANT TO T COMMUNITY? o IS THE SOLUTION LEGALLY SOUND • IS IT PERCEIVED AS FAIR? • IS IT AFFORDABLE? ew.....ae.....�. 46 �V 0 nformation Program x Citizen Review Committee? * Technical Review committee? v Identify support base Execute broadly focused Info program ✓ Newspaper supplement ✓ Video tape ✓ "Rubber chicken" circuit / Town Hall meetings / Talk shows ✓ Brochures / mailers / handouts q.arw srnoea..- sreceew 47 eawuw 16 16 ge 5 Why Establish A Stormwater Utility?. Chapter 1 Why Establi A Storm'water UI by: Stephen R. Lienhart, I Southeast /Caribbean Region Water F DAMES & MOORE One North Dale Marry Highw; Tampa, FL 33609 (813) 875 -1115 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 CHAPTER 1 WHY ESTABLISH A STORMWATER UTILITY? EXECUTIVE SUMMARY Chapter 1 introduces the issue of why Florida communities have developed stormwater utilities through an extensive review of the types of stormwater and water supply problems faced by Florida communities, a brief overview of what a stormwater utility is, and an introduction of the different issues involved in developing and implementing a stormwater utility. This chapter discusses the following topics: Stormwater Management Problems in Florida • What is a Stormwater Utility? Benefits of a Stormwater Utility m Stormwater Management Opportunities m Stormwater Utility Operations m Financial Considerations and Institutional Issues State and Federal Legislation and Requirements Planning Requirements for Successful Utilities Expanded discussions of the key issues that a community will need to wrestle with are found in subsequent chapters of this manual. 1.1 STORMWATER MANAGEMENT PROBLEMS IN FLORIDA Florida is both blessed and cursed with abundant rainfall during most years. Abundant rainfall provides natural irrigation for urban lawns and agricultural activities, replenishes ponds and lakes, maintains flows in creeks and streams, provides essential hydro -period fluctuations in our wetland systems and is essential to the recharge of our regional aquifer systems. However, this same stormwater is a curse because frequent small storms cause pollutants from cars, fertilizers, pesticides and herbicides to enter waterways, and high rainfall intensities and/or large storm event volumes combined with under - designed or poorly maintained drainage systems produce flooding and severe erosion. It is this duality that creates stormwater management challenges for Florida communities. Stormwater problems, unlike water and wastewater concerns, are not steady state operations with flows that are directly related to the community's population. Due to the vagaries of weather, stormwater, stormwater flows are not readily predictable on a daily or monthly basis. If a reporter were to ask any stormwater manager in Florida to name the community's stormwater Chapter 1 Why Establish a Stormwater Utility? Page 1 -1 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 management problems it is likely that the list would include flooding, stormwater quality, aesthetics, ecological impacts, increasing Federal and State regulatory pressures and inconsistent funding. This is the litany of stormwater challenges that each community has faced or is currently trying to cope with in order to satisfy citizen expectations. These basic community challenges, recast in operational terms, include the following seven problem areas: • Physical System Capacity • Facilities Maintenance • Regulatory Programs ' Water Quality • System Monitoring and Planning • Funding Problems ' Community Perceptions Each of these concerns is discussed qualitatively in greater detail in the next seven subsections. 1.1.1 Physical System Capacity Flooding and other drainage problems pose potential impacts for public systems as well as private property, most notably the community's road network and water supply and to some extent the wastewater facilities. Road bases and surfaces are damaged by flooding and saturation. The local water supply is dependent on groundwater recharge, and drainage systems, which facilitate runoff, tend to reduce aquifer recharge. The sanitary sewer system may suffer increased inflow and infiltration during extended periods of high groundwater and surface flooding, overloading the sewers, sewage pump stations, and treatment plants, especially the smaller package plants. Flooding problems are the most immediate indicators of capacity problems in any stormwater management system. The extent and duration of these flooding problems define the severity of the system capacity. inadequacies. Communities in Florida have historically experienced flooding problems throughout their community service areas, which are frequently recorded in operational maps as flooding incidences. Recorded flooding locations are frequently just the tip of the iceberg because many flooding occurrences generally go unreported. Florida has experienced periods of explosive development, which have tended to create new stormwater problems and exacerbate existing problems. Development of open lands causes increases in runoff volume and rate, reduction in stream baseflow, and increases in pollutant loads on both annual and event bases. Development frequently causes localized flooding when under - designed conveyance systems are subjected to increased runoff volumes and peak flow Chapter 1 Why Establish a Stormwater Utility? Page 1 -2 Florida Association of Stormwater Utilities y' ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 rates. Water quality degradation occurs in many communities when the untreated or undertreated stormwater flows enter receiving waters and exceed their assimilative capacities. The capacity and construction of many of the older storm sewer systems, ditches and drainage canals is minimal or substandard because less stringent design standards were in use throughout Florida prior to the mid- 1970s. These capacity limitations are further aggravated when infill and redevelopment occur in older neighborhoods. Minor deficiencies become dramatically more important and visible during storms, when increased runoff due to upstream development severely overtaxes facilities whose limitations are of little significance during the dry non -storm periods. A community must consider the potential consequences of allowing such system deficiencies to continue as they formulate policy positions regarding the potential costs and benefits of increasing their scope of operational responsibilities and refine their current growth management strategy. In many parts of Florida physical drainage problems are caused by a combination of very intense precipitation falling on large expansions of flat terrain during periods, of high groundwater. When relatively severe rainfalls occur following extended dry periods they frequently produce little flooding because groundwater levels were low. Conversely, after prolonged periods of rainfall, less intense storms frequently produce flooding due to elevated water table conditions, which preclude rainfall infiltration in the soil. 1.1.2 Facilities Maintenance Stormwater management facilities, whether conveyance or treatment facilities, must be properly maintained in order to operate as designed. Unfortunately, most communities in Florida cannot keep pace with the maintenance demands, which reduce the operational capacity of their stormwater systems. Although many of the chronic drainage problems are a function of basic design limitations, routine maintenance deficiencies are evident in the condition of the drainage systems and the problems, which occur in many communities. - Local drainage problems resulting from a lack of maintenance exist in some areas even during moderate rainfalls. The facilities maintenance. problem 'is long- standing and can be categorized into nine general classes of problems. Inadequate Routine Maintenance Routine maintenance is generally defined as those activities that are accomplished on a continual basis within the annual work program and these activities can be categorized as proactive and reactive activities. Proactive work tasks, such as inlet cleaning and ditch mowing, are scheduled and form the basis of the routine work program of the community. Reactive work tasks, such as removing conduit obstructions, are generally necessitated by storm events, inadequate proactive Chapter I Why Establish a Stormwater Utility? Page 1 -3 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 maintenance and citizen complaints. Insufficient routine maintenance has been repeatedly shown to contribute to major and nuisance flooding problems which crop up during the wet season and, in less obvious ways, to water quality degradation, ecological impacts, and loss of natural aesthetics within the community. The ability of many Florida communities to routinely maintain their stormwater management systems at levels that prevent problems is hampered by limited funding and insufficient staffing. In many cases the need for aquatic plant control and remedial maintenance of major structures to prevent outright failure currently takes precedence over routine maintenance activities. Deferred Maintenance Routine maintenance needs have grown steadily since the mid -1970s due to changing regulations, population growth and changing citizen tolerance of minor and nuisance flooding. Maintenance focus has expanded to include yard and roadway swales, local collection and treatment/attenuation facilities, . and detention/retention ponds. Unfortunately, maintenance budgets have not been able to keep pace with this growth and stormwater managers have had to reduce and/or eliminate certain maintenance activities in order to balance their annual budgets. Euphemistically referred to as "deferred maintenance," this strategy becomes a slippery slope in many communities that rapidly leads to degraded performance of the stormwater conveyance and treatment facilities. An insidious aspect of the deferred maintenance strategy, when routine maintenance is deferred for too long a period, is that the facility degrades to the point where it frequently can not be restored to its design capacity through maintenance efforts. The community is then forced to spend substantially more money to undertake a capital improvement project for facility rehabilitation/renovation. The resulting performance degradation increases the incidence of minor and nuisance flooding events for typical storms and can dramatically increase the extent and duration of major flooding for larger storm events and hurricanes. As development continues, the likelihood that routine maintenance will be increased enough to stem these problems is relatively low. This results in an increasing level of deferred maintenance and further aggravation of existing stormwater problems within the community. Delegated Maintenance Delegation of maintenance responsibilities for certain types of stormwater facilities is another approach that has been adopted by many Florida communities to cope with inadequate funding for routine maintenance. The maintenance of many minor swales, ditches, and detention/retention ponds is left to homeowner and condominium associations, and private property owners who are poorly equipped in terms of knowledge, skills, and equipment to properly do such work. Field investigations in Florida indicate that these groups are poorly organized, marginally motivated, and often fail to properly maintain on -site stormwater Chapter I Why Establish a Stormwater Utility? Page 1 -4 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 management facilities except where visual impacts or aesthetics are important to the homeowners or condominium residents. Private maintenance of drainage systems, which serve more than a few properties, even small ditches and swales, has not been very effective. Most of the secondary and neighborhood drainage systems that have been delegated to homeowners' associations and similar groups for maintenance are simply conveyance systems offering a relatively low level of service and are not designed to attenuate or control peak flows or reduce pollutant discharge into receiving waters. At the local level the failure to maintain the facilities results in frequent nuis ance flooding, short-term traffic blockages, and rerouting of emergency services. However, continuing lack of maintenance in these sections creates both upstream and downstream problems during storms, when brush and other debris may lodge at inlets or against control weirs and other obstructions in the channels. These local maintenance deficiencies /failures are likely to continue to increase each year and tend to be cumulative over time. Remedial Maintenance Remedial maintenance requirements are generally defined as the. repair and reconstruction activities, which are required to forestall or correct failures. Remedial maintenance includes corrective repairs, replacement, and reconstruction of sections or components of inadequate and deteriorating stormwater management systems, short of total replacement of a system. Routine maintenance done at less than a preventive level contributes to accelerated aging /deterioration of physical facilities and increases the level of remedial maintenance required to keep the stormwater management facilities operational. Both the efficiency and effectiveness of normal operations and the life of the physical systems are compromised when drainage facilities age prematurely due to a lack of preventive routine maintenance Deficiencies in remedial maintenance are fostered by funding and staffing constraints. Structural systems are rarely replaced or rebuilt prior to at least a partial failure, vandalism, and/or obsolescence. Sections of minor secondary swales and ditches that do not receive regular routine maintenance will eventually deteriorate to the point that they will require reconstruction to re- establish a channel profile and flow capacity rather than just routine cleaning. Over the long term, failure to maintain systems will lead to the need for extensive remedial action, not only on those specific facilities, but in other areas as well. Design Precludes Maintenance Standards of design for stormwater management facilities have evolved over the years to include provisions for access that facilitate periodic maintenance activities. However, many segments of drainage systems, especially detention/retention ponds, ditches, smaller canals and swales, are physically inaccessible for proper maintenance. Many of the smaller drainage systems are not effectively maintained because extensive portions are on private property where easements and Chapter 1 Why Establish a Stormwater Utility? Page 1 -5 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 rights -of -entry are lacking. Generally speaking, only the larger, primary conveyances in most community drainage systems were designed for periodic maintenance. Inadequate System Information Many communities do not have accurate mapping of their stormwater management systems and facilities, or complete and accurate inventories of the public and private drainage systems, their operational condition, and associated easements and rights -of -way. Without such information, it is practically impossible to develop, carry out, and refine a maintenance program capable of preventing rather than reacting to stormwater drainage problems. Inadequate Inspection of Facilities Another problem in many communities is the lack of inspection or an inadequate inspection program for stormwater facilities. Periodic inspection of facilities identifies problems and provides valuable information regarding the adequacy of maintenance activities. Communities with no inspection program are forced to rely on citizen complaints as a primary source of information regarding the condition of their facilities. The inherent problem with citizen complaints. is that most citizens simply do not complain and the information derived from complaints is incomplete, inaccurate and generally unreliable. Insufficient Maintenance Management Systems Cost effective maintenance of stormwater management systems and facilities . requires a management approach that schedules weekly work activities based on seasonal conditions, adopted systemwide maintenance frequencies, availability of specialized manpower and n equipment and other similar concerns. Many Florida communities have not had the funds available to analyze their work activities, to evaluate alternate means and methods of work, to develop focused management programs, or to implement performance monitoring systems that are necessary to optimize their dedicated operating budgets. Inadequate Resources All of the preceding problems are related to the capital and operating funding that is allocated to stormwater management activities. If the community intends to effectively operate and improve its stormwater systems, it must assemble the resources to do so. In addition to a need for more operating staff and system improvements, a community should expect to acquire costly equipment to replace /supplement existing units, to maintain existing facilities in proper condition, and to acquire land ownership and/or rights -of- access to facilitate both capital improvements and routine maintenance. Chapter I Why Establish a Stormwater Utility? Page 1 -6 a Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 1.1.3 Regulatory Programs Stormwater discharges of Florida communities are regulated by local regional /State and Federal agencies which are charged with a widely varied set of program goals and mandates. Each year brings higher standards and expectations from the environmentally active public and the regulatory agencies. Federal Programs The Federal government's influence on a community's stormwater program has, until the last 10 years, been relatively small and limited to interaction with the Federal Emergency Management Agency (FEMA) with its focus on regulating of development in the 100 -year floodplain and issuing of flood insurance through the Federal Insurance Program. FEMA programs tend'to be a voluntary participation process that indirectly impacts a community , through the rates that the citizens pay for their individual flood insurance policies. The role of the Federal government has become more pronounced in Florida since the emergence of the Environmental Protection Agency's (EPA) Stormwater NPDES Permitting Program. Starting in 1990, EPA required many Florida counties and cities to secure Municipal Separate Storm Sewer System (MS4) Permits for their stormwater discharges to waters of the United States. The MS4 Permit focuses on the reduction of pollutant loads discharged from stormwater outfalls, and overall improvement of ambient water quality through the development of an integrated process for prevention, reduction and mitigation of pollutant discharges by citizens and governmental functions, and the education of citizens and governmental employees in the areas of stormwater management and pollution abatement. EPA's Stormwater NPDES Permitting Program is not a voluntary process -- it is mandated for designated communities -- and EPA has administrative, civil and criminal penalties for failure to apply for required permits and failure to properly implement issued permits. EPA's program directly impacts a community through the incremental costs associated with new employees for new /enhanced stormwater management programs and additional capital investments required for the modification/construction of stormwater facilities. Many smaller Florida communities were excluded in Phase 1 of the Stormwater NPDES Permitting Program due to their population. However, the Phase 2 program currently being promulgated by EPA will include most of these communities. Even though the Phase 2 regulations require less effort to develop the MS4 Permit application, Florida's smaller communities will still need to be prepared to expand their stormwater management program and staffing to respond to EPA's enhanced regulatory emphasis on water quality. Parallel with the development of the Phase 2 program for smaller communities is the NPDES delegation process in which EPA is delegating the operation of the entire NPDES program to the Florida Department of Environmental Protection (FDEP). The delegation process is proceeding Chapter 1 Why Establish a Stormwater Utility? Page 1 -7 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 on a five -year schedule with the delegation of the stormwater components is scheduled for the Year 2000. Coincidentally, this delegation will be completed at the onset of the renewal cycle for the initial MS4 Permits. Comments made by FDEP staff suggest that the form, direction and content of the new MS4 Permits reissued by FDEP may be significantly different than the initial MS4 Permits issued by EPA in the area of unregulated discharge of pollutant loads to receiving waters. State/Regional Programs The continuing degradation of receiving waters throughout Florida has caused great concern with both Regional `and State agencies. Freshwater inflows, sedimentation, nutrient loading, biotic uptake and release of contaminates and some commercial and recreational activities have impacted the water and sediment quality, and delicate aquatic /estuarine /marine and terrestrial habitats of these receiving waters. Consequently, protection and renovation of these receiving waters, and their natural resources and habitats, has become a joint effort among federal, state, regional and local agencies. One of the easily identifiable sources of pollutants is stormwater runoff from adjacent cities. The attention of the Water Management Districts' Surface Water Improvement and Management (SWIM) programs has focused on the stormwater outfalls and regulatory measures designed to reduce the community's discharge of pollutants to receiving waters are becoming a daily effort for stormwater management programs of Florida's communities. Other sources of new regulations include the work of the National Estuary Programs, FDEP's statewide water quality assessment programs, the minimum flows programs of the Water Management Districts, and similar types of regional and area wide water quality management plans. These efforts are producing estimates of Total Maximum Daily Loads (TMDLs) and developing Pollutant Load Reduction Goals (PLRGs) which are finding their way into Federal, State and local .permits. Local Programs Development patterns in Florida are such that most communities either discharge to or receive discharges from one or more adjacent communities. Standards for the design and regulation of stormwater systems are different between these communities, and changes in the existing runoff patterns due to development must be negotiated between the communities. Fortunately, many interconnected communities have developed working relationships due to a common lack of adequate funding and the need to work together .to solve local problems. In other communities in Florida, where some local agencies have had appreciably more funding than other agencies cooperation and communication have been much more difficult due to the ability for one agency to proceed on its own. Chapter Why Establish a Stormwater Utility? Page 1 -8 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 New stormwater management requirements and regulations are generated at the local level through community level planning activities and citizen mandates. Florida's Department of Community Affairs requires communities to develop, implement and update a Comprehensive Plan that includes an element specifically focusing on stormwater management. Many Florida communities have also developed new, more stringent requirements for stormwater management and maintenance based upon citizen initiatives originating from localized flooding, degradation of water quality and environmental impacts. It is evident that the increasing mandates of EPA, FDEP and the Water Management Districts, when combined with local citizen mandates for improved flood 'control and water quality management, will directly impact the engineering, operational and regulatory functions and related capital improvement investments of Florida's communities in a manner that was undreamed of a decade ago. 1.1.4 Water Quality Physical drainage problems are merely one aspect of the stormwater management challenge faced by Florida's communities. Increasingly complex water quality management and water supply demands add new and rapidly changing dimensions to what has primarily been a - relatively straight forward matter of controlling runoff rates and volumes for flood management objectives in past years. Water quality impacts like water pollution in the lakes, streams and estuaries caused primarily by increasing stormwater discharges are less visible problems but are. currently becoming important considerations in annual decisions on staffing and capital investments of a community's stormwater management activities. Pollutants in Stormwater Water pollution is a significant drainage problem that must be carefully evaluated in Florida communities. Drainage systems create other physical problems, which are not yet widely recognized, such as water pollution in the canals and in receiving waters. Stormwater from urban areas not only carries pollutants directly into the drainage ditches and canals, it also transfers them downstream toward the fragile estuaries, wetlands and streams. Severe and regionally significant water pollution incidents can occur if hazardous, toxic, or exotic chemicals or materials were spilled or dumped into storm drains, swales, or channels which discharge into a drainage system or canal. A major spill is not required to create a serious water pollution problem. Even runoff from residential properties may carry with it a portion of the pesticides, herbicides and fertilizers applied by homeowners, oil and antifreeze improperly disposed of by home mechanics, as well as paints, paint thinners /solvents and other wastes from home improvement projects. Construction activities can also be a source of many of the same pollutants. While the flat topography and sandy soils in the central and coastal portions of Florida reduce erosion and Chapter 1 Why Establish a Stormwater Utility? Page 1 -9 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 sedimentation impacts on stormwater quality compared to the clay soil areas of the panhandle area, there is still a tendency, for some pollutants to attach to soil ;particles and thus increase the impact of land - disturbing activities. Excessive fresh water entering the brackish environment of the Florida's bays, estuaries and tidal river segments is itself a pollutant to that environment, which depends on a proper saline balance to sustain critically important rearing habitats for fish and wildlife. Equally significant, but frequently overlooked, are the pollutant loads contributed by agricultural and industrial activities. Modern agricultural practices use fertilizers, herbicides and pesticides to improve crop yields. These chemicals can enter stormwater management systems through agricultural runoff and, to a limited extent, through return flows and excessive irrigation. Stormwater cap ' pick up a wide variety of chemicals as it flows across industrial sites as well as solids that cause turbidity and produce sediments, nutrients, oils and greases, and oxygen demanding substances. Stormwater from agricultural and industrial areas in Florida has been shown to have a significant cumulative impact in rivers, estuaries, wetlands and streams. In addition to these deficiencies, many Florida communities have not specifically incorporated water quality elements into their community's stormwater management program. Few local governments, except those subject to the conditions of a MS4 Permit, have developed Stormwater quality programs. Implementation of pollutant load reduction goals through ongoing regulatory and programmatic activities of the FDEP, National Estuary Programs and Water Management Districts will mandate that cities and counties become more involved in eliminating non -point sources of water pollution in future years. Stormwater Quality Management Florida communities that were required to apply for MS4 Permit coverage pursuant to EPA's Phase 1 program has to prepare system mapping, a baseline water quality assessment and discharge monitoring program to characterize the quality of local stormwater discharges, and- a description of their present and planned operational and capital improvement programs with its management and funding approach. The result of this effort is that these cities and counties now have a better understanding of ambient water quality conditions, annual non -point pollutant discharges and their sources within the community. Engineering standards, operational priorities and practices, and regulatory programs have also been influenced as the permitting process progresses. A community may have to accept additional responsibility for cleaning detention and conveyance systems, oil separation systems, first -flush diversion projects, and other management practices. Erosion and sediment control is another EPA priority for stormwater Imanagement. Although not considered a major water resource problem in most Florida communities, EPA requires that construction- related erosion control be addressed through both construction site management practices and discharge permits for larger construction sites. Development in a community is Chapter 1 Why Establish a Stormwater Utility? Page 1 -10 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 often one of the most visible activities but it is often not being tightly controlled in terms of water quality impacts. This contradiction should be viewed as a clear indication that the community should evaluate the potential water quality benefits of developing new standards for site development and construction that enhance erosion and sediment control practices and minimize /eliminate water quality problems during and after construction. 