HomeMy WebLinkAboutINS-12-001 - Storm Water Credit Program1
Staff Report
KI~rCx~.~T~R Infras~rucrure 5ervrces nepari°ment www.kifthenerca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: January 9, 2012
SUBMITTED BY: Grant Murphy, Director of Engineering, 741-2410
PREPARED BY: Nick Gollan, Manager, stormwater Utility, 741-2422
WARD(S) INVOLVED: All
DATE OF REPORT: December 23, 2011
REPORT NO.: INS-12-001
SUBJECT: STORMWATER CREDIT PROGRAM -FINAL REPORT
RECOMMENDATION:
That subject to consideration during the 2012 Final Budget deliberations, the stormwater
rate schedule as specified in Appendix A of Infrastructure Services Department report
INS-12-001, be approved and come into effect on March 1, 2012; and,
That subject to consideration during the 2012 Final Budget deliberations, the stormwater
credit schedules as specified in Appendix B and C of report INS-12-001 be approved and
come into effect on July 1, 2012 with eligible credits applied retroactively to January 1,
2011; and,
That the proposed by-law in Appendix D of report INS-12-001, amending the existing By-
law 2011-153 (Storm Water Charge By-law) be approved; and further,
That one (1) engineering technologist position (full-time), one (1) program assistant
position (full-time), and two (2) engineering co-op student positions (May-August
annually) be hired beginning in January 2012 so as to enable the advance of storm water
related programs and the storm water credit program.
BACKGROUND:
On June 14th, 2010 City of Kitchener Council approved the implementation of a stormwater
utility rate which provides for fair and equitable allocation of stormwater management program
costs, based on impervious area, to all property owners in the City of Kitchener (refer to DTS-
10-94, DTS-10-100, and DTS-10-120 reports). Council also wishes to review options for the
implementation of a stormwater credit policy for residential and non-residential properties.
Council directed staff to report back before December 31, 2011 with alternatives for a proposed
stormwater credit rate policy. Staff provided Council with stormwater credit program
development progress updates on May 30, 2011 (refer to INS 11-041) and November 28, 2011
(refer to INS 11-094). The proposed policy would be retroactive to the start of the stormwater
utility billing, January 1, 2011. This report provides the final recommendations stemming from
the completion of the stormwater credit policy development work plan and an overview of the
recommended stormwater credit program.
7-1
REPORT:
Since May 2011, staff have worked collaboratively with the City of Waterloo, to develop a
stormwater credit policy, as part of the Shared Services Initiative. Kitchener and Waterloo
recognize that it is important to couple the implementation of a stormwater rate structure with
that of a credit policy for property owners that own and maintain stormwater management
facilities. Staff provided an update to Council related to the stormwater credit policy work plan
on November 28, 2011 (refer to INS 11-094 report).
The objective of the city's proposed stormwater rate credit policy is to encourage the
implementation of measures on private property in order to reduce total runoff volume and
pollutant loading discharged to the city's stormwater management system. Property owners
would qualify for stormwater rate credits when they can demonstrate that their existing or
proposed stormwater facilities or applied best management practices are functioning as
approved.
Through analysis it was determined that the appropriate upset limit of the stormwater credits
would be 45%. The analysis considered the stormwater utility operating and capital budget
forecast as well as known and existing stormwater management best practices already in place
on many properties throughout the city. The upset limit is based on an assessment of the
stormwater program costs that could potentially be influenced by the long term actions of
property owners on the privately owned impervious areas.
Staff propose to create two (2) policies -one for non-residential and multi-residential property
owners and another for residential property owners, due to the influence that they have over
stormwater run-off, each of the credit policies are tailored to address specific issues. Once
implemented, property owners will be required to apply for stormwater credits. Separate detailed
registration forms would be developed for residential and non-residential/multi-residential
program applicants. The information gathered during the application process would be stored in
a corporate database. The database would enable the administration of credit and rebate
payments to property owners. All of the applicable information entered into the database would
require verification via inspections or other customer follow-up for a certain percentage (%) of
properties for quality assurance/quality control purposes.
Once the application forms are developed, the information from those forms would be
transferred to a corporate database that can communicate with the billing system. Storing
relevant information in such a database would enable a degree of automation in administering
credit and rebate payments as well as provide a source of data to verify the eligibility of a
property to receive credits/rebates. Additionally, access to this information will allow the
evaluation of the achievements of the credit policy. The options selected as the preferred
alternative will have an impact on the scale of the corporate database that is required and the
level of effort required implementing it.
The credit policy implementation project would market and achieve stormwater best
management practices and green infrastructure installations that help mitigate stormwater
concerns. Two main types of achievements are sought with this program. The credit incentives
would be paid to properties that decrease volume (flood prevention) and those that focus on
pollutants and filter out oil and grit (pollution reduction).
The two key measureables will be
7-2
1. Reduced stormwater runoff volumes; and,
2. Reduced non-point source pollution.
A method to measure these criteria will need to be established during the implementation of the
stormwater credit program. Tracking stormwater credit program results will include the area
affected, volume of water diverted and the amount of pollutants removed from the municipal
stormwater management system. The City has been conducting annual stormwater
management audits since 2001, which include parameters related to pollutant loading and these
additional metrics could be incorporated into the annual audit as well.
The next steps to implement the proposed stormwater credits will be carried out over the next 6
months. Table 1 provides an overview of the implementation milestones.
Table 1: Implementation Steps
Implement stormwater Credit Program
• Make modifications to billin s stem software February -June 2012
• Develop credit registration forms March -April 2012
• Develop communications and marketing plan May -June 2012
• Begin processing stormwater credit applications July 2012
Due to the work required to modify the billing system and develop the application forms,
customers eligible for stormwater credits will not see this adjustment until July 2012. However,
staff are recommending that an additional period of time is made available for customers to
apply and receive the benefit of retroactivity to the beginning of January 2011.
