HomeMy WebLinkAboutAgenda - City Council - 06/07/2021AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT
IMPORTANT: This meeting with be open to the public either “in person” or virtually. The Council will be
utilizing technology that will allow attendees to speak and present whether they are on site or connected electronically. This will be the Council’s first attempt at a “hybrid” meeting so they ask for the patience of the attendees as we work through how to manage a meeting of
this type.
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OR
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Regular Session 6:30 P.M. Monday, June 7, 2021
1.Welcome & Agenda Review: Additions, deletions or changes in order of agenda items. (6:30 – 6:31PM)
2.Comments and questions from the public not related to the agenda. (6:31 – 6:41 PM)
3.Announcements and City Manager’s Report. (6:41 – 6:51 PM)
4.Consent Agenda: (6:51 – 6:52 PM)
A. *** Consider and Sign Disbursements
5. Introduce & Welcome incoming City Manager, Jessie Baker (6:52 – 7:00 PM)
6.*** Chittenden Solid Waste District (CSWD) Annual Budget presentation (7:00 PM) Sarah Reeves,
Executive Director (7:00 – 7:20 PM)
7.Appoint representative to the CSWD Board (Current representative is Paul Stabler) (7:20 – 7:30 PM)
8.*** Consider and possibly endorse solar installation concept at Airport Parkway Water TreatmentPlant - Lou Bresee, Energy Projects Manager (7:30 – 7:45 PM)
9.Update on City-Wide reappraisal – Martha Lyons, Assessor/Property Tax Collector (7:45 – 8:00 PM)
10.*** Council consideration and possible action on a Resolution for Policymaking to Reduce CarbonEmissions and Counteract Climate Change – Councilor Emery (8:00 – 8:45 PM)
11.Interviews with applicants for appointment to South Burlington Boards, Commissions and Committees
(8:45 – 9:15 PM)
12.*** Briefing on the so-called “3-Acre Rule” and updates and possible action on the South BurlingtonStormwater Ordinances – Tom Dipietro, Deputy Director, Environmental Services, DPW, Dave
Wheeler, Stormwater Superintendent, DPW, Justin Rabidoux, Director of Public Works (9:15 – 9:40PM)
13.Consider and possibly allocate FY ’21 social services funding - Tom Hubbard, Deputy City Manager
(9:40 – 9:50 PM)
14. Reports from Councilors on Committee assignments (9:50 – 10:00 PM)
15.***Convene as Liquor Control Commission to consider the following: (10:00 – 10:05 PM)
•Higher Ground, Annual License Permit
16.Other Business (10:05 – 10:10 PM)
17.Possible executive session to consider applications for appointment to South Burlington Boards,Commissions and Committees and deliberative session.
18.Possible appointment of applicants to South Burlington Boards, Commissions and Committees.
19.Adjourn
Respectfully Submitted:
Kevin Dorn
Kevin Dorn, City Manager
*** Attachments Included
Champlain Water District
Check/Voucher Register - Check Report by Fund
From 6/8/2021 Through 6/8/2021
70 - South
Burlington Water
Department
Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number
6/8/2021 4249 Aldrich & Elliott, PC Project 21001.002 5,375.00 79853
6/8/2021 4250 Champlain Water District - Retail SBWD Invoices 58,228.12 SBWD-374
6/8/2021 4251 Champlain Water District May 2021 Water Consumption 125,497.39 MAY21 CONSUMPTION
6/8/2021 Champlain Water District CCR 2021 2,553.12 S.BURL-CCR-2021
6/8/2021 Champlain Water District SBWD Invoices 57.40 SBWD-367
6/8/2021 4252 E.J. Prescott Veteran's Irrigation System 349.85 5862264
6/8/2021 E.J. Prescott Blue Paint 203.90 5868168
6/8/2021 4253 FirstLight Fiber Account 101167 21.11 9198677
6/8/2021 4254 South Burlington Ace, Inc.SB Veteran's Park 14.57 833572/3
6/8/2021 South Burlington Ace, Inc.Irrigation System - Veterans 8.99 833610/3
6/8/2021 4255 Ti-Sales, Inc.Meters 1,833.69 INV0130349
6/8/2021 4256 Heidi Wrighton Refund overpayment on account 6713 25.07 REFUND-WRIGHTON
Total 70 - South Burlington Water
Department
194,168.21
Report Total 194,168.21
SOUTH BURLINGTON CITY COUNCIL
Page: 1
FY 2022 BUDGET
PROPOSAL
TO VIEW BUDGET DETAIL GO TO
www.cswd.net
CHITTENDEN SOLID WASTE DISTRICT
1021 REDMOND ROAD
WILLISTON, VT 05495
802-872-8100
Printed on recycled paper
CHITTENDEN SOLID WASTE DISTRICT
FY 2022 BUDGET PROPOSAL
TABLE OF CONTENTS
A. Letter from the Executive Director
B. Who We Are
C. What We Do
D. How We’re Doing
E. Budget Memo to Board of Commissioners
F. FY22 Summary Budget
G. Capital Budget Highlights
H. Capital Plan Five-Year
I. Materials Recovery Facility Capital Project
J. Program Descriptions
K. Operations Descriptions
L. Administrative Programs and Solid Waste Management Fee
M.Operating Programs
N. Maintenance and Self-Funded Programs
O. Solid Waste Management Fee Projection
P. FY22 Detail Budget
Q. Projected Reserves Narrative
R. Projected Reserves
S. Schedule of Program Tipping Fees
T. Organizational Chart
Individual Program Budgets with Details and Comparisons to previous years are available on line
at https://cswd.net/about-cswd/financial-information/
April 21, 2021
FISCAL YEAR 2022 BUDGET
Dear Board of Commissioners and Citizens of Chittenden County,
am pleased to present to you Chittenden Solid Waste District's Fiscal Year 2022 Budget proposal. It
provides necessary funding for facilities, operations, public programs, and capital programs to meet the Board's strategic goals over the coming year. It also lays the foundation to continue to advance
those goals towards the future. I am happy to tell you that the financial condition of CSWD is sound,
therefore I do not see a need for any municipal assessments or per capita fees. We continue to be
self-sufficient, relying on revenue from facility user fees, material sales, and fees charged to haulers
when disposing Chittenden County trash at the landfill to cover the costs of the services we provide.
Back to the Future
Fiscal Year 2021 began where FY2020 ended, still in the midst of a global pandemic. Our best laid plans
for moving ahead with major infrastructure projects took a temporary backseat as we focused on
reconfiguring our public-facing facilities to ensure the health and safety of our employees and
customers. As that new work progressed, we identified efficiencies and areas of improvement that we
will carry forward as we make our way out of the pandemic. This Budget plans for a return to normal
activity and anticipates growth.
ORGANICS DIVERSION FACILITY:
The strategic changes to the ODF business model executed in FY19 are bearing fruit. In FY19, the ODF
needed nearly $600,000 in District general fund subsidy to bring the program to net zero. The FY22
budget plans for a less than $70,000 subsidy. If the budgeted contingency remains unused, the ODF
will break even. This remarkable turnaround is a result of critically examining what we were doing,
why we were doing it, acknowledging that change had to happen, and having the courage to
implement those changes. We turned the old model right-side up and have been walking tall ever
since. The shift to wholesale bulk sales streamlined our processes immediately, and we are extremely
thankful to our customers who continue to support this move.
The next challenge we’re tackling is managing the growing number of food scraps being diverted
thanks to full implementation of Act 148. Food scraps from small haulers has grown exponentially, as
has drop off to our facilities. This growth will be managed through strategic local partnerships and will
allow us to continue to process Chittenden County’s leaf and yard waste by matching the amount of
food scraps needed to make compost. Part of the plan is continuing to right-size our tipping fees with
market conditions, which means that on July 1, 2021 the tip fee for food scraps will increase to $65
per ton. Having a local to Chittenden County resource able and willing to accept the county’s food
scraps means that county residents and businesses can feel good about complying with the state’s
mandate to keep food scraps out of the landfill because the food scraps are becoming compost, and
that the cost to manage those food scraps remains affordable.
MATERIALS RECOVERY FACILITY:
Market Resurgence
FY 2020 and 2021 brought strong pricing in the recycling markets, particularly paper markets. The
initial resurgence was a COVID-related effect. Mixed paper was in demand as recycled content in
paper towels, toilet paper, and sanitizing wipes, and cardboard was in high demand as more and
more consumers shopped online. The demand remains strong heading into FY 2022, putting us in a
strong MRF materials sales position since fiber products represent 80% of the materials sorted at the
MRF. The markets for other "blue bin" materials such as plastic bottles, aluminum cans, and
cardboard have also begun rebounding, though to a lesser degree. This budget assumes a
conservative average commodity revenue of $65/ton, but I expect we will surpass that average.
Modern Facility
The need for a modern MRF did not disappear with the pandemic. If anything, it highlighted the need
for modernity. As of the date of this letter, I am preparing to bring a proposal to the CSWD Board of
Commissioners to approve moving ahead with constructing a new Materials Recovery Facility. The
early cost estimates are $18-20,000,000 and financing the project would require a municipal bond
approved by Chittenden County voters in November 2022. If approved by the CSWD Board and
Chittenden County voters, the MRF will be constructed in Williston on property owned by the District.
We are proposing a state-of-the-art facility, complete with high-tech sorting equipment. This
advanced sorting capability will mean that we’ll finally be able to expand what can be recycled in our
blue bins/blue carts, allowing more to be diverted from the landfill and directed to processors as raw
materials.
DROP OFF CENTERS:
The Drop-Off Center (DOC) system review is ongoing and in many ways is the most challenging of the
systems reviews we’ve undertaken. We are not raising bag prices in FY 2022, however part of the
system review is to obtain a truer understanding of the costs of managing waste materials through
the system, particularly those materials for which we currently do not charge a fee. These no-fee
materials are subsidized by the CSWD general fund, and the subsidy required by the DOC system is
growing.