1.1.5 System Monitoring and Planning Fundamental program and system deficiencies create or worsen the impact of stormwater problems in any community. However, due to a historical lack of staff in many Florida communities, minimal drainage system mapping exists and there is a general lack of records and quantified information about the existing drainage facilities. Complete, accurate, and current data are not available on the size, capacity, age or physical condition of the systems, the status of complaints and inquiries, or needed improvements. Detailed drainage plans exist only for portions of many communities. Many Florida stormwater managers recognize the need for more information to support program planning and work management systems in the future. In many cases, one of the community's key priorities identified is to assemble an accurate and current inventory of the larger components of the drainage system. The smaller swales and ditches which are now managed by the community, and those which are presently treated as a private responsibility, are frequently not addressed in master planing activities which focus on long -term planning for system -wide management, operation and capital investment. This "cost saving" strategy often makes understanding the problems and needs of the existing systems even more difficult because the planning process only addresses a portion of the system. Fortunately, two technological innovations in the last decade have evolved that make monitoring and planning activities easier for local communities. Database development tools have simplified the process and enabled stormwater managers to develop multi - purpose databases on personal computers. The second innovation, Geographic Information Systems (GIS), is a powerful tool for integrating numerous, diverse databases, analyzing data, and presenting the results graphically. These innovations, taken collectively, provide communities with a cost - effective means of mapping, inventorying, monitoring and reporting on their stormwater management systems and facilities. 1.1.6 Funding Problems Lack of a stable, reliable and predictable source of funding limits the stormwater management programs in communities throughout Florida. It is evident in many communities that the priority accorded drainage system planning, operation and capital investment in recent years does not represent an adequate financial commitment to correcting existing'problems or preventing new ones. Existing sources of funding in many communities, primarily from property taxes, must meet other pressing needs in addition to stormwater control. Continuing growth in Florida Chapter 1 Why Establish a Stormwater Utility? Page 1 -11 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 communities poses increasing demands for all types of public services, many of which are supported wholly or largely from property taxes. In times of growth, these other needs effectively limit funding for stormwater management, drainage improvements and operations. The stormwater management program faces an increasingly difficult challenge in competing for funding in the future. It is unrealistic to expect that additional resources will become available for drainage at the expense of other community priorities, such as crime prevention, without some regulatory mandate by Federal, State and regional regulatory agencies. The current levels of drainage funding in many Florida communities prevents them from developing a comprehensive, cohesive and coordinated drainage program, especially in light of the emerging and future drainage program needs. Communities throughout the State have recognized that stormwater maintenance and operations need to be upgraded, hazard mitigation improved, drainage master planning efforts authorized and adopted,'major capital improvements built, aquifer recharge zones protected by acquisition and regulations, and water quality programs developed. These activities will require increased annual funding for the additional staffing required to accomplish these objectives, and capital outlays will be required for equipment, land acquisition and construction projects. If future needs are to be met by many Florida communities, either a reallocation of existing financial resources will be required, or new source (or sources) of funding must be developed to finance the stormwater management program. The bottom line is that the present level of funding for drainage programs is insufficient in many communities to carry out effective day -to -day operations, much less, build major capital projects and acquire land and easements. Water and wastewater management are separately funded as enterprise utilities, and road improvements are funded primarily through gas taxes, thus avoiding direct competition with the General Fund and other programs supported predominately through property taxes. Florida communities must carefully consider enterprise financing methods for stormwater management, comparable to water and wastewater utilities, if they are to achieve a funding level for their stormwater management programs that is adequate to address the problems which have been identified in the foregoing sections. Two characteristics of the enterprise fund approach are that the revenues generated are dedicated to stormwater management activities and that the revenues generated are directly related to the operating costs and capital investment program of the community's stormwater management system. 1.1.7 Community Perceptions The public's perceptions will dictate the basic viability of any strategy to build water resource management improvements and enhance the community's operational program. In most Florida communities, at any given time, a large segment of the general public lacks an understanding of stormwater problems and needs in the community. Many residents live in areas that do not Chapter I Why Establish a Stormwater Utility? Page 1 -12 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 1 suffer drainage problems, and are not exposed to the traffic and other problems that deficient drainage creates. Stormwater management studies completed in the past decade in .many Florida communities could, if implemented, raise community awareness of stormwater issues and the physical components of the stormwater management systems thereby partially alleviating the perceptual problem. Most stormwater managers generally recognize that public. perceptions are difficult to precisely assess, respond to, and alter. Factors which may influence public perceptions of stormwater in the community area include: • Cyclic weather patterns and fading memory of recent storm events and specific flooding problems New and seasonal resident's lack of experience with local stormwater management problems and issues • Lack of public understanding of the need for a comprehensive stormwater management program Limited public understanding of the interaction of the community's stormwater management program with those of the Water Management Districts and other agencies • The inherent complexity of an effective drainage program and financing strategy Timing expectations Each of these aspects of the public perception problem is discussed: in more detail below: Cyclic Weather Patterns One problem that affects the public's perception of the need for stormwater system improvements is cyclic weather patterns. Florida has experienced extended periods of dry weather, often lasting for several years, which in many portions of the State have been characterized as droughts. These dry weather periods focus public attention on water supply issues, problems in the wetland environments, and wildfires, which divert attention from the ongoing need of the community's existing systems. Unfortunately, both maintenance and capital investment in stormwater system improvements will be needed again when the rain returns during normal weather. Chapter 1 Why Establish a Stormwater Utility? Page 1 -13 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 New and Seasonal Residents Most new Florida residents are probably unaware of drainage problems, which can occur in their immediate areas during severe storms, or of the potential impacts on transportation and other urban systems. Because they have not yet been directly impacted, they may be neither knowledgeable of nor interested in stormwater management. Lack of perception of drainage problems is compounded in communities with seasonal. residents who are typically absent during the wet summer season. Despite the annual threat of hurricanes, tropical storms, and frequent thunderstorms, the greatest obstacle facing most Florida communities may be convincing the citizens that sufficient stormwater problems exist to merit additional attention and money. Unless they are directly impacted by drainage problems, people are not likely to readily perceive them. Peoples' memories of minor floods dim almost as rapidly as water recedes, and a substantial public involvement effort may be needed to develop support for increased community stormwater funding. Even if the basic issue of whether problems exist can be resolved, a community's -lack of understanding of their complexity and overly optimistic expectations of how quickly they can be solved will probably remain. Need for Comprehensive Stormwater Management Approaches Communicating the need for and benefits of a comprehensive stormwater management program to the Public is not an easy task. Florida communities face a difficult and on -going twin focus challenge: first to inform the community of the need for a comprehensive drainage program and, second, to generate support for community wide stormwater management activities. A truly comprehensive stormwater management program is a difficult operation to develop because it usually is a significant departure from the community's current operational philosophy which, due to long -term funding constraints, has been to limit the extent of its responsibility to as few components of the system as possible which typically focus on the large ditch systems in the community. Stormwater's Impacts on Other Community Programs The relationship of stormwater management to the community's other programs must be considered in the community's long -term plans. The need and justification for better stormwater management is based at least partially on the pervasive and costly long -term impacts that inadequate stormwater management will have on other programs and systems undertaken by the community. The impact of stormwater problems on streets, emergency services, public health and safety, water and wastewater systems, and water quality in receiving water bodies must be communicated to both the residents and the business community. Chapter I Why Establish a Stormwater Utility? Page 1 -14 Florida Association of Stormwater Utilities f ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 Need for a Programmatic Approach Most Florida communities have recognized the need to implement a programmatic approach to stormwater management as opposed to the project -by- project approach. The internal strategy of the programmatic approach is to develop a long -term program composed of "building blocks" of comprehensive and cohesive program elements, while at the same time meeting the community's immediate demands for solutions to specific problems through construction of facilities. A reasoned and well- planned approach will ensure that continuity is maintained through a developmental process that must necessarily span several years. Complexity of Operating and Financing Programs for Stormwater Management The mandates of the current Growth Management Act and its successors may pose a potential compliance problem which will build pressure for timely action of stormwater management issues. Most Florida communities can implement improvements in maintenance programs and regulatory controls within a year or two and construct a few capital projects relatively quickly. Nevertheless, the community's ability to construct major capital projects may depend on its ability to finance a package of drainage improvements, in which drainage must be measured against other priorities. Timing Expectations Timing expectations will pose a significant consideration of the comprehensive stornwater management program. Most Florida communities are challenged to step up and deliver projects that can be quickly implemented immediately after a significant flooding event, when the citizens are demanding and willing to pay for stormwater program improvements. The public expects quick solutions to most problems, and their patience is extremely tested by the lengthy process involved in improving the stormwater management program. Most Florida communities need 3 to 5 years to complete detailed basin studies, facility designs, regulatory review and permitting, established bidding processes and normal project construction schedules. Florida's stormwater management programs need to develop a package of low cost, short -term and highly visible capital improvement, maintenance, and mitigation projects which can be accomplished in several years after a major flooding event to demonstrate progress even while a broader stormwater management program is being developed. Full implementation of a comprehensive stormwater management program in the community will require much longer than most people anticipate because some of the program elements are dependent on others. The first key stop is to broaden community understanding of and support for better stormwater management generally, including consideration of water quality and water supply priorities. Stable and adequate funding must be established which ensures that subsequent steps can be achieved. Chapter i Why Establish a Stormwater Utility? Page 1 -15 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY M FLORIDA December 1998 1.2 WHAT IS A STORMWATER UTILITY? Stormwater utilities are a relatively recent development in municipal stormwater management. The first were developed in Colorado and Washington in the early 1970's. More than 20 cities and counties established utilities in Washington, Oregon, Colorado, and Utah by 1980. Because stormwater management has traditionally been among the most difficult programs for local governments to fund, the concept of a stormwater utility -- an enterprise fund that could provide stable funding for stormwater operations and capital projects quickly spread to other regions. During the 1980s stormwater utilities were established in cities and/or counties in Ohio, Oklahoma, Utah, Michigan, Minnesota, Kentucky, Montana, and other states. In 1981 the City of Tampa was the first Florida community to conduct a detailed assessment of the feasibility of using a stormwater utility for improving service, maintaining their existing system, and funding future capital investments. However, Tampa decided not to adopt a stormwater utility to fund its stormwater management program. . In 1986 the City of Tallahassee was the first Florida community to actually develop and implement a stormwater utility. Stormwater utilities have flourished since 1986. The most accurate information on the number of stormwater utilities in Florida is available from the Florida Association of Stormwater Utilities (FASU) stormwater utilities survey, which is conducted every two years. FASU's 1997 Stormwater Utility Survey is included as Appendix A of this manual. Information reported to FASU indicates that there are 91 established stormwater utilities within the state. To date the vast majority, 93% of all Florida stormwater utilities (85 utilities) have been established by cities to serve municipal residenis.while the remaining 7% (6 utilities), have been developed by urban counties to serve residents of unincorporated areas. Curiously, after a decade of steady growth, no new stormwater utilities were established in 1996 or 1997. FASU s 1997 Stormwater Utilities Survey presents a wide variety of -information on the utility characteristics, fees and rates, stormwater program operations and public information activities of Florida's stormwater utilities based upon responses received from 53 communities and is located in the Appendix of this manual. 1.2.1 The Stormwater Utility Concept The nature of stormwater management has changed dramatically since the first stormwater utilities were formed. Historically, stormwater management (drainage) programs were narrowly defined and focused generally on water quantity control (flooding) issues. Local environmental quality concerns played a role in the development of some stormwater utilities (perhaps most Chapter 1 Why Establish a Stormwater Utility? Page 1 -16 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 notably in Bellevue, Washington), but the predominant issues in most communities were flooding and erosion problems. Similar situations and concerns exist in Florida. Chronically limited funding for capital investments, operation and maintenance of Florida Stormwater management systems, combined with recent emphasis placed on stormwater quality management by the emerging Federal extension of NPDES permitting to stormwater discharges, dictates that Florida communities secure stable funding and develop new and innovative financing strategies for their stormwater management programs. The essence of a stormwater utility is summarized in the following concepts: Focused - Mission Oriented Stormwater utilities are frequently founded for a particular purpose such as improving drainage within the community. However, other issues such as water quality improvement and environmental management may be included in the initial charter of many utilities, or included in an expanded charter after the utility has operated for a few years. Enterprise Orientation Most stormwater utilities are designed to provide the majority of a community's stormwater funding thereby off - setting other funding sources such as the General Fund. FASU's 1997 Stormwater Utility Survey indicated that utility revenues provided 80% of the operating budget and 75% of the capital construction program funding within the surveyed communities. Sustainable Revenues Revenues generated by stormwater utilities are constant and gradually increase with the community's growth. The average monthly stormwater utility rate, reported in 1995 for the 53 that responded to the FASU survey established utilities varied from $0.50 to 7.43 per billing unit and averaged $3.07 per unit, which equated to average revenue of about $2,170,000 per year. Comparison of average utility rate changes between 1995 and 1.997 for 36 Florida utilities indicates that 11 utilities had increased their rates, 4 communities had decreased their rates and the majority, approximately 60 %, remained unchanged during the two -year period. Rate Methodologies There is a general continuity in stormwater utility service rate methodologies -- no single method is used in all applications -- nor does one appear to be suitable or appropriate. The most commonly used stormwater rate methodology, used in over 906/o of Florida communities, is based on the amount of impervious area. Chapter 1 Why Establish a Stormwater Utility? Page 1 -17 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 C� A more detailed discussion of rate structures, their development and equity of cost distribution methodologies is located in Chapter 4 of this manual. Exemptions Not all properties within Florida communities are charged for stormwater utility services. Most utilities grant exemptions to certain types of properties based upon their ownership, level of development, quality of runoff, extent of community use and other considerations. The most common exemptions are for streets/highways, undeveloped property, agricultural areas, railroad properties and - parks. Many utilities also exempt government properties and those properties related to school districts, special districts, and similar public functions. Credits ` Many Florida utilities recognize runoff attenuation and water quantity treatment benefits from certain development practices on private properties and give the property owners credits against their utility service charges. The 1997 Stormwater Utility Survey found that possible credits ranged from 20% to 53% of the bill with an average reduction for properties receiving credits of about 30 %. Billing & Collection of Utility Fees Adding the stormwater utility bill to existing monthly bills for other utility services provided is the most common billing process, used by over 80% of Florida stormwater utilities, because it reduces billing and collection costs. About 11% of the utilities add the stormwater utility charges to the annual property tax bill, with the remain utilities opting for other methods. Revenue capacity depends primarily on whether undeveloped as well as developed properties are charged, and whether the community charges itself for streets and other public properties. Cities with more mature stormwater programs have higher service charges than those just beginning to develop their programs. c A more detailed discussion of alternative billing structures, methods for computing user fees, data collection and database development concerns is presented in Chapter 5 of this manual. Chapter 6 provides an in -depth discussion of billing, collection and enforcement methods that have been used in Florida for establishing a stormwater utility. Chapter 1 Why Establish a Stormwater Utility? Page 1 -18 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA 1.2.2 Focus of A Stormwater Utility December 1998 Stormwater utilities are commonly based on improving a community's ability to meet a variety of objectives, such as funding improved maintenance and capital investments, to improve flood management abilities while also reestablishing/rehydrating wetlands to take advantage of their natural treatment abilities to improve water quality prior to discharge to delicate estuarine waters. Florida stormwater utilities commonly focus on several of the following services: • Capital Projects for Improved Flood Control • Enhanced Maintenance for Improved Flood and Pollution Control • Capital Projects for Water Quality Treatment • Water Quality Management • Capital Facilities that Induce Groundwater Recharge for Water Supply • Ecological Preservation • Systemwide Planning • Regulation and Enforcement Activities • MS4 Permit Compliance However, some utilities focus on addressing a single objective such as water quality improvement. 1.3 BENEFITS OF A STORMWATER UTILITY Stormwater utilities require a commitment of time and resources to develop and implement, but what are their benefits? This important question can be answered from two different points of view. The first answer is from the perspective of the elected representatives and senior managers who are responsible for annual funding of the community's stormwater management program: • New Funding Source - Revenues generated by stormwater utilities can be used as a new source of funds to supplement the community's current stormwater management funding. • Supplemental Funding Source - Stormwater utility revenues can be used to replace current general fund/ad valorem tax funding which enables the tax based funding to be used for other community needs. Chapter I Why Establish a Stormwater Utility? Page 1 -19' Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 • Sustainable Revenues - Revenues generated by stormwater utilities are constant, tend to gradually increase with the community's growth, and can be gradually increased through rate hikes and increasing/imposing special user fees. • Bondable Revenue Stream - Bonds for capital improvements can be issued to facilitate constructing stormwater management facilities because the revenues generated by stormwater utilities can be used to pay back bonds. The second answer is from the perspective of the technical individuals responsible for daily operations and has three key components: • Programmatic Stability - The community's stormwater management program will tend to operate on a stable basis which supports staff stability, continued levels of maintenance operations, and continuity in CIP programs since stormwater utilities have stable revenues. • Long -Term View - Stormwater managers are allowed to adopt a longer view in planning for capital investments, undertaking maintenance enhancement, and developing staff since they are not operating in a year -to -year funding environment with no certainty of follow -on funding in successive years. • Facilitation of NPDES Compliance - Communities that are regulated under the Federal NPDES Stormwater Permitting Program are more readily able to comply with the specific permit conditions requiring the development of funding for annual operation of the Storm Water Management Program that is contained in their MS4 Permits. It is obvious that a stormwater utility can provide a community with numerous, continuing benefits that amply compensate the initial effort and costs of stormwater utility development and implementation. Were this not the case, it is unlikely that over 90 Florida communities would have undertaken their development and implementation. 1.4 STORMWATER MANAGEMENT OPPORTUNITIES IN FLORIDA Comprehensive management approaches for stormwater management systems in Florida's communities also offer the community a number of opportunities for implementing integrated management program components that can conserve precious water resources. 