NON-RESIDENTIAL AND MULTI-RESIDENTIAL CREDITS
The typical properties that would fit into this category include public and private schools,
universities, colleges, government buildings, commercial plazas, industrial facilities, places of
worship and apartment buildings with more than 5 dwelling units.
The stormwater credits will be provided to eligible non-residential and multi-residential property
owners based on stormwater management controls on their property. This credit policy as
outlined in Schedule B of the by-law provides up to a 45% credit to all customers who currently
pay the stormwater rate. The credit is made up of three (3) components and these various
credits could be additive up to 45% of the stormwater rate:
a) Flood Prevention (up to 25%)
b) Pollution Reduction (up to 15%)
c) Educational Programs (up to 5%)
Flood Prevention (Quantity) Credit Rationale:
The credit for quantity control will be based on the percentage of impervious area that is
directed to the control infrastructure. Examples of control infrastructure include super-pipe
storage, orifice controls, parking lot storage, flood control ponds and roof-top storage. All
stormwater control BMPs must be an accepted practice referred to in the applicable City of
Kitchener Development Manual at the time of registration, as certified by a qualified person (e.g.
professional engineer).
7-3
Pollution Reduction (Quality) Credit Rationale:
The primary indicator of the quality of stormwater runoff is total suspended solids (TSS). As
such, the Ontario Ministry of the Environment has established three (3) levels of protection with
the goal of maintaining or enhancing the existing aquatic habitat, based on the suspended
solids removal efficiency of different stormwater management facilities:
1. Enhanced Protection -long term average removal of 80% of suspended solids.
2. Normal Protection -long term average removal of 70% of suspended solids.
3. Basic Protection -long term average removal of 60% of suspended solids.
The pollution reduction credit will be based on the degree of stormwater quality enhancement
and also percentage of impervious area that is directed to the control infrastructure. Examples
of quality control infrastructure include stormwater quality control ponds, oil/grit separators,
green infrastructure (low impact development techniques) and spill control devices such as
snouts and goss traps. All stormwater control best management practices (BMPs) must be an
accepted practice referred to in the applicable City of Kitchener Development Manual at the time
of registration, as certified by a qualified person.
The level of quality control credits is determined as followed:
1. Enhanced pollution control credits -the percentage of impervious areas directed towards
enhanced quality controls would be eligible for the full 15% of available stormwater
pollution reduction credits.
2. Normal pollution control credits -the percentage of impervious areas directed towards
normal quality controls would be eligible for 10% of the available stormwater pollution
reduction credits.
3. Basic pollution control credits -the percentage of impervious areas directed towards
basic quality controls would be eligible for 5% of the available stormwater pollution
reduction credits. An additional opportunity to receive this credit is based on whether or
not the property has an approved paved area sweeping program or a salt management
plan.
Education Credit Rationale
Research was conducted to identify best practices used by other municipalities in developing a
stormwater credit policy as well as to share lessons learned. In addition to researching other
municipalities, the City of Kitchener and City of Waterloo partnered with the University of
Waterloo to take part in the 2011 Waterloo Regional Area Survey. One component of the survey
was to ask residents in each respective municipality questions about their existing behaviours
regarding stormwater management practices as well as to gauge their preference of an
incentive program to encourage stormwater management practices. The results of the research
and survey that were conducted helped identify the value of having an educational program to
increase general knowledge in the area of stormwater. For example, 59% of respondents said
they would be somewhat or very likely to use best management practices that cost from $100 to
$1000 to implement.
A current stormwater education program operating in Kitchener and Waterloo (2011-2013) is the
TRAIN! program. TRAIN!: An Ecological Approach to stormwater Management is a
comprehensive outreach and action project designed to motivate residents to reduce
stormwater quantity and improve stormwater quality before it flows into our streams and the
7-4
Grand River. The iRAIN! program, funded by the City of Kitchener's Local Environmental
Action Fund (LEAF), the Ontario Trillium Foundation, Sobey's Earth Day Canada, Walmart
Evergreen and Green Communities Canada, is delivered by Waterloo Region Green Solutions
(operating as REEP), anon-profit environmental organization established in 1999.
Hands-on workshops, expert seminars, best practices tours, and special events motivate action
by city residents through the iRAIN! program, supported by a growing web resource from
REEP, and excellent local press coverage. Follow-up with REEP House visitors and program
participants documents the quantities of water diverted from storm sewers as a result of
participation in the program. Providing stormwater credits for educational programs further
augments the objectives of the iRAIN! program described above.
A monthly stormwater utility credit is available for properties with an ongoing stormwater
education program. To receive a 5% credit adjustment applied to the monthly stormwater utility
rate, documentation must be provided to verify that the education program is being
implemented. Eligible education programs include educating employees, the stormwater
customer base and students about flood prevention and pollution reduction.
Non-residential and Multi-residential Rate Impact
The combined rate change being recommended as part of the annual budget process and the
recommended non-residential and multi-residential stormwater credit program means that
property owners will have the ability to reduce the stormwater portion of their monthly utility bill.
For example, if a property installed an oil/grit separator for pollution reduction, used parking lot
storage and roof top storage for flood prevention and provided water quality educational
materials their employees they may receive stormwater credits up to 45%. Table 2 provides an
example of what the non-residential and multi-residential stormwater rate difference could be in
2012.
