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Palmer Town Council deliberates over stormwater ordinance overhaul

Date: 8/23/2023

PALMER — Amid growing concerns over stormwater management and associated costs, the Town Council discussed a potential overhaul of its stormwater ordinances.

The council is leaning toward merging the three current ordinances into a unified one. Traci Adamski, vice president at Tighe and Bond, detailed the challenges and potential solutions.

Central to the town’s obligations is the MS4 (municipal separate storm sewer system) permit, a regulatory standard that spans 10 years. “Many requirements have been placed on the town through the new MS4 permit,” Adamski noted.

She detailed the town’s vast stormwater infrastructure. “Within the town’s urbanized area, we manage around 30 miles of drainpipe, over 200 outfalls, and approximately 1,200 catch basins,” she noted.

The need for regular maintenance and potential upgrades to this infrastructure makes it a significant concern for the council. In addition to the physical infrastructure, Adamski emphasized the environmental aspects. “Stormwater is also an issue regarding water quality,” she said.

The Environmental Protection Agency initially targeted sources like industrial sites but has recognized that nonpoint sources like stormwater contribute to pollution, Adamski added.

However, the financial strain caused by state and federal mandates weighs heavily on municipalities. Several councilors raised their concerns about these mandates, which force towns to allocate significant funds for clean and stormwater projects.

In response, Adamski proposed a solution to alleviate future costs — a residential and non-residential fee structure based on the impervious surface area.

The proposed fee system could generate an estimated $295,000 annually. “Instead of a consumption-based fee, the emphasis would be on impervious surface area, providing a more equitable approach,” Adamski said.

Under the proposed system, single-family homes would have a standard fee. In contrast, non-residential properties would incur charges based on their equivalent residential unit (ERU) footprint, determined by the amount of impervious area they encompass.

Adamski presented detailed financial projections and potential revenue structures. Properties were categorized for revenue projections.

The town’s breakdown of projected revenues from stormwater fees is as follows:

  • Small Residential Properties: About 3,800 properties are expected to generate around $56,000 with a $15 flat rate.
  • Large Residential Properties: The estimated 1,115 properties would bring in approximately $41,415 at a $36 rate.
  • Non-Residential Properties: With 5,500 properties in this category, revenues are anticipated to be just under $200,000 using a $36 ERU fee.

In total, the town projects to collect just under $300,000 from these fees.

Data acquired from MassGIS, the Bureau of Geographic Information, detailed the top 10 properties in annual fees, calculated based on impervious surface area.

Town Administrator Ryan McNutt stated the overarching goal was to simplify the existing regulations. Besides the environmental and infrastructure concerns, the financial stress caused by the state and federal mandates on the town’s budget should be at the forefront.

Adamski pointed out that while Massachusetts has proactively initiated funding sources for stormwater maintenance and operations, it has yet to back its mandates financially, leaving municipalities like Palmer bearing the cost, she said.

The Town Council will conduct a thorough review of the proposed changes. Community engagement sessions are planned, ensuring residents have a say in shaping the future of stormwater management in Palmer.

The following stages encompass Town Council consideration, enhancing public education, voting on the new ordinance, drafting regulations, setting a credit policy for properties with stormwater management systems, and finalizing the fee structure.

The topic of credits for residential properties with stormwater systems, such as rain gardens, was also discussed. “Stormwater management isn’t just about roads. It’s about preserving our water quality,” one member emphasized.

McNutt said the goal was the initial reading of the revised ordinance and consolidating the existing three ordinances into one comprehensive version. He mentioned that specifics regarding fees would be discussed in future sessions.

Earlier in the discussion, Kelly Doherty and Haley Rivers, also from Tighe and Bond, detailed the town’s stormwater management program.

Doherty noted the completion of permit year five, with plans for access year six underway. She highlighted the concern of stormwater, emphasizing its route from catch basins and outfalls to surface water.

Palmer’s MS4 program, co-managed with the Massachusetts Department of Environmental Protection, focuses on the town’s southwestern region.

The upcoming permit year will see a continuation of most activities, with the addition of a planned retrofit, public outreach, collaborations, and routine stormwater checks.

Rivers elaborated on the program’s public education, illicit discharge detection, runoff control, and pollution prevention.

Nitrogen remains a central issue. “We have a Total Maximum Daily Load for nitrogen in Palmer,” Rivers said. Efforts include reducing nitrogen discharge into the stormwater system, which could impact larger water systems like the Connecticut River watershed.

Rivers also touched on last year’s investigations. She reported that 14 catchment screenings in August and September found no illicit discharges. She also cited the 2022 Best Management Retrofit analysis, pinpointing areas with high nutrient loads.