1.4.1 Surficial Aquifer Recharge Enhancement A number of Florida communities obtain their raw water supply from shallow, unconfined surficial aquifers, which underlie these communities. The aquifer is recharged locally by rainfall that percolates through the highly permeable soils in the remnant dunes. These local aquifers Chapter 1 Why Establish a Stormwater Utility? Page 1 -20 Florida Association of Stormwater Utilities ESTABLISHMG A STORMWATER UTILITY M FLORIDA December 1998 overlie the Floridan aquifer, which-has a significant level of chlorides in many coastal areas. The ability of the surface aquifer to provide high quality raw water is limited by the amount and quality of recharge it receives. Local studies in some coastal communities have shown that the drainage system overdrains the surficial aquifer through deep ditches cut below the water table, drainage practices which quickly remove runoff from the recharge areas and isolation and/or development of natural wetland areas that. provided long -term recharge of the surficial aquifer. A variety of structural and non- structural remedial solutions are available that can integrate the needs of effective stormwater management with long -term water supply needs. Coastal communities should include consideration of the intimate relationship between water supply and stormwater management system design during the development of remedial drainage solutions that reduce overdrainage of the surficial aquifer and enhance surficial aquifer recharge opportunities. While stormwater management is not the answer to meeting long -term water supply needs, it can be a significant component in an integrated water supply program: 1.4.2 Water Quality Treatment Federal, State and local environmental and water quality concerns for receiving waters -- freshwater bodies and rivers, coastal estuarine areas and marine waters -- will continue to bring increasingly more stringent water quality discharge regulations to bear on the. community's stormwater system. An additional concern in many Florida communities is the quality of water, which is recharging the surficial aquifer system that serves as their water supply. Communities should view their comprehensive stormwater management program as an opportunity to "get ahead" of the looming water quality regulatory programs by master planning, designing, constructing and operating a variety of stormwater management facilities which effectively attenuate flows while simultaneously providing suitable water quality treatment. This approach can provide flood control while also meeting water quality needs. As has been demonstrated with so many municipal programs, the cost of including preventative measures in facility planning and design is substantially less than the cost of adding remedial features after construction. 1.4.3 Wetland System Restoration Many Florida communities have a significant number of . natural wetland areas- within and adjacent to their community limits which, to varying degrees, have been impacted by development activities over the last 50 years. These wetland areas serve four significant purposes: Chapter I Why Establish a Stormwater Utility? Page 1 -21 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 • Natural stormwater attenuation and retention which can reduce the size of remedial conveyance systems • Natural stormwater treatment which enhances discharged water quality enhancement • Natural recharge of the surficial aquifer systems • Aquatic and terrestrial habitat for environmental quality enhancement Many communities have already recognized the value of these wetland systems in their community planning and development regulation processes. These communities can take advantage of opportunities to integrate wetland preservation and remediation concepts into their integrated water resources (stormwater and water supply) management master planning and design activities. In this way, a community can assure the survival and integrity of its important wetland systems. 1.4.4 Development of Joint Use Facilities As suggested in the preceding discussions, the opportunity exists for Florida communities to develop a number of joint use facilities (JUFs) that can serve a variety of purposes. The implementation of this philosophy in a community's planning will provides a significant step in meeting the goal of maintaining and improving the quality of life. The opportunities for developing JUFs for stormwater management, water supply and wetlands preservation are obvious. 1.5 STORMWATER UTILITY OPERATIONS A functional requirements analysis identifies what the community's stormwater management program needs to accomplish to overcome problems and meet identified needs. The "functional requirements" include support activities and expenses directly related to various operational functions (such as administrative oversight, logistical support, and computer time) as well as the work activities themselves. Stormwater management services are not always provided by a centralized stormwater management division. Numerous Florida communities achieve their stormwater management objectives through the actions of a number of different departments. Five basic categories of functions are provided within the context of a stormwater management program, and the categories are comprised of related work elements. The functional requirements are divided into the following categories: • Administration Chapter 1 Why Establish a Stormwater Utility? Page 1 -22 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 Engineering Operations Regulation • Capital Improvements Each category is divided into closely related, groups of activities in the detailed analysis, which follows. Many of the tasks are similar or common to more than one category, and numerous overlaps exist. Some tasks might be placed in more than one category, but the overall fabric of the stormwater management needs in a community is properly represented by the list of functional requirement categories.. Stormwater management involves a wide variety of on -going operations including program administration, planning, engineering, facilities operations and maintenance, monitoring, permitting, enforcement, and public education. 1.5.1 Program Administration Seven subgroups of administrative functions and types of support expenses, including those associated with financial management and program development, are generally included under the category of program administration activities: General Administration Secretarial and Clerical Support Financial Management Program Planning and Development Capital Outlay and Overhead Expense • NPDES Compliance and Reporting • Public Awareness and Involvement These activities, and occasionally the billing and collection of fees, are described as administrative functions.' Overhead and logistical expenses (space, telephone, utilities, etc.) and capital outlays for office furniture and fixtures not attributable to other functions are also identified under the administrative category. Capital outlay and overhead costs are normally classified as "non - functional' aspects of the stormwater program in the sense that they are not work activities that are directly related to a specific function but are common to all functions. However, they are required for general support of the program, and this category is simply the most suitable one in which to group them. 1.5.2 Planning and Engineering Chapter 1 Why Establish a Stormwater Utility? Page 1 -23 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 The technical functions, engineering and planning, are directly influenced by stormwater master plans, basin studies and siting and sizing of the conveyance and treatment components of the stormwater management systems. These functions continue to be essential work elements as improvements are made to the community's program. The technical functions are grouped into eight categories: • Surveying and Documentation of Existing Conditions • GIS Development and Operations Facilities Mapping and Inventories . • Stormwater Management Master Planning/Basin Planning • Water Quality Planning and Engineering • Design and Field Engineering • Hazard Mitigation • Support Requirements Most of the planning and engineering activities for stormwater management are related to project design and construction, negotiation of permits, and coordination of operations and maintenance programs. 1.5.3 Regulation and Enforcement Individuals as well as developers, agricultural interests, and large companies contribute to the need for better, regulation of the stormwater systems, suggesting that another facet should 'be incorporated into a community's regulatory program specifically to control and mitigate the general public's actions: Homeowners. dump grass clippings, brush trimmings and other debris into drainage ditches and swales, which either be removed by maintenance crews so it does not contributes to pollution and blockages in downstream reaches. Home mechanics dispose of crankcase oil,. antifreeze, and other wastes into stormwater systems, causing water quality impacts. Public education has proven to be effective in reducing the impact that individuals have on stormwater systems, but increased regulatory enforcement is also needed. Regulation and enforcement functions included in a community's stormwater program are separated into six distinct categories: • Permit Administration • Inspection of Construction Activities • Code Development and Enforcement Chapter I Why Establish a Stormwater Utility? Page 1 -24 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA • Private Stormwater System Regulation • Floodplain Management • Monitoring of Stormwater Discharges and Receiving Waters December 1998 Experience in Florida communities has shown that regulatory efforts are among the most cost - effective and productive stormwater control measures. Regulations can be developed more quickly than capital projects, are less expensive than increased maintenance, tend to reduce the causes of problems quickly if vigorously pursued, and are permanent when applied consistently and repeatedly. 1.5.4 Maintenance Operations Maintenance operations, both routine and remedial, must be undertaken by a community if it intends to keep its stormwater infrastructure operational at or near its design capacities. Routine maintenance includes the normal cleaning activities required to keep the stormwater management systems in proper condition. Remedial maintenance involves repair and reconstruction short of total replacement, enlargement, or construction of entire stormwater systems. Remedial work is typically done as parts of systems deteriorate due to aging or are damaged. Both routine and remedial maintenance are required to ensure that the systems work as effectively as possible when storms occur. The ten primary work tasks and related support activities included under the operation category include the following headings: • Operations Management • Routine Maintenance • Remedial Maintenance • Erosion and Sediment Control • Emergency Response Operations • Water Quality Operations • Street Sweeping • Litter Control • Spill Response /Containment • Support Services The integrity of any stormwater management system to operate at Level of Service (LOS) adopted by the community lies in a combination of proper sizing and design and a suitable level of facilities maintenance to assure that the system components function as originally designed. Chapter 1 Why Establish a Stormwater Utility? Page 1 -25 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 Many communities in Florida are unable to meet their LOS goals due to undersized facilities constructed prior to 1980 and the inability to adequately maintain existing systems. 1.5.5 Capital Construction Most Florida communities have significant planned, deferred and future needs for stormwater system capital improvements. These needs are generally in the form of capital improvement program projects for conveyance improvements, treatment facilities, and reconstruction of aged and deteriorated components of the existing system which have been identified through master planning and basin studies. Major types of capital investments and other capitalized expenditures that are required in a community have been summarized in five general categories: • Strategic Detailed Basin Studies • Major Capital Improvements • Minor Capital Improvements • Land Acquisition • Easements, and Rights -of -Way Acquisition Given the range of stormwater management and flooding problems evident in many communities, it is clear that both major and minor capital improvements are needed. � Additional information on the administration of a stormwater utility including discussion of organizational and staffing issues, mission statements and a case study of the City of Tallahassee's stormwater utility is presented in Chapter 7 of this manual. Chapter 8 provides information on a variety of sources for technical assistance that is available to communities considering the development and implementation of a stormwater utility. 1.6 FINANCIAL CONSIDERATIONS AND INSTITUTIONAL ISSUES Development and implementation of a functional stormwater management program requires more than a concentrated Public Works effort. It also involves many different aspects of a community's governmental structure, and impacts financial operations and existing institutional systems. 1.6.1 Financial Considerations Chapter 1 Why Establish a Stormwater Utility? Page 1 -26 _ Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 The financial considerations associated with developing and implementing a stormwater utility are an area that require careful attention. Given a utility's ability to generate operating and capital investment funding, it is important to address the basic financial considerations which will establish the feasibility of the utility within a given community. Data Acquisition/Development Costs Cost of data acquisition and/or development is one of the most important considerations in selecting a preferred stormwater service charge rate methodology. Two types of data are needed for a stormwater utility: (1) information on the appropriate physical parameters on each parcel of property subject to the billing, commonly referred to as the master account file, and (2) information which allows the bill to be delivered to the proper party and receipts to be properly accounted for which is defined as the billing file. Many cities and counties have selected their preferred stormwater rate methodology primarily because of the ready availability of data in their files or their ability to deliver a bill efficiently through one mechanism or another. How that can best be accomplished is closely related to the suitability of various existing data bases and data management systems. • Master Account File - Because the primary data parameters for a stormwater service charge are usually associated with conditions on individual properties which influence the quantity and quality of stormwater runoff, many Florida communities have found that the County Tax Assessor's data files are a potential source of information. Attributes such as the gross area of the property and the square footage of buildings and paved parking areas are routinely gathered through the tax appraisal process and are considered in determining the valuation of properties. This same information is used to determine the amount and quality of stormwater that is discharged from a property. If existing data can be used, the community can realize a substantial savings in both direct expense and time, which, translates to faster implementation of a revenue stream. • Data Coverage, Completeness and Quality Assurance - Unfortunately for Florida communities, County Tax Assessor data requirements for valuing properties do not specifically parallel those of a stormwater master account file, and tax files do not necessarily contain the information required in a stormwater file. The key question with regard to possible use of this information for stormwater service charge ratemaking and subsequent customer billing is whether the data in the Assessor's file is sufficiently complete and accurate to allow a master account file to be efficiently generated through data processing procedures. If large gaps exist in the Assessor's data, or the data is inconsistent from property to property, out of date, only approximate or simply inaccurate, the cost of refining the data, performing quality control, and correcting errors in the Assessor's data file may be greater than assembling a master account file for the same Chapter I Why Establish a Stormwater Utility? Page 1 -27 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 parameters through a separate measurement process. An independently generated master account file would assure total coverage and provide opportunities to carefully monitor the quality of the data, and offer other advantages for the community which might outweigh its cost. • Billing Systems - A second database often required in the development of a stormwater service charge and for delivery of bills is a utility billing system. Most communities prefer to modify an existing utility billing system that they operate as the base for a stormwater service rather than use the property tax billing system and data files, so this approach has predominated in cities throughout the country. • Database Maintenance - The cost of upkeep for the master account file and the billing file is a function of the number of accounts, the number of data parameters, and the process that must be employed. The number of accounts and data parameters is determined by the selection of a rate methodology. The process used by the community for implementation and upkeep is a subject of choice, but experience has demonstrated that substantial savings can be realized by making the work a data processing task rather than a property measurement task. The obvious implication is that suitable data must be identified and a means of using it developed if the savings are to be realized. A more detailed discussion of billing alternatives, methods for computing user fees, Master Account File data collection and database development concerns is presented in Chapter S of this manual. Utility Rate Structures A matrix of funding methods exists which encourages consideration of many combinations. A community should not examine the relative benefits of four or five specific service charge rate structures, but -should instead define a total funding concept consistent with its perspective of an appropriate rate structure. The umbrella of a service charge rate structure provides excellent flexibility for incorporating other funding methods, which fit the context of the program and recognize the community's changing needs. It is quite common for full implementation of the various funding mechanisms that a community may elect to use to take five or more years which is consistent with the transitional development and evolution of the community's stormwater management program. Most Florida communities find that service charges will be the primary funding source for their stormwater management program. Service charges are the only option that have a practical and realistic prospect of meeting the combined capital and operating revenue needs of most communities. The five service charge rate concepts that are commonly used include: Chapter 1 " Why Establish a Stormwater Utility? Page 1 -28 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA • Rates based solely on impervious area of individual parcels. December 1998 • Rates based on impervious area and the percentage of imperviousness (assigned to ranges) of individual parcels, with a schedule of charges per unit of impervious area. • A rate structure based on gross area and the intensity of land use /development of individual parcels, using land use codes in the County Assessor's property tax file as a basis for assigning the intensity of land use /development. • Rates based on impervious area and gross area of individual parcels, using different charges per unit of impervious and gross areas to create a balance of charges for improved versus unimproved land. • Rates based only on gross area of individual parcels, but incorporating several modifying factors to account for. runoff rates and quality. Stormwater rate structures employing impervious area as the sole parameter for calculating charges have been used for nearly 15 years and are technically well accepted. Most Florida communities implementing stormwater service charges have used the impervious area rate methodology because it is directly related to runoff volumes and chronic flood control problems. Analysis of stormwater quality data gathered during the National Urban Runoff Program (NURP) suggests that impervious area is also the most dominant factor in pollutant loadings present in stormwater, which directly relates to a community's water quality objectives. Rate concepts which broaden the funding base by imposing service charges on undeveloped as well as developed lands are carefully examined because that would add to the rate base. A number of modifying factors can be applied to the basic rate structure options to customize them to meet a community's specific needs. The primary objectives of using factors which modify a basic stormwater service charge rate structure are to: (1) improve the overall equity of the financing mix; (2) improve the community's operational and regulatory programs more quickly by generating additional revenue; and (3) reduce implementation and upkeep costs. Modifying factors which might be appropriate in Florida communities include: • A flat -rate charge for single- family residential properties. • A base rate for certain costs of service, which are relatively comparable for all stormwater management accounts. Chapter I Why Establish a Stormwater Utility? Page 1 -29 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 • Basin - specific surcharges or additions to the service charges for major capital improvements, segregating these expenses from operating costs and allocating them to the properties in the watersheds served by the facilities. • Credits against the monthly service charge for properties, which have on -site detention or retention systems. • A water quality impact factor that recognizes the differences in water quality impacts and annual pollutant load contributions from different land uses. • A development and land use factor that would reflect the impact of development and land use on quantity and quality of stormwater discharged to the public systems. • A level of service factor that recognizes that the level of stormwater service provided to different parts of the community varies considerably and will continue to vary in the foreseeable future. The purpose of these modifying factors is not to simply generate revenue -- the additional revenue that is created is often incidental to the greater regulatory role that the stormwater management program will play in the future through controls on land use, site discharge, and private maintenance actions. In fact, a credit for on -site detention reduces rather than increases revenue capacity. The advantages gained using these factors must be weighed against the disadvantages they entail in terms of gathering and maintaining data. Chapter 4 of this manual provides a detailed discussion of rate structures, their development and equity of cost distribution methodologies is located. Secondary Revenue Sources Florida communities are examining a variety of secondary funding methods, not directly related to the service charges, as a means of generating additional charges to certain customers who receive special services and applying special charges to equalize financial participation among properties over time. These secondary funding methods would be incorporated directly into a service charge rate structure rather than established separately. Examples of secondary funding methods include: • System Development Charges to equalize the financial participation in capital investments among ratepayers served by the systems at different points in time. Chapter I Why Establish a Stormwater Utility? Page 1 -30 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 • Plan Review and Inspection Fees to recover a portion of the costs that the community expends to review development plans and inspect projects under construction to assure compliance with standards. • Special Service Fees designed to recover the costs of services performed for specific clients, as opposed to the entire rate base, which may include annual inspections of on -site detention systems to verify compliance with design and operating standards, industrial stormwater discharge monitoring, water quality enforcement investigations against polluters and similar specialized activities which have evolved with the recent expansion of Federal, State and Regional regulatory programs. The ease of incorporating secondary funding methods with each basic rate structure design must be examined carefully because these funding methods are a viable means of increasing total revenue. Timing Timing is critically important. Communities that are considering the development of a stormwater utility often desire to establish alternative funding for their stormwater management programs within a one- or two -year timeframe. However, the immediate emphasis on additional funding must be considered in the context of the community's long -term stormwater management needs. The scope of stormwater operations and level of service in many Florida communities need to change significantly in order to correct existing system -wide problems and prevent problems, and that funding capability must change concurrently. Stormwater management in Florida is evolving into a major governmental responsibility. Increased operations and maintenance, major capital improvements, and more regulatory measures are demanded by citizens and are being mandated by Federal regulatory programs, which are focusing on stormwater quality. To the extent possible, the community should seek means of solving its immediate funding dilemma that are consistent and compatible with its long -term program and funding needs. Reduced Tax Funding A community's general tax revenues, in many cases, are simply incapable of meeting the stormwater needs given the other priorities, which exist. If the community can successfully identify, adopt, and implement a stormwater utility service charge rate methodology and other funding methods which fit well with the future scope of stormwater management, much greater efficiency will be attained in the transitional process of developing a truly comprehensive program. Stormwater managers must recognize that the, existing tax -based funding for stormwater management will, in most cases, be gradually reduced/eliminated upon the implementation of their community's stormwater utility. Chapter 1 Why Establish a Stormwater Utility? Page 1 -31 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 Long -Term Financial Strategy and Planning The actual expense of stormwater management is much greater than the direct costs contained in the community's budget. Responsibility for various aspects of stormwater management is severely fragmented at the present time. The funding strategy must allow for this fragmentation until consolidation can be accomplished, and should be structured so that the full, comprehensive scope of the future program can be adequately and fairly funded. Based on this analysis, it is clear that the community needs to establish a stormwater service charge and/or other methods of funding which generate sufficient revenue in an equitable and publicly acceptable manner, and needs to do so as soon as possible. Interfund Loans Most Florida communities operate one or more conventional enterprise utilities which have accumulated reserves as required for satisfying bond requirements and providing for long -term replacement of their infrastructure. Depending upon the size of these reserves and planned/scheduled replacement and repair projects, some of these funds can potentially be used to provide initial funding for .the development and/or implementation of the community's stormwater utility. This approach, when used, can substantially, reduce the cost of initial stormwater utility funding, and repayment of the interfund loan is based upon the revenue stream generated by the stormwater utility. Bonding of Capital Projects Many Florida communities issue bonds for stormwater improvements, as opposed to using the "pay -as- you -go" approach, in order to accelerate the construction of capital projects required to resolve chronic community problems. Revenues generated by a stormwater utility, can be pledged to repay bonds used to provide the funding needed for the accelerated capital investment in stormwater infrastructure. 