Friendly Neighborhood DOC
Even though the DOCs are District facilities, they are very much seen as “local”. This capital budget
includes much needed improvements to the Milton and Richmond DOCs, as well as preparatory site
work for a new DOC in Burlington (pending Board approval of the project). Our six DOCs serve 25% of
Chittenden County as a primary source of waste disposal, recycling, and management of special
materials not accepted elsewhere. More than 70% of Chittenden County residents use the DOCs to
manage waste materials each year. We recognize that we perform a vital function in the community,
and the challenge is to do so safely, efficiently, economically, and in an environmentally responsible
manner.
SOLID WASTE MANAGEMENT FEE:
For the eighth year in a row, I am recommending that the Solid Waste Management Fee remain at
$27.00 per ton of trash disposed. We are budgeting a modest 3.7% increase in tons disposed in
FY22 over Calendar Year 2020. Trash generation did not fall off as precipitously as feared that it
might due to COVID-related shutdowns. If anything, residential solid waste generation increased. As
the economy recovers and grows, as it is forecast to do through 2023, waste reduction education
will be even more important. Our team of solid waste professionals is dedicated to ensuring our
members’ solid waste is managed in an environmentally sound, efficient, effective and economical
manner. I continue to work with our team positioning CSWD to make sure we remain a stable and
predictable service provider to the citizens of Chittenden County.
Sincerely,
Sarah Reeves, Executive Director
OUR MISSION
The Chittenden Solid Waste District’s mission is to reduce
and manage the solid waste generated within Chittenden
County in an environmentally sound, efficient, effective and
economical manner.
OUR VISION
Products are designed to be reused or recycled and our
community fully participates in minimizing disposal and
maximizing reuse and recycling.
164,252
residents
7,264
businesses
CHITTENDEN COUNTY, VT
2019 and 2020 data. Sources:
U.S. Census and VT Dept. of Labor
HOW WE’RE FUNDED
Our revenue comes from three primary sources:
›User fees on incoming material at our facilities;
›The Solid Waste Management Fee (SWMF), a per-
ton fee on material sent to the landfill;
›Material and product sales from items that we
collect, sort, or produce for sale at our facilities;
›A small, variable percentage of our funding comes
from State grants for hazardous waste and other
materials management.
We are not funded by Income, Sales and
Property tax dollars.
who we are We are a municipal district created in 1987 to oversee and
manage solid waste in Chittenden County.
We are governed by a Board of Commissioners. Each of
the 18 towns & cities in Chittenden County appoints a
representative to the Board (see p. 4 & 5).
Income, Sales, or Property Taxes 0%
Other .6%
User fees
56.2%
SWMF
27%
$12.3m
Material & Product
Sales 16.2%
FY20 Revenue (unaudited)
Excerpted from the CSWD FY20 Annual Report available at cswd.net/forms-publications/
REDUCE WASTE
We continuously seek ways to help our Members reduce
waste. To fulfill this part of our Mission, we:
›Provide outreach and education to residents,
businesses, schools, and events (see data, p. 15);
›Promote and partner with local reuse options;
›Process leftover paint from residents and
businesses into Local Color Paint;
›Enforce our Solid Waste Management Ordinance
and help our members comply with federal and state
solid waste laws;
›Provide facilities and tools to help members
divert as much material as possible to recycling,
composting, and other resource recovery;
›Advocate for state-wide policy that will result in
waste reduction.
MANAGE MATERIALS
We own and/or operate:
›The only municipally owned Materials Recovery
Facility (recycling sorting center) in Vermont
(operated by a private contractor);
›Seven regional Drop-Off Centers for household
trash, recycling, organics, and special recycling;
›The first household hazardous waste program in
Vermont to include a permanent year-‘round facility
and a seasonal mobile unit;
›The state’s largest Organics Diversion Facility,
home of Green Mountain Compost products.
SUPPORT OUR MEMBERS
›Technical expertise and support for waste-related
RFPs and studies
›Grant funding
›Community Cleanup Fund
›Waste Reduction Container and Project Grants
›Grants for curbside compost carts for collection
service providers
›Subsidized waste-reduction containers
›Recycling bins
›Backyard composting bins and digesters
›Containers for in-home food scrap collection as
well as drop-off at CSWD facilities
›Brokering and investigation of beneficial use
options for biosolids
›Green Up Vermont donation on behalf of all
member towns; waiver of Green Up Day tire
disposal fees.
what we do
Excerpted from the CSWD FY20 Annual Report available at cswd.net/forms-publications/
15% (46,189 tons)30% (95,156 tons)12%
(38
,
512
ton
s
)
2% (
7
,
3
9
6
t
o
n
s
)
2.8%
8.8%
2.8%
22%
3.6%
60% RECYCLED/DIVERTED (187,233 tons)
100% MATERIALS GENERATED (313,167 tons)
60% RECYCLED/DIVERTED + 40% LANDFILLED
40% LANDFILLED (125,934 tons)
MISSED OPPORTUNITY
how we’re doing
This chart represents ALL the materials that individuals and businesses
in Chittenden County generated in calendar year 2020, and how they
chose to manage those materials.
Items that can’t
be recycled or
recovered using
current programs
& facilities
TRASH
Construction &
demolition debris
C&DORGANICS
Food scraps &
yard debris
Paper, cardboard
& clean containers
“BLUE-BIN”
RECYCLING
SPECIAL
RECYCLING
E-waste, bulbs,
scrap metal, etc.
In FY2019, Chittenden County residents,
businesses, institutions, and visitors
generated 313,167 tons of materials.
Using the color key, you can see how
they kept 60% of those materials out
of the landfill through recycling and
diversion and sent 40% to the landfill.
The landfilled portion includes missed
opportunities – the materials that could
have been diverted from the landfill via
existing programs and facilities.
Full details are available in the CSWD
Diversion Report.
COLOR KEY
Excerpted from the CSWD FY20 Annual Report available at cswd.net/forms-publications/
1
Board of CommissionersTo:
From: Sarah Reeves, Executive Director
Date: April 21, 2021
Fiscal Year 2022 Budget ProposalRE:
Fiscal Year 2021 (FY21) has been unlike any other in my professional career. At the start of the fiscal
year, we were slowly making our way out of the first wave of Covid-related restrictions and were in the
midst of a total systems review. The precipitous fall-off of solid waste generation projected in the FY21
budget didn’t happen when looking at the numbers in totality. In fact, recycling and composting both
saw boom years, and we are projecting conservatively strong results for Fiscal Year 2022 (FY22) in both
programs.
The proposed budget for FY22 turns towards a return to normalized business operation while
acknowledging that change still needs to happen. We’ve reinstituted standard pricing at the Drop-Off
Centers, are holding the solid waste management fee and Materials Recovery Fees steady and are
planning our return to the Administrative Offices. Change continues with capital improvements to the
Organic Diversion Facility, the Milton and Richmond Drop-Off Centers, and the Environmental Depot.
Future plans are also kicking into high gear in this fiscal year regarding the MRF and Administrative
Office, both facilities whose shortcomings were laid bare during the year-plus of COVID-related
experiences.
Organics Diversion Facility Highlight
Before jumping into the budget, I’d like to highlight the Organics Diversion Facility (ODF), our
composting program. When CSWD assumed full responsibility for Intervale Compost Products in 2008,
we attempted to recreate the ICP system on Redmond Road, including replicating the product sales
model. The sites were vastly different, and it became apparent that Green Mountain Compost (now
ODF) would need significant capital investments and ongoing general subsidy in order to stabilize and
grow. We hit a speedbump in 2012 when we encountered persistent herbicides in our material, halting
program growth. The business model at the time, thirteen different products sold in bags and in bulk,
was economically upside-down. It cost more to produce a bag of compost than we could sell it for. In
2017, I asked staff to re-evaluate the program and to focus on wholesale only, and just three products.
In 2018, the Board supported the move away from retail and that shift immediately began increasing
productivity and efficiency and reducing the need for subsidy. In FY19, we were forecasting a subsidy
of nearly $600,000. This budget proposes a second year of reduced general fund subsidy and includes
an $85,000 contingency line. It is possible that for the first time in its existence as a CSWD program,
this year the compost facility may break even.
2
ODF Topline (in
thousands)
FY19
Actual
FY20 Actual
(Unaudited)
FY21
Budget
FY22
Budget
Change from
FY21 Budget
Change from
FY20 Actual
Revenue $1,052 $1,117 $850 $993 +17% -11%
Expenses $948 $782 $783 $938 +20% +20%
Expenses + COGS $1056 $1,057 $883 $1,061 +20% +0.4%
Subsidy $581 $190 $33 $69 +109% -64%
FTEs 8.11 6 5 5.5 +10% -8%
CSWD SOURCES OF REVENUE
CSWD’s revenue has three main components: Solid Waste Management Fees (SWMF), User Fees (tip
fees), and Material Sales. The remaining revenue comes from rental income, license fees, bin sales,
grants, and Extended Producer Responsibility reimbursements. CSWD receives no municipal payments
(assessments, per capita fees, tax payments, etc.) from our member communities.
Solid Waste Management Fees: $27/ton charged on each ton destined for disposal. Four
material types make up the tons subject to the SWMF-municipal solid waste, construction &
demolition debris (C&D), construction & demolition debris fines, and material eligible to be
used as alternate daily landfill cover (ADC). C&D fines and ADC are charged 25% of the SWMF,
or $6.75/ton. In FY21, SWMF were 21% of the revenue budget.
Tipping/User Fees: Fees charged for material disposal at Drop-Off Centers (DOCs), the Materials
Recovery Facility (MRF), the Organics Diversion Facility (ODF), and the Environmental Depot. In
FY21, Tip/User Fees were 63% of the revenue budget.
Material Sales: Revenue generated from the sale of products we make—compost products,
Local Color paint, baled recyclables—or products we purchase on behalf of the public and then
resell, like compost bins. In FY21, Materials Sales were 12% of the revenue budget.
