HomeMy WebLinkAboutItem 01 Water Quality Facilities in Subdivisions - Compliance Issues AGENDA ITEM SUMMARY Meeting Date: 3/25/2013
Meeting Type: Work Session
Staff Contact/Dept.: Meghan Murphy, DPW
Bill Hamann, DPW
Brian Conlon, DPW
Staff Phone No: 541-744-3385
Estimated Time: 30 minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Promote and Enhance
our Hometown Feel
while Focusing on
Livability and
Environmental Quality
ITEM TITLE: WATER QUALITY FACILITIES IN SUBDIVISIONS – COMPLIANCE ISSUES
ACTION
REQUESTED:
No action is required. This material is for information only.
ISSUE
STATEMENT:
Since the early 1990’s the City’s Development Code has required the installation of
stormwater management systems (both structural and non-structural Water Quality
Facilities (WQFs) in public and private developments through the development
review and approval process. Staff has found that business owners are generally
proactive and willing to maintain their WQFs. In contrast, achieving compliance for
WQFs in subdivisions and maintaining City owned WQFs has been more
problematic. Seasonal staff resources may be needed to more effectively manage
these facilities.
ATTACHMENTS:
1. Council Briefing Memorandum
DISCUSSION/
FINANCIAL
IMPACT:
The purpose of stormwater management is to, by mimicking natural hydrology,
improve water quality, and collect and effectively convey stormwater runoff. The
WQF Management Program was implemented in 2010 and is an inspection and
compliance program to ensure that both public and private systems are effectively
maintained. There are currently 38 WQFs that the Environmental Services and
Operations Divisions oversee and regulate; 10 City owned and maintained WQFs,
10 Private WQFs with negotiated maintenance agreements (City to maintain system
functionality), and 18 private WQFs where systems maintenance is the
responsibility of the homeowners associations (HOAs). Many of these WQFs, such
as detention ponds in multiple lot subdivisions, are in poor functional condition and
need attention.
Achieving compliance for WQFs that serve multiple properties in subdivisions has
been much more challenging. Many homeowners and residents were unaware of the
HOA’s responsibility to maintain their WQFs. Another problem is that many HOAs
are administratively dissolved or non-functioning making communication and
enforcement difficult. HOAs often lack the funding and knowledge to properly
maintain these facilities. Staff continues to dedicate many hours pursuing formal
compliance solutions and facilitating WQF education and outreach to meet
regulatory obligations.
ATTACHMENT 1
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M E M O R A N D U M City of Springfield
Date: 2/19/2013
To: Gino Grimaldi, City Manager
COUNCIL
From: Meghan Murphy, ESD Water Resources Tech
Bill Hamann, ESD Water Programs Manager
Brian Conlon, Operations Division Manager
BRIEFING
Subject: WATER QUALITY FACILITIES IN
SUBDIVISIONS – COMPLIANCE ISSUES MEMORANDUM
ISSUE:
Since the early 1990’s the City’s Development Code has required the installation of stormwater
management systems (both structural and non-structural Water Quality Facilities (WQFs)) in
public and private developments through the development review and approval process. Staff
has found that business owners are generally proactive and willing to maintain their WQFs. In
contrast, achieving compliance for WQFs in subdivisions and maintaining City owned WQFs
has been more problematic. Seasonal staff resource is needed to more effectively manage these
facilities.
COUNCIL GOALS/
MANDATE:
Promote and Enhance our Hometown Feel while Focusing on Livability and Environmental
Quality.
BACKGROUND/DISCUSSION:
The Water Quality Facility (WQF) Management Program was implemented in 2010 and
continues to be managed by the Water Resources Section of Environmental Services. Over that
time, business owners who have gone through the program have generally been willing and
eager to maintain their WQFs. The program has been successful in achieving compliance with
WQFs that serve single properties.
Achieving compliance for private WQFs that serve multiple properties in subdivisions has been
much more challenging. Many homeowners and residents were unaware of the Homeowners
Association (HOAs) responsibility to maintain their WQFs. Another problem is that many
HOAs are administratively dissolved or non-functioning making communication and
enforcement difficult. HOAs often lack the funding and knowledge to properly maintain these
facilities. Staff continues to dedicate many hours pursuing formal compliance solutions and
facilitating WQF education and outreach to meet regulatory obligations.
Regulatory Context: The City of Springfield Stormwater Management Plan (SWMP)
establishes goals, policies, and implementation actions that will achieve the City Council’s long
term objectives and ensure compliance with the City’s National Pollutant Discharge Elimination
System Phase II Municipal Separate Storm Sewer (MS4) permit.
In support of the SWMP’s Minimum Control Measure #5 (Post-Construction Stormwater
Management for New Development and Redevelopment), City staff developed theWQF
Management Program. This program’s goal, according to the City’s MS4 permit, is to “ensure
adequate long-term operation and maintenance of Best Management Practices (BMPs) and
ensure adequate enforcement of the ordinance or alternative regulatory program.”