1.6.2 Institutional Issues Development and implementation of a stormwater utility in a community often changes the manner in which stormwater services are delivered, and which departments /divisions within the governmental structure are responsible for providing the services. These changes translate into shifts in manpower levels, annual operating budgets and, on occasion, the internal reorganization of the governmental units. Operational Staffing and Budgets Most Florida communities have. implemented their stormwater utilities to improve their ability to provide existing services and, in numerous cases, to provide new stormwater management services to the citizens. Generally this improvement requires increases in both staff and budget Chapter 1 Why Establish a Stormwater Utility? Page 1 -32 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 for administrative, planning, engineering, regulatory and operation and maintenance activities. While some communities have utilized consultants to provide specialized services in the areas of planning, stormwater modeling and the preparation of contract documents for capital improvement projects in order to prevent the expansion of staff, this practice still requires additional budget to cover the consultants' contracts. CIP Budgets A significant component of virtually every Florida stormwater utility is funding of the construction activities -- capital projects for new facilities, repair /rehabilitation of existing facilities or major maintenance to maintain capacity -- to remedy chronic problems within the community. Implementation of a stormwater utility usually means a substantial, long -term increase in the community's stormwater CIP budgets. Organization The delivery of services in many Florida communities is fragmented with different services being provided by different departments. As an example, new stormwater management facilities are designed by the engineering department, permitted through a different department, constructed under the management of the capital projects department and, upon completion, turned over to the roads department for maintenance. Since virtually all of these activities are funded from the same revenue stream, the stormwater utility, some communities have reorganized their departments so that all of these functions are consolidated in a stormwater management department that is responsible for all of the functions that are paid for through stormwater utility revenues: administration; planning and engineering, regulation and enforcement, and operations and maintenance activities. The resulting reorganization clearly shifts power within the governmental structure and can create internal supporters and critics based on who is gaining and losing staff, budget and prestige. Internal Consensus Building Development of a consensus between the various departments that provide stormwater management services in a community is an important consideration for the successful development and implementation of a stormwater utility. Any process that shifts staff, budget and prestige between managers and departments, and especially those processes that require internal reorganization, are tenuous and require careful attention to educating all levels of staff, to directing and focusing managers who are increasing their department's size, budget and responsibilities and, especially, to placating managers who are losing staff and resources. Failure to address these issues can produce very vocal critics at all levels of the staff who, at a minimum, lower morale and increase the length and cost of successful reorganization and improvements in the delivery of services. In the worst case, the vocal internal critic can sabotage Page 1 -33 Chapter 1 Why Establish a Stormwater Utility? Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 the process and cause such internal turmoil that the entire stormwater utility is undermined and the implementation process ends in failure. Finding a Champion Perhaps the best omen of successful stormwater utility implementation is the emergence of a champion who, through his/her enthusiasm, preparation and protracted effort, facilitates the development of public, political and institutional support of the stormwater utility. A champion can be a mayor, a respected member of the city commission or the board of county commissioners, a senior manager, or an influential and determined community activist who wants to solve -the community's chronic stormwater problems and, perhaps, leave a legacy for their grandchildren. Identification of one or more champions at an early stage of the stormwater utility development process, and the cultivation of the champion(s), is perhaps one of the most important initial activities that a community can undertake toward long -term success of their utility. 1.7 FEDERAL AND STATE LEGISLATION AND REQUIREMENTS Federal and State legislation, and their subsequent regulatory requirements, from the basis for most of the changes in stormwater management programs in Florida in the last two decades. This legislation has expanded the focus of a community's drainage program to include floodplain regulation, water quality management and ecological preservation. 1.7.1 Florida Constitution and City/County Authority Florida communities are granted specific authority under the Florida Constitution and general and special laws. Communities in Florida fall into one of three categories -- cities, charter counties or non - charter counties -- and their authority to exercise local powers are both specific and different. Generally, cities and charter counties have all powers of home rule that are not specifically limited by the Legislature. Non - charter counties have those powers of home rule that are specifically authorized by the Legislature. However, in Chapter 125, FS, the Legislature has conferred broad powers of home rule to non - charter counties. The primary difference between the powers of charter counties and non - charter counties now depends upon the language of the charter itself. A charter can be drawn to alter the county's structure and its service delivery patterns. For example, many of the county charters grant authority to the county to develop and adopt countywide environmental policy. In these cases, the county is authorized to prescribe minimal environmental standards throughout the entire county. City governments are authorized to adopt stricter standards but may not utilize standards that are less stringent than those of the county. Chapter 1 Why Establish a Stormwater Utility? Page 1 -34 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 i Cities The Florida Constitution allows municipalities to exercise any power for municipal purpose as long as that power is not restricted by a general or special laws. Municipal powers are granted to cities, which enable them to impose any charge, which is not otherwise prohibited in law. Charter Counties The Florida Constitution authorizes counties to adopt a "home rule charter" through several processes, which provides counties with broad flexibility to exercise their powers for non- restricted purposes. The'majority of Florida's urban counties have adopted home rule charters. Charter county governments have the power to impose any charge or tax which a city is authorized to impose. However, home rule authority is limited in that the Constitution precludes all forms of taxation, other than the property tax, except as conferred through general law. Non - Charter Counties Most of Florida's small to medium sized, non -urban counties have not adopted a home rule charter and are more limited in their flexibility and exercise of local powers. Florida's Constitution limits non - charter counties to the powers provided by the Legislature through general or special laws. However, the Florida Legislature has adopted general laws giving non - charter counties essentially the same broad authority and powers as provided to cities. C� A detailed discussion of the Home Rule authority of Florida cities, charter counties and non - charter counties can be found in Chapter 2 of this manual. 1.7.2 State Legislation Impacting Stormwater Programs A number of laws in Florida specifically address stormwater management requirements and establish the authority of cities and counties to establish stormwater utilities. Chapter 125 provides both charter and non - charter counties with four important abilities with respect to stormwater management functions: Establishment and administration of programs for flood and erosion control and drainage Creation of municipal service taxing/benefit units to provide stormwater management services in unincorporated areas ' Power to levy and collect taxes and special assessments for provision of municipal services Chapter 1 Why Establish a Stormwater Utility? Page 1 -35 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 Ability to provide drainage services to any municipality or special district through executed service agreements Chapter 163, known as the Local Government Comprehensive Planning Act, requires that each city and county adopt a broad based comprehensive plan that includes sections addressing water supply, drainage, groundwater and aquifer recharge. The Act requires communities to assess problems, identify needs and establish the facilities that will be needed by the community. Chapter 166, known as the Municipal Home Rule Powers Act, enables cities to enact legislation concerning any subject matter on which the State Legislature may act excepting annexation and specific subjects precluded by the Constitution, county charters or general/specific laws. Chapter 403 provides both cities and counties with three very important authorities with respect to development and operation of stormwater utilities: • Authorization to create a stormwater utility Authorization to adopt stormwater utility fees that are adequate to plan, construct, operate and maintain stormwater management systems • Authorization to create stormwater management benefit areas and subareas within which all property owners may be assessed a fee related to the benefits they receive based upon the size of their property Chapter 403 also requires local governments to consider FDEP's and the Water Management Districts' water resources rules when adopting and updating their Comprehensive Plans. C Chapter 2 of this manual provides a discussion of Florida statutes that facilitate cities and counties in developing stormwater utilities. 1.7.3 Federal Regulatory Programs Impacting Stormwater Programs The Federal government has focused its regulatory attention on a number of aspects of stormwater management which have resulted in increased obligations and costs for Florida's communities as well as long -term flooding reduction and environmental enhancement benefits for Florida's citizens. Chapter I Why Establish a Stormwater Utility? Page 1 -36 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 FEMA Floodplain Management Programs The Federal government's influence on a community's stormwater program has, until recent years, been relatively small and limited to interaction with the Federal Emergency Management Agency (FEMA). Its focus on regulating of development in the 100 -year floodplain and issuing of flood insurance through the Federal Insurance Program. FEMA programs tend to be a voluntary participation process that indirectly impacts a community through the rates that the citizens pay for their individual flood insurance policies. Stormwater NPDES Permitting Program The role of the Federal, government has become more pronounced in Florida since the emergence of the Environmental Protection Agency's (EPA) Stormwater NPDES Permitting Program. Starting in 1990, EPA required many Florida counties and cities to secure Municipal Separate Storm Sewer System (MS4) Permits for their stormwater discharges to waters of the United States. The MS4 Permit focuses on the reduction of pollutant loads discharged from stormwater outfalls and overall improvement of ambient water quality through the development of an integrated process for prevention, reduction and mitigation of pollutant discharges by citizens and governmental functions, and the education of citizens and governmental employees in the areas of stormwater management and pollution abatement. EPA's Stormwater NPDES Permitting Program is not a voluntary process -- it is mandated for designated communities -- and EPA has administrative, civil and criminal penalties for failure to apply for required permits and failure to properly implement issued permits. EPA's program directly impacts a community through the incremental costs associated with new employees for new /enhanced stormwater management programs and additional capital investments required for the modification/r-onstruction of stormwater facilities. 1.7.4 State Regulatory Programs Impacting Stormwater Programs Florida developed several regulatory programs that address stormwater discharges, both public and private, in response to regional flooding and water quality degradation in the 1960s and early 1970s. State Stormwater Permitting Chapter 62 -25 FAC, commonly known as the Stormwater Rule, establishes certain requirements for attenuation and treatment of off -site stormwater discharges. Prior to the development of this rule, most Florida focused communities exclusively on flood control. However, since the Stormwater Rule was adopted, communities have been required to address water quality in a programmatic manner. Cities and counties in Florida that are subject to the Federal Stormwater NPDES Permitting Program have benefited from their earlier attention to water quality and stormwater treatment that was necessitated by FDEP's development of the Stormwater Rule. Chapter 1 Why Establish a Stormwater Utility? Page 1 -37 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 Water Management Districts -Rules In response to extensive flooding in the 1960s, Florida created five 'water management districts (WMDs) that were intended to provide statewide management of flood flows. In the last 25 years, the Water Management Districts have constructed channel improvements and flood control facilities to reduce /eliminate regional flooding from significant storm events and have developed a regulatory program that addresses the attenuation and treatment of off -site stormwater discharges. The current version of this program normally requires communities to secure Environmental Resources Permits which address stormwater management and dredge and fill issues involved with both new facility construction and maintenance of existing facilities. South Florida WMD, Southwest Florida WMD, St. Johns River WMD and the Suwannee River WMD process and issue Environmental Resource Permits. The Northwest Florida WMD, due largely to its lack of taxing authority, does not operate an Environmental Resource Permit program, and projects in this WMD are required to receive permits from FDEP pursuant to Chapter 62 -25 FAC. 1.8 SUCCESSFUL SOLUTIONS REQUIRE PLANNING Establishment of a successful stormwater utility requires a vision of the comprehensive services that the community needs and a well conceived .plan of how to develop and implement the utility. As the old adage points out: If you don't know where you are going, any road will serve you well. Most established stormwater utilities have found that several of the keys to their success included a formalized statement of what the community's stormwater management program will do in the form of a clear vision statement with a focused mission statement and goals, coupled with a carefully conceived action plan for implementing the necessary changes. A number of Florida communities have discovered, too late, that failure to develop these items before undertaking the development of -a utility has resulted in failure. 1.8.1 A Comprehensive Vision Citizen's awareness of stormwater issues and expectations of what their stormwater management systems should do has significantly evolved over the last three decades: • Pre -1970s - Primary focus on flood control, generally tolerant of nuisance flooding with occasional concern about water quality after fish kills or beach closings. • 1970 -1978 - Primary focus on flood control, still tolerant of occasional nuisance flooding, limited awareness of water quality degradation with an occasional concern over water quality related problems. Chapter I Why Establish a Stormwater Utility? Page 1 -38 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 • 1979 -1988 - Trickle -down affect of Area -wide Water Quality Plans adds water quality management as a second area of primary focus with flood prevention/control, higher levels of awareness of ecological impacts and the effects of over - drainage on water supply. • 1989 -1998 - Emergence of EPA's Stormwater NPDES Permitting Program adds new concern about water quality management practices and flood prevention/control as areas of primary focus with emerging concerns interest in watershed approaches for stormwater and water supply management. Political agendas came to include stormwater management issues in response to the evolution of citizens' awareness and concerns. Subsequently, the focus of the community's stormwater management activities changed to align with the citizens' concerns and the political focus of city councils, county commissions, and governing boards of regional regulatory agencies. Further expansion of the community's vision has occurred in response to ongoing comprehensive planning activities required by the Department of Community Affairs through their comprehensive planning regulations which impact all Florida cities and counties. Federal legislation, FEMA's Flood Insurance Program and EPA's Stormwater NPDES Permitting Program, has also served to broaden the vision of many Florida communities by altering the scope and focus of their stormwater management activities. Most of Florida's successful stormwater management programs have formalized their vision in the form of a simple, "big picture" mission statement and a more narrowly defined action that clearly-communicates their vision to the public and staff in terms of goals, annual operations and capital investments. 1.8.2 Creating Mission and Vision Statements Many Florida communities have developed comprehensive visions of what their stormwater management programs are about which typically focus on service to citizens through the management of flooding, the regulation of development, the maintenance of water quality, and the prevention of environmental/ecological degradation through cost effective operations. It is essential to convert the oftentimes fuzzy vision into three distinctly different types of clear statements: Vision Statements Vision statements identify the community's expectations with regard to their investment in stormwater management. Volusia County's vision statement incorporates provides clear direction with respect to five basic stormwater management concepts: Chapter I Why Establish a Stormwater Utility? Page 1 -39 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 The stormwater management program will reduce or eliminate flooding during periods of intense or prolong rainfall. Major roadways will be passable and buildings will remain dry. Standing water, which creates a health hazard or degrades property use or value will be reduced or eliminated. Drainage systems will collect and channel stormwater runoff, retain/detain flows to reduce pollutants before discharge, and recharge the aquifer and/or wetlands when possible to support these resources. Mission Statements Mission Statements set broad general direction for the community's staff and consultants to use in developing long -term stormwater management program components. The City of Tallahassee's a mission statement provides a good example of how a community's basic expectations are tempered with the . realities of allocated funding, public consensus and real - world schedules: To assist the community with defining its priority stormwater management objectives, in the context of physical, environmental and socio- economic concerns, and to develop and implement strategies to address the same, as expeditiously and to the fullest extent possible within the resources the community chooses to allocate to these efforts. Goal Statements Goal Statements provide more specific, performance oriented guidance as to the manner in which the community's staff and consultants are to execute their work activities in order to achieve the intent of the vision and mission statements. . Volusia County's goal statements provide clear direction with respect to three basic goals: 1) Insure the health, safety and general welfare of our citizens by the reduction or prevention of hazards from flooding, inadequate drainage and from contamination. 2) Allocate limited public resources fairly and efficiently by providing a viable and equitable cost sharing mechanism for stormwater management solutions. 3) Provide leadership in Volusia County and for the other jurisdiction through the establishment of a prototype for successful stormwater management today and for the next millennium. General guidelines for creating mission, vision and goal statement are as follows: Chapter 1 Why Establish a Stormwater Utility? Page 1 -40 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 • Understand the Vision - The statement must reflect the community's vision which requires that the people crafting the mission statement. must have the "big picture" views of stormwater management problems and opportunities. • Address Basic Concepts - A statement should focus on the basic concepts of the vision and should not try to be all things to all people. • Keep It Simple - If the statement is to be effective, it must be brief, to the point and strike a chord in the reader. 1.8.3 Creating the Action Plan Most of Florida's successful stormwater management programs have formalized their vision in the form of a mission statement and developed an action plan that translates the broad concepts of the mission statement into concrete actions with a realistic schedule. The basic steps in the action plan, many of which have been discussed in -the preceding sections of this chapter, are generally outlined as follows: • Identify Local Problems at the Community Level • Define Goals and Objectives • Identify Constraints and Limitations • Prioritize Local Problems • Develop A Flexible Long -Term Plan • Develop Consensus • Define the Implementation Process • Develop Funding Every community has its own unique needs, challenges and resources and this realization makes it impossible to define a simple, guaranteed approach that works every time in every community. Combined with a vision of the community's expectations with regard to their investment in stormwater management, these basic steps provide a simple process for moving from vision to reality. 1.8.4 Public Participation and Customer Involvement The best conceived and most logically developed stormwater utility is doomed to fail if it lacks support from the public and the utility's potential customers. The strategy that, has been successfully utilized in most Florida communities is to educate and involve the public, through a Chapter 1 Why Establish a Stormwater Utility? Page 1 -41 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1999 public information program, undertaken at an early stage in the stormwater utility development process. The stormwater utility development and implementation process needs to recognize the public awareness and customer concerns, and while exhibiting similar themes across Florida, are specific and unique in each community. The approach used in developing the Public Information Program (PIP) for a given community typically consists of four fundamental steps: 1) Identifying the key people and target groups that can be 'used to develop support and program advocacy. 2) Selecting,the proper methods and mechanisms for use in reaching the key people and target groups in a politically acceptable and cost - effective manner. 3) Matching the various methods and mechanisms to the identified key people and target groups to assure widespread promulgation of program essentials within the identified program budget. 4) Implementing the agreed upon program in an effective and timely manner. This approach will ensure that the program's objectives -- as defined by a community through selection of media, target groups, program budget and schedules -- will be achieved. Customer Involvement Virtually every landowning citizen/family and business will become a customer of the stormwater utility and it is important to develop procedures to "sound out" the utility's future customers. Citizens advisory committees provide a simple means of acquiring direct input from potential customers on rates, charge algorithms, credit policies, user equity concerns, and similar issues that arise in the development of a stormwater utility. Recognizing and addressing these issues early in the development process can save time and money in the public education program and the'utility implementation process. Public Education Public education can be achieved on many levels but the common objective is threefold: to make the average citizen aware of the cause and severity of the stormwater problems within his community, to make the average citizen understand the potential immediate and long -term benefits that can be derived from the implementation of a stormwater utility, and to either develop support for the stormwater utility or to provide a basis for the average citizen to balance the anticipated benefits against the "unreasonable costs and burdens" that will be raised by opponents of the utility. Public meetings, whether centralized in, the "town hall" style or Chapter i Why Establish a Stormwater Utility? Page 1-42 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 decentralized as a series of "community forums" or neighborhood meetings, provide a direct mechanism to reach the largest portion of the "general public." Selected Constituencies There are several different target groups to be reached with the PIP due to their community power, prestige and ability to influence the outcome of the stormwater utility development and implementation process. These groups can be reached in a variety of different manners depending upon their varying levels of involvement in the ' decision making process. An effective public information program typically includes distinct efforts aimed at individual target groups. Representative categories of selected constituencies which comprise the "general public" that should be included in the agenda of a community's PIP, include: Mass Media Regional Regulatory and Governmental Agencies Local Municipal Governments and Boards • State Regulatory and Governmental Agencies • Federal Regulatory and Governmental Agencies • State Elected Officials • Federal Elected Officials Business Groups and Commercial Interests Environmental Groups Service Organizations • Key Individuals List Experience in Florida communities has shown that each of these selected constituencies play a special role in the successful implementation of a stormwater utility. C Chapter 3 provides a discussion of what can be done to gain community acceptance for a stormwater and focuses on the stormwater task force /stakeholder process and the use of public opinion surveys. 