REVENUE SNAPSHOT
Revenue (in
thousands)
FY19
Actual
FY20 Actual
(Unaudited)
FY21
Budget
FY22
Budget
Change
from FY21
Budget
Change
from FY20
Actual
% of
Overall
Revenue
Tip Fees $6,243 $6,929 $7,706 $7,044 -9%+2%53%
Material Sales $1,946 $1,775 $1,420 $2,175 +53%+32%17%
SWMF $3,421 $3,328 $2,575 $3,372 +31%+1%26%
All Other $565 $611 $520 $541 +2%-11%4%
TOTAL $12,175 $12,644 $12,221 $13,132 +7%+4%
Cost of Goods
Sold
$135 $329 $143 $177 +24%-46%
Gross Profit $12,040 $12,315 $12,078 $12,955 +7%+5%
3
Tip Fees, User Fees, and Material Sales Assumptions:
MRF tip fees were raised in March 2020 to $80/ton and we are not proposing raising the tip
fee in FY22. The three-month average commodity revenue (ACR) value from material sales
through February 2021 was $84/ton, up from approximately $35/ton average over the 2nd and
3rd quarters of FY20. Cardboard and mixed paper pricing increased due to high demand from
domestic paper mills. This increased demand is expected to continue through at least the 1st
quarter of FY22. Plastics pricing is stable, with high demand for HDPE-Natural (milk jugs). We
have budgeted MRF materials sales very conservatively at $65/ACR and will likely exceed
budget expectations. The rationale for not budgeting higher sales is because the ACR is highly
dependent upon the paper mills to which Casella markets our materials. Fiber products
represent 80% of our MRF material stream and paper pricing, while stabilizing, is still variable.
MRF Tip Fees are down due to a contract clause that we expect will re-activate. The MRF
Operating contract with Casella requires us to split the tip fee from out-of-district recyclables
once the ACR reaches $85/ton three months in a row. We are projecting FY22 inbound recycling
tonnage at 47,500, but the amount of tip fees CSWD will retain is lower than in FY21 due to the
tip fee share.
Organics Diversion Facility tip fees are increasing from $60/ton to $65/ton starting July 1. On
January 1, 2022 we will implement a tiered pricing system, with clean source separated
organics priced at $65/ton and contaminated source separated organics priced at $85/ton. This
tiered pricing system is designed to incentivize generators to produce a very clean stream of
food scraps so that we reduce the amount of unwanted items (mainly plastics) in the compost
piles. We’ve held anticipated food scraps tons inbound to 5,300 tons, just above FY18 levels.
Food scraps brought to the Drop-Off Centers (DOCs) by smaller, niche haulers continue to grow.
We are seeing a significant reduction in food scraps from Casella as they divert most of their
collected food scraps to their depackaging facility. This reduction represents approximately 30%
of the inbound compost feedstock and is helping alleviate processing pressure.
ODF product sales through October 2020 were strong yet again. We are projecting a modest
increase in sales budget-over-budget based on current year demand in a recovering economy.
The increase to the Cost of Goods Sold is due largely to a projected increase in volumes sold
including the need to purchase woodchips in addition to those derived from clean wood
brought to DOCs.
At the DOCs we resumed our traditional bag pricing structure in the 2nd quarter of FY21. DOC
revenues for FY21 are down by approximately 13% between FY20 actuals and FY21 budget. The
decrease in revenue is due in part to the reduction of operating days at the DOCs and in part
due to maintaining the Burlington DOC as a food scrap only facility. Revenue for the 4th quarter
of FY21 is anticipated to rebound as we continue to provide more operating hours, and we have
budgeted a 1% revenue increase in FY22. A decision regarding constructing a new DOC in
Burlington should be made by the end of the 2nd quarter of FY22. A major factor in this decision
will be whether the City of Burlington transitions to consolidated collection services.
4
Many items managed at the DOCs do not have adequate (or any) revenue associated with
them, meaning we are subsidizing the collection and management of certain materials such as
universal waste, some electronics, and leaf and yard debris. Recycling and food scraps are
bundled in the pricing of trash when brought together as a unit, and we are currently not
recovering the full cost of all three of those material streams. When the tip fees increased at
the MRF and ODF, we did not adjust DOC pricing to accommodate the increases. The DOC
pricing structure will be analyzed in FY22 for potential changes in FY23.
Solid Waste Management Fee:
The dire projections for solid waste management fee revenue for FY21 did not become reality. For
FY21, we budgeted a 25% reduction from FY19 actuals to brace for unknown long-term COVID-19
related effects on waste generation. While commercial generation slowed, it never stopped.
Residential waste generation remained steady, and recycling and food scraps generation grew.
Calendar Year 2020 (actuals) tons subject to the SWMF are 4% below projected FY22 SWMF tons, and
we are projecting ending FY21 at approximately 5% below FY20 SWMF actuals.
We used the Solid Waste Disposal and Diversion Trends Model developed for CSWD by SERA, Inc to
generate our projections for FY22. The model estimates the SWMF to be 3.7% higher than FY21 (+/-
3%), resulting in revenue at FY20 actuals levels. Supporting the model’s output, the Congressional
Budget Office is projecting economic rebound in 2021 (+4% real Gross Domestic Product), with global
economic predictions set for growth through 2023.
EXPENSES SNAPSHOT
Expenses (in
thousands)
FY19
Actual
FY20 Actual
(Unaudited
)
FY21
Budget
FY22
Budget
Change from
FY21 Budget
Change from
FY20 Actual
Salary/Wages $2,767 $2,644 $2,872 $3,286 +14% +24%
Benefits $1,153 $1,106 $1,228 $1,412 +15% +28%
Travel/Training $53 $57 $61 $96 +57% +67%
Administrative $104 $96 $141 $195 +38% +204%
Professional Services $189 $312 $180 $207 +15% -33%
Equip/Fleet $458 $360 $556 $664 +19% +85%
Gen. Supplies $85 $82 $84 $95 +13% +16%
Mat’l Management $5,126 $5,575 $6,128 $5,020 -18% -10%
Property Management $403 $417 $497 $506 +2% +21%
Promotion & Education $169 $93 $88 $157 +80% +70%
Maintenance -$681
TOTAL* $10,508 $11,251 $11,837 $10,961 -7% -3%
*Expenses shown are before capital contributions and contributions to overhead.
Key Points:
5
Expenses in FY22 are reflecting a “return to normal”. When looking at the percent change, keep
in mind that the dollar amounts changing may be small and are not reflective of large overall
expenses. The converse is also true. Even with a return to normal activities and an increase in
staffing, our overall expenses are down.
Salaries and wages increased in part because we are returning to pre-COVID staffing levels and
are requesting new support. In FY21 as part of our COVID-related budget cuts we elected to not
fill two vacancies and defer hiring two positions. The decision preserved cash on hand and
allowed us to evaluate the need for the hires. The challenges of 2020-21 showed that now
more than ever we are too thin in critical areas, specifically Information Technology, Human
Resources, and Communications. We are recommending proceeding with filling gaps in those
departments. In IT and HR we currently have just one employee in each department. Both
programs need more support and backup.
o IT Systems: With the move of 50% of our staff to remote work during COVID, IT support
and connection became a critical daily function. The complexity of our integrated
system requires additional daily support, involving computer systems management for
35 workstations, server upkeep, security systems, point of sale systems, and website
systems monitoring, and more. An analysis of the work showed that the cost to rely on a
third-party vendor would be at or over the cost of in-house IT support staff. In addition,
in anticipation of the retirement of Nancy Plunkett, Director of Special Projects in the
spring of 2022, the Director of IT Systems will be assuming the bulk of the data
management and analysis duties currently under Nancy’s purview. These duties will add
approximately 15-20 hours per week of work to the Director of Information Systems’
plate leaving him with limited ability to manage daily systems tasks. Add 1.0 FTE
o Finance: In FY20, the Finance Department requested 20 hours per week of the
Administrative Assistant time to assist with increased workload. In FY21 the request was
for an additional 20 hours, creating an Accounts Payable specialist position. Add .5 FTE
o Admin: Beginning July 1, Director of Administration Amy Jewell will be losing her 20
hours of Admin and HR assistance (historically this position was full-time) when Toni
LaRose formally transitions to the Finance Department as the Accounts Payables person.
This position is the front-desk employee as well as Admin Assistant, and also serves as
back up to the Hot Line. This addition restores an Admin Assistant to the HR/Admin
program. Add .5 FTE
o O&C: We will not be filling the vacancy left by the Community Outreach Coordinator
position and will instead combine the Community Outreach Coordinator and Events
Coordinator into one position and add a Communications Specialist. Again, COVID
experience has shown us that we need to have improved online presence and a nimbler
response to online requests. This position will also be responsible for the Hot Line,
freeing up eight hours each per week for the remaining Outreach staff. Add 1.0 FTE
o Additional: DOCs will hire one position to cover additional hours and reduce reliance on
On-Call staff; ODF will hire a scalehouse attendant next spring. Add 2.5 FTE
o NOTE: A Compensation Study is currently underway and is scheduled for completion in
mid-May. The study’s scope is to evaluate the District’s salary, grade, and step schedule
6
and benefits package with the goal of determining if we are currently within market
range for wages and benefits. Included in the Wages and Benefits budget is a $50,000
contingency that the Board may authorize be used to bring any below market salaries
up within range.
o NOTE: The Finance Committee expressed strong concern over the increase in the Wages
and Benefits budget. Staff reviewed two options to reduce the costs, both resulting in
minimal reductions. We have asked the compensation study consultant to advise the
District on alternatives that could stabilize the upward trend while at the same time
allowing the District to recruit and retain highly qualified employees.
Administrative costs are higher for several reasons. Website licensing, maintenance, and
development expenses are now housed in the IT Systems budget. There is a one-time expense
of $63,000 in the Finance budget which is the cost of implementing a new budgeting,
accounting, point-of-sale, and scale software system. Licensing costs for financial systems are
included in the Admin budget as well.
Travel and Training assumes a return to attending conferences, workshops, and trainings in
person; How much will occur remains to be seen. Where we can continue to attend events
remotely, we will do so. We have promoted several employees to new leadership positions and
will be providing training to them to support their growth and success.
Materials Management is down significantly. Materials management is how we refer to hauling
services we use to move materials we produce (compost, recyclables) to market, and move
materials we collect (MSW from Drop-Off Centers, trash we generate, etc.) to disposal. Most of
the savings are at the MRF. In reverting back to the 2014 contract language, the tip fee share
also brings the processing fee back to the original rate for FY22, which will be $42/inbound ton.