ATTACHMENT 1
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Program Background & Elements: The City requires the installation of stormwater
management systems (both structural and non-structural) in private developments through the
development review and approval process. The purpose of stormwater management is to mimic
natural hydrology, improve water quality, and to collect and effectively convey stormwater
runoff. The WQF Management Program is an inspection and compliance program to ensure that
both public and private systems are maintained over time.
Staff inspects facilities every three to four years and determines the condition of each WQF. The
property owner and manager are mailed the inspection results, maintenance recommendations,
required corrective actions (for non-functional facilities), inspection logs, maintenance checklists
and fact sheets for each type of facility, a native plant poster, an invasive plant booklet, and
stormwater program information. Staff then works with the property owner/manager to bring the
facility into compliance.
Education is the first step in gaining compliance. If property owners repeatedly fail to respond or
to maintain their facility, they may be in violation of the Land Use Decision, Development
Agreement, and/or Stormwater Treatment Facilities Operation and Maintenance Agreement
associated with their property. They may be subject to a civil citation.
History of WQFs in Subdivisions: In 2002, staff recommended to Council that WQFs in
subdivisions be owned and maintained by the City. Council determined that there was too much
risk to take on ownership and responsibility for all WQFs in subdivisions and left it up to staff to
determine, for each facility, whether it should be owned by the City or HOA. Council also
determined that those owned by the HOA should enter into a maintenance agreement and
easement with the City, which council adopted in 2002 through the Engineering Design
Standards and Procedures Manual (EDSPM).
For reference, the City of Springfield 2002 EDSPM Section 3.01 states:
“.. it is the general intent of the City of Springfield to provide maintenance by the City to
assure the proper functioning of all portions of a stormwater system which provide
stormwater drainage or water quality service to multiple properties, including the public
right-of-way, including water quality and detention ponds which serve such purposes.
All such facilities shall, therefore, be designed in accordance with all requirements of
design and maintenance access as laid out in this Section 3.00 Stormwater Quality or
Section 4.00 Stormwater Capacity of this Manual or as specifically directed by the City
Engineer. or portions of the system which remain in private ownership, such as those
water quality or detention ponds owned by homeowners associations in subdivisions, the
City maintenance rights and responsibilities will be laid out in an agreement with the
underlying facility owner. It is NOT the intent of the City that storm drainage or water
quality facilities which serve single ownerships, or for some other reason are not
deemed to be “public” in nature, be maintained by the City. These shall be maintained
by the private owners of the facilities.”
The 2012 version of the EDSPM Section 3.01 is similar, but the sentence about facilities that
serve multiple properties has been removed.
Post-2002 Update: This has resulted in a variety of ownership and maintenance responsibilities.
Some facilities in subdivisions are owned and maintained by the City. Others are owned and
maintained by HOAs. In addition, many facilities in subdivisions do not have signed
maintenance agreements with the City. Several of these facilities are maintained by City
ATTACHMENT 1
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Operations staff by default if the HOA is defunct, which is an unfunded increase in Operations
staff work load.
Residents throughout the City pay the same stormwater user fee rate to maintain and operate the
public stormwater system. Additionally, where private WQFs are maintained by HOAs in
subdivisions exist, HOA members are expected to pay dues to maintain these facilities.
Facilities in subdivisions accept public (i.e. street) runoff, thus the City has a responsibility to
ensure these facilities function long term, regardless of who owns the land. The City also needs
to meet its MS4 permit requirements, which regulates runoff from municipal properties (like
streets).
Staff supports the idea of the City’s Operations Division eventually taking over maintenance and
ownership (or easement) for existing facilities that accept public runoff or serve multiple
properties. This would impact approximately 18 sites with existing WQFs.
Potential benefits of City maintenance/ownership include:
• Facilities become amenities to the community
• Improve wildlife habitat and surface and ground water quality
• Reduce flooding potential
• Reduce enforcement issues - No fining of residents/HOA
• The WQFs are maintained
Potential costs include:
• Increase of Operations staff time
• Increased summer crew labor
• Sediment removal, vegetation, etc.
• Land value if purchased
• Possible increased equipment needs
Staff proposes $40,000 in additional funding from the Stormwater Operations Fund to begin an
effort to maintain these facilities. Funding would be used primarily to increase the summer
temporary work force so that they could perform these duties. In addition, staff is in the process
of developing a collection of tools and other materials which could be housed in a small trailer
and used to provide supplies to volunteer programs wherein citizens could take on some of these
management tasks under general guidance and direction of City staff. Pending Council approval
of the program concept, the Budget Team recommends that this program be funded in the City
Manager’s proposed FY 2014 budget.
RECOMMENDED ACTION:
No action is required. This material is for background information only. Operation and
management of the public and private WQFs is a complex issue, staff will return with an update
and evaluation of the seasonal work program and its effectiveness if approved in FY14.