1.8.5 Commitment The process of developing a stormwater utility is not unlike birthing an elephant: it is takes time, it is done with a lot of noise and it can get messy. Communities considering stormwater utilities Chapter 1 Why Establish a Stormwater Utility? Page 1 -43 i Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1999 need to take the time to fully understand their problems, develop a comprehensive game plan, develop consensus, and then commit to completing the process. Detractors of strategic planning have often said that strategic planning is "where the rubber meets the clouds." Successful long -term solutions to a community's stormwater management problems require a vision, a game plan, community involvement, and the commitment to get it done. Perhaps the best piece of advice can be seen on contemporary bumper stickers: JUST DO IT! Chapter l Why Establish a Stormwater Utility? Page 1 -44 Why Establish A Stormwater Utill* 02 .................. E 5 I y W 9 0 ro - C s Chapter 1 Why Establish A Stormwater Utility? by: Stephen R. Lienhart, P.E. Southeast /Caribbean Region Water Resources Manager DAMES & MOORE One North Dale Marry Highway, Suite 700 Tampa, FL 33609 (813) 875 -1115 Florida Association of Stormwater Utilities ESTABLISHMG A STORMWATER UTILITY M FLORIDA CHAPTER 1 WHY ESTABLISH A STORMWATER UTILITY? EXECUTIVE SUMMARY December 1998 Chapter 1 introduces the issue of why Florida communities have developed stormwater utilities through an extensive review of the types of stormwater and water supply problems faced by Florida communities, a brief overview of what a stormwater utility is, and an introduction of the different issues involved in developing and implementing a stormwater utility. This chapter discusses the following topics: Stormwater Management Problems in Florida What is a Stormwater Utility? Benefits of a Stormwater Utility Stormwater Management Opportunities Stormwater Utility Operations Financial Considerations and Institutional Issues State and Federal Legislation and Requirements • Planning Requirements for Successful Utilities Expanded discussions of the key issues that a community will need to wrestle with are found in subsequent chapters of this manual. 1.1 STORMWATER MANAGEMENT PROBLEMS IN FLORIDA Florida is both blessed and cursed with abundant rainfall during most years. Abundant rainfall provides natural irrigation for urban lawns and agricultural activities, replenishes ponds and lakes, maintains flows in creeks and streams, provides essential hydro -period fluctuations in our wetland systems and is essential to the recharge of our regional aquifer systems. However, this same stormwater is a curse because frequent small storms cause pollutants from cars, fertilizers, pesticides and herbicides to enter waterways, and high rainfall intensities and/or large storm event volumes combined with under - designed or poorly maintained drainage systems produce flooding and severe erosion. It is this duality that creates stormwater management challenges for Florida communities. Stormwater problems, unlike water and wastewater concerns, are not steady state operations with flows that are directly related to the community's population. Due to the vagaries of weather, stormwater, stormwater flows are not readily predictable on a daily or monthly basis. If a f reporter were to ask any stormwater manager in Florida to name the community's stormwater Chapter 1 Why Establish a Stormwater Utility? Page t -1 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 management problems it is likely that the list would include flooding, stormwater quality, aesthetics, ecological impacts, increasing Federal and State regulatory pressures and inconsistent funding. This is the litany of stormwater challenges that each community has faced or is currently trying to cope with in order to satisfy citizen expectations. These basic community challenges, recast in operational terms, include the following seven problem areas: • Physical System Capacity • Facilities Maintenance • Regulatory Programs • Water Quality • System Monitoring and Planning • Funding Problems • Community Perceptions Each of these concerns is discussed qualitatively in greater detail in the next seven subsections. 1.1.1 Physical System Capacity Flooding and other drainage problems pose potential impacts for public systems as well as private property, most notably the community's road network and water supply and to some extent the wastewater facilities. Road bases and surfaces are damaged by flooding and saturation. The local water supply is dependent on groundwater recharge, and drainage systems, which facilitate runoff, tend to reduce aquifer recharge. The sanitary sewer system may suffer increased inflow and infiltration during extended periods of high groundwater and surface flooding, overloading the sewers, sewage pump stations, and treatment plants, especially the smaller package plants. Flooding problems are the most immediate indicators of capacity problems in any stormwater management system. The extent and duration of these flooding problems define the severity of the system capacity inadequacies. Communities in Florida have historically experienced flooding problems throughout their community service areas, which are frequently recorded in operational maps as flooding incidences. Recorded flooding locations are frequently just the tip of the iceberg because many flooding occurrences generally go unreported. Florida has experienced periods of explosive development, which have tended to create new stormwater problems and exacerbate existing problems. Development of open lands causes increases in runoff volume and rate, reduction in stream baseflow, and increases in pollutant loads on both annual and event bases. Development frequently causes localized flooding when under - designed conveyance systems are subjected to increased runoff volumes and peak flow Chapter 1 Why Establish a Stormwater Utility? Page 1 -2 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 rates. Water quality degradation occurs in many communities when the untreated or undertreated stormwater flows enter receiving waters and exceed their assimilative capacities. The capacity and construction of many of the older storm sewer systems, ditches and drainage canals is minimal or substandard because less stringent design standards were in use throughout Florida prior to the mid- 1970s. These capacity limitations are further aggravated when infill and redevelopment occur in older neighborhoods. Minor deficiencies become dramatically more important and visible during storms, when increased runoff due to upstream development severely overtaxes facilities whose limitations are of little significance during the dry non -storm periods. A community must consider the potential consequences of allowing such system deficiencies to continue as they formulate policy positions regarding the potential costs and benefits of increasing their scope of operational responsibilities and refine their current growth management strategy. In many parts of Florida physical drainage problems are caused by a combination of very intense precipitation falling on large expansions of flat terrain during periods, of high groundwater. When relatively severe rainfalls occur following extended dry periods they frequently produce little flooding because groundwater levels were low. Conversely, after prolonged periods of rainfall, less intense storms frequently produce flooding due to elevated water table conditions, which preclude rainfall infiltration in the soil. 1.1.2 Facilities Maintenance Stormwater management facilities, whether conveyance or treatment facilities, must be properly maintained in order to operate as designed. Unfortunately, most communities in Florida cannot keep pace with the maintenance demands, which reduce the operational capacity of their stormwater systems. Although many of the chronic drainage problems are a function of basic design limitations, routine maintenance deficiencies are evident in the condition of the drainage systems and the problems, which occur in many communities. - Local drainage problems resulting from a lack of maintenance exist in some areas even during moderate rainfalls. The facilities maintenance problem is long - standing and can be categorized into nine general classes of problems. Q Inadequate Routine Maintenance Routine maintenance is generally defined as those activities that are accomplished on a continual basis within the annual work program and these activities can be categorized as proactive and reactive activities. Proactive work tasks, such as inlet cleaning and ditch mowing, are scheduled and form the basis of the routine work program of the community. Reactive work tasks, such as removing conduit obstructions, are generally necessitated by storm events, inadequate proactive Chapter l Why Establish a Stormwater Utility? Page 1 -3 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 maintenance and citizen complaints. Insufficient routine maintenance has been repeatedly shown to contribute to major and nuisance flooding problems which crop up during the wet season and, in less obvious ways, to water quality degradation, ecological impacts, and loss of natural aesthetics within the community. The ability of many Florida communities to routinely maintain their stormwater management systems at levels that prevent problems is hampered by limited funding and insufficient staffing. In many cases the need for aquatic plant control and remedial maintenance of major structures to prevent outright failure currently takes precedence over routine maintenance activities. Deferred Maintenance Routine maintenance needs have grown steadily since the mid -1970s due to changing regulations, population growth and changing citizen tolerance of minor and nuisance flooding. Maintenance focus has expanded to include yard and roadway swales, local collection and treatment/attenuation facilities, and detention/retention ponds. Unfortunately, maintenance budgets have not been able to keep pace with this growth and stormwater managers have had to reduce and/or eliminate certain maintenance activities in order to balance their annual budgets. Euphemistically referred to as "deferred maintenance," this strategy becomes a slippery slope in many communities that rapidly leads to degraded performance of the stormwater conveyance and treatment facilities. An insidious aspect of the deferred maintenance strategy, when routine maintenance is deferred for too long a period, is that the facility degrades to the point where it frequently can not be restored to its design capacity through maintenance efforts. The community is then forced to spend substantially more money to undertake a capital improvement project for facility rehabilitation/renovation. The resulting performance degradation increases the incidence of minor and nuisance flooding events for typical storms and can dramatically increase the extent and duration of major flooding for larger storm events and hurricanes. As development continues, the likelihood that routine maintenance will be increased enough to stem these problems is relatively low. This results in an increasing level of deferred maintenance and further aggravation of existing stormwater problems within the community. Delegated Maintenance Delegation of maintenance responsibilities for certain types of stormwater facilities is another approach that has been adopted by many Florida communities to cope with inadequate funding for routine maintenance. The maintenance of many minor swales, ditches, and detention/retention ponds is left to homeowner and condominium associations, and private property owners who are poorly equipped in terms of knowledge, skills, and equipment to properly do such work. Field investigations in Florida indicate that these groups are poorly organized, marginally motivated, and often fail to properly maintain on -site stormwater Chapter I Why Establish a Stormwater Utility? Page 1 -4 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 management facilities except where visual impacts or aesthetics are important to the homeowners or condominium residents. Private maintenance of drainage systems, which serve more than a few properties, even small ditches and swales, has not been very effective. Most of the secondary and neighborhood drainage systems that have been delegated to homeowners' associations and similar groups for maintenance are simply conveyance systems offering a relatively low level of service and are not designed to attenuate or control peak flows or reduce pollutant discharge into receiving waters. At the local level the failure to maintain the. facilities results in frequent nuisance flooding, short-term traffic blockages, and rerouting of emergency services. However, continuing lack of maintenance in these sections creates both upstream and downstream problems during storms, when brush and other debris may lodge at inlets or against control weirs and other obstructions in the channels. These local maintenance deficiencies /failures are likely to continue to increase each year and tend to be cumulative over time. Remedial Maintenance Remedial maintenance requirements are generally defined as the repair and reconstruction activities, which are required to forestall or correct failures. Remedial maintenance includes corrective repairs, replacement, and reconstruction of sections or components of inadequate and deteriorating stormwater management systems, short of total replacement of a system. Routine maintenance done at less than a preventive level contributes to accelerated aging /deterioration of physical facilities and increases the level of remedial maintenance required to keep the stormwater management facilities operational. Both the efficiency and effectiveness of normal operations and the life . of the physical systems are compromised when drainage facilities age prematurely due to a lack of preventive routine maintenance Deficiencies in remedial maintenance are fostered by funding and staffing constraints. Structural systems are rarely replaced or rebuilt prior to at least a partial failure, vandalism, and/or obsolescence. Sections of minor secondary swales and ditches that do not receive regular routine maintenance will eventually deteriorate to the point that they will require reconstruction to re- establish a channel profile and flow capacity rather than just routine cleaning. Over the long term, failure to maintain systems will lead to the need for extensive remedial action, not only on those specific facilities, but in other areas as well. Design Precludes Maintenance Standards of design for stormwater management facilities have evolved over the years to include provisions for access that facilitate periodic maintenance. activities. However, many segments of drainage systems, especially detention/retention ponds, ditches, smaller canals and swales, are physically inaccessible for proper maintenance. Many of the smaller drainage systems are not effectively maintained because extensive portions are on private property where easements and Chapter 1 Why Establish a Stormwater Utility? Page 1 -5 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 rights -of -entry are lacking. Generally speaking, only the larger, primary conveyances in most community drainage systems were designed for periodic maintenance. Inadequate System Information Many communities do not have accurate mapping of their stormwater management systems and facilities, or complete and accurate inventories of the public and private drainage systems, their operational condition, and associated easements and rights -of -way. Without such information, it is practically impossible to develop, carry out, and refine a maintenance program capable of preventing rather than reacting to'stormwater drainage problems. Inadequate Inspection of Facilities Another problem in many communities is the lack of inspection or an inadequate inspection program for stormwater facilities. Periodic inspection of facilities identifies problems and provides valuable information regarding the adequacy of maintenance activities. Communities with no inspection program are forced to rely on citizen complaints as a primary source of information regarding the condition of their facilities. The inherent problem with citizen complaints is that most citizens simply do not complain and the information derived from complaints is incomplete, inaccurate and generally unreliable. Insufficient Maintenance Management Systems Cost effective maintenance of stormwater management systems and facilities requires a management approach that schedules weekly work activities based on seasonal conditions, adopted systemwide maintenance frequencies, availability of specialized. manpower and equipment and other similar concerns. Many Florida communities have not had the funds available to analyze their work activities, to evaluate alternate means and methods of work, to develop focused management programs, or to implement performance monitoring systems that are necessary to optimize their dedicated operating budgets. Inadequate Resources All of the preceding problems are related to the capital and operating funding that is allocated to stormwater management activities. If the community intends to effectively operate and improve its stormwater systems, it must assemble the resources to do so. In addition to a need for more operating staff and system improvements, a community should expect to acquire costly equipment to replace /supplement existing units, to maintain existing facilities in proper condition, and to acquire land ownership and/or rights -of- access to facilitate both capital improvements and routine maintenance. Chapter 1 Why Establish a Stormwater Utility? Page 1 -6 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 1.1.3 Regulatory Programs Stormwater discharges of Florida communities are regulated by local regional /State and Federal agencies which are charged with a widely varied set of program goals and mandates. Each year brings higher standards and expectations from the environmentally active public and the regulatory agencies. Federal Programs The Federal government's influence on a community's stormwater program has, until the last 10 years, been relatively small and limited to interaction with the Federal Emergency Management Agency (FEMA) with its focus on regulating of development in the 100 -year floodplain and issuing of flood insurance through the Federal Insurance Program. FEMA programs tend to be a voluntary participation process that indirectly impacts a community through the rates that the citizens pay for their individual, flood insurance policies. The role of the Federal government has become more pronounced in Florida since the emergence of the Environmental Protection Agency's (EPA) Stormwater NPDES -Permitting Program. Starting in 1990, EPA required many Florida counties and cities to secure Municipal Separate Storm Sewer System (MS4) Permits for their stormwater discharges to waters of the United States. The MS4 Permit focuses on the reduction of pollutant loads discharged from stormwater outfalls, and overall improvement of ambient water quality through the development of an integrated process for prevention, reduction and mitigation of pollutant discharges by citizens and governmental functions, and the .education of citizens and governmental employees in the areas of stormwater management and pollution abatement. EPA's Stormwater NPDES Permitting Program is not a voluntary process -- it is mandated for designated communities -- and EPA has administrative, civil and criminal penalties for failure to apply for required permits and failure to properly implement issued permits. EPA's program directly impacts a community through the incremental costs associated with new employees for new /enhanced stormwater management programs and additional capital investments required for the modification/construction of stormwater facilities. Many smaller Florida communities were excluded in Phase 1 of the Stormwater NPDES Permitting Program due to their population. However, the Phase 2 program currently being promulgated by EPA will include most of these communities. Even though the Phase 2 regulations require less effort to develop the MS4 Permit application, Florida's smaller communities will still need to be prepared to expand their stormwater management program and staffing to respond to EPA's enhanced regulatory emphasis on water quality. Parallel with the development of the Phase 2 program. for smaller communities is the NPDES delegation process in which EPA is delegating the operation of the entire NPDES program to the Florida Department of Environmental Protection (FDEP). The delegation process is proceeding Chapter 1 Why Establish a Stormwater Utility? Page 1 -7 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 on a five -year schedule with the delegation of the stormwater components is scheduled for the Year 2000. Coincidentally, this delegation will be completed at the onset of the renewal cycle for the initial MS4 Permits. Comments made by FDEP staff suggest that the form, direction and content of the new MS4 Permits reissued by FDEP may be significantly different than the initial MS4 Permits issued by EPA in the area of unregulated discharge of pollutant loads to receiving waters. State/Regional Programs The continuing degradation of receiving waters throughout Florida has caused great concern with both Regional and State agencies. Freshwater inflows, sedimentation, nutrient loading, biotic uptake and . release of contaminates and some commercial and recreational activities have impacted the water and sediment quality, and delicate aquatic /estuarine /marine and terrestrial habitats of these receiving waters. Consequently, protection and renovation of these receiving waters, and their natural resources and habitats, has become a joint effort among federal, state, regional and local agencies. One of the easily identifiable sources of pollutants is stormwater runoff from adjacent cities. The attention of the Water Management Districts' Surface Water Improvement and Management (SWIM) programs has focused on the stormwater outfalls and regulatory measures designed to reduce the community's discharge of pollutants to receiving waters are becoming a daily effort for stormwater management programs of Florida's communities. Other sources of new regulations include the work of the National Estuary Programs, FDEP's statewide water quality assessment programs, the minimum flows programs of the Water Management Districts, and similar types of regional and area wide water quality management plans. These efforts are producing estimates of Total Maximum Daily Loads (TMDLs) and developing Pollutant Load Reduction Goals (PLRGs) which are finding their way into Federal, State and local permits. Local Programs Development patterns in Florida are such that most communities either discharge to or receive discharges from one or more adjacent communities. Standards for the design and regulation of stormwater systems are different between these communities, and changes in the existing runoff patterns due to development must be negotiated between the communities. Fortunately, many interconnected communities have developed working relationships due to a common lack of adequate funding and the need to work together to solve local problems. In other communities in Florida, where some local agencies have had appreciably more funding than other agencies cooperation and communication have been much more difficult due to the ability for one agency to proceed on its own. Chapter I Why Establish a Stormwater Utility? Page 1 -8 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 New stormwater management requirements and regulations are generated at the local level through community level planning activities and citizen mandates. Florida's Department of Community Affairs requires communities to develop, implement and update a Comprehensive Plan that includes an element specifically focusing on stormwater management. Many Florida communities have also developed new, more stringent requirements for stormwater management and maintenance based upon citizen initiatives originating from localized flooding, degradation of water quality and environmental impacts. It is evident that the increasing mandates of EPA, FDEP and the Water Management Districts, when combined with local citizen mandates for improved .flood control and water quality management, will directly impact the engineering, operational and regulatory functions and related capital improvement investments of Florida's communities in a manner that was undreamed of a decade ago. 1.1.4 Water Quality Physical drainage problems are merely one aspect of the stormwater management challenge faced by Florida's communities. Increasingly complex water quality management and water supply demands add new and rapidly changing dimensions to what has primarily been a relatively straight forward matter of controlling runoff rates and volumes for flood management objectives in past years. Water quality impacts like water pollution in the lakes, streams and estuaries caused primarily by increasing stormwater discharges are less visible problems but are currently becoming important considerations in annual decisions on staffing and capital investments of a community's stormwater management activities. Pollutants in Stormwater Water pollution is a significant drainage problem that must be carefully evaluated in Florida communities. Drainage systems create other physical problems, which are not yet widely recognized, such as water pollution in the canals and in receiving waters. Stormwater from urban areas not only carries pollutants directly into the drainage ditches and canals, it also transfers them downstream toward the fragile estuaries, wetlands and streams. Severe and regionally significant water pollution incidents can occur if hazardous, toxic, or exotic chemicals or materials were spilled or dumped into storm drains, swales, or channels which discharge into a drainage system or canal. A major spill is not required to create a serious water pollution problem. Even runoff from residential properties may carry with it a portion of the pesticides, herbicides and fertilizers applied by homeowners, oil and antifreeze improperly disposed of by home mechanics, as well as paints, paint thinners /solvents and other wastes from home improvement projects. Construction activities can also be a source of many of the same pollutants. While the flat topography and sandy soils in the central and coastal portions 'of Florida reduce erosion and Chapter 1 Why Establish a Stormwater Utility? Page 1 -9 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 sedimentation impacts on Stormwater quality compared to the clay soil areas of the panhandle area, there is still a tendency for some pollutants to attach to soil particles and thus increase the impact of land - disturbing activities. Excessive fresh water entering the brackish environment of the Florida's bays, estuaries and tidal river segments is itself a pollutant to that environment, which depends on a proper saline balance to sustain critically important rearing habitats for fish and wildlife. Equally significant, but.frequently overlooked, are the pollutant loads contributed by agricultural and industrial activities. Modern agricultural practices use fertilizers, herbicides and pesticides to improve crop yields. These chemicals can enter stormwater management systems through agricultural runoff and, to a limited extent, through return flows and excessive irrigation. Stormwater can ,.pick up a wide variety of chemicals as it flows across industrial sites as well as solids that cause turbidity and produce sediments, nutrients, oils and greases, and oxygen demanding substances. Stormwater from agricultural and industrial areas in Florida has been shown to have a significant cumulative impact in rivers, estuaries, wetlands and streams. In addition to these deficiencies, many Florida communities have not specifically incorporated water quality elements into their community's stormwater management program. Few local governments, except those subject to the conditions of a MS4 Permit, have developed stormwater quality programs. Implementation of pollutant load reduction goals through ongoing regulatory and .programmatic activities of the FDEP, National Estuary Programs and Water Management Districts will mandate that cities and counties become more involved in eliminating non -point sources of water pollution in future years. Stormwater Quality Management Florida communities that were required to apply for MS4 Permit coverage pursuant to EPA's Phase 1 program has to prepare system mapping, a baseline water quality assessment and discharge monitoring program to characterize the quality of local stormwater discharges, and- a description of their present and planned operational and capital improvement programs with its management and funding approach. The result of this effort is that these cities and counties now have a better understanding of ambient water quality conditions, annual non -point pollutant discharges and their sources within the community. Engineering standards, operational priorities and practices, and regulatory programs have also been influenced as the permitting process progresses. A community may have to accept additional responsibility for cleaning detention and conveyance systems, oil separation systems, first -flush diversion projects, and other management practices. Erosion and sediment control is another EPA priority for stormwater management. Although not considered a major water resource problem in most Florida communities, EPA requires that construction - related erosion control be addressed through both construction site management practices and discharge permits for larger construction sites. Development in a community is Chapter I Why Establish a Stormwater Utility? Page 1 -10 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 often one of the most visible activities but it is often not being tightly controlled in terms of water quality impacts. This contradiction should be viewed as a clear indication that the community should evaluate the potential water quality benefits of developing new standards for site development and construction that enhance erosion and sediment control practices and minimize /eliminate water quality problems during and after construction. 