This results in a line-item “savings” of $780,000 in Materials Management, which presents as a
“loss” in the MRF tip fee. We have also reduced the amount needed to transport processed
glass to Massachusetts, in anticipation of resuming access to local markets in Quebec next
winter. Food scrap hauling costs have been eliminated due to in-house servicing.
Outreach and Communications expenses are higher than in FY20 or FY21 but are lower than
FY19 actuals. This reflects the significant cuts made to the FY21 budget due to District-wide
potential revenue concerns from COVID impacts, as well as halting of activity that occurred in
March 2020 just as O&C was slated to begin the seasonal outreach, marketing, and advertising
push. All communications moved to COVID-related information, and we will be resuming
normal communications and marketing activities in FY22.
RESERVE FUNDS
CSWD has six reserve funds: Capital, Solid Waste Management Fees Rate Stabilization, Closed Landfill,
Biosolids, Facilities Closure, and new in this budget, Operating. CSWD has a Reserves Policy, but it does
not contain a formula for determining how much to fund, when to cap, or how and when money can
7
be drawn down from the reserves. I am recommending that the Board revise the Reserves Policy to
address (among other things) how reserves are funded, when the reserves can be used, formalize
reserves that should be considered restricted, caps on reserves, and the general purpose of reserves.
UNRESTRICTED FUNDS
Capital Reserve
In FY21 we moved to a single Capital Reserve fund rather than separate capital reserves for each
program. This was done to reflect the reality of our accounting and banking system, to improve
strategic planning efficiency, and to eliminate proprietary feelings over capital funds. CSWD is one
singular fund, and as such all “reserve funds” exist merely on paper - not in separate bank accounts.
There are no separate pots of money destined for use in particular programs. The District formerly
budgeted individual capital reserve fund contributions and tracked each program’s contribution and
total, albeit not precisely. This practice gave the impression that separate funds existed.
The single Capital Reserve remedies the past practice of programs internally subsidizing each other.
When a program generates revenue in excess of expenses, it contributed that excess to “their” capital
reserve. Occasionally those contributions exceed the program’s need, such as in the case of the MRF in
most years. Because we had internally separated the capital reserves of each facility, if the DOCs or
ODF had capital needs that exceeded their funds’ balance, they would “borrow” capital funds from the
MRF and then would “reimburse” that reserve account. This practice was unnecessarily burdensome,
required extensive tracking and caused internal resentment among managers reluctant to let go of
“their” capital funds. We no longer silo our operations; We have one District capital plan. We will
continue to track each program’s ability to contribute, and the amount, as a check on the program’s
economic health. Each program’s capital needs will be analyzed and evaluated in the context of the
needs of the entire District. In FY22, the MRF is the only program contributing to the capital reserve,
however we are anticipating that in FY24 the ODF will begin to contribute to capital.
Another change from past practice is to no longer budget for programs to contribute to the capital
reserve if the program is being subsidized by the District’s general fund. In previous budgets, each
program that used capital funds would budget a capital fund contribution. This would occur as an
expense. When the revenues, expenses, and allocations were tallied, nearly every operating program
would be “in the red” and require subsidized support from the general fund, which is funded through
solid waste management fees. This practice did not support transparent accounting of the individual
operations programs’ relative economic health. Subsidies are now accounted for “below the line” so
that the operating health of each program is clear.
Operating Reserve
Related to recognizing one capital reserve for the District, new in this budget is the addition of an
Operating Reserve. This new reserve is necessary to provide a buffer against unexpected events (such
as we experienced with COVID-19) or large unbudgeted but necessary expenses, such as if outside
vendor contracts that are deemed necessary change without notice. This reserve will allow us to
8
weather the unanticipated and provide time to discuss and implement a new direction without
resorting to snap decisions. In FY22, the Operating Reserve is being seeded with excess MRF revenue.
Solid Waste Management Fees Rate Stabilization
The SWMF reserve has functioned as a de facto Operating Reserve but this will change with the
implementation of a true Operating Reserve. CSWD hasn’t raised the SWMF in nearly 10 years and
continues to contribute excess SWMF revenue to this reserve. An analysis of the SWMF should be
conducted and the Board should adopt official uses of the SWMF in a revised Reserves Policy. The
CSWD Charter states that the District may establish a “management fee structure” for the purpose of
generating revenues from sources other than assessments to member municipalities. The Charter is
less clear on the specific uses of the management fees.
RESTRICTED FUNDS
The Biosolids, Closed Landfill, and Facilities Closure reserve funds should be considered Restricted
Funds. They currently are not formally restricted, but this is not considered a best practice. We manage
the Biosolids Reserve as a restricted fund, but it is unrestricted. I am recommending we formally
restrict these three reserves in FY22. Restricting these reserves means that the funds attributed to
these programs may be used only for the expenses of these programs. For example, annual anticipated
expenses for managing the closed landfill are reimbursed out of the landfill post-closure reserve.
Monies may not be borrowed from restricted funds.
BOTTOM LINE
Each year, we need to “get to zero”. In FY22, we are projecting $862,820 in income after capital and
allocations needing to be transferred to reserves.
Revenue $13,132,174
Cost of Goods Sold $177,380
Gross Profit $12,954,793
Expenses $12,323,072
Income from Operations $631,721
Capital Contribution $450,000
Maintenance Allocations $(681,099)
Income After Capital & Allocations $862,820
Transfer from Closed Landfill Reserve $(102,599)
Transfer from SWMF Reserve $602,319
Transfer to Biosolids Reserve $45,517
Transfer to Operating Reserve $317,582
Net $0
FY1 FY22 BudgetFY21 BudgetFY20 ActualFY20 Budget9 Actual
(unaudited) $ %
Revenue
Tipping Fees 6,242,860 7,034,429 6,929,937 7,706,159 7,044,455 (661,704) -9%
Material Sales 1,946,123 1,583,836 1,775,042 1,419,960 2,175,258 755,298 53%
Solid Waste Management Fees 3,421,566 3,496,110 3,327,711 2,575,125 3,371,625 796,500 31%
License, Fines, Fees 14,854 14,430 14,827 21,055 16,395 (4,660) -22%
Rent 96,820 56,910 87,446 88,200 71,400 (16,800) -19%
Product Stewardship 260,670 267,180 231,799 285,516 273,993 (11,523) -4%
Interest and Dividends 120,554 17,500 94,730 30,000 2,150 (27,850) -93%
Grants 106,471 106,470 108,673 106,470 106,470 -
Other 46,694 52,000 73,779 - 70,428 70,428
Revenue Total 12,256,612 12,628,865 12,643,944 12,232,485 13,132,174 899,689
Cost of Goods Sold
Cost of Goods Sold 135,179 98,894 328,959 143,310 177,380 34,070 24%
Cost of Goods Sold Total 135,179 98,894 328,959 143,310 177,380 34,070 24%
GROSS PROFIT 12,121,432 12,529,971 12,314,985 12,089,175 12,954,794 865,619 7%
Change from FY21 Budget
FY22 SUMMARY BUDGET
Chittenden Solid Waste District
.
FY19 Actual FY20 Budget FY20 Actual FY21 Budget FY22 Budget
(unaudited) $ %
Change from FY21 Budget
Chittenden Solid Waste District
FY22 SUMMARY BUDGET
Expense
Salaries and Wages 2,767,020 3,025,426 2,643,707 2,872,220 3,286,170 413,950 14%
Benefits 1,153,073 1,255,682 1,105,630 1,228,156 1,411,654 183,498 15%
Travel and Training 53,491 124,216 57,597 61,221 96,005 34,784 57%
Administrative Costs 103,790 129,144 95,967 141,524 195,520 53,996 38%
Professional Services 189,217 302,500 311,675 180,235 207,275 27,040 15%
Equipment and Fleet 458,302 568,991 359,648 556,317 664,565 108,248 19%
General Materials and Supplies 85,282 109,741 81,993 84,177 94,826 10,649 13%
Materials Management 5,125,621 5,261,240 5,574,870 6,127,887 5,020,645 (1,107,242) -18%
Property Management 403,023 504,438 417,631 497,531 506,852 9,321 2%
Promotion and Education 169,053 169,132 92,958 87,670 157,713 70,043 80%
Maintenance Charges - 639,851 509,156 - (681,099) (681,099)
Capital Expenses 43,082 - - - --
Expense Total 10,550,956 12,090,361 11,250,832 11,836,938 10,960,127 (876,811) -7%
INCOME BEFORE CAPITAL AND
ALLOCATIONS 1,570,477 439,610 1,064,153 252,237 1,994,667 1,742,430 691%
Capital and Allocations
Capital Contributions 869,587 665,468 665,468 416,296 450,000 33,704 8%
Maintenance Allocations - - - - 681,099 681,099
Support Program Allocations 127 646,604 737,043 371,800 - (371,800)
Capital and Allocations Total 869,714 1,312,072 1,402,511 788,096 1,131,099 343,003 44%
INCOME AFTER CAPITAL AND
ALLOCATIONS 700,763 (872,461) (338,358) (535,859) 863,568 1,399,427 261%
FY19 Actual FY20 Budget FY20 Actual FY21 Budget FY22 Budget
(unaudited) $ %
Change from FY21 Budget
Chittenden Solid Waste District
FY22 SUMMARY BUDGET
Transfers from Reserves
Transfer from Closed Landfill 183,183 110,536 73,340 371,800 102,599
Transfers to Reserves
Transfer to SWMF Reserve (891,146) 761,925 146,849 164,060 603,066
Transfer to Biosolids Reserve - - - - 45,517
Transfer to Operating Reserve 317,582
Faciliities Closure Reserve 7,200
Transfer to Undesignated Fund 118,169
Transfer and Subsidy Total (700,763) 872,461 338,358 535,859 (863,567)
NET DISTRICT (0) (0) (0) - 0
CHITTENDEN SOLID WASTE DISTRICT
Fiscal Year 2022 Proposed Budget
HIGHLIGHTS - CAPITAL PROGRAM BUDGET
Staff has developed a capital plan and timeline for the next five fiscal years, and staff is
presenting FY22 costs that will be included in the FY22 budget packet. The following
assumptions were made to develop the plan:
•The capital reserve is a singular account and shall universally cover all programs
•The capital reserve will not be segmented into specific programs
•The initial capital reserve as of FY 21 is approximately $5,000,000
•The Materials Recovery Facility (MRF), Drop-off Center (DOC) and Organics
Recovery Facility (ODF) will contribute a fixed amount to the Capital Reserve
•Bonding may be required, in part or in full, for the construction of a new MRF
•Full ODF build-out will be over three Phases; Phase one is complete.
