Public Works Department
Stormwater Services Billing Unit
Phone: (919) 560-1258
Fax: (919) 560-4316
E-mail: SWSBU@durhamnc.gov
Proposed Stormwater Utility Rate Increase
History of Stormwater Management
The Stormwater Utility Fee
How Fees Are Used
The History of Stormwater Management
The Clean Water Act of 1972 helps protect rivers, streams, and lakes from pollution. As part of this act, the Environmental Protection Agency (EPA) created the National Pollutant Discharge Elimination System (NPDES). This system tracks and controls sources of pollution through permits. The EPA delegated the authority to issue and enforce NPDES permits to the State of North Carolina in 1975.
In 1990, cities with large populations were required to get NPDES permits for their stormwater drainage systems. This water is considered a source of pollution because of all the contamination it collects as it flows over impervious surfaces. In North Carolina this meant that Durham, Raleigh, Charlotte, Greensboro, Fayetteville, and Winston-Salem all had new stormwater requirements.
This new NPDES permit from the State of North Carolina requires the City to develop a stormwater management program that has the following activities:
- Provide education about polluted stormwater runoff
- Give residents the opportunity to be involved in activities that reduce polluted stormwater runoff
- Find and stop illegal sources of pollution
- Control runoff from construction sites both during and after construction
- Take steps to prevent runoff from buildings and activities
- Operate and maintain the public drainage system
All of these activities are designed with the goal of making sure clean water is available both now and in the future.
Polluted stormwater runoff is one of the largest causes of water pollution in North Carolina. Why do we care? We care because when our water is polluted we all pay in one way or another. Water contaminated with sediment and pollution takes more money to treat before it can be used for drinking water. Tourism and recreation businesses suffer along with residents when swimming, fishing, and boating are not allowed because of safety concerns. Damage from unmitigated flooding can raise merchant prices and insurance rates. We care that our polluted water flows to the Atlantic Ocean and causes problems for many other people, plants, and animals along the way. And the list goes on! Because everyone plays a role in creating the pollution in stormwater runoff, we all have a role in cleaning it up.
The Stormwater Utility Fee
The City of Durham has many requirements because of its NPDES permit. These include closely managing the stormwater drainage system, eliminating illegal dumping, tracking our water quality, enforcing the City’s Stormwater Ordinance, and involving the public in these processes. Regulations such as the Jordan Lake Nutrient Management Rules, Falls Lake Nutrient Sensitive Waters Management Plan, and Total Maximum Daily Load requirements for Third Fork Creek and Northeast Creek are likely to create even more responsibilities for the City in the near future.
These program requirements all have their cost. The federal government requires the City to designate a steady source of funds to cover these costs. As with other such expenses, the City has to pass the cost of providing these services on to its residents (this is allowed by State of North Carolina regulations).
The City has two tools to fund services it provides residents: fees and taxes. Property taxes are based on the value of a property which is not an accurate indicator of how much stormwater flows off of that property. A utility fee allows the City to bill properties based on the runoff they create. In addition, the City completed a study that determined it would be less expensive, for both the City and its residents, to distribute stormwater related expenses as a utility fee rather than an increase in property taxes. This fee became part of the City’s Municipal Ordinance in 1994. This ordinance was updated in 2004, 2009 and then again in 2010.
The amount of impervious surface area on a property is the single most important factor affecting the amount of water flowing off a property and how quickly that water flows off a property. The amount and velocity of stormwater is important because it can affect flooding, erosion, and how much pollution the water is able to carry with it. Research has shown that as the amount of impervious surface in an area increases, the amount of polluted runoff also increases. Because of this, basing stormwater utility fees on the impervious area on a property is one of the most common methods used to determine fees in North Carolina. The City of Durham is one of more than 30 North Carolina governments that base its utility fees on the amount of impervious area on a property. All developed land in the city, whether public or private, is charged this stormwater utility fee. Exemptions are not allowed based on age, tax exemption, or other status of the property owner.
As of July 1, 2009, residential properties are assigned to one of three tiers based on the amount of impervious area on the property. More information is available about how the impervious area for a property is calculated. To learn more about the three residential billing tiers, click here. (Townhomes, condominiums, and other residential properties that have common ownership of impervious areas are considered a separate category from single unit residential properties. Read more on the stormwater utility fee rates page).
Non-residential properties are billed based on how many equivalent residential units (ERU) of impervious area are on the property. In Durham, an ERU is 2,400 square feet. For every ERU, commercial properties are charged $5.34/month. To learn more about how non-residential properties are billed, visit the stormwater utility fee rates page.
How Fees Are Used
The stormwater utility fee generates approximately $10.84 million annually. This money is used for activities such as:
- Keeping our roads clean (street sweeping, litter control, and dead animal removal)
- Maintaining, cleaning, and repairing the public drainage system that helps protect lives and property from flooding
- Running the household hazardous waste collection program
- Inspecting commercial and industrial facilities to make sure they comply with the City’s Stormwater Ordinance
- Reviewing and permitting stormwater controls like retention ponds and other best management practices
- Complying with federal and state requirements related to stormwater and water quality
- Monitoring local water quality and running an illicit discharge identification and elimination program
- Stream restoration projects that help protect our local waterways
- Educating residents about preventing stormwater pollution