Table 2: 2012 Non-residential and Multi-residential Rate Comparisons
Property Description 2012 Annual Rate 2012 Rate With 45% Credit
Non-Residential
Medium Low $1,557.56 $856.67
RESIDENTIAL CREDITS
The stormwater control credits will be provided to eligible residential property owners based on
the volume of stormwater which is diverted from being discharged to the municipal stormwater
management system. There is no quality or education component of the residential credit since
the volume of runoff water from individual residential properties is much less than that from
larger industrial/commercial/institutional properties. Consequently, there is little opportunity for
these properties to provide quality control on an individual basis. For the same reasons as the
non-residential and multi-residential stormwater credit program, residential properties will also
have a maximum potential credit eligibility of 45% based on the volume of runoff diverted.
In order to establish the credit percentage breakdown for residential properties, a review of
existing stormwater diversion techniques was conducted to identify the most effective method of
reducing runoff from residential properties from entering the municipal SWM system. Infiltration
7-5
galleries were determined to be the most effective at capturing the largest volume of rainwater
at the point where it falls and reintroducing it to groundwater aquifers without using municipal
infrastructure. Infiltration of clean stormwater into the ground can be beneficial to maintaining
the natural hydrologic cycle.
Through the study it was determined the average residential infiltration gallery has been sized to
accommodate 4,200 L of clean roof water to infiltrate back into the ground (to capture a 2 year
storm event or 25mm of rainfall). The volume of rainwater that goes into these infiltration
galleries is equivalent to 21 rain barrels.
1~:xaml~le r~t'Inliltratic~n f=~rllery
~~fr~~fr~r~~~
~K~~r~~4~~i
;lrttcrtrnt ~>t rain «'~rter storc•ci in <in a~~era~;e
intiltraticna ;~rll~.•r ~~ ~ ? l rain l~arrc•15
In addition to rain barrels, other common practices employed on residential properties include
rain water cisterns (above or below ground), rain gardens, and other landscaping techniques
that minimize the potential amount of runoff leaving a property. For example, a resident may
direct runoff to a depressed area of their property where the runoff would collect and naturally
infiltrate into the ground or evaporate over an extended period of time. Such depressed areas
where stormwater collects could be measured and factored into the volumetric approach as
outlined in Table 3.
It was determined that the most appropriate method of allocating residential credits would be
based on the volume of storage capacity designed to accommodate stormwater
(rainwater/snowmelt), while not being prescriptive in how that storage capacity is achieved.
Using infiltration galleries as the most effective best management practice, methods that
capture less stormwater would also be awarded incrementally less credits. The resulting credit
weighting for different volumes of captured stormwater are provided in Table 3.
Table 3: Residential Volumetric Credit Values
7-6
Volume Captured Examples Credit
200 - 400 L 1-2 rain barrels 9%
401 - 800 L 3-4 rain barrels 18%
• small cistern
801 - 2400 L small cistern 27%
• combination of small
cistern and rain barrels
2401 - 3200 L large cistern 36%
• combination of cistern
and rain barrels
3201 L or more large cistern 45%
• infiltration gallery
Residential Rate Impact
The combined rate change being recommended as part of the annual budget process and the
recommended residential stormwater credit program means that property owners will have the
ability to reduce the stormwater portion of their monthly utility bill. For example, if a property
installed an infiltration gallery or a large cistern they may receive stormwater credits up to 45%.
Table 4 provides a comparison of what the residential stormwater rate difference could be in
2012.
Table 4: 2012 Residential Rate Comparisons
Property Description 2012 Annual Rate 2012 Rate Wth 45% Credit
Residential Single
Detached Medium $116.20 $63.91
PUBLIC CONSULTATION
Two public open houses were held in both Kitchener and Waterloo between the months of
September and November. The open houses provided a forum for the public to consider and
provide input to the alternatives that were under review as well as the preferred alternative
selected during the evaluation process. Many comments and inquiries were raised by the public
during the consultation process about the scope and structure of the credit policy. The project
team has taken many of the public comments into consideration in the proposed design of the
stormwater credit program. The following responses are provided to specific policy and program
issues.
1. Can the proposed credit percentage of 45% be increased in order to encourage more
people to participate at a greater scale?
No. The appropriate upset limit of 45% credit off the stormwater portion of the utility bill
amount is based on an assessment of the stormwater program costs that could potentially
be influenced by the actions of property owners on the privately owned impervious areas.
Capital and operating programs that are funded by the stormwater utility include:
7 - 7
a. Operation and maintenance of existing infrastructure
i. Preventative maintenance (e.g. cleaning stormwater ponds)
ii. Reactive maintenance (e.g. repairing collapsed culverts)
b. Environmental compliance
i. Responding to chemical spills
ii. stormwater monitoring
c. Capital infrastructure program
i. System rehabilitation projects
ii. stormwater pond retrofits
iii. Accelerated infrastructure renewal program
iv. Regional road projects
d. General capital projects -corporate
i. Corporate information system enhancements
ii. Equipment acquisition and upgrades
For example, if every non-residential property installed an oil-grit-separator (a type of
pollution reduction device) and properly maintained it the municipality could potentially
expect to see a reduction in the cost to clean stormsewers, catchbasins and stormwater
management ponds. The material that is typically deposited in this municipal infrastructure
would actually be captured at the source and dealt with by the property owner. As another
example, regardless of how many private properties install stormwater control devices we
know the need to replace aging infrastructure will not be diminished in any way and the
stormwater utility funds a portion of all infrastructure renewal projects (e.g. road
reconstructions).
2. Can rural, estate and agricultural properties be eligible for an exemption to the
stormwater rate as opposed to receiving a credit for managing stormwater?