•General upgrade of each DOC
•Construction of an Administrative Building in FY2023
•Operational optimization of the Environmental Depot
CSWD Capital Plan Fiscal Year 2022
Materials Recovery Facility $374,200
Organics Diversion Facility $1,657,000
Roll-Off and Maintenance $310,000
Drop Off Centers $404,000
Hazardous Waste and Latex Paint $118,000
Administrative Infrastructure $205,000
Capital Contingency $50,000
FY 22 Capital Projects $3,118,200
MRF input $(450,000)
ODF input $ -
DOC input $ -
Total Capital Spend $ 2,668,200
District staff has made significant efforts to generate accurate capital costs in developing the
capital budget as well as following through with capital purchases, upgrades and projects as
planned. Approval of the budget does not mean work will proceed without a proper bidding
process and associated Board approval according to CSWD financial policies. Please note that
this is a Plan and is inclusive of all potential capital costs for FY22. All major capital projects
greater than $100,000 will require approval from the Board of Commissioners. Staff will also
bring updates of facility projects that are under the $100,000 threshold.
Significant items included in the FY22 capital budget are as follows:
$249,200 Design and planning a new Materials Recovery Facility.
$1,105,000 Constructing a new ODF approach, scale house and water line.1
$375,000 Constructing a new wood waste depot at the ODF.
$255,000 Purchase new Roll-Off Truck (replacing Truck #1).
$116,500 Regrading, repaving, and constructing a special waste building at MDOC.
$116,500 Regrading, repaving, and constructing a special waste building at RDOC.
$118,00 Reconfiguring the Environmental Depot building to bring Local Color Paint
processing back.2
$100,000 Upgrading the CSWD website and site planning and design for the construction of
a new administrative building.3
$70,000 Upgrading the District POS system with TrueCloud ERP (WeighPay)
1)Associated cost share for infrastructure with third party.
2)CSWD received a VT ANR infrastructure grant that will match 60% of the project costs; anticipated
$70,800 from state.
3)Administrative building design and planning to include a comprehensive energy efficiency analysis.
There are expected to be sufficient cash reserves available to finance the $2,668,200 cash-funded
capital expenditures budgeted for FY 22. The changes at the Organics Diversion Facility are the
result of a planned conversion in long term facility approach from a manufacturer of compost to
organics management with a focus on maintaining a strict economic plan and efficient operating
strategy.
Capital Fund Balances:
FY 21 Beginning Balance $ 4,966,258
FY 21 Budgeted Contributions $ 668,468
FY 21 Projected Interest $ 4,670
FY 21 Projected Expenses $ 1,735,732
FY 21 Budgeted Balance $ 3,903,664
FY 22 Projected Beginning Balance $ 3,903,664
FY 22 Budgeted Contributions $ 450,000
FY 22 Projected Interest $ 4,500
FY 22 Budgeted Expenses $ 3,118,200
FY 22 Budgeted Balance $ 1,239,964
FY 21 Projected FY22 FY23 FY24 FY25
MATERIALS RECOVERY FACILITY
Site Work
General (assume new facility)Repave lot
Replace Stormwater System (1993)
Replace Septic system (1993)
Sub Total 0 0 $0 $0 $0
Building & Building Repair
General Refurbish Tip Floor $10,685 $25,000
Building Roof (1993)
Presort Enclosure (2003)
Refurbish bathroom $30,000
Refurbish Tip Floor Steel Side wall $0
Ventilation and heating system
Sprinkler System Modifications
Sub Total $10,685 $55,000 $0 $0 $0
Capital Equipment
Fiber Line Sorting Conveyor $30,000
Single Stream System MC 1
Sub Total $0 $30,000 $0 $0 $0
Rolling Stock
general 2 c.y. Compactor & 35 c.y. Roll-Off
Forklift #1 $26,000 $35,000
Forklift #2 $26,000 $35,000
#1 Skid Steer $40,000
#2 Skid Steer $41,000
Front End Bucket Loader $200,000
SCISSORS LIFT $35,000
Sub Total $252,000 $40,000 $76,000 $0 $70,000
New MRF Project
Site and design plan development (full)$200,000
Bond Attorney $9,200
Communication materials $40,000
$0 $0
Sub Total $249,200 $0 $0 $0
Total MRF $262,685 $374,200 $76,000 $0 $70,000
bond ($18,000,000 est. = $1,325,000 annual)
CAPITAL PROJECTS 5 YEAR PLAN
CHITTENDEN SOLID WASTE DISTRICT
.
FY 21 Projected FY22 FY23 FY24 FY25
ORGANICS DIVERSION FACILITY
Site Work
electrical and water for pressure washer at windrow turner location $5,000
Sub Total $5,000 $0 $0 $0 $0
Building & Building Repair
Widen road ASP to Buzzi $8500 $8,500
Concrete patching (wear abatement)
Concrete Pad Replacement (mixing bay)$32,000
Sub Total $8,500 $32,000 $0 $0 $0
Capital Equipment
Komptech L3 Screener (2012)$750,000
ASP BLOWER SYSTEM (AERATED STATIC PILE)
Sub Total $0 $0 $0 $0 $750,000
Rolling Stock
2003 MACK PUMP TRUCK (4500 GAL TANK)$120,000
Loader #1 (2021)$255,000
Loader #2 (2018)$260,000
Purchase attachments for 644 coupler compatibility $0
Used Triaxle Dump truck (ADT)$155,000
JCB 527-55 LOADALL TELEHANDLER (2011) $145,000
stacking conveyor $70,000
Sub Total $480,000 $145,000 $0 $120,000 $260,000
ODF Expansion
Phase I
Site Expansion $799,422
Transfer modifications (stop gap)$0
State of Vermont Grant - $500K ($348,000)
Sub Total $451,422 $0 $0 $0 $0
Phase II
Consulting 90,000$
site work $350,000
ODF Admin/scalehouse $150,000
scale $150,000
water line $400,000
Misc $55,000
Sub Total $90,000 $1,105,000 $0 $0 $0
Phase III
site work $75,000
Paving $265,000
booth $35,000
solar (?)$75,000
Sub Total $0 $375,000 $75,000 $0 $0
Total ODF $1,034,922 $1,657,000 $75,000 $120,000 $1,010,000
FY 21 Projected FY22 FY23 FY24 FY25
Roll-OFF and Maintenance
Building & Building Repair
Overhead door -$
Sub Total -$ -$ -$ -$ -$
Capital Equipment
new roll-off containers 60,000$ 100,000$ 100,000$
Sub Total 60,000$ -$ 100,000$ -$ 100,000$
Rolling Stock
2004 EQUIPMENT TRAILER 9,100$
2005 KENWORTH ROLL OFF TRUCK T800 #1 255,000$
2005 JD 644G Loader EDOC 30,000$
2011 FORD F350 PICKUP TRUCK - Rack Truck 55,000$
2014 JD 644K Loader Maint 250,000$
2014 JD 544 MRF loader - rehab 34,025$
Hook Truck 38,000$
Organics Containers 110,000$
2014 Volvo L30GS mini-loader 110,000$
Used Oil Trailer 25,000$
Sub Total 191,125$ 310,000$ -$ 360,000$ 55,000$
Total Roll-Off and Maintenance $251,125 $310,000 $100,000 $360,000 $155,000
FY 21 Projected FY22 FY23 FY24 FY25
Drop Off Centers
Site Work
Flynn Ave 550,000$
site development -$ 65,000$
Sub Total -$ 65,000$ 550,000$ -$ -$
Design for Expansion 30,000$
site work 6,500$
Concrete pads under containers 12,000$
Overlay lot and road 60,000$
COMPACTOR 4-yd Recyclling 30,000$
COMPACTOR 2-yd MSW 16,500$
Sub Total 48,500$ -$ 16,500$ 30,000$ 60,000$
Complete grind and regrade 55,000$
Special waste building 45,000$
COMPACTOR 2yd Recycling 16,500$
Sub Total -$ 116,500$ -$ -$ -$
new tip wall 25,000$
relocating Gate and new Road
Complete grind and regrade 7,000$ 55,000$
Special waste building 45,000$
COMPACTOR 2-yd 16,500$
Sub Total 7,000$ 116,500$ -$ -$ 25,000$
Design for Expansion 30,000$
Pothole repair 5,500$
Concrete pads under containers 20,000$
COMPACTOR - WASTEQUIP MOD 245HD 18,000$
COMPACTOR - WASTEQUIP MOD 245HD 18,000$
Sub Total 5,500$ 56,000$ 30,000$ -$ -$
DOC decommission if needed 50,000$
Sub total -$ 50,000$ -$ -$ -$
Capital Equipment
Oil Tank replacement projects (2 each )6,000$
Sub Total 6,000$ -$ -$ -$ -$
Total Drop Off Centers 67,000$ 404,000$ 596,500$ 30,000$ 85,000$
MDOC
RIC
SOB
BDOC
EDOC
FY 21 Projected FY22 FY23 FY24 FY25
HAZARDOUS WASTE AND LATEX PAINT
Building & Building Repair
Roof Replacement (25 yrs old) 70,000$
bring working floor to grade and bring back paint (grant dependent)118,000$
Replace Sea Container (with light panels) added to ops budget
Refurbish outdoor haz store bldgs (2) added to ops budget
Sub Total 70,000$ 118,000$ -$ -$ -$
Rolling Stock
ROVER truck (1999) 95,000$
Sub Total -$ 95,000$
Total HAZARDOUS WASTE AND LATEX PAINT 70,000$ 118,000$ 95,000$ -$ -$
Administration
Site Work
Repave parking Lot -$
Sub Total -$ -$ -$ -$
Capital Equipment
New Server, routers switches, - every 5 yrs -$ 35,000$
POS upgrade - Weight Pay 70,000$
website upgrades 45,000$
New Phone System - (every 5 years)-$
Sub Total -$ 150,000$ -$ -$ -$
FY 21 YTD FY22 FY23 FY24 FY25
New Admin Building
site design and permitting 55,000$
construction 1,500,000$
Sub Total -$ 55,000$ 1,500,000$ -$ -$
Total Administration 205,000$ 1,500,000$ -$ -$
Bulky Waste Facility (old MRF)
Total BWF $0 $0 $0 $0 $0
Contingency 50,000$ 50,000$ 50,000$ 50,000$ 50,000$
Total Cap Cost 1,735,732$ 3,118,200$ 2,492,500$ 560,000$ 1,370,000$
MRF input (256,500)$ (450,000)$ (450,000)$ (450,000)$ (450,000)$
ODF input -$ -$ -$ -$ (15,000)$
DOC input (190,303)$ -$ -$ -$ -$
Cap Reserve Support 1,288,929$ 2,668,200$ 2,042,500$ 110,000$ 905,000$
Cap Reserve 5,639,396$ 3,903,664$ 1,239,964$ (802,536)$ (110,000)$ (905,000)$
ammount for General Fund to support -$ -$ 802,536$ 110,000$ 905,000$
CSWD Materials Recovery Facility Capital Project
At the heart of any recycling infrastructure is a Materials Recovery Facility (MRF) where people and
equipment sort and prepare recyclables to be sold into the market to be used in place of virgin
materials. CSWD built Vermont’s first MRF—the same workhorse we are still using—in 1993 to ensure
that Chittenden County residents and businesses would have an efficient and cost-effective local outlet
to accept their recyclables. Back then, we were cutting edge; now, we’re trailing behind.
