Cape Cod Stormwater Managers Group Tools for Collaboration

MISSION /GOALS FOR COLLABORATION Promote sustainable equitable stormwater management using: Goals Collaborative education and outreach Resource sharing/use of BMP’s Reduce Stormwater runoff pollution Sponsor cost-effective stormwater services Foster compliance with the National Pollutant Discharge Elimination System (NPDES) Massachusetts Small Municipal Separate Storm Sewer System (MS4) Permit

MS4 DEADLINES Effective Date: Postponed by US EPA to July 1, 2018 (originally due July 1, 2017) Notice of Intent - postponed by DEP Stormwater Management plan – originally due July 1, 2018, also postponed

MS4 Requirements Six minimum control measures Public Education To the four required audiences: i.e. residential, business, developers and industrial Public Involvement Can be in the form of a water management coalition towns form to update their Stormwater Management Plans Illicit Discharge Detection and Elimination Ranking outfalls, dry weather screening, map/investigate catchments, remove illicits, File annual reports/Complete written IDDE procedures

MS4 Requirements Six minimum control measures 4. Construction Site Runoff Need written procedure for inspecting construction sites Sediment controls - can use ordinances, site inspection procedures, sediment control requirements, site plan review 5. Post-Construction Stormwater Management Compliance with the Massachusetts Stormwater standards 6. Good Housekeeping/Pollution Prevention Streets swept twice/year (Includes the miles cleaned/volume of material removed) Require slow release fertilizer on permittee properties O&M procedures for winter road maintenance including the storage of salt and sand (for parks, municipal buildings vehicles and equipment) Catch basin cleaning schedules SWPPP for maintenance garages, public works yards, transfer stations  

AREAS FOR FUTURE COLLABORATION Joint procurement Equipment sharing Using the County Lab for water quality analysis Hiring a consultant Pursuing grant opportunities Developing customized education/outreach material Mapping Developing plans (i.e. updated Stormwater management plan

Intermunicipal Agreement What is it? Key considerations: Written agreement between municipalities to perform services or activities Modified authority enables Board of Selectmen rather than Town Mtg. Max. 25 years Establishes maximum financial liability of parties Components: Purpose, term of agreement Method of financing Responsibilities Costs of services Indemnification Insurance Alternative dispute resolution Personnel Property Authority: M.G.L. c. 40 § 4A What it does: Allows towns to contract with each other/other government units (RPA, water/sewer com) What it does: govt units = RPA, water/sewer commission per 40N, by special legislation – the county/state agency Formal K = written agmt. –one town provides service to another for agreed upon price, i.e. sharing of personnel) Joint service agreement (two or more towns join to plan, finance and deliver service within collective town boundaries, I.E. public works/shared solid waste) Service exchange agreements (towns agree to lend services to one another w/o pymt. i.e. mutual aid for emerency services/police/fire) Purpose, term of agreement method of amendment/termination Method of financing (may specify appropriation is subject to town meeting) Responsibilities (who has direction, control of employees, recordkeeping Costs of services, how allocated by parties, how costs of capital/start up costs to be handled Indemnification (Liability of each party/hold harmless clauses for personal/propertydamage arising out of the service) Insurance (adequate coverage, risk of loss) Alternative dispute resolution (mediation, arbitration) Personnel (who hires, directs, disciplines, shared personnel) Property (how jt. Prop. Acquired/held) Types: Formal Contract Joint service agreement Service exchange arrangements

Example of Intermunicipal Agreement Town of Spencer Member of Central Massachusetts Regional Stormwater Coalition (CMRSWC - 30 towns) Entered into IMA with each town to manage CIC grant funds Spencer as lead community manages the budget, received the funds, makes all payments to contractors for towns Now collects $ 4000.00 annual fee from each town to pursue its stormwater goals Used for fee based services online mapping and inspection platform Use of survey devices and water quality monitoring tools Participation in pilot projects and trainings

Memorandum of Understanding What is it? Key uses: Shared resources to develop a comprehensive education and outreach/public participation program Used to create a regional GIS-based map Used to develop common stormwater management and pollution prevention practices Used for regional procurement and grant writing Written agreement among municipalities Authority: Common law What it does: Allows towns, regional planning agencies, others to enter into agreement to share resources Examples: Used to establish the Northern Middlesex Stormwater Collaborative

Example of Memorandum of Understanding Northern Middlesex Stormwater Collaborative Member towns: Billerica, Chelmsford, Dracut, Lowell, Pepperell, Tewksbury, Tyngsborough, Westford Used MOU to create regional GIS based map/ regional procurement and grant writing (including equipment, materials and laboratory and catch basin cleaning services) MOU – signed by Chief Administrative Officer in each town Appointed two representatives to serve on NMSC advisory board/Bi-monthly meetings Now collects $ 4800.00 annual fee from each town to fund administrative costs, community education and trainings and mapping work

Example of Memorandum of Understanding Merrimack Valley Stormwater Collaborative Coalition of 15 MV Planning Commission communities Regional approaches to stormwater management Overseen by DPW Directors subcommittee Used MOU to enumerate 7 tasks: Gather information for establishing a stormwater utility Regional GIS based map of stormwater infrastructure Create templates for local stormwater codes Develop stormwater training program for local personnel Design a public education program to meet MS4 permit Prepare RFP for procurement of common stormwater management services, equipment and supplies Prepare a sustainability plan

Regional Health District What is it? Key considerations: Regional Board of Health Can form by votes of two or more boards of health and their respective town meeting to delegate some/all of its legal authority to regional board Est. budget each December, assessor then includes this amount in the tax levies each Board may order treasurer to pay town’s share of cost/expense of the district Reimbursement from Commonwealth for “initial capital outlays” Subj. to appropriation – Requires matching funds from town HB 3822 – Removed town meeting requirement Authority: M.G.L. c. 111 §27B What it does: Has all the powers and duties of boards of health/health department of a town Includes wastewater regulatory powers of Board of Health Has power to contract, sue/be sued, receive/expend funds, receive grants, other powers as necessary to carry out powers as “independent entity of government” How operated: Regional Board of Health with a director of health and staff, treasurer Each town has at least one member on board/three year term/2 term max Assessor may year (board may adopt any method, incl. state valuation/population as determined by state secretary) No compensation/for board members/receives expenses Can adopt rules and regulations not in conflict with any fire, health safety regulation Who may belong: One or more towns

CONCLUSION Collaboration is key to success Using tools will assist in achieving US EPA MS4 compliance

jwielgus@capecodcommission.org (508) 744 - 1207 Questions? jwielgus@capecodcommission.org (508) 744 - 1207