1.1.5 System Monitoring and Planning Fundamental program and system deficiencies create or worsen the impact of stormwater problems in any community. However, due to a historical lack of staff in many Florida communities, minimal drainage system mapping exists and there is a general lack of records and quantified information about the existing drainage facilities. Complete, accurate, and current data are not available on the size, capacity, age or physical condition of the systems, the status of complaints and inquiries, or needed improvements. Detailed drainage plans exist only for portions of many communities. Many Florida stormwater managers recognize the need for more information to support program planning and work management systems in the future. In many cases, one of the community's key priorities identified is to assemble an accurate and current inventory of the larger components of the drainage system. The smaller swales and ditches which are now managed by the community, and those which are presently treated as a private responsibility, are frequently not addressed in master planing activities which focus on long -term planning for system -wide management, operation and capital investment. This "cost saving" strategy often makes understanding the problems and needs of the existing systems even more difficult because the planning process only addresses a portion of the system. Fortunately, two technological innovations in the last decade have evolved that make monitoring and planning activities easier for local communities. Database development tools have simplified the process and enabled stormwater managers to develop multi - purpose databases on personal computers. The second innovation, Geographic Information Systems (GIS), is a powerful tool for integrating numerous, diverse databases, analyzing data, and presenting the results graphically. These innovations, taken collectively, provide communities with a cost - effective means of mapping, inventorying, monitoring and reporting on their stormwater management systems and facilities. 1.1.6 Funding Problems Lack of a stable, reliable and predictable source of funding limits the stormwater management programs in communities throughout Florida. It is evident in many communities that the priority accorded drainage system planning, operation and capital investment in recent years does not represent an adequate financial commitment to correcting existing problems or preventing new ones. Existing sources of funding in many communities, primarily from property taxes, must meet other pressing needs in addition to stormwater control. Continuing growth in Florida Chapter 1 Why Establish a Stormwater Utility? Page 1-11 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1999 communities poses increasing demands for all types of public services, many of which are supported wholly or largely from property taxes. In times of growth, these other needs effectively limit funding for stormwater management, drainage improvements and operations. The stormwater management program faces an increasingly difficult challenge in competing for funding in the future. It is unrealistic to expect that additional resources will become available for drainage at the expense of other community priorities, such as crime prevention, without some regulatory mandate by Federal, State and regional regulatory agencies. The current levels of drainage funding in many Florida communities prevents them from developing a comprehensive, cohesive and coordinated drainage program, especially in light of the emerging and future drainage program needs. Communities throughout the State have recognized that stormwater maintenance and operations need to be upgraded, hazard mitigation improved, drainage master planning efforts authorized and adopted, major capital improvements built, aquifer recharge zones protected by acquisition and regulations, and water quality programs developed. These activities will require increased annual funding for the additional staffing required to accomplish these objectives, and capital outlays will be required for equipment, land acquisition and construction projects. If future needs are to be met by many Florida communities, either a reallocation of existing financial resources will be required, or new source (or sources) of funding must be developed to finance the stormwater management program. The bottom line is that the present level of funding for drainage programs is insufficient in many communities to carry out effective day -to -day operations, much less build major capital projects and acquire Iand and easements. Water and wastewater management are separately funded as enterprise utilities, and road improvements are funded primarily through gas taxes, thus avoiding direct competition with the General Fund and other programs supported predominately through property taxes. Florida communities must carefully consider enterprise financing methods for stormwater management, comparable to water and wastewater utilities, if they are to achieve a funding level for their stormwater management programs that is adequate to address the problems which have been identified in the foregoing sections. Two characteristics of the enterprise fund approach are that the revenues generated are dedicated to stormwater management activities and that the revenues generated are directly related to the operating costs and capital investment program of the community's stormwater management system. 1.1.7 Community Perceptions The public's perceptions will dictate the basic viability of any strategy to build water resource management improvements and enhance the community's operational program. In most Florida communities, at any given time, a large segment of the general public.lacks an understanding of stormwater problems and needs in the community. Many residents live in areas that do not Chapter 1 Why Establish a Stormwater Utility? Page 1 -12 Florida Association of Stormwater Utilities ESTABLISHMG A STORMWATER UTILITY IN FLORIDA December 1999 1 suffer drainage problems, and are not exposed to the traffic and other problems that deficient drainage creates. Stormwater management studies completed in the past decade in many Florida communities could, if implemented, raise community awareness of stormwater issues and the physical components of the stormwater management systems thereby partially alleviating the perceptual problem. Most stormwater managers generally recognize that public perceptions are difficult to precisely assess, respond to, and alter. Factors which may influence public perceptions of stormwater in the community area include: • Cyclic weather patterns and fading memory of recent storm events and specific flooding problems • New and seasonal resident's lack of experience with local stormwater management problems and issues • Lack of public understanding of the need for a comprehensive stormwater management program • Limited public understanding of the interaction of the . community's stormwater management program with those of the Water Management Districts and other agencies • The inherent complexity of an effective drainage program and financing strategy • Timing expectations Each of these aspects of the public perception problem is discussed in more detail below: Cyclic Weather Patterns One problem that affects the public's perception of the need for stormwater system improvements is cyclic weather patterns. Florida has experienced extended periods of dry weather, often lasting for several years, which in many portions of the State have been characterized as droughts. These dry weather periods focus public attention on water supply issues, problems in the wetland environments, and wildfires, which divert attention from the ongoing need of the community's existing systems. Unfortunately, both maintenance and capital investment in stormwater system improvements will be needed again when the rain returns during normal weather. Chapter I Why Establish a Stormwater Utility? Page 1 -13 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA New and Seasonal Residents December 1998 Most new Florida residents are probably unaware of drainage problems, which can occur in their immediate areas during severe storms, or of the.potential impacts on transportation and other urban systems. Because they have not yet been directly impacted, they may be neither knowledgeable of nor interested in stormwater management. Lack of perception of drainage problems is compounded in communities with seasonal residents who are typically absent during the wet summer season. Despite the annual threat of hurricanes, tropical storms, and frequent thunderstorms, the greatest obstacle facing most Florida communities may be convincing the citizens that sufficient stormwater problems exist to merit additional attention and money. Unless they are directly impacted by drainage problems, people are not likely to readily perceive them. Peoples' memories of minor floods dim almost as rapidly as water recedes, and a substantial public involvement effort may be needed to develop . support for increased community stormwater funding. Even if the basic issue of whether problems exist can be resolved, a community's lack of understanding of their complexity and overly optimistic expectations of how quickly they can be solved will probably remain. Need for Comprehensive Stormwater Management Approaches Communicating the need for and benefits of a comprehensive stormwater management program to the Public is not an easy task. Florida communities face a difficult and on -going twin focus challenge: first to inform the community of the need for a comprehensive drainage program and, second, to generate support for community wide stormwater management activities. A truly comprehensive stormwater management program is a difficult operation to develop because it usually is a significant departure from the community's current operational philosophy which, due to long -term funding constraints, has been to limit the extent of its responsibility to as few components of the system as possible which typically focus on the large ditch systems in the community. Stormwater's_Impacts on Other Community Programs The relationship of stormwater management to the community's other programs must be considered in the community's long -term plans. The need and justification for better stormwater management is based at least partially on the pervasive and costly long -term impacts that inadequate stormwater management will have on other programs and systems undertaken by the community. The impact of stormwater problems on streets, emergency services, public health and safety, water and wastewater systems, and water quality in receiving water bodies must be communicated to both the residents and the business community. Chapter. I Why Establish a Stormwater Utility? Page 1 -14 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA Need for a Programmatic Approach December 1998 Most Florida communities have recognized the need to implement a programmatic approach to stormwater management as opposed to the project -by- project approach. The internal strategy of the programmatic approach is to develop a long -term program composed of "building blocks" of comprehensive and cohesive program elements, while at the same time meeting the community's immediate demands for solutions to specific problems through construction of facilities. A reasoned and well - planned approach will ensure that continuity is maintained through a developmental process that must necessarily span several years. Complexity of Operating and Financing Programs for Stormwater Management The mandates of the current Growth Management Act and its successors may pose a potential compliance problem which will build pressure for timely action of stormwater management issues. Most Florida communities can implement improvements in maintenance programs and regulatory controls within a year or two and construct a few capital projects relatively quickly. Nevertheless, the community's ability to construct major capital projects may depend on *its ability to. finance a package of drainage improvements, in which drainage must be measured against other priorities. Timing Expectations Timing expectations will pose a significant consideration of the comprehensive stormwater management program. Most Florida communities are challenged to step up and deliver projects that can be quickly implemented immediately after a significant flooding event, when the citizens are demanding and willing to pay for stonnwater program improvements. The public expects quick solutions to most problems, and their patience is extremely tested by the lengthy process involved in improving the stormwater management program. Most Florida communities need 3 to 5 years to complete detailed basin studies, facility designs, regulatory review and permitting, established bidding processes and normal project construction schedules. Florida's stormwater management programs need to develop a package of low cost, short-term and highly visible capital improvement, maintenance, and mitigation projects which can be accomplished in several years after a major flooding event to demonstrate progress even while a broader stormwater management program is being developed. Full implementation of a comprehensive stormwater management program in the community will require much longer than most people anticipate because some of the program elements are dependent on others. The first key stop is to broaden community understanding of and support for better stormwater management generally, including consideration of water quality and water supply priorities. Stable and adequate funding must be established which ensures that subsequent steps can be achieved. Chapter I Why Establish a Stormwater Utility? Page 1 -15 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA 1.2 WHAT IS A'STORMWATER UTILITY? December 1998 Stormwater utilities are a relatively recent development in municipal stormwater management. The first were developed in Colorado and Washington in the early 1970's. More than 20 cities and counties established utilities in Washington, Oregon, Colorado, and Utah by 1980. Because stormwater management has traditionally been among the most difficult programs for local governments to fund, the concept of a stormwater utility -- an enterprise fund that could provide stable funding for stormwater operations and capital projects quickly spread to other regions. During the 1980s stormwater utilities were established in cities and/or counties in Ohio, Oklahoma, Utah, Michigan, Minnesota, Kentucky, Montana, and other states. In 1981 the City of Tampa was the first Florida community to conduct a detailed assessment of the feasibility of using a stormwater utility for improving service, maintaining their existing system, and, funding future capital investments. However, Tampa decided not to adopt a stormwater utility to fund its stormwater management program. In 1986 the City of Tallahassee was the first Florida community to actually develop and implement a stormwater utility. Stormwater utilities have flourished since 1986. The most accurate information on the number of stormwater utilities in Florida is available from the Florida Association of Stormwater Utilities (FASU) stormwater utilities survey, which is conducted every two years. FASU's 1997 Stormwater Utility Survey is included as Appendix A of this manual. Information reported to FASU indicates that there are 91 established stormwater utilities within the state. To date the vast ma. ority, 93% of all Florida stormwater utilities (85 utilities) have been established by cities to serve municipal residents while the remaining 7% (6 utilities), have been developed by urban counties to serve residents of unincorporated areas. Curiously, after a decade of steady growth, no new stormwater utilities were established in 1996 or 1997. C� FASU s 1997 Stormwater Utilities Survey presents a wide variety of . -information on the utility characteristics, fees and rates, stormwater program operations and public information activities of Florida's stormwater utilities based upon responses received from 53 communities and is located in the Appendix of this manual. 1.2.1 The Stormwater Utility Concept The nature of stormwater management has changed dramatically since the first stormwater utilities were formed. Historically, stormwater management (drainage) programs were narrowly defined and focused generally on water quantity control (flooding) issues. Local environmental quality concerns played a role in the development of some stormwater utilities (perhaps most Chapter 1 Why Establish a Stormwater Utility? Page 1 -16 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 notably in Bellevue, Washington), but the predominant issues in most communities were flooding and erosion problems. Similar situations and concerns exist in Florida. Chronically limited funding for capital investments, operation and maintenance of Florida stormwater management systems, combined with recent emphasis placed on stormwater quality management by the emerging Federal extension of NPDES permitting to stormwater discharges, dictates that Florida communities secure stable funding and develop new and innovative financing strategies for their stormwater management programs. The essence of a stormwater utility is summarized in the following concepts: Focused - Mission Oriented Stormwater utilities are frequently founded for a particular purpose such as improving drainage within the community. However, other issues such as water quality improvement and environmental management may be included in the initial charter of many utilities, or included in an expanded charter after the utility has operated for a few years. Enterprise Orientation Most stormwater utilities are designed to provide the majority of is community's stormwater funding thereby off - setting other funding sources such as the General Fund. FASU's 1997 Stormwater Utility Survey indicated that utility revenues provided 80% of the operating budget and 75% of the capital construction program funding within the surveyed communities. Sustainable Revenues Revenues generated by stormwater utilities are. constant and gradually increase with the community's growth. The average monthly stormwater utility rate reported in 1995 for the 53 that responded to the FASU survey established utilities varied from $0.50 to 7.43 per billing unit and averaged $3.07 per unit, which equated to average revenue of'about $2,170,000 per year. Comparison of average utility rate changes between 1995 and 1997 for 36 Florida utilities indicates that 11 utilities had increased their rates, 4 communities had decreased their rates and the majority, approximately 60 %, remained unchanged during the two -year period. Rate Methodologies There is a general continuity in stormwater utility service rate methodologies -- no single method is used in all applications -- nor does one appear to be suitable or appropriate. The most commonly used stormwater rate methodology, used in over 90% of Florida communities, is based on the amount of impervious area. Chapter I Why Establish a Stormwater Utility? Page 1 -17 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 C�_ A more detailed discussion of rate structures, their development and equity of cost distribution methodologies is located in Chapter 4 of this manual: Exemptions Not all properties within Florida communities are charged for stormwater utility services. Most utilities grant exemptions to certain types of properties based upon their ownership, level of development, quality of runoff, extent of community use and other considerations. The most common exemptions are for streets/highways, undeveloped property, agricultural areas, railroad properties and. parks. Many utilities also exempt government properties and those properties related to school districts, special districts, and similar public functions. Credits Many Florida utilities recognize runoff attenuation and water quantity treatment benefits from certain development practices on private properties and give the property owners credits against their utility service charges. The 1997 Stormwater Utility Survey found that possible credits ranged from 20% to 53% of the bill with an average reduction for properties receiving credits of about 30 %. Billing & Collection of Utility Fees Adding the stormwater utility bill to existing monthly bills for other utility services provided is the most common billing process, used by over 80% of Florida stormwater utilities, because it reduces billing and collection costs. About 11% of the utilities add the stormwater utility charges to the annual property tax bill, with the remain utilities opting for other methods. Revenue capacity depends primarily on whether undeveloped as well as developed properties are charged, and whether the community charges itself for streets and other public properties. Cities with more mature stormwater programs have higher service charges than those just beginning to develop their programs. Q A more detailed discussion of alternative billing structures, methods for computing user fees, data collection and database development concerns is presented in Chapter S of this manual. C� Chapter 6 provides an in -depth discussion of billing, collection and enforcement methods that have been used in Florida for establishing a stormwater utility. Chapter I Why Establish a Stormwater Utility? Page 1 -18 `F Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA 1.2.2 Focus of A Stormwater Utility December 1999 Stormwater utilities are commonly based on improving a community's ability to meet a variety of objectives, such as funding improved maintenance and capital investments, to improve flood management abilities while also reestablishing/rehydrating wetlands to take advantage of their natural treatment abilities to improve water quality prior to discharge to delicate estuarine waters. Florida stormwater utilities commonly focus on several of the following services: • Capital Projects for Improved Flood Control • Enhanced Maintenance for Improved Flood an d Pollution Control • Capital Projects for Water Quality Treatment • Water Quality Management • Capital Facilities that Induce Groundwater Recharge for Water Supply • Ecological Preservation • Systemwide Planning • Regulation and Enforcement Activities • MS4 Permit Compliance However, some utilities focus on addressing a single objective . such as water quality improvement. 1.3 BENEFITS OF A STORMWATER UTILITY Stormwater utilities require a commitment of time and resources to develop and implement, but what are their benefits? This important question can be answered from two different points of view. The first answer is from the perspective of the elected representatives and senior managers who are responsible for annual funding of the community's stormwater management program: • New Funding Source - Revenues generated by stormwater utilities can be used as a new source of funds to supplement the community's current stormwater management funding. • Supplemental Funding Source - Stormwater utility revenues can be used to replace current general fund/ad valorem tax funding which enables the tax based funding to be used for other community needs. Chapter I Why Establish a Stormwater Utility? Page 1 -19 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1999 • Sustainable Revenues - Revenues generated by stormwater utilities are constant, tend to gradually increase with the community's growth, and can be gradually increased through rate hikes and increasing/imposing special user fees. • Bondable Revenue Stream - Bonds for capital improvements can be issued to facilitate constructing stormwater management facilities . because the revenues generated by stormwater utilities can be used to pay back bonds. The second answer is from the perspective of the technical individuals responsible for daily operations and has three key components: • Programmatic Stability - The community's stormwater management program will tend to operate on a stable basis which supports staff stability, continued levels of maintenance operations, and continuity in CIP programs since stormwater utilities have stable revenues. • Long -Term View - Stormwater managers are allowed to adopt a longer view in planning for capital investments, undertaking maintenance enhancement, and developing staff since they are not operating in a year -to -year funding environment with no certainty of follow -on funding in successive years. • Facilitation of NPDES Compliance - Communities that are regulated under the Federal NPDES Stormwater Permitting Program are more readily able to comply with the specific permit conditions requiring the development of funding for annual operation of the Storm Water Management Program that is contained in their MS4 Permits. It is obvious that a stormwater utility can provide a community with numerous, continuing benefits that amply compensate the initial effort and costs of stormwater utility development and implementation: Were this not the case, it is unlikely that over 90 Florida communities would have undertaken their development and implementation. 1.4 STORMWATER MANAGEMENT OPPORTUNITIES IN FLORIDA Comprehensive management approaches• for stormwater management systems in Florida's communities also offer the community a number of opportunities for implementing integrated management program components that can conserve precious water resources. 1.4.1 Surficial Aquifer Recharge Enhancement A number of Florida communities obtain their raw water supply from shallow, unconfined surficial aquifers, which underlie these communities. The aquifer is recharged locally by rainfall that percolates through the highly permeable soils in the remnant dunes. These local aquifers Chapter 1 Why Establish a Stormwater Utility? Page 1 -20 Florida Association of Stormwater Utilities ESTABLISHMG A STORMWATER UTILITY IN FLORIDA December 1999 overlie the Floridan aquifer, which has a significant level of chlorides in many coastal areas. The ability of the surface aquifer to provide high quality raw water is limited by the amount and quality of recharge it receives. Local studies in some coastal communities have shown that the drainage system overdrains the surficial aquifer through deep ditches cut below the water table, drainage practices which quickly remove runoff from the recharge areas and isolation and/or development of natural wetland areas that provided long -term recharge of the surficial aquifer. A variety of structural and non- structural remedial solutions are available that can integrate the needs of effective stormwater management with long -term water supply needs. Coastal communities should include consideration of the intimate relationship between water supply and stormwater management system design during the development of remedial drainage solutions that reduce overdrainage of the surficial aquifer and enhance surficial aquifer recharge opportunities. While stormwater management is not the answer to meeting long -term water supply needs, it can be a significant component in an integrated water supply program. 