Today’s MRFs are equipped with modern technology such as optical sorting machines, eddy current
separators, ballistic separators, and robotics to meet the challenges of effectively sorting the enormous
variety of consumer packaging that has flooded the marketplace. The CSWD MRF has none of this
technology and aside from a magnet, is completely manual. The manual process was suitable in the
1990s because we were annually processing 25,000 tons of relatively homogeneous material. Today,
we’re approaching 50,000 tons annually of increasingly variable material.
Our manual sorting system is inherently inefficient and prone to errors. No matter how diligent and
hard-working, hand sorters just can’t keep up with the volume and explosion of packaging types we’ve
seen occur in the last decade. In fact, we run a significant portion of materials through the system
twice because humans simply can’t sort it all the first time around.
CSWD’s vision is a new MRF equipped with modern technology that will separate recyclables more
efficiently and effectively and produce higher quality and higher value commodities. It will also enable
us to consider more types of packaging for recycling, saving natural resources and precious landfill
space. The new MRF will be built with enough capacity and flexibility to adapt to changes in volume
and types of recyclables for the next 30 years. This municipally owned MRF will continue to provide
assurance that the public will be served without profit as a motive, keeping rates as low as possible
and providing opportunities to divert more types of materials even when it is not profitable.
Project Description
Location: The new MRF will be built on land CSWD owns on Redmond Road in Williston.
Design Capacity: 55,000 tons annually (current MRF design capacity: 25,000 tons annually)
Size: 62,000 square feet (Current MRF square footage: 37,000 square feet)
Jobs: The new MRF will provide a safer, cleaner, more desirable working environment for the 25
workers employed at the current facility, plus one to two higher skilled positions to run the more
sophisticated equipment.
Cost and Funding
New MRF Project Capital Cost: $18-$20 million
$2 million: Design and Permitting
$11 million: Equipment (rolling stock, conveyors, screens, ballistic separators, 4 optical sorters, eddy
current, one new baler and reusing existing baler, reuse existing glass cleanup system)
$7 million: Building cost and site work
Funding:
CSWD will seek to fund this through a variety of avenues, including grant funding, low-interest loans,
federal infrastructure funding, and municipal bonding. A bond portion will require voter approval from
all 18 Chittenden County member towns. We will be presenting the bond issue in the November 2022.
CSWD will repay a bond from revenue generated by fees charged to haulers to drop off recyclables for
processing at the MRF. We’ve calculated that to pay back a $20 million loan over 25 years, the impact
per household would average roughly $5.50 per year.
Timeline:
July 2021 - July 2022 Design and Permitting
November 2022 Voter Approval
April - October 2023 Construction
Winter 2023 Equipment Installation
Spring 2024 Opening
In summary, CSWD’s new MRF will:
•Be more efficient and effective and will provide more commodities of a higher quality to the
marketplace. Materials such as glass, dairy tubs, and high-quality office paper are commodities
that will benefit immediately from this new technology.
•Conserve more virgin and non-renewable resources, support the circular economy, and help
meet sustainability goals for recycled content and reduced carbon footprints.
•Provide opportunities for Vermonters to recycle more packaging, helping prolong the life of
Vermont’s only remaining landfill.
•Provide affordable, in-state processing for Vermonters’ recyclables for the next 30 years.
•Provide a safer, cleaner facility for approximately 25 Vermont workers.
Administrative Program
The Administrative program encompasses the expenses of the Executive Director, human resources, risk
management, information and technology, infrastructure and general support services.
Biosolids Program
The Biosolids program provides efficient and effective residuals management for participating
community members. This program is developed to be self-funding.
Closed Landfill Program
The Closed Landfill program oversees the 30-year post closure period through responsible maintenance,
reporting and monitoring according to the safety standards of applicable governing bodies. This program
is funded through monies reserved at the launch of the closing project.
Compliance Program
The Compliance program oversees the Solid Waste Management Ordinance and ensures the regulated
community maintains compliance. Additionally, the Compliance program oversees the District Safety
program.
Engineering Program
The Engineering program provides resources for compliance, design, project management, and
applicable permitting. Additionally, this program oversees capital projects through the lifecycle of
feasibility, design, and construction management.
Finance Program
The Finance program provides management, oversight, and control of CSWD financial assets, as well as
accurate and timely financial information to facilitate sound management decisions.
Outreach and Communications (O&C)
The Outreach and Communications program manages statutory mandates for raising awareness of
CSWD services and assisting residents, businesses, and institutions in reducing and properly managing
the waste they generate.
Special Projects
The Special Projects program compiles and analyzes disposal and diversion data and researches,
evaluates, and develops waste reduction strategies.
Program Descriptions
Chittenden Solid Waste District
.
business tenant property.
The Property Management department maintains and protects CSWD’s investment in residential and
Property Management
Program.
The Paint Depot manages discarded paint and produces recycled paint for the CSWD Local Color
Paint Depot
compost and anaerobic digestion.
The Organics Diversion Facility manages the acceptance, processing, and transfer of organics for use in
Organics Diversion Facility (ODF)
Vermont through sorting and preparing recyclables for domestic commodity sales.
The Materials Recovery Facility manages single stream recycling from Chittenden County and Northern
Materials Recovery Facility (MRF)
ongoing maintenance of CSWD assets.
The Maintenance department provides material hauling and supports facility operations through
Maintenance
Chittenden County.
The Environmental Depot manages the hazardous waste of the residents and small businesses of
Environmental Depot
recyclables.
management of their trash, recycling, food scraps, compostable yard debris, and certain special
CSWD Drop Off Centers provide residents and small businesses with economical options for the
Drop Off Centers (DOCs)
Operations Descriptions
Chittenden Solid Waste District
.
Administrative
Program and
SWMF Total FinanceEngineeringComplianceAdministration
Outreach and
SWMFSpecial ProjectsCommunications
Revenue
Material Sales 44,510 - - - - 44,510 - -
Solid Waste Management Fees 3,371,625 - - - - - - 3,371,625
License, Fines, and Fees 16,395 - 16,395 - - - - -
Interest and Dividends - - - - - - - -
Other - - - - - - - -
Revenue Total 3,432,530 - 16,395 - - 44,510 - 3,371,625
Cost of Goods Sold
Cost of Goods Sold 31,885 - - - - 31,885 - -
Cost of Goods Sold Total 31,885 - - - - 31,885 - -
GROSS PROFIT 3,400,645 - 16,395 - - 12,625 - 3,371,625
Expense
Number of Full Time Employees 19.69 5.05 1.35 0.54 4 7.8 0.95 0
Salaries and Wages 1,508,605 491,771 108,158 75,522 278,792 505,866 48,496 -
Benefits 559,790 162,527 25,886 24,235 117,147 214,163 15,833 -
Travel and Training 63,385 38,375 5,460 2,750 3,000 13,800 - -
Administrative Costs 79,254 26,966 1,650 1,000 2,700 46,838 100 -
Professional Services 176,750 28,950 8,125 32,500 89,000 18,175 - -
Equipment and Fleet 193,248 106,242 5,130 - 76,500 5,376 - -
General Materials and Supplies 25,060 6,300 800 - 10,000 7,960 - -
Materials Management 354 254 - - 100 - - -
Property Management 34,128 31,128 - 500 2,500 - - -
Promotion and Eduction 150,193 - - - 2,110 148,083 - -
Expense Total 2,790,768 892,513 155,209 136,507 581,849 960,261 64,429 -
INCOME FROM ADMINISTRATION PROGRAMS
AND SWMF 609,877 (892,513) (138,814) (136,507) (581,849) (947,636) (64,429) 3,371,625
Capital and Allocations
Capital Contributions - - - - - - - -
Maintenance Allocations 6,811 6,811
Support Program Allocations - 899,324 138,814 136,507 581,849 947,636 64,429 (2,768,559)
Capital and Allocations Total 6,811 892,513 138,814 136,507 581,849 947,636 64,429 (2,768,559)
ADMINISTRATIVE PROGRAMS AND SOLID WASTE MANAGEMENT FEE
FY22 Program Budget Proposals
Chittenden Solid Waste District
.