No. All properties with impervious areas (hard surfaces such as roof tops, driveways, etc.)
contribute stormwater runoff (precipitation that does not infiltrate into the ground but rather
flows overland). In rural areas, this runoff is often directed to roadways, ditches and
watercourses, all of which must be maintained by the City of Kitchener. In addition,
stormwater runoff eventually ends up in our creeks and if left untreated, degrades the
aquatic habitat and water quality of the streams.
The proper maintenance of our existing infrastructure as well as the retrofit and construction
of new infrastructure will result in fewer pollutants being released in the environment. This
in turn will result in fewer pollutants in our drinking water. It is important to understand
surface water runoff and underground aquifers (underground rivers that public and private
wells draw water from) are all connected and the impacts that pollution have on water affect
both urban and rural properties. Since all of us rely on similar drinking water sources,
regardless of whether it is through a private well or city pipes, stormwater management and
the management of water as a whole affects us all.
3. Has the City taken into account the costs to implement the credit program?
Yes. The next steps in implementing the credit program include modifying the existing
billing system software, developing credit registration forms, developing public
communication tools, processing application forms, reviewing engineering documentation
and conducting on-site inspections. As much as possible, the application and program
7 -
administration is being automated and will be designed to increase the efficiency of data
input functions. We are also reviewing our existing business process to integrate the credit
application for new customers who apply under the site plan review process.
While there will be costs associated with the administration of the credit program
(approximately 1.3% of the total 2012 stormwater utility budget), the municipalities of
Kitchener and Waterloo plan to reduce the mailing and administrative costs by working with
neighbourhood and business associations and community service organizations to distribute
municipal education programs and stormwater credit program materials.
4. Will the city inspect my property to ensure the best management practices are working
correctly to divert stormwater from the municipal infrastructure?
Yes. For non-residential properties, each property will be inspected at the time of application
to the program. In addition to the initial inspection, these properties will also have follow-up
inspections as required based on a review of yearly self-certification reports that need to be
submitted. It is anticipated that 250 non-residential and multi-residential properties will apply
for and be eligible for stormwater credits at the time the program is implemented. The follow-
up inspection is to ensure the stormwater best management practices are functioning as
designed and proper maintenance is being carried out.
While for residential properties, it anticipated that 8,300 residential properties will apply for
and be eligible for stormwater credits at the time the program is implemented. It is not
expected that every property that submits a stormwater credit registration form will be
inspected. Similar to the way the Region of Waterloo does quality assurance/quality control
testing with the low flow toilet rebate program, a sample of residential properties that are
enrolled in the credit program will be inspected each year of the program.
Those properties found not to be complying with the requirements of the stormwater credit
program will lose their stormwater credits and not be eligible to re-apply for a period of 12
months and not until the noted deficiencies have been rectified.
5. Will a credit be available for having large mature trees on my property?
No. In Kitchener, staff currently do not have enough information to quantify the benefits that
trees provide to the municipal stormwater management system. It is proposed that the
benefit of trees be studied further and if merit is found, to provide stormwater credits for
certain types and sizes of trees, then this would be taken into consideration in the future.
6. 1 own a property on the banks of one of the watercourses in the city, is there a
stormwater credit for owning this type of riparian property?
No. The natural watercourses throughout the municipality are considered part of the
municipal stormwater management system. As identified in the 2008 stormwater
management audit more than $130M of stormwater pond retrofits and watercourse capital
works are necessary over the next 20 years in order to meet local water quality targets.
As all properties that have impervious surfaces also increase the amount of uncontrolled
run-off entering our natural watercourses, there is no credit specific for riparian properties.
These properties are still eligible for the other stormwater credits proposed in this policy.
7-9
7. How do we apply for the stormwater credit and when can we begin to apply for it?
Council approval for the stormwater credit policy is being sought on January 16, 2012. If
approved, an implementation phase will begin during which the billing system modifications
will be made and the stormwater credit application forms will be developed. Once these
necessary steps and processes are completed the stormwater credit program will be in
effect and approved customers will begin to see stormwater credits appear on their monthly
utility bill. It is anticipated the stormwater credit program will be effective July 1, 2012, based
on receiving Council approval on January 16, 2012. Property owners will also be able to
apply for retroactive credits for a period of about 1 year after council approval. Customers
would need to apply for retroactive credits prior to March 1, 2013 to remain eligible for
retroactive credits.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Community Priority -Environment
"Continue to show leadership in the development of an environmentally sustainable community."
The City continues to ensure effective implementation of the stormwater management facilities
in a sustainable and optimized manner in order to protect the environment and source water.
FINANCIAL IMPLICATIONS:
Funding of approximately $600,000 was included in the 2011 and 2012 stormwater utility
budget. This funding would be used for non-residential, multi-residential and residential credits
as well as staff costs as outlined in Table 5.
Table 5: 2012 Projected Credit Program Costs
Description Anticipated Number
of Applications 2011 2012 (2011 +3%)
Residential Credits 8,300 $222,679 $229,359
Non-residential and Multi-
residential Credits 250 $258,564 $266,320
Staff Resourcing - - $160,000
Total - $481,243 $655,679
Budget - $614,000 $589,000
Variance
(favourable) /unfavourable
($132,757)
$66,679
Year End Balance - ($132,757) ($66,078)
As indicated in the policy development work plan on November 28, 2011 (see INS 11-094),
resource requirements to administer the stormwater credit program would be identified in
December 2011 and were not known at the time of budget presentations. During 2012, staff
resources will be required to be deployed to advance and sustain the stormwater credit
program. Two (2) stormwater ambassador student positions (May to August), one (1)
7-10
stormwater utility program assistant (full-time), and one (1) stormwater utility engineering
technologist (full-time) will be required so as to enable the implementation of the stormwater
rate credit programming in 2012. The cost for this will be approximately $160,000 or about 1.3%
of the total 2012 stormwater utility budget (or 13% of the available stormwater credits budget).
