Stormwater Utility

The Federal Water Pollution Control Act of 1948 was the first major U.S. law to address water pollution. Growing public awareness and concern for controlling water pollution led to sweeping amendments in 1972. As amended in 1972, the law became commonly known as the Clean Water Act (CWA).

The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and expanded in 1972. "Clean Water Act" became the Act's common name with amendments in 1972.

The 1972 amendments

• Established the basic structure for regulating pollutant discharges into the waters of the United States.
• Gave EPA the authority to implement pollution control programs such as setting wastewater standards for industry.
• Maintained existing requirements to set water quality standards for all contaminants in surface waters.
• Made it unlawful for any person to discharge any pollutant from a point source into navigable waters, unless a permit was obtained under its provisions.
• Funded the construction of sewage treatment plants under the construction grants program.
• Recognized the need for planning to address the critical problems posed by nonpoint source pollution.

Subsequent amendments modified some of the earlier CWA provisions. Revisions in 1981 streamlined the municipal construction grants process, improving the capabilities of treatment plants built under the program. Changes in 1987 phased out the construction grants program, replacing it with the State Water Pollution Control Revolving Fund, more commonly known as the Clean Water State Revolving Fund. This new funding strategy addressed water quality needs by building on EPA-state partnerships.

Over the years, many other laws have changed parts of the Clean Water Act. Title I of the Great Lakes Critical Programs Act of 1990, for example, put into place parts of the Great Lakes Water Quality Agreement of 1978, signed by the U.S. and Canada, where the two nations agreed to reduce certain toxic pollutants in the Great Lakes. That law required EPA to establish water quality criteria for the Great Lakes addressing 29 toxic pollutants with maximum levels that are safe for humans, wildlife, and aquatic life. It also required EPA to help the States implement the criteria on a specific schedule.

CLASSIFICATIONS

RESIDENTIAL

Single Family = 1 ERU

Duplex (1 meter) = 1 ERU

Duplex (Separately metered) = 0.5 ERU per unit

Triplex (1 meter) = 1 ERU

Triplex (Separately metered) = 0.33 ERU per unit

Twindo = 0.5 ERU per unit

NONRESIDENTIAL 

Apartment buildings with 4 or more units = Impervious area / 2,841 sq ft 

Condos (1 meter) = Impervious area / 2,841 sq ft 

Condos (Separately metered) = # of ERU’S / # of units (# of ERU’S = Impervious area / 2,841 sq ft)

Commercial parcel = Impervious area / 2,841 sq ft  

Industrial parcel = Impervious area / 2,841 sq ft 

Municipal Authority parcel = Impervious area / 2,841 sq ft 

Undeveloped & agricultural parcels = No stormwater charge

RATES 

User charges shall be imposed on all developed property with impervious area in the City to recover all or a portion of the costs of the stormwater utility. The amount of such charges shall be based on a rate per Equivalent Runoff Unit (ERU).   The annual rate per ERU shall be established pursuant to further resolution of the Common Council and shall be fair and reasonable. A schedule of current rates shall be maintained and on file in the office of the City Clerk.

• All developed property with impervious area shall be assigned ERUs. Each residential property shall be assigned one (1) ERU. The number of ERUs assigned to non-residential property shall be determined by the Director based upon the non-residential property’s actual impervious area (in square feet) divided by 2,841 (carried out to the nearest 0.1). 
• The Director shall be responsible for determining the impervious area based on the best available information, including, but not limited to, data supplied by the City Assessor, aerial photography, the property owner, tenant, or developer. The billing amount shall be updated by the Director based on any additions or reductions to the impervious area. Individual property owners may submit site and building surveys to the Director that help more accurately determine the total area and impervious area.
• All unoccupied developed lots and parcels with impervious surfaces shall be subject to a stormwater utility charge. 
• The minimum charges for any parcel shall be equal to the rate for four tenths (0.4) ERU, unless it contains no impervious surface.
• In the event the owner and non-owner users of a particular property are not the same, the liability for the charges attributable to that property shall be joint and several.

BILLINGS

Stormwater charges will be billed to the utility customer or owner of the tax parcel and shall be payable at the same time and in the same manner as water and wastewater charges according to a Utility Billing Policy approved by the Board of Public Works. 

Stormwater charges will be assigned to accounts in the following manner:

• Single Family = 1 ERU billed to established account
• Duplex (1 meter) = 1 ERU billed to established account
• Duplex (each metered) = .5 ERU billed to each established account
• Triplex (1 meter) = 1 ERU billed to established account
• Triplex (each metered) = .33 ERU billed each established account
• Twindo (each metered) = .5 ERU billed to each established account
• Condos (1 meter ) = # of ERU billed to the condo association 
• Condos (each metered ) = # of ERU split between all condos in the condo association and will be billed to each established account.
• Apartments with 4 or more units = # of ERU will be billed to property owner.  If apartments are currently separately metered in the water system a new account will be set up to bill to the owner.
• Commercial = # of ERU will be billed to the property owner.  If commercial areas are separately metered (ex: Valley View Mall, the Village) a new account will set up to bill the property owner.
• Industrial = # of ERU will be billed to the property owner.
• Municipal Authority = Impervious / 2841 sq ft will be billed to one account listed with that parcel.

A separate stormwater account and utility bill will be established for those properties that do not receive a water/wastewater bill.  The Stormwater charge will be billed with the corresponding period of water bills and shall be payable to the City no later than 20 days after the billing date. A penalty of one (1%) percent will be added to bills that are not paid within 20 days of issuance.  Each month the bill is not paid in full, a one (1%) percent charge will accrue on the balance.