1.4.2 Water Quality Treatment Federal, State and local environmental and water quality concerns for receiving waters -- freshwater bodies and rivers, coastal estuarine areas and marine waters --'will continue to bring increasingly more stringent water quality discharge regulations to bear on the community's stormwater system. An additional concern in many Florida communities is the quality of water, which is recharging the surficial aquifer system that serves as their water supply. Communities should view their comprehensive stormwater management program as an opportunity to "get ahead" of the looming water quality regulatory programs by master planning, designing, constructing and operating a variety of stormwater management facilities which effectively attenuate flows while simultaneously providing suitable water quality treatment. This approach can provide flood control while also meeting water quality needs. As has been demonstrated with so many municipal programs, the cost of including preventative measures in facility planning and design is substantially less than the cost of adding remedial features after construction. 1.4.3 Wetland System Restoration Many Florida communities have a significant number of natural wetland areas within and adjacent to their community limits which, to varying degrees, have been impacted by development activities over the last 50 years. These wetland areas serve four significant purposes: Chapter 1 Why Establish a Stormwater Utility? Page 1 -21 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 Natural stormwater attenuation and retention which can reduce the size of remedial conveyance systems • Natural stormwater treatment which enhances discharged water quality enhancement • Natural recharge of the surficial aquifer systems Aquatic and terrestrial habitat for environmental quality enhancement Many communities have already recognized the value of these wetland systems in their community planning and development regulation processes. These communities can take advantage of opportunities to integrate wetland preservation and remediation concepts into their integrated water resources (stormwater and water supply) management master planning and design activities. In this way, a community can assure the survival and integrity of its important wetland systems. 1.4.4 Development of Joint Use Facilities As suggested in the preceding discussions, the opportunity exists for Florida communities to develop a number of joint use facilities (JUFs) that can serve a. variety of purposes. The implementation of this philosophy in a community's planning will provides a significant step in meeting the goal of maintaining and improving the quality of life. The opportunities for developing JUFs for stormwater management, water supply and wetlands preservation are obvious. 1.5 STORMWATER UTILITY OPERATIONS A functional requirements analysis identifies what the community's stormwater management program needs to accomplish to overcome problems and meet identified needs. The "functional requirements" include support activities and expenses directly related to various operational functions (such as administrative oversight, logistical support, and computer time) as well as the work activities themselves. Stormwater management services are not always provided by a centralized stormwater management division. Numerous Florida communities achieve their stormwater management objectives through the actions of a number of different departments. Five basic categories of functions are provided within the context of a stormwater management program, and the categories are comprised of related work elements. The functional requirements are divided into the following categories: Administration Chapter 1 Why Establish a Stormwater Utility? Page 1 -22 1 Florida Association of Stormwater Utilities ESTABLISHING A.STORMWATER UTILITY IN FLORIDA December 1998 • Engineering Operations Regulation Capital Improvements Each category is divided into closely related groups of activities in the detailed analysis, which follows. Many of the tasks are similar or common to more than one category, and numerous overlaps exist. Some tasks might be placed in more than one category, but the overall fabric of the stormwater management needs in a community is properly represented by the list of functional requirement categories. Stormwater management involves a wide variety of on -going operations including program administration, planning, engineering, facilities operations and maintenance, monitoring, permitting, enforcement,. and public education. 1.5.1 Program Administration Seven subgroups of administrative functions and types of support expenses, including those associated with financial management and program development, are generally included under the category of program administration activities: ' General Administration Secretarial and Clerical Support Financial Management Program Planning and Development Capital Outlay and Overhead Expense NPDES Compliance and Reporting Public Awareness and Involvement These activities, and occasionally the billing and collection of fees, are described as administrative functions. Overhead and logistical expenses (space, telephone, utilities, etc.) and capital outlays for office furniture and fixtures not attributable to other functions are also identified under the administrative category. Capital outlay and overhead costs are normally classified as "non- functional" aspects of the stormwater program in the sense that they are not work activities that are directly related to a specific function but are common to all functions. However, they are required for general support of the program, and this category is simply the most suitable one in which to group them. 1.5.2 Planning and Engineering Chapter 1 Why Establish a Stormwater Utility? Page 1 -23 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 The technical functions, engineering and planning, are directly influenced by stormwater master plans, basin studies and siting and sizing of the conveyance and treatment components of the stormwater management systems. These functions continue to be essential work elements as improvements are made to the community's program. The technical functions are grouped into eight categories: ' Surveying and Documentation of Existing Conditions • GIS Development and Operations • Facilities Mapping and Inventories ' Stormwater Management Master Planning/Basin Planning • Water Quality Planning and Engineering ' Design and Field Engineering • Hazard Mitigation ' Support Requirements Most of the planning and engineering activities for stormwater management are related to project design and construction, negotiation of permits, and coordination of operations and maintenance programs. 1.5.3 Regulation and Enforcement Individuals as well as developers, agricultural interests, and large companies contribute to the need for better regulation of the stormwater systems, suggesting that another facet should be incorporated into a community's regulatory program specifically to control and mitigate the general public's actions. Homeowners dump grass clippings, brush trimmings and other debris into drainage ditches and swales, which either be removed by maintenance crews so it does not contributes to pollution and blockages in downstream reaches. Home mechanics dispose of crankcase oil, antifreeze, and other wastes into stormwater systems, causing water quality impacts. Public education has proven to be effective in reducing the impact that individuals have on stormwater systems, but increased regulatory enforcement is also needed. Regulation and enforcement functions included in a community's stormwater program are separated into six distinct categories: ' Permit Administration • Inspection of Construction Activities • Code Development and Enforcement Chapter 1 Why Establish a Stormwater Utility? Page 1 -24 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA • Private Stormwater System Regulation • Floodplain Management • Monitoring of Stormwater Discharges and Receiving Waters December 1995 Experience in Florida communities has shown that regulatory efforts are among the most cost - effective and productive stormwater control measures. Regulations can be developed more quickly than capital projects, are less expensive than increased maintenance, tend to reduce the causes of problems quickly if vigorously pursued, and are permanent when applied consistently and repeatedly. 1.5.4 Maintenance Operations Maintenance operations, both routine and remedial, must be undertaken by a community if it intends to keep its stormwater infrastructure operational at or near its design capacities. Routine maintenance includes the normal cleaning activities required to keep the stormwater management systems in proper condition. Remedial maintenance involves repair and reconstruction short of total replacement, enlargement, or construction of entire stormwater systems. Remedial work is typically done as parts of systems deteriorate due to aging or are damaged. Both routine and remedial maintenance are required to ensure that the systems work as effectively as possible when storms occur. The ten primary work tasks and related support activities included under the operation category include the following headings: • Operations Management • Routine Maintenance • Remedial Maintenance • Erosion and Sediment Control • Emergency Response Operations • Water Quality Operations • Street Sweeping • Litter Control • Spill Response /Containment • Support Services The integrity of any stormwater management system to operate at Level of Service (LOS) adopted by the community lies in a combination of proper sizing and design and a suitable level of facilities maintenance to assure that the system components function as originally designed. Chapter 1 , Why Establish. a Stormwater Utility? Page 1 -25 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 Many communities in Florida are unable to meet their LOS goals due to undersized facilities constructed prior to 1980 and the inability to adequately maintain existing systems. 1.5.5 Capital Construction Most Florida communities have significant planned, deferred and future needs for stormwater system capital improvements. These needs are generally in the form of capital improvement program projects for conveyance improvements, treatment facilities, and reconstruction of aged and deteriorated components of the existing system which have been identified through master planning and basin studies. Major types of capital investments and other capitalized expenditures that are required in a community have been summarized in five general categories: ° Strategic Detailed Basin Studies ° Major Capital Improvements ° Minor Capital Improvements ° Land Acquisition ° Easements, and Rights -of -Way Acquisition Given the range of stormwater management and flooding problems evident in many communities, it is clear that both major and minor capital improvements are needed. G Additional information on the administration of a stormwater utility including discussion of organizational and staffing issues, mission statements and a case study of the City of Tallahassee's stormwater utility is presented in Chapter 7 of this manual. Chapter 8 provides information on a variety of sources for technical assistance .that is available to communities considering the development and C� implementation of a stormwater utility. 1.6 FINANCIAL CONSIDERATIONS AND INSTITUTIONAL ISSUES Development and implementation of a functional stormwater management program requires more than a concentrated Public Works effort. It also involves many different aspects of a community's governmental structure, and impacts financial operations and existing institutional systems. 1.6.1 Financial Considerations Chapter 1 Why Establish a Stormwater Utility? Page 1 -26 _ Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 t The financial considerations associated with developing and implementing a stormwater utility are an area that require careful attention. Given a utility's ability to generate operating and capital investment funding, it is important to address the basic financial considerations which will establish the feasibility of the utility within a given community. Data Acquisition/Development Costs Cost of data acquisition and/or development is one of the most important considerations in selecting a preferred stormwater service charge rate methodology. Two types of data are needed for a stormwater utility: (1) information on the appropriate physical parameters on each parcel of property subject to the billing, commonly referred to as the master account file, and (2) information which allows the bill to be delivered to the proper party and receipts to be properly accounted for which is defined as the billing file. Many cities and counties have selected their preferred stormwater rate methodology primarily because of the ready availability of data in their files or their ability to deliver a bill efficiently through one mechanism or another. How that can best be accomplished is closely related to the suitability of various existing data bases and data management systems. Master Account File - Because the primary data parameters for a stormwater service charge. are usually associated with conditions on individual properties which influence the quantity and quality of stormwater runoff, many Florida communities have found that the County Tax Assessor's data files are a potential source of information. Attributes such as the gross area of the property and the square footage of buildings and paved parking areas. are routinely gathered through the tax appraisal process and are considered in determining the valuation of properties. This same information is used to determine the amount and quality of stormwater that is discharged from a property. If existing data can be used, the community can realize a substantial savings in both direct expense and time, which translates to faster implementation of a revenue stream. Data Coverage, Completeness and Quality Assurance - Unfortunately for Florida communities, County Tax Assessor data requirements for valuing properties do not specifically parallel those of a stormwater master account file, and tax files do not necessarily contain the information required in a stormwater file. The key question with regard to possible use of this information for stormwater service charge ratemaking and subsequent customer billing is whether the data in the Assessor's file is sufficiently complete and accurate to allow a master account file to be efficiently generated through data processing procedures. If large gaps exist in the Assessor's data, or the data is inconsistent from property to property, out of date, only approximate or simply inaccurate, the cost of refining the data, performing quality control, and correcting errors in the Assessor's data file may be greater than assembling a master account file for the same _ Chapter 1 Why Establish a Stormwater Utility? Page 1 -27 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 parameters through a separate measurement process. An independently generated master account file would assure total coverage and provide opportunities to carefully monitor the quality of the data, and offer other advantages for the community which might outweigh its cost. • Billing Systems - A second database often required in the development of a stormwater service charge and for delivery of bills is a utility billing system. Most communities prefer to modify an existing utility billing system that they operate as the base for a stormwater service rather than use the property tax billing system and data files, so this approach has predominated in cities throughout the country. • Database Maintenance - The cost of upkeep for the master account file and the billing file is a function of the number of accounts, the number of data parameters, and the process that must be employed. The number of accounts and data parameters is determined by the selection of a rate methodology. The process used by the community for implementation and upkeep is a subject of choice, but experience has demonstrated that substantial savings can be realized by making the work a data processing task rather than a property measurement task. The obvious implication is that suitable data must be identified and a means of using it developed if the savings are to be realized. 4 A more detailed discussion of billing alternatives, methods for computing user fees, Master Account File data collection and database development concerns is presented in Chapter S of this manual. Utility Rate Structures A matrix of funding methods exists which encourages consideration of many combinations. A community should not examine the relative benefits of four or five specific service charge rate structures, but 'should instead define a total funding concept consistent with its perspective of an appropriate rate structure. The umbrella of a service charge rate structure provides excellent flexibility for incorporating other funding methods, which fit the context of the program and recognize the community's changing needs. It is quite common for full implementation of the various funding mechanisms that a community may elect to use to take five or more. years which is consistent with the transitional development and evolution of the community's stormwater management program. Most Florida communities find that service charges will be the primary funding source for their stormwater management program. Service charges are the only option that have a practical and realistic prospect of meeting the combined capital and operating revenue needs of most communities. The five service charge rate concepts that are.commonly used include: Chapter 1 Why Establish a Stormwater Utility? Page 1 -28 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA • Rates based solely on impervious area of individual parcels. December 1998 • Rates based on impervious area and the percentage of imperviousness (assigned to ranges) of individual parcels, .with a schedule of charges per unit of impervious area. • A rate structure based on gross area and the intensity of land use /development of individual parcels, using land use codes in the County. Assessor's property tax file as a basis for assigning the intensity of land use /development. • Rates based on impervious area and gross area of individual parcels, using different charges per unit of impervious and gross areas to create a balance of charges for improved versus unimproved land. • Rates based only on gross area of individual parcels, but incorporating several modifying factors to account for runoff rates and quality. Stormwater rate structures employing impervious area as the sole parameter for calculating charges have been used for nearly 15 years and are technically well accepted. Most Florida communities' implementing stormwater service charges have used the impervious area. rate methodology because it is directly related to runoff volumes and chronic flood control problems. Analysis of stormwater quality data gathered during the National Urban Runoff Program (NURP) suggests that impervious area is also the most dominant factor in pollutant loadings present in stormwater, which directly relates to a community's water quality objectives. Rate concepts which broaden the funding base by imposing service charges on undeveloped as well as developed lands are carefully examined because that would add to the rate base. A number of modifying factors can be applied to the basic rate structure options to customize them to meet a community's specific needs. The primary objectives of using factors which modify a basic stormwater service charge rate structure are to: (1) improve the overall equity of the financing mix; (2) improve the community's operational and regulatory programs more quickly by generating additional revenue; and (3) reduce implementation and upkeep costs. Modifying factors which might be appropriate in Florida communities include: • A flat -rate charge for single - family residential properties. • A base rate for certain costs of service, which are relatively comparable for all stormwater management accounts. Chapter I Why Establish a Stormwater Utility? Page 1 -29 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 • Basin - specific surcharges or additions to the service charges for major capital improvements, segregating these expenses from operating costs and allocating them to the properties in the watersheds served by the facilities. • Credits against the monthly service charge for properties, which have on -site detention or retention systems. • A water quality impact factor that recognizes the differences in water quality impacts and annual pollutant load contributions from different land uses. • A development and land use factor that would reflect the impact of development and land use on quantity and quality of stormwater discharged to the public systems. • A level of service factor that recognizes that, the level of stormwater service provided to different parts of the community varies considerably and will continue to vary in the foreseeable future. The purpose of these modifying factors is not to simply generate revenue -- the additional revenue that is created is often incidental to the greater regulatory role that the stormwater management program will play in the future through controls on land use, site discharge, and private maintenance actions. In fact, a credit for on -site detention reduces rather than increases revenue capacity. The advantages gained using these factors must be weighed against the disadvantages they entail in terms of gathering and maintaining data. C� Chapter 4 of this manual provides a detailed discussion of rate structures, their development and equity of cost distribution methodologies is located. Secondary Revenue Sources Florida communities are examining a variety of secondary funding methods, not directly related to the service charges, as a means of generating additional charges to certain customers who receive special services and applying special charges to equalize financial participation among properties over time. These secondary funding methods would be incorporated directly into a service charge rate structure rather than established separately. Examples of secondary funding methods include: • System Development Charges to equalize the financial participation in capital investments among ratepayers served by the systems at different points in time. Chapter 1 Why Establish a Stormwater Utility? Page 1 -30 Florida Association of Stormwater Utilities ^� ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 • Plan Review and Inspection Fees to recover a portion of the costs that the community expends to review development plans and inspect projects under construction to assure compliance with standards. • Special Service Fees designed to recover the costs of services performed for specific clients, as opposed to the entire rate base, which may include annual inspections of on -site detention systems to verify compliance with design and operating standards, industrial stormwater discharge monitoring, water quality enforcement investigations against polluters and similar specialized activities which have evolved with the recent expansion of Federal, State and Regional regulatory programs. The ease of incorporating secondary funding methods with each basic rate structure design must be examined carefully because these funding methods are a viable means of increasing total revenue. Timing Timing is critically important. Communities that are considering the development of a stormwater utility often desire to establish alternative funding for their stormwater management programs within a one- or two -year timeframe. However, the immediate emphasis on additional funding must be considered in the context of the community's long -term stormwater management needs. The scope of stormwater operations and level of service in many Florida communities need to change significantly in order to correct existing system -wide problems and prevent problems, and that funding capability must change concurrently. Stormwater management in Florida is evolving into a major governmental responsibility. Increased operations and maintenance, major capital improvements, and more regulatory measures are demanded by citizens and are being mandated by Federal regulatory programs, which are focusing on stormwater quality. To the extent possible, the community should seek means of solving its immediate funding dilemma that are consistent and compatible with its long -term program and funding needs. Reduced Tax Funding A community's general tax revenues, in many cases, are simply incapable of meeting the stormwater needs given the other priorities, which exist. If the community can successfully identify, adopt, and implement a stormwater utility service charge rate methodology and other funding methods which fit well with the future scope of stormwater management, much greater efficiency will be attained in the transitional process of developing a truly comprehensive program. Stormwater managers must recognize that the existing tax -based funding for stormwater management will, in most cases, be gradually reduced/eliminated upon the implementation of their community's stormwater utility. Chapter l Why Establish a Stormwater Utility? Page 1 -31 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 199F Long -Term Financial Strategy and Planning The actual expense of stormwater management is much greater than the direct costs contained in the community's budget. Responsibility for various aspects of stormwater management is severely fragmented at the present time. The funding strategy must allow for this fragmentation until consolidation can be accomplished, and should be structured so that the full, comprehensive scope of the future program can be adequately and fairly funded. Based on this analysis, it is clear that the community needs to establish a stormwater service charge and/or other methods of funding which generate sufficient revenue in an equitable. and publicly acceptable manner, and needs to do so as soon as possible. Interfund Loans Most Florida communities operate one or more conventional enterprise utilities which have accumulated reserves as required for satisfying bond requirements and providing for long -term replacement of their infrastructure. Depending upon the size of these reserves and planned/scheduled replacement and repair projects, some of these funds can potentially be used to provide initial funding for the development and/or implementation of the community's stormwater utility. This approach, when used, can substantially reduce the cost of initial stormwater utility funding, and repayment of the interf ind loan is based upon the revenue stream generated by the stormwater utility. Bonding of Capital Projects Many Florida communities issue bonds for stormwater improvements, as opposed to using the "pay -as- you -go" approach, in order to accelerate the construction of capital projects required to resolve chronic community problems. Revenues generated by a stormwater utility can be pledged to repay bonds used to provide the funding needed for the accelerated capital investment in stormwater infrastructure. 