Funding is available in the approved 2011 stormwater utility operating budget to implement the
stormwater Credit & Rebate Policy.
Staff would be required to complete the following tasks:
• Inspection of non-residential stormwater best management practices to ensure
compliance with credit program criteria and the completion of necessary maintenance
activities.
• Utility account administration functions including rate payer liaison and public
communications in order to ensure the credit program is implemented on July 1, 2012.
• Processing stormwater credit registration applications and administering account credits
in the billing system.
• Inspection of residential stormwater best management practices to ensure compliance
with credit program criteria and to demonstrate further methods of increasing the amount
of stormwater that is diverted from the municipal stormwater management system.
• Work collaboratively with Waterloo Region Green Solutions (operating as REEP) to
develop and deliver the iRAIN! program funded in part by the Kitchener LEAF grant.
Waterloo Region Green Solutions, (operating as REEP), Green Communities Canada,
Kitchener and Waterloo submitted an application for approximately $1 M in funding to the
Ontario Ministry of the Environment under the Showcasing Water Innovations program. This
grant application has the objective of augmenting the iRAIN! program previously described and
is proposed as a three year project (2012-2014) that will demonstrate a community based
alternative approach to emphasizing source reduction of stormwater pollutants and volume. This
innovative project will engage property owners in lot level action. It is directly related to our
efforts to implement stormwater credits for residential properties and provides education to all
sectors about practical action they can take to best manage the water that falls on their
property, and to receive credit for their actions on their utility bill. This collaborative approach will
enable our community to develop educational material for non-residential, multi-residential and
residential sectors
The Regional Municipality of Waterloo and Kitchener submitted an additional application for
approximately $1M in funding under the Showcasing Water Innovations program for the Victoria
Park Lake Improvements. A three year co-operative trial is proposed to be carried out to convert
the excavated sediment from the Victoria Park Lake Improvements into a topsoil product. It is
believed that with sufficient dewatering and mixing, the material could serve as planting media
at landfill sites. This would be a co-operative arrangement between the City of Kitchener and the
Region of Waterloo. At the end of the three-year trial program, considerable knowledge will be
gained as to whether stormwater management pond sediments, like those found in Victoria Park
Lake, should be considered as a sustainable source of topsoil for the landfill over the next 30
years. The city has over 100 stormwater management ponds that will require maintenance and
cleanout and it is estimated that further 200,000 cubic metres of sediment will need to be
disposed of in this fashion. The outcome of this project may significantly reduce the long term
costs of cleaning stormwater management facilities.
7-11
Any funding received from the Showcasing Water Innovations program would be allocated to
specific project costs and shared among the partnerships formed for each project. The outcome
of these applications is still pending approval from the Ministry of Environment.
COMMUNITY ENGAGEMENT:
Public consultation has been a key component of this process and has been integrated as
follows:
• The Cities have collaborated with the University of Waterloo Survey Research Centre to
complete a survey of residential property owners in order to assess their relative
preferences of various credit policy alternatives (similar to the Your Kitchener Environics
Study (2009)).
• The first public information centre to present the five alternatives to the public was
conducted on September 29, 2011. Input and feedback was received and incorporated
into the evaluation of alternatives.
• The recommended alternative was presented at the second public information centre on
Wednesday, November 23, 2011. The public had opportunity to provide input and
feedback on the recommended alternative.
• The City of Kitchener website has been updated throughout the process to keep the
public informed.
• Consultation has also taken place with the Grand River Conservation Authority,
Waterloo Region Home Builders Association, Greater Kitchener-Waterloo Chamber of
Commerce, Grand River Property Manager's Association, and the Kitchener
Environmental Committee.
CONCLUSION:
In August 2011, the City of Kitchener was awarded the Peter J. Marshall Municipal
Innovation award from the Association of Municipalities of Ontario for the implementation of the
stormwater utility. The award recognizes those municipal governments demonstrating
excellence in the use of innovative approaches to improve capital and/or operating efficiency
and to generate effectiveness through alternative service delivery initiatives and partnerships.
To build on this recognition, staff from the Cities of Kitchener and Waterloo have proceeded to
develop a stormwater rate credit policy that rewards property owners installing and properly
maintaining their own stormwater management facilities. Staff have completed the Council
approved work plan, which included public consultation, researching of practices from other
municipalities, and a thorough analysis of various options.
Staff are recommending a policy for council's consideration with the objective of encouraging
the implementation of measures on private property in order to reduce total runoff volume and
pollutant loading discharged to the city's stormwater management system.
It is proposed that two (2) policies be created -one for non-residential and multi-residential
property owners, and another for residential property owners, due to the influence that they
have over stormwater runoff, each of the credit policies are tailored to address specific issues.
After the policy framework and necessary by-law amendments are in effect, staff will ensure
they are implemented and customers can begin receiving stormwater credits, as soon as
possible. The policies would be retroactive to the January 1, 2011 for all eligible property
7-12
owners applying before March 1, 2013. Property owners would qualify for stormwater rate
credits when they can demonstrate that their existing or proposed stormwater facilities or
applied best management practices are functioning as approved.