The owner of any property that is occupied by tenants shall have the right to examine during normal business hours the appropriate records of the City to determine whether such fees and charges have been paid by such tenants.  Delinquent stormwater charges may be placed as a lien upon the property as provided in Sections 66.0821(4)(d) and 66.0809, Wisconsin Statutes.  Any item billed before October 1st each year but not paid by November 1st will be added to the real estate taxes for the property plus a 10% penalty.  

Alternative Method to Collect Stormwater Charges

In addition to any other method for collection of the charges established under this section, or subsequent resolution, such charges may be and are hereby authorized to be levied and imposed on property as a special charge pursuant to Section 66.0627, Wisconsin Statutes. The mailing of the bill for stormwater charges to a property owner shall serve as notice to the property owner that failure to pay the charges when due may result in the charges being imposed pursuant to the authority of Section 66.0627, Wisconsin Statutes. The procedures contained in Section 66.0627, Wisconsin Statutes, shall govern such notice and further collection procedures.

CREDITS

Property owners may qualify for a credit to their stormwater utility charges, per the conditions of the current Credit Policy, as approved by the Board of Public Works.

Originally Adopted By Board of Public Works - January 30, 2012

Funding

A stormwater utility is an enterprise fund for which stormwater related revenues and expenditures are separate from the City of La Crosse’s general tax levy.

A stormwater utility is a more equitable way to fund stormwater treatment because the user fees are based on how much run-off the user produces, not their property’s value or tax status. Prior to the development, residential properties paid over 50% of stormwater costs but produced only 28% of the run-off, while tax-exempt properties did not pay anything for stormwater infrastructure and treatment.

All properties within the city, including nonprofit organizations such as schools and churches contribute to the fund based upon the amount of impervious surface on their property. 

Distribution of funds

Stormwater utility funds are dedicated to the planning, maintenance and construction of stormwater facilities necessary to reduce runoff pollutants to meet the WDNR (Wisconsin Department of Natural Resources) mandates. Stormwater facilities include detention ponds, storm sewer maintenance, street sweeping and erosion control.

A stormwater utility also provides a source of funds that can be borrowed against to fund and payback larger scale stormwater improvement projects.

Stormwater charges are developed based on an Equivalent Runoff Unit (ERU) of a property. To determine the ERU, aerial photography was used to outline pervious and impervious areas to determine the amount of pervious and impervious area. An average was determined for single family homes, which came to 2,841 square feet of impervious surface. Therefore, the La Crosse Stormwater Utility value for one (1) ERU is 2,841 square feet.

RESIDENTIAL

Residential properties would be charged based on this calculated average at one (1) ERU per quarter. Residential properties include any property zoned or used exclusively for residential purposes with each structure containing three or fewer housing units within a structure, and not more than 9 living units.

Therefore each single family home, duplex (Excluding "Super-Duplexes"), triplex (Excluding "Super-Triplexes") and twindo will be charged one (1) ERU per quarter. Those duplexes and triplexes with multiple water meters will have the one (1) ERU divided among the number of meters.

NON -RESIDENTIAL

Non-residential properties include any developed property not defined as “residential property” by the Stormwater Utility ordinance, such as condominiums, multi-family apartment buildings with four or more dwelling units, parking lots, as well as all other properties zoned or used for commercial, industrial, institutional or governmental purposes. The number of ERU’s assigned to non-residential properties is based on the actual impervious area (in square feet) divided by the value of an ERU at 2,841 square feet (carried to the nearest .1).

Non-Residential parcels

Property owners can reduce the amount of impervious surface on the parcel by removing unused structures, pavement, or other impervious areas, and replace it with grass.

A Stormwater Change Form must be completed if impervious area is removed from a parcel, and this will actually reduce the impervious surface on the parcel, which then will reduce the total Stormwater Utility Fee since it is based on this factor. Property owners can implement stormwater best management practices that reduce the quantity of or improve the quality of stormwater runoff from the parcel.

A Non-Residential Credit Form must be turned into the La Crosse Utilities Office. Once reviewed and approved by the Engineering Department, a credit will be added to the utility bill. This in essence will reduce the total amount due, even though the total impervious area did not change.

Residential parcels

Property owners can implement a select set of stormwater best management practices that reduce the quantity of, or improve the quality of stormwater runoff from the parcel to quality for "quick credits". This includes, but is not limited to, installing a minimum of four (4) rain barrels, constructing a rain garden or a combination of the two. Residential parcels are more limited as to the types of credits since the impervious area is not measured and they are charged an "average".

A Residential Credit Form must be turned into the La Crosse Utilities Office. Once reviewed and approved by the Engineering Department, a credit will be added to the utility bill. This in essence will reduce the total amount due, even though the total impervious area did not change.

The maximum credit that is available to all parcels is 80% of the stormwater fee. 50% of this credit may come from water quality improvements and up to 50% from water quantity reductions.

Removing Storm charge

The only way for a property to have no stormwater charges, would be to completely demolish all structures and remove all impervious surface on a property, leaving only grass on the vacant lot. If this is done, the property owner is responsible for completing a Stormwater Change Form Application in order to provide the required documentation that no impervious surface remains on the property.

The City of La Crosse Credit Policy program offers residents and business owners a credit of up to (50%) fifty percent for stormwater quality improvements, and up to (50%) fifty percent for stormwater quantity improvements, of the quarterly stormwater utility charges with a maximum total of (80%) eighty percent credit for the parcel.  By using stormwater Best Management Practices (also known as BMPs), property owners can partially duplicate the effect of the open areas and wetlands, providing natural drainage prior to urbanization.

Below is a partial list of stormwater BMPs used

• Rain Gardens
• Bio-Retention cells
• Rain barrels
• Permeable Pavement
• Disconnected impervious surface