1.6.2 Institutional Issues Development and implementation of a stormwater utility in a community often changes the manner in which stormwater services are delivered, and which departments /divisions within the governmental structure are responsible for providing the services. These changes translate into shifts in manpower levels, annual operating budgets and, on occasion, the internal reorganization of the governmental units. Operational Staffing and Budgets Most Florida communities have implemented their stormwater utilities to improve their ability to provide existing services and, in numerous cases, to provide new stormwater management services to the citizens. Generally this improvement requires increases in both staff and budget Chapter I Why Establish a Stormwater Utility? Page 1 -32 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 for administrative, planning, engineering, regulatory and operation and maintenance activities. While some communities have utilized consultants to provide specialized services in the areas of planning, stormwater modeling and the preparation of contract documents for capital improvement projects in order to prevent the expansion of staff, this practice still requires additional budget to cover the consultants' contracts. CIP Budgets A significant component of virtually every Florida stormwater utility is funding of the construction activities -- capital projects for new facilities, repair /rehabilitation of existing facilities or major maintenance to maintain capacity -- to remedy chronic problems within the community. Implementation of a stormwater utility usually means a substantial, long -term increase in the community's stormwater CIP budgets. Organization The delivery of services in many Florida communities is fragmented with different services being provided by different departments. As an example, new stormwater management facilities are designed by the engineering department, permitted through a different department, constructed under the management of the capital projects department and, upon completion, turned over to the roads department for maintenance. Since virtually all of these activities are funded from the same revenue stream, the stormwater utility, some communities have reorganized their departments so that all of these functions are consolidated in a stormwater management department that is responsible for all of the functions that are paid for through stormwater utility revenues: administration, planning and engineering, regulation and enforcement, and operations and maintenance activities. The resulting reorganization clearly shifts power within the governmental structure and can create internal supporters and critics based on who is gaining and losing staff, budget and prestige. Internal Consensus Building Development of a consensus between the various departments that provide stormwater management services in a community is an important consideration for the successful development and implementation of a stormwater utility. Any process that shifts staff, budget and prestige between managers and departments, and especially those processes that require internal reorganization, are tenuous and require careful attention to educating all levels of staff, to directing and focusing managers who are increasing their department's size, budget and responsibilities and, especially, to placating managers who are losing staff and resources. Failure to address these issues can produce very vocal critics at all levels of the staff who, at a minimum, lower morale and increase the length and cost of successful reorganization and improvements in the delivery of services. In the worst case, the vocal internal critic can sabotage Chapter I Why Establish a Stormwater Utility? Page 1 -33 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 the process and cause such internal turmoil that the entire stormwater utility is undermined and the implementation process ends in failure. Finding a Champion Perhaps the best omen of successful stormwater utility implementation is the emergence of a champion who, through his/her enthusiasm, preparation and protracted effort, facilitates the development of public, political and institutional support of the stormwater utility. A champion can be a mayor, a respected member of the city commission or the board of county commissioners, a senior manager, or an influential and determined community activist who wants to solve the community's chronic stormwater problems and, perhaps, leave a legacy for their grandchildren. Identification of one or more champions at an early stage of the stormwater utility development process, and the cultivation of the champion(s), is perhaps one of the most important initial activities that a community can undertake toward long -term success of their utility. 1.7 FEDERAL AND STATE LEGISLATION AND REQUIREMENTS Federal and State legislation, and their subsequent regulatory requirements, from the basis for most of the changes in stormwater management programs in Florida in the last two decades. This legislation has expanded the focus of a community's drainage program to include floodplain regulation, water quality management and ecological preservation. 1.7.1 Florida Constitution and City/County Authority Florida communities are granted specific authority under the Florida Constitution and general and special laws. Communities in Florida fall into one of three categories -- cities, charter counties or non - charter counties -- and their authority to exercise local powers are both specific and different. Generally, cities and charter counties have all powers of home rule that are not specifically limited by the Legislature. Non - charter counties have those powers of home rule that are specifically authorized by the Legislature. However, in Chapter 125, FS, the Legislature has conferred broad powers of home rule to non - charter counties. The primary difference between the powers of charter counties and non- charter counties now depends upon the language of the charter itself. A charter can be drawn to alter the county's structure and its service delivery patterns. For example, many of the county charters grant authority to the county to develop and adopt countywide environmental policy. In these cases, the county is authorized to prescribe minimal environmental standards throughout the entire county. City governments are authorized to adopt stricter standards but may not utilize standards that are less stringent than those of the county. Chapter 1 Why Establish a Stormwater Utility? Page 1 -34 i Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA Cities December 1998 The Florida Constitution allows municipalities to exercise any power for municipal purpose as long as that power is not restricted by a general or special laws. Municipal powers are granted to cities, which enable them to impose any charge, which is not otherwise prohibited in law. Charter Counties The Florida Constitution authorizes counties to adopt a "home rule charter" through several processes, which provides counties with broad flexibility to exercise their powers for non- restricted purposes. The majority of Florida's urban counties have adopted home rule charters. Charter county governments have the power to impose any charge or tax which a city is authorized to impose. However, home rule authority is limited in that the Constitution precludes all forms of taxation, other than the property tax, except as conferred through general law. Non - Charter Counties Most of Florida's small to medium sized, non -urban counties have not adopted a home rule charter and are more limited in their flexibility and exercise of local powers. Florida's -- Constitution limits non - charter counties to the powers provided by the Legislature through general or special laws. However, the Florida Legislature has adopted general laws giving non - charter counties essentially the same broad authority and powers as provided to cities. G� A detailed discussion of the Home Rule authority of Florida cities, charter counties and non - charter counties can be found in Chapter 2 of this manual. 1.7.2 State Legislation Impacting Stormwater Programs A number of laws in Florida specifically address stormwater management requirements and establish the authority of cities and counties to establish stormwater utilities. Chapter 125 provides both charter and non - charter counties with four important abilities with respect to stormwater management functions: 0 Establishment and administration of programs for flood and erosion control and drainage Creation of municipal service taxing/benefit units to provide stormwater management services in unincorporated areas " Power to levy and collect taxes and special assessments for provision of municipal services Chapter 1 Why Establish a Stormwater Utility? Page 1 -35 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 • Ability to provide drainage services to any municipality or special district through executed service agreements Chapter 163, known as the Local Government Comprehensive Planning Act, requires that each city and county adopt a broad based comprehensive plan that includes sections addressing water supply, drainage, groundwater and aquifer recharge. The Act requires communities to assess problems, identify needs and establish the facilities that will be needed by the community. Chapter 166, known as the Municipal Home Rule Powers Act, enables cities to enact legislation concerning any subject matter on which the State Legislature may act excepting annexation and specific subjects precluded by the Constitution, county charters or general/specific laws. Chapter 403 provides both cities and counties with three very important authorities with respect to development and operation of stormwater utilities: • Authorization to create a stormwater utility • Authorization to adopt stormwater utility fees that are adequate to plan, construct, operate and maintain stormwater management systems • Authorization to create stormwater management benefit areas and subareas within which all property owners may be assessed a fee related to the benefits they receive based upon the size of their property Chapter 403 also requires local governments to consider FDEP's and the Water Management Districts' water resources rules when adopting and updating their Comprehensive Plans. Chapter 2 of this manual provides a discussion of Florida statutes that facilitate cities and counties in developing stormwater utilities. 1.7.3 Federal Regulatory Programs Impacting Stormwater Programs The Federal government has focused its regulatory attention on a number of aspects of stormwater management which have resulted in increased obligations and costs for Florida's communities as well as long -term flooding reduction and environmental enhancement benefits for Florida's citizens. Chapter t Why Establish a Stormwater Utility? Page 1 -36 _ Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 .FEMA F000dplain Management Programs The Federal government's influence on a community's stormwater program has, until recent years, been relatively small and limited to interaction with the Federal Emergency Management Agency (FEMA). Its focus on regulating of development in the 100 -year floodplain and issuing of flood insurance through the Federal Insurance Program. FEMA programs tend to be a voluntary participation process that indirectly impacts a community through the rates that the citizens pay for their individual flood insurance policies. Stormwater NPDES Permitting Program The role of the Federal government has become more pronounced in Florida since the emergence of the Environmental Protection Agency's (EPA) Stormwater NPDES Permitting Program. Starting in 1990, EPA required many Florida counties and cities to secure Municipal Separate Storm Sewer System (MS4) Permits for their stormwater discharges to waters of the United States. The MS4 Permit focuses on the reduction of pollutant loads discharged from stormwater outfalls and overall improvement of ambient water quality through the development of an integrated process for prevention, reduction and mitigation of pollutant discharges by citizens and governmental functions, and the education of citizens and governmental employees in the areas of stormwater management and pollution abatement. EPA's Stormwater NPDES Permitting Program is not a voluntary process -- it is mandated for designated communities -- and EPA has administrative, civil and criminal penalties for failure to apply for required permits and failure to properly implement issued permits. EPA's program directly impacts a community through the incremental costs associated with new employees for new /enhanced stormwater management programs and additional capital investments required for the modification/ronstruction of stormwater facilities. 1.7.4 State Regulatory Programs Impacting Stormwater Programs Florida developed several regulatory programs that address stormwater discharges, both public and private, in response to regional flooding and water quality degradation in the 1960s and early 1970s. State Stormwater Permitting Chapter 62 -25 FAC, commonly known as the Stormwater Rule, establishes certain requirements for attenuation and treatment of off -site stormwater discharges. Prior to the development of this rule, most Florida focused communities exclusively on flood control. However, since the Stormwater Rule was adopted, communities have been required to address water quality in a programmatic manner. Cities and counties in Florida that are subject to the Federal Stormwater NPDES Permitting Program have benefited from their earlier attention to water quality and stormwater treatment that was necessitated by FDEP's development of the Stormwater Rule. Chapter I Why Establish a Stormwater Utility? Page I -37 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 Water Management Districts Rules In response to extensive flooding in the 1960s, Florida created five water management districts (WMDs) that were intended to provide statewide management of flood flows. In the last 25 years, the Water Management Districts have constructed channel improvements and flood control facilities to reduce /eliminate regional flooding from significant storm events and have developed a regulatory program that addresses the attenuation and treatment of off -site stormwater discharges. The current version of this program normally requires communities to secure Environmental Resources Permits which address stormwater management and dredge and fill issues involved with both new facility construction and maintenance of existing facilities. South Florida WMD, Southwest Florida WMD, St. Johns River WMD and the Suwannee River WMD process and issue Environmental Resource Permits. The Northwest Florida WMD, due largely to its lack of taxing authority, does not operate an Environmental Resource Permit program, and projects in this WMD are required to receive permits from FDEP pursuant to Chapter 62 -25 FAC. 1.8 SUCCESSFUL SOLUTIONS REQUIRE PLANNING Establishment of a successful stormwater utility requires a vision of the comprehensive services that the community needs and a well conceived plan of how to develop and implement the utility. As the old adage points out: If you don't know where you are going, any road will serve you well. Most established stormwater utilities have found that several of the keys to their success included a formalized statement of what the community's stormwater management program will do in the form of a clear vision statement with a focused mission statement and goals, coupled with a carefully conceived action plan for implementing the necessary changes. A number of Florida communities have discovered, too late, that failure to develop these items before undertaking the development of -a utility has resulted in failure. 1.8.1 A Comprehensive Vision Citizen's awareness of stormwater issues and expectations of what their stormwater management systems should do has significantly evolved over the last three decades: • Pre -1970s - Primary focus on flood control, generally tolerant of nuisance flooding with occasional concern about water quality after fish kills or beach closings. 1970 -1978 - Primary focus on flood control, still tolerant of occasional nuisance flooding, limited awareness of water quality degradation with an occasional concern over water quality related problems. Chapter 1 Why Establish a Stormwater Utility? Page 1 -38 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1995 • 1979 -1988 - Trickle -down affect of Area -wide Water Quality Plans adds water quality management as a second area of primary focus with flood prevention/control, higher levels of awareness of ecological impacts and the effects of over - drainage on water supply. • 1989 -1998 - Emergence of EPA's Stormwater NPDES Permitting Program adds new concern about water quality management practices and flood prevention/control as areas of primary focus with emerging concerns interest in watershed approaches for stormwater and water supply management. Political agendas came to include stormwater management issues in response to the evolution of citizens' awareness and concerns. Subsequently, the focus of the community's stormwater management activities changed to align with the citizens' concerns and the political focus of city councils, county commissions, and governing boards of regional regulatory agencies. Further expansion of the community's vision has occurred in response to ongoing comprehensive planning activities required by the Department of Community Affairs through their comprehensive planning regulations which impact all Florida cities and counties. Federal legislation, FEMA's Flood Insurance Program and EPA's Stormwater NPDES Permitting Program, has also served to broaden the vision of many Florida communities by altering the scope and focus of their stormwater management activities. Most of Florida's successful stormwater management programs have formalized their vision in the form of a simple, "big picture" mission statement and a more narrowly defined action that clearly communicates their vision to the public and staff in terms of goals, annual operations and capital investments. 1.8.2 Creating Mission and Vision Statements Many Florida communities have developed comprehensive visions of. what their stormwater management programs are about which typically focus on service to citizens through the management of flooding, the regulation of development, the maintenance of water quality, and the prevention of environmental/ecological degradation through cost effective operations. It is essential to convert the oftentimes fuzzy vision into three distinctly different types of clear statements: Vision Statements Vision statements identify the community's expectations with regard to their investment in stormwater management. Volusia County's vision statement incorporates provides clear direction with respect to five basic stormwater management concepts: Chapter 1 Why Establish a Stormwater Utility? Page 1 -39 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 The stormwater management program will reduce or eliminate flooding during periods of intense or prolong rainfall. Major roadways will be passable and buildings will remain dry. Standing water, which creates a health hazard or degrades property use or value will be reduced or eliminated. Drainage systems will collect and channel stormwater runoff, retainldetain flows to reduce pollutants before discharge, and recharge the aquifer and/or wetlands when possible to support these resources. Mission Statements Mission Statements set broad general direction for the community's staff and consultants to use in developing long -term stormwater management program components. The City of Tallahassee's a mission statement provides a good example of how a community's basic expectations are tempered with the realities of allocated funding, .public consensus and real - world schedules: To assist the community with defining its priority stormwater management objectives, in the context of physical, environmental and socio- economic concerns, and to develop and implement strategies to address the same, as expeditiously and to the fullest extent possible within the resources the community chooses to allocate to these efforts. Goal Statements Goal Statements provide more specific, performance oriented guidance as to the manner in which the community's staff and consultants are to execute their work activities in order to achieve the intent of the vision and mission statements. Volusia County's goal statements provide clear direction with respect to three basic goals: 1) Insure the health, safety and general welfare. ,of our citizens by the reduction or prevention of hazards from flooding, inadequate drainage and from contamination. 2) Allocate limited public resources fairly and efficiently by providing a viable and equitable cost sharing mechanism for stormwater management solutions. 3) Provide leadership in Volusia County and for the other. jurisdiction through the establishment of a prototype for successful stormwater management today and for the next millennium. General guidelines for creating mission, vision and goal statement are as follows: Chapter I Why Establish a Stormwater Utility? Page 1 -40 \ Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 • Understand the Vision - The statement must reflect the community's vision which requires that the people crafting the mission statement must have the "big picture" views of stormwater management problems and opportunities. • Address Basic Concepts - A statement should focus on the basic concepts of the vision and should not try to be all things to all people. • Keep It Simple - If the statement is to be effective, it must be brief, to the point and strike a chord in the reader. 1.8.3 Creating the Action Plan Most of Florida's successful stormwater management programs have formalized their vision in the form of a mission statement and developed an action plan that translates the broad concepts of the mission statement into concrete actions with a realistic schedule. The basic steps in the action plan, many of which have been discussed in the preceding sections of this chapter, are generally outlined as follows: • Identify Local Problems at the Community Level r • Define Goals and Objectives • Identify Constraints and Limitations • Prioritize Local Problems • Develop A Flexible Long -Term Plan • Develop Consensus • Define the Implementation Process • Develop Funding Every community has its own unique needs, challenges and resources and this realization makes it impossible to define a simple, guaranteed approach that works every time in every community. Combined with a vision of the community's expectations with regard to their investment in stormwater management,, these basic steps provide a simple process for moving from vision to reality. 1.8.4 Public Participation and Customer Involvement The best conceived and most logically developed stormwater utility is doomed to fail if it lacks support from the public and the utility's potential customers. The strategy that has been successfully utilized in most Florida communities is to educate and involve the public, through a Chapter 1 Why Establish a Stormwater Utility? Page 1 -41 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 public information program, undertaken at an early stage in the stormwater utility development process. The stormwater utility development and implementation process needs to recognize the public awareness and customer concerns, and .while exhibiting similar themes across Florida, are specific and unique in each community. The approach used in developing the Public Information Program (PIP) for a given community typically consists of four fundamental steps: 1) Identifying the key people and target groups that can be used to develop support and program advocacy. 2) Selecting. the proper methods and mechanisms for use in reaching the key people and target groups in a politically acceptable and cost - effective manner. 3) Matching the various methods and mechanisms to the identified key people and target groups to assure widespread promulgation of program essentials within the identified program budget. 4) Implementing the agreed upon program in an effective and timely manner. This approach will ensure that the program's objectives -7 as defined by a community through selection of media, target groups, program budget and schedules -- will be achieved. Customer Involvement Virtually every landowning citizen/family and business will become a customer of the stormwater utility and it is important to develop procedures to "sound out" the utility's future customers. Citizens advisory committees provide a simple means of acquiring direct input from potential customers on rates, charge algorithms, credit policies, user equity concerns, and similar issues that arise in the development of a stormwater utility. Recognizing and addressing these issues early in the development process can save time and money in the public education program and the'utility implementation process. Public Education Public education can be achieved on many levels but the common objective is threefold: to make the average citizen aware of the cause and severity of the stormwater problems within his community, to make the average citizen understand the potential immediate and long -term benefits that can be derived from the implementation of a stormwater utility, and to either develop support for the stormwater utility or to provide a basis for the average citizen to balance the anticipated benefits against the "unreasonable costs and burdens" that will be raised by opponents of the utility. Public meetings, whether centralized in 'the "town hall" style or Chapter I Why Establish a Stormwater Utility? Page 1 -42 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1998 decentralized as a series of "community forums" or neighborhood meetings, provide a direct mechanism to reach the largest portion of the "general public." Selected Constituencies There are several different target groups to be reached with the PIP due to their community power, prestige and ability to influence the outcome of the stormwater utility development and implementation process. These groups can be reached in a variety of different manners depending upon their varying levels of involvement in the decision making process. An effective public information program typically includes distinct efforts aimed at individual target groups. Representative categories of selected constituencies which comprise the "general public" that should be included in the agenda of a community's PIP, include: Mass Media Regional Regulatory and Governmental Agencies • Local Municipal Governments and Boards State Regulatory and Governmental Agencies Federal Regulatory and Governmental Agencies State Elected Officials • Federal Elected Officials Business Groups and Commercial Interests Environmental Groups • Service Organizations Key Individuals List Experience in Florida communities has shown that each of these selected constituencies play a special role in the successful implementation of a stormwater utility. C� Chapter 3 provides a discussion of what can be done to gain community acceptance for a stormwater and focuses on the stormwater task force /stakeholder process and the use of public opinion surveys. 1.8.5 Commitment The process of developing a stormwater utility is not unlike birthing an elephant: it is takes time, it is done with a lot of noise and it can get messy. Communities considering stormwater utilities Chapter 1 Why Establish a Stormwater Utility? Page 143 Florida Association of Stormwater Utilities ESTABLISHING A STORMWATER UTILITY IN FLORIDA December 1992 need to take the time to fully understand their problems, develop a comprehensive game plan, develop consensus, and then commit to completing the process. Detractors of strategic planning have often said that strategic planning is "where the rubber meets the clouds." Successful long -term solutions to a community's stormwater management problems require a vision, a game plan, community involvement, and the commitment to get it done. Perhaps the best piece of advice can be seen on contemporary bumper stickers: JUST DO IT! Chapter I Why Establish a Stormwater Utility? Page 144