ACKNOWLEDGED BY: Pauline Houston, Deputy CAO
Infrastructure Services Department
Appendix A -Schedule `A' stormwater Rate Schedule
Appendix B -Schedule `B' stormwater Non-Residential and Multi-Residential Credits
Appendix C -Schedule `C' stormwater Residential Credits
Appendix D -stormwater Charge Bylaw Amendment
7-13
Stormwater Charges -Schedule `A' of City By-Law (March 1, 2012)
Number of Monthly Annual
Type
Code Description Basis for Charge Dwelling
Units Charge per
Property Charge per
Property
1 Residential Single Detached Small Detached homes with building footprint 1 $5.84 $70.08
size of 105 m or less
2 Residential Single Detached Medium Detached homes with bu2lding footprint 1 $9.73 $116.76
size between 106-236 m
3 Residential Single Detached Large Detached homes with building footprint
size of 237 m or more 1 $12.79 $153.48
4 Residential Townhouse / per dwelling unit 1 $6.95 $83.40
Semi-Detached
5 Residential Condominium Per dwelling unit 1 $3.89 $46.68
Du lex $7.79 $93.48
Tri lex $11.68 $140.16
6 Multi-Residential (2-5 Units) Per building Four- lex $15.57 $186.84
Five- lex $19.47 $233.64
Charge = (# Charge = (#
7 Multi-Residential (>5 Units) Per property (according to number of varies units) x units) x
dwelling units) ($1.95/month) ($23.40/year)
See Note 2 See Note 2
8 Non-Residential Smallest 26 -1,051 m of im ervious area $19.72 $236.64
9 Non-Residential Small 1,052 -1,640 m of impervious area $49.78 $597.36
10 Non-Residential Medium-Low 1,641 -7,676 m of impervious area $130.43 $1,565.16
11 Non-Residential Medium-High 7,677 -16,324 m of impervious area n/a $380.72 $4,568.64
12 Non-Residential Lar e 16,325 -39,034 m of im ervious area $922.55 $11,070.60
13 Non-Residential Lar est 39,035 m or reater of im ervious area $1,980.91 $23,770.92
Notes:
1. Example: 10-unit apt. _ $19.50/mo ($234.00/yr).
2. Non-Residential tiers (Billing Codes 8-13) include both Taxable and Tax-Exempt properties.
3. Non-Residential properties with less than 26.0 sq. m. of impervious area are not charged.
7-14
Schedule `B'
(to By-law 2010-113, as amended by 2011-153)
stormwater Non-Residential and Multi-Residential Credits
(Effective July 1, 2012)
Non-residential and multi-residential (>5 dwelling units) customers (the "Applicant") may
qualify for rate credits when the Applicant can demonstrate that the property owned by
the Applicant (the "Property") contains impervious areas that are directed to approved, or
in accordance with, stormwater quantity and/or quality best management practices
("BMP"). The BMP must provide the City with a cost savings that the City otherwise
would incur as part of their efforts to manage stormwater.
B.1 Restrictions
a) No public or private property shall be eligible to receive credits for any condition
or activity unrelated to the reduction of the City's cost of providing stormwater
management services, as determined by the Director of Engineering;
b) Credits will not apply to fees attributable to new development or redevelopment
projects;
c) Any stormwater BMP off site or within a permanent easement maintained by the
City shall not be eligible for a credit; and,
d) Credits shall only be given to the registered owner of the Property.
B.2 Conditions and Requirements
a) The Applicant shall complete a stormwater credit registration form (the "Form").
The Form may be printed or electronic, and may be submitted with supporting
documentation (if required) by mail, fax or over the Internet.
b) A signed Form shall constitute authority for the City to perform limited announced
inspections of the Property to determine the eligibility of the on-site stormwater
BMPs, and the accuracy of the credit calculation. The inspection shall be limited
to stormwater BMPs and other elements described in the registration. The City
shall schedule the inspections at a date and time that is mutually acceptable to
both parties. The City will offer the Applicant at least one (1) opportunity to
reschedule to a mutually agreeable date and time.
c) Credits will only be applied if requirements in this schedule are met, including but
not limited to: completion of ongoing maintenance, guaranteed right-of-entry for
inspections and submission of self certification reports, on an annual basis, as at
the discretion of the Director of Engineering;
d) Unless otherwise obligated by law, the City shall limit the use of the Form or
other registration documents to activities required to administer stormwater
credits;
e) Credits will be defined as percent (%) reductions to the City's stormwater portion
of the utility bill;
f) One credit for each credit category described in Section B.3 can be applicable to
a Property pursuant to the schedule, up to a maximum of 45% of the assessed
stormwater rate;
7-15
g) Any BMP must comply with all applicable municipal, provincial and federal
standards and guidelines;
h) As long as the BMP is functioning as approved and as demonstrated by self-
certification reports and City inspections, the credit will be applied to the
stormwater portion of the utility bill. If the approved BMP is not functioning as
approved or is terminated for any reason whatsoever, the reduction will be
cancelled and the rate will be returned to the baseline calculation. In the
circumstance that a BMP is no longer functioning as approved, the Applicant
shall reimburse the City the entire amount of the credit received in respect of the
Property since the last inspection by the City. Once the credit reduction has
been cancelled, a customer may not reapply for a credit for a period of 12
months and only upon the deficiency being rectified as determined by the City
inspection;
i) Credits will be applied retroactively to January 1, 2011 if the Form has been
received prior to March 1, 2013, if such Form is approved. The retroactive credit
is processed as a one time adjustment to an active customer utility account. If the
Applicant took ownership of the Property and established a utility account after
January 1, 2011 the credit will only be retroactive to the effective date of the
utility account. Previous account holders are not eligible for the credit after
moving out. Any Forms received after March 1, 2013, that are approved, will
have the credits applied to a future billing cycle after receipt of the Form;
j) Only stormwater management facilities that serve the Property described on the
Form shall be credited toward that Property's bill. The Applicant cannot transfer
credit eligibility from the Property to another property owned by the Applicant.