INCOME AFTER CAPITAL AND ALLOCATIONS 603,066 0 - - - (0) - 603,066
Transfers and Subsidies
Transfer to(from) SWMF Reserve 603,066 603,066
Transfer and Subsidy Total 603,066 - - - - - 603,066
NET PROGRAM 0 0 - - - (0) - -
Operating
Programs Total Drop Off Centers
Environmental
Depot
Organics Diversion
Facil Paint Depotity
Property
Management
Materials Recovery
Facility
Revenue
Tipping Fees 5,824,233 2,425,000 82,000 313,238 - - 3,003,995
Material Sales 2,100,748 125,570 2,000 679,592 46,886 - 1,246,700
License, Fines, and Fees - - - - - - -
Rent 71,400 - - - - 71,400 -
Product Stewardship 273,993 48,293 50,700 - 175,000 - -
Grants 106,470 - 106,470 - -- -
Interest and Dividends - - - - - - -
Other 70,428 70,428 - - - - -
Revenue Total 8,447,272 2,669,291 241,170 992,830 221,886 71,400 4,250,695
Cost of Goods Sold
Cost of Goods Sold 145,495 - - 122,995 22,500 - -
Cost of Goods Sold Total 145,495 - - 122,995 22,500 - -
GROSS PROFIT 8,301,776 2,669,291 241,170 869,834 199,386 71,400 4,250,695
Expense
Number of Full Time Employees 26.37 14.97 3.62 5.55 1.53 0.05 0.65
Salaries and Wages 1,462,348 745,368 223,252 332,441 85,282 4,076 71,930
Benefits 669,835 354,012 100,437 163,004 30,211 1,881 20,290
Travel and Training 27,660 2,300 2,500 13,640 1,850 - 7,370
Administrative Costs 113,720 78,565 650 4,876 87 - 29,543
Professional Services 8,225 150 2,500 2,200 - - 3,375
Equipment and Fleet 337,677 39,333 15,500 240,514 8,650 - 33,680
General Materials and Supplies 56,886 28,083 10,995 12,733 3,725 - 1,350
Materials Management 3,793,679 1,240,005 262,200 56,711 61,350 - 2,173,414
Property Management 395,977 67,701 62,800 71,309 34,280 63,151 96,736
Promotion and Eduction 7,520 - - 7,020 500 - -
Expense Total 6,873,528 2,555,516 680,834 904,447 225,935 69,108 2,437,687
INCOME FROM SUPPORTED PROGRAMS 1,428,248 113,775 (439,664) (34,613) (26,549) 2,292 1,813,008
OPERATING PROGRAMS
FY22 Program Budget Proposals
Chittenden Solid Waste District
.
Operating
Programs Total Drop Off Centers
Environmental
Depot
Organics Diversion
Facility Paint Depot
Property
Management
Materials Recovery
Facility
Chittenden Solid Waste District
FY22 Program Budget Proposals
OPERATING PROGRAMS
Capital and Allocations
Capital Contributions 450,000 - - - 450,000
Maintenance Allocation 660,666 578,934 34,055 34,055 - 6,811 6,811
Support Program Allocations - - - - - --
Capital and Allocations Total 1,110,666 578,934 34,055 34,055 - 6,811 456,811
INCOME AFTER CAPITAL AND ALLOCATIONS 317,582 (465,159) (473,719) (68,668) (26,549) (4,519) 1,356,197
Transfers and Subsidies
Transfer to(from) SWMF Reserve - - - - - - -
Transfer to(from) Operating Reserve 317,582 (465,159) (473,719) (68,668) (26,549) (4,519) 1,356,197
Transfer and Subsidy Total 317,582 (465,159) (473,719) (68,668) (26,549) (4,519) 1,356,197
NET PROGRAM 0 - - - - - -
Biosolids Closed Landfill Maintenance
Revenue
Tipping Fees 1,220,222 - -
Material Sales - - 30,000
Interest and Dividends - 2,150 -
Revenue Total 1,220,222 2,150 30,000
Cost of Goods Sold
Cost of Goods Sold - - -
Cost of Goods Sold Total - -
GROSS PROFIT 1,220,222 2,150 30,000
Expense
Number of Full 0.03Time Employees 0.18 5.45
Salaries and Wages 2,766 12,799 299,652
Benefits 630 4,309 177,090
Travel and Training 2,960 - 2,000
Administrative Costs 1,946 100 500
Professional Services 2,300 20,000 -
Equipment and Fleet - - 133,640
General Materials and Supplies 80 - 12,800
Materials Management 1,157,212 39,400 30,000
Property Management - 21,330 55,417
Promotion and Eduction - --
Maintenance Charges to Operating Programs - -(681,099)
Expense Total 1,167,894 97,938 30,000
MAINTENANCE AND SELF-FUNDED PROGRAMS
FY22 Program Budget Proposals
hittenden Solid Waste District
.
Chittenden Solid Waste District
FY22 Program Budget Proposals
MAINTENANCE AND SELF-FUNDED PROGRAMS
INCOME FROM SELF FUNDED PROGRAMS 52,328 (95,788) 0
Capital and Allocations
Capital Contributions - - -
Maintenance Allocations 6,811 6,811 -
Support Program Allocations - - -
Capital and Allocations Total 6,811 6,811 -
INCOME AFTER CAPITAL AND ALLOCATIONS 45,517 (102,599) 0
Transfers and Subsidies
Transfer to(from) SWMF Reserve - -
Transfer to(from) Biosolids Reserve 45,517 -
Transfer to(from) Closed Landfill Reserve - (102,599)
Transfer and Subsidy Total 45,517 (102,599) -
NET PROGRAM - - 0
CY 2017
ACTUAL TONS
CY 2018
ACTUAL TONS
CY 2019
ACTUAL TONS
FY 21
PROJECTED
TONS
CY 2020
ACTUAL TONS
FY 22
PROJECTED
TONS TOTAL REVENUE$ / TON
MSW 92,419 98,426 98,392 75,000 87,351 94,300 27.00$ 2,546,100
% Increase 4.2%6.5%0.0%-23.8%16.5%8.0%
Ton Increase 3,684 6,007 (34) (23,392) 12,351 6,949
C&D 22,895 24,873 29,276 20,000 30,819 29,775 27.00$ 803,925
% Increase 11.0%8.6%17.7%-31.7%54.1%-3.4%
Ton Increase 2,266 1,979 4,402 (9,276) 10,819 (1,044)
ADC & C&D Fines 25,406 8,659 7,091 1,500 7,869 3,200 6.75$ 21,600
% Increase 81.1%-65.9%-18.1%-78.8%424.6%-59.3%
Ton Increase 11,373 (16,747) (1,567) (5,591) 6,369 (4,669)
TOTAL FY22 PROJECTED REVENUE 3,371,625
FY22 SWMF Projection.xlsx
FY 2022 PROPOSED BUDGET
SWMF PROJECTION
CHITTENDEN SOLID WASTE DISTRICT
.
FY19 Actual FY20 Budget FY20 Actual FY21 Budget FY22 Budget
(unaudited)
Income
4000 · TIPPING FEES
4010 · DOC
4011 · TRASH TIPPING FEE 2,194,021 2,545,961 2,092,842 2,442,243 2,347,600
4016 · TIRES 58,941 - 43,353 - 72,000
4017 · DRYWALL 2,449 - 4,031 - 5,400
Total 4010 · DOC 2,255,411 2,545,961 2,140,226 2,442,243 2,425,000
4030 · Organics Diversion
4031 · GMC FEEDSTOCK 301,500 365,357 303,679 323,950 313,238
Total 4030 · Organics Diversion 301,500 365,357 303,679 323,950 313,238
4040 · MRF
4041 · MRF FEES - TIPPING 175,629 - -
4042 · MRF RECYCLING TIP FEE 2,341,485 3,079,400 3,046,631 3,680,000 3,003,995
4043 · MRF DISPOSAL/HANDLING FEE 1,099 - 236 - -
4048 · MFR CONTAMINATED/ REJECTED LOAD (1,099) - 943 - -
Total 4040 · MRF 2,341,485 3,079,400 3,223,439 3,680,000 3,003,995
4050 · Depot
4051 · OOD HAZ WASTE FEES 1,648 1,977 1,500 1,500
4052 · FLUORESCENT LAMPS - TIP 29,015 16,923 28,000 22,500
4053 · CEG 57,755 42,037 58,000 58,000
4055 · ELECTRONICS TIP 376 733 1,200 -
4060 · BIOSOLIDS 1,254,472 1,043,711 1,198,424 1,170,566 1,220,222
4050 · DEPOT OTHER - - - 700 -
Total 4050 · Depot 1,343,266 1,043,711 1,260,095 1,259,966 1,302,222
4070 · TIP FEES OVER/UNDER 1,198 2,497 -
Total 4000 · TIPPING FEES 6,242,860 7,034,429 6,929,937 7,706,159 7,044,455
4200 · SOLID WASTE MANAGEMENT FEES
4210 · SW MANAGEMENT FEES 3,421,566 3,496,110 3,327,711 2,575,125 3,371,625
Total 4200 · SOLID WASTE MANAGEMENT FEES 3,421,566 3,496,110 3,327,711 2,575,125 3,371,625
FY22 DETAIL BUDGET
Chittenden Solid Waste District
.