Similarly, the credit eligibility of a Property does not transfer from the Applicant to
anew owner of the Property, without a separate Form completed on behalf of the
new owner of the Property; and
k) All stormwater control BMPs must be an accepted practice referred to in the
applicable City of Kitchener Development Manual at the time of registration, as
certified by qualified person. The City may waive this requirement for a
stormwater BMP that was installed prior to January 1, 2011, if such facilities are
operating effectively and do not threaten or harm the Property, neighbouring
property, City facilities or the environment, as determined by City inspections.
B.3 stormwater Credits
B.3.1 Option 1. Quantity Control Credit
The percentage allocated for this credit is based on the percentage of impervious area
that is directed to an approved quantity control BMP.
The maximum credit for this category is 25%.
B.3.2 Option 2. Quality Control Credit
The percentage allocated for this credit is based on the percentage of impervious area
that is directed to an approved quality control BMP as well as the degree of treatment
the BMP provides based on criteria established by the Ministry of Environment.
B.3.2.1 Enhanced Quality Control
7-16
Enhanced quality corresponds to the long term average removal of 80% of total
suspended solids. The percentage allocated for this credit is based on the
percentage of impervious area directed towards enhanced quality controls.
The maximum credit for this category is 15%.
B.3.2.2 Normal Quality Control
Normal quality corresponds to the long term average removal of 70% of total
suspended solids. The percentage allocated for this credit is based on the
percentage of impervious area directed towards normal quality controls.
The maximum credit for this category is 10%.
B.3.2.3 Basic Quality Control
Basic quality corresponds to the long term average removal of 60% of total
suspended solids. The percentage allocated for this credit is based on the
percentage of impervious area directed towards basic quality controls.
In addition to the total suspended solids removal criteria, the Applicant may also
eligible for the basic pollution reduction credit if they have implemented a paved
area sweeping program, a salt management plan, or both.
Paved Area Sweeping Program: the following minimum criteria must be satisfied:
a) Submit a detailed paved area sweeping plan to include definition of areas to
be swept, frequency of sweeping (minimum twice per month), debris disposal
method, and type of sweeper used.
b) Provide documentation of plan implementation, such as copies of paid
invoices or employee timesheets, or a certification of work accomplished,
prepared and signed by an officer of the sweeping company.
Salt Management Plan -the following criteria must be satisfied:
a) The Property or facility must be accredited through the "Smart About
Salt" certification program or have an approved salt management plan
that is administered by a contractor with "Smart About Salt" certification.
The maximum credit for this category is 5%.
B.3.3 Option 3. Education Credit
Non-residential customers are eligible to receive the stormwater education credit for
educating employees in the areas of flood prevention and pollution reduction if the
following criteria are satisfied:
a) Devote fifteen minutes per quarter (or an hour annually) to educating
employees about flood prevention and pollution reduction. Additionally,
provide basic stormwater management information to new employees.
Organizations will be required to submit programs or agendas to the City for
environmental education sessions that will include information concerning
7-17
number of attendees, time(s), place(s), and topic(s) covered during each
session along with confirmation that a 50% employee participation goal was
met. Pre and post session surveys are recommended. Topics must rotate on
at least an annual basis;
b) Post stormwater and water quality specific educational information obtained
from the City, provincial/federal environmental agencies, or from any other
reputable educational resource center in employee frequented areas.
Information posted must be clearly visible. Information topics must rotate on
at least an annual basis. Copies of posted materials must be provided to the
City;
c) Distribute stormwater and water quality specific literature obtained from the
City, provincial/federal environmental agencies, or from any other reputable
educational resource center to all employees on a quarterly basis and provide
copies to the City with the annual self certification report. Literature topics
must rotate on at least an annual basis; and
d) All materials to be used in presentations must be reviewed and approved by
the City before use in this program.
Non-residential customers are eligible to receive the stormwater education credit for
educating the City stormwater customer base in the areas of flood prevention and
pollution reduction if the following criteria are satisfied:
a) Disseminate stormwater and water quality specific literature obtained from the
City, provincial/federal environmental agencies, or from any other reputable
educational resource center to customers on a quarterly basis using high traffic
area kiosks, advertised special events, customer mailings, product label
advertisements, public service announcements, advertisements, educational
curricula, or other mass distribution techniques. Information topics must rotate on
at least an annual basis. Copies of disseminated materials must be provided to
the City along with estimates of the number of customers reached in each annual
self certification report; and
b) All materials to be used in presentations must be reviewed and approved by the
City before use in this program.
Schools, public or private, are eligible to receive the stormwater education credit for
educating students and employees in the areas of flood prevention and pollution
reduction if the following criteria are satisfied:
a) Devote two hours per half (four hours annually) to educating one grade level of
students (or split between two grade levels) about water quality awareness and
protection. Educational institutions will be required to submit programs or
agendas to the City for environmental education sessions that will include
information concerning number of attendees, time(s), place(s), and topic(s)
covered during each session. The City will assist with providing materials for the
education program. Pre and post session surveys are recommended. Topics
must rotate on at least an annual basis, or become part of the curriculum for the
same grade level each year;
b) Devote fifteen minutes per quarter (or an hour annually) to educating employees
about water quality awareness and protection. Additionally, provide basic
stormwater management information to new employees. Topics must rotate on at
least an annual basis;
7-18
c) Post stormwater and water quality specific educational information obtained from
the City, provincial/federal environmental agencies, or from any other reputable
educational resource center to student and employees frequented areas.
Information posted must be clearly visible. Topics must rotate on at least an
annual basis. Provide copies of posted materials to the City;
d) Distribute stormwater and water quality specific literature obtained from the City,
provincial/federal environmental agencies, or from any other reputable
educational resource center to target students and all employees on an annual
basis and provide copies to the City with annual self certification report. Topics
must rotate on at least an annual basis.
The maximum credit for this category is 5%.
7-19
Schedule "C"
(to By-law 2010-113, as amended by 2011-153)
(Effective July 1, 2012)
stormwater Residential Credits
Residential (<5 dwelling units) customers may qualify for rate credits when the Applicant
can demonstrate that the property owned by the Applicant (the "Property") contains
impervious areas that are directed to approved, or in accordance with, stormwater
quantity and/or quality best management practices ("BMP"). The BMP must provide the
City with a cost savings that the City otherwise would incur as part of their efforts to
manage stormwater.
B.1 Restrictions
a) No public or private property shall be eligible to receive credits for any condition
or activity unrelated to the reduction of the City's cost of providing stormwater
management services, as determined by the Director of Engineering;
b) Credits will not apply to fees attributable to new development or redevelopment
projects;
c) Any stormwater BMP off site or within a permanent easement maintained by the
City shall not be eligible for a credit; and,
d) Credits shall only be given to the registered owner of the Property.
B.2 Conditions and Requirements
a) The Applicant shall complete a stormwater credit registration form (the "Form").
The Form may be printed or electronic, and may be submitted with supporting
documentation (if required) by mail, fax or over the Internet.
b) A signed Form shall constitute authority for the City to perform limited announced
inspections of the Property to determine the eligibility of the on-site stormwater
BMPs, and the accuracy of the credit calculation. The inspection shall be limited
to stormwater BMPs and other elements described in the registration. The City
shall schedule the inspections at a date and time that is mutually acceptable to
both parties. The City will offer the Applicant at least one (1) opportunity to
reschedule to a mutually agreeable date and time.
c) Credits will only be applied if requirements in this schedule are met, including but
not limited to: completion of ongoing maintenance and guaranteed right-of-entry
for inspections, on an annual basis, as at the discretion of the Director of
Engineering;
d) Unless otherwise obligated by law, the City shall limit the use of the Form or
other registration documents to activities required to administer stormwater
credits;
e) Credits will be assigned as per section B.3 up to a maximum of 45% assessed
stormwater rate;
f) Credits will be defined as percent (%) reductions to the City's stormwater portion
of the utility bill;
g) Any BMP must comply with all applicable municipal, provincial and federal
standards and guidelines;
h) As long as the BMP is functioning as approved and as demonstrated by City
inspections, the credit will be applied to the stormwater portion of the utility bill. If
7 - 20
the approved BMP is not functioning as approved or is terminated for any reason
whatsoever, the reduction will be cancelled and the rate will be returned to the
baseline calculation. In the circumstance that a BMP is no longer functioning as
approved, the Applicant shall reimburse the City the entire amount of the credit
received in respect of the Property since the last inspection by the City. Once
the credit reduction has been cancelled, a customer may not reapply for a credit
for a period of 12 months and only upon the deficiency being rectified as
determined by the City inspection;
i) Credits will be applied retroactively to January 1, 2011 if the Form has been
received prior to March 1, 2013, if such Form is approved. The retroactive credit
is processed as a one time adjustment to an active customer utility account. If the
Applicant took ownership of the Property and established a utility account after
January 1, 2011 the credit will only be retroactive to the effective date of the
utility account. Previous account holders are not eligible for the credit after
moving out. Any Forms received after March 1, 2013, that are approved, will
have the credits applied to a future billing cycle after receipt of the Form;
j) Only stormwater management facilities that serve the Property described on the
Form shall be credited toward that Property's bill. The Applicant cannot transfer
credit eligibility from the Property to another property owned by the Applicant.
Similarly, the credit eligibility of a Property does not transfer from the Applicant to
anew owner of the Property, without a separate Form completed on behalf of the
new owner of the Property;
k) All stormwater quantity control BMPs must be a municipality accepted practice.
Accepted stormwater storage practices include:
1. Infiltration galleries
2. Storage devices (e.g. cisterns, rain barrels)
3. Landscaping techniques (e.g. rain gardens, depressed areas to collect
rainwater)
4. Combination of first three techniques;
B.3 Residential Quantity Control Credit
The percentage allocated for this credit is based on the storage volumes in Table 1.
TABLE 1: Residential Quantity Control BMP Credit Values
Volume Captured Examples Credit
200 - 400 L 1-2 rain barrels 9%
401 - 800 L 3-4 rain barrels 18%
• small cistern
801 - 2400 L small cistern 27%
• combination of small
cistern and rain barrels
2401 - 3200 L large cistern 36%
• combination of cistern
and rain barrels
3201 L or more large cistern 45%
• infiltration gallery
7-21
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law Number 2010-113 of The
Corporation of the City of Kitchener pertaining to Storm Water
Charges. )
WHEREAS the Corporation of the City of Kitchener adopted By-law Number 2010-
113with respect to the creation of the Storm Water utility;
AND WHEREAS By-law Number 2010-113 was amended by By-law Number 2011-
153 in June of 2011 to allow for the creation of the Storm Water Charge Credit Policy;
AND WHEREAS the Storm Water Charge Credit Policy has now been created and
the Council of the Corporation of the City of Kitchener is desirous of implementing such
Storm Water Charge Credit Policy;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Schedule "A" of By-law Number 2010-113 as amended by 2011-153, is hereby
deleted in its entirety and replaced with Schedule "A" attached hereto.
2. Schedule "B" of By-law Number 2010-113, as amended by 2011-153, is hereby
deleted in its entirety and replaced with Schedule "B" attached hereto; and
3. Schedule "C" of By-law Number 2010-113, as amended by 2011-153 is hereby
deleted in its entirety and replaced with Schedule "C" attached hereto.
PASSED at the Council Chambers in the City of Kitchener this day of
A. D. 2011.
Mayor
Clerk
7 - 22