FY19 Actual FY20 Budget FY20 Actual FY21 Budget FY22 Budget
(unaudited)
Chittenden Solid Waste District
FY22 DETAIL BUDGET
4100 · MATERIAL SALES
4150 · SALE OF COLLECTED WASTE 135,071
4151 · BATTERY SALES 9,644 - 3,310 1,000 4,620
4152 · BOTTLES AND CANS 7,010 - 4,256 - -
4153 · SCRAP METAL 130,961 - 82,570 750 122,950
4154 · WOOD CHIPS 40,180 - 49,879 - 30,000
4150 · OTHER COLLECTED WASTE - - - 155,663 -
Total 4150 · SALE OF COLLECTED WASTE 187,795 135,071 140,014 157,413 157,570
4110 · SALES - MATERIALS
4111 · COMPOST
4111.1 · GMC Credit - (452) - -
4116 · DELIVERY FEES 58,980 - 58,044 - -
4111 · COMPOST SALES 689,771 407,822 755,783 526,097 679,592
Total 4111 · COMPOST 748,751 407,822 813,374 526,097 679,592
4113 · PAINT
4113 · PAINT SALES 77,497 62,172 64,227 52,032 46,886
4119 · SALES DISCOUNT (17,887) - (17,579) - 44,510
Total 4113 · PAINT 59,609 62,172 46,648 52,032 91,396
4117 · BINS & CONTAINERS 3,099 20,046 26,283 21,293 -
4118 · ACR - MFR RECYCLED MATERIAL
4118.01 · Held for Sale RECYCLED MATERIAL - (40,441) -
4118 · ACR - MFR RECYCLED MATERIAL SALES 942,810 949,025 782,639 656,125 1,246,700
Total 4118 · ACR - MFR RECYCLED MATERIAL 942,810 949,025 742,198 656,125 1,246,700
4170 · MAT SALES OVER/UNDER 151 - 194 -
4180 · MISCELLANEOUS MATERIAL 3,907 9,700 6,330 7,000
Total 4100 · MATERIAL SALES 1,946,123 1,583,836 1,775,042 1,419,960 2,175,258
4300 · LICENSE FEES, FINES & PENALTIES
4311 · LICENSE FEES 12,670 12,430 13,145 19,055 14,895
4312 · BANNED MATERIAL 363 2,000 1,182 2,000 1,500
4314 · FINES AND PENALTIES 1,821 - 500 - -
Total 4300 · LICENSE FEES, FINES & PENALTIES 14,854 14,430 14,827 21,055 16,395
4400 · RENTAL INCOME
4401 · RENT 96,820 56,910 87,446 88,200 71,400
Total 4400 · RENTAL INCOME 96,820 56,910 87,446 88,200 71,400
FY19 Actual FY20 Budget FY20 Actual FY21 Budget FY22 Budget
(unaudited)
Chittenden Solid Waste District
FY22 DETAIL BUDGET
4500 · OTHER
4501 · MISCELLANEOUS 15,231 - 670 -
4505 · MISCELLANEOUS REIMBURSEMENTS 100 - - -
4511 · CHARGES FOR SERVICES - 52,000 59,673 - 70,428
Total 4500 · OTHER 15,331 52,000 60,342 - 70,428
4600 · PRODUCT STEWARDSHIP AND REIMB
4601 · PAINT REIMBURSEMENTS 172,628 - 129,464 175,000 175,000
4602 · PESTICIDE REIMBURSEMENT 52,060 - 36,780 48,000 45,000
4603 · ELECTRONICS REIMBURSEMENT 50,739 - 38,741 49,516 49,493
4605 · FLUORESCENT REIMB 6,538 - 4,982 5,000 4,500
4606 · BATTERY STEWAREDSHIP - - - 8,000 -
4600 · PRODUCT STEWARDSHIP AND REIMB - Other (21,295) 267,180 21,833 - -
Total 4600 · PRODUCT STEWARDSHIP AND REIMB 260,670 267,180 231,799 285,516 273,993
4700 · INTEREST, DIVEDENDS
4710 · INTEREST REVENUE 59,014 17,500 49,503 30,000 1,700
4720 · DIVIDEND INCOME - MS CD 61,539 45,227 - 450
Total 4700 · INTEREST, DIVIDENDS 120,554 17,500 94,730 30,000 2,150
4800 · GRANT REVENUE 106,471 106,470 108,673 106,470 106,470
4901 · EQUIPMENT SALE/TRADEIN 14,696 - 13,437 - -
4903 · MOU REVENUE (currently listed in unearned revenue)16,667 - -- -
Total Income 12,256,612 12,628,865 12,643,944 12,232,485 13,132,174
FY19 Actual FY20 Budget FY20 Actual FY21 Budget FY22 Budget
(unaudited)
Chittenden Solid Waste District
FY22 DETAIL BUDGET
Cost of Goods Sold
5010 · Organics Diversion COGS
5011 · Compost 35,674 36,949 218,778 62,395 77,738
5012 · Topsoil 15,117 9,329 7,789 11,594 8,368
5013 · Garden Mix 8,935 10,781 48,495 25,582 36,889
5014 · Bagged Product 7,736 - - - -
5019 · Miscellaneous COGS 39,760 - - - -
Total 5010 · Organics Diversion COGS 107,221 57,059 275,062 99,571 122,995
5040 · O&C COGS
5041 · BINS 24,073 21,264 30,640 21,946 31,885
Total 5040 · O&C COGS 24,073 21,264 30,640 21,946 31,885
5050 · Depot COGS
5051 · Paint 3,885 20,571 23,257 21,793 22,500
Total 5050 · Depot COGS 3,885 20,571 23,257 21,793 22,500
Total 5000 · Cost of Goods Sold 135,179 98,894 328,959 143,310 177,380
Gross Profit 12,121,432 12,529,971 12,314,985 12,089,175 12,954,794
FY19 Actual FY20 Budget FY20 Actual FY21 Budget FY22 Budget
(unaudited)
Chittenden Solid Waste District
FY22 DETAIL BUDGET
Expense
6000 · PAYROLL EXPENSES
6010 · SALARIES AND WAGES
6011 · SALARIES 1,036,653 1,266,714 879,641 1,187,807 1,339,812
6012 · WAGES-HOURLY 1,656,579 1,686,398 1,624,306 1,625,141 1,880,128
6013 · SEASONAL/TEMP EMPLOYEES 37,842 38,600 13,060 22,000 23,720
6014 · OVERTIME 35,947 33,714 40,788 37,272 42,510
6010 · ACCRUED WAGES & VACATION - - 85,912 - -
Total 6010 · SALARIES AND WAGES 2,767,020 3,025,426 2,643,707 2,872,220 3,286,170
6014 · BENEFITS
6015 · BENEFITS - TAXABLE
6016 · ACHIEVEMENT AWARD 15,732 16,000 14,506 10,000 16,000
6017 · WELLNESS BENEFIT 6,206 6,000 5,949 6,000 6,000
6018 · MILEAGE ALLOTMENT - 3,250 3,250 - 3,250
6019 · OTHER COMPENSATED TIME (93) - - - -
Total 6015 · BENEFITS - TAXABLE 21,845 25,250 23,705 16,000 25,250
6020 · BENEFITS
6021 · FICA 226,508 242,581 232,526 227,525 256,061
6022 · UNEMPLOYMENT 116 4,467 92 3,989 5,474
6023 · RETIREMENT BENEFITS 136,453 150,419 132,825 146,624 163,633
6024 · LIFE/DISABILITY INSURANCE 31,488 33,513 29,747 29,320 31,260
6025 · WORKERS COMPENSATION 108,017 126,766 93,338 119,202 120,979
6026 · DENTAL INSURANCE 37,311 38,764 33,596 39,848 45,173
6027 · HEALTH INSURANCE - Premiums
6027.01 · HRA CONTRIBUTION EXPENSE 69,010 - 62,956 - 3,000
6027 · HEALTH INSURANCE - Premiums Expense 387,276 572,650 355,498 601,400 724,235
Total 6027 · HEALTH INSURANCE - Premiums 456,286 572,650 418,454 601,400 727,235
6028 · HSA CSWD EXP 78,275 298 91,233 16,055 4,316
Total 6020 · BENEFITS 1,074,454 1,169,458 1,031,811 1,183,963 1,354,131
6030 · BENEFITS - TAXABLE*
6031 · HEALTH INSURANCE - OPT OUT 56,775 60,974 50,114 28,193 32,273
Total 6030 · BENEFITS - TAXABLE*56,775 60,974 50,114 28,193 32,273
TOTAL 6014 - Benefits 1,153,073 1,255,682 1,105,630 1,228,156 1,411,654
Total 6000 · PAYROLL EXPENSES 3,920,094 4,281,108 3,749,337 4,100,375 4,697,824
FY19 Actual FY20 Budget FY20 Actual FY21 Budget FY22 Budget
(unaudited)
Chittenden Solid Waste District
FY22 DETAIL BUDGET
6100 · TRAVEL & TRAINING
6111 · CONFERENCES 4,186 47,820 7,634 5,525 31,650
6121 · STAFF TRAINING & EDUCATION 26,493 44,600 20,531 28,500 36,300
6131 · MEMBERSHIP DUES 21,959 28,250 27,882 26,311 27,405
6141 · SUBSCRIPTIONS 854 3,546 1,551 885 650
Total 6100 · TRAVEL & TRAINING 53,491 124,216 57,597 61,221 96,005
6200 · ADMINISTRATIVE COSTS
6211 · BUSINESS TRAVEL 28,804 30,313 19,395 30,189 30,635
6221 · LEGAL NOTICES 2,240 1,260 939 1,160 1,070
6222 · EMPLOYMENT ADS 3,435 2,500 4,001 3,500 4,000
6231 · BANK FEES 8,425 2,650 5,337 3,950 79,200
6232 · BAD DEBT EXPENSE 0 500 - 500 500
6233 · MISC WRITE OFF 339 - 1,838 - -
6235 · Reconciliation Discrepancies (29) - (2) - -
6234 · INTEREST EXPENSE 1,287 - 199 - -
6241 · BOARD MEETINGS 9,669 12,101 8,434 11,950 5,915
6250 · GRANTS
6251 · COMMUNITY CLEAN UP FUND 11,814 15,000 15,046 15,000 15,000
6252 · INCENTIVE GRANTS 15,522 20,000 24,348 8,000 15,000
6250 · OTHER GRANTS - 20,000 - - -
Total 6250 · GRANTS 27,336 55,000 39,394 23,000 30,000
6253 · GREEN UP DAY 11,276 10,900 9,220 9,200 7,000
6261 · CUSTOMER RELATIONS 219 750 - 250 300
6262 · QUALITY AND TESTING - 200 - 200 -
6271 · GENERAL MANAGERS DISCRETION 2,630 2,500 1,045 1,000 2,000
6272 · RESEARCH AND DEVELOPMENT - - - 47,000 25,000
6281 · TEAM MOTIVATION 8,159 10,470 6,167 9,625 9,900
Total 6200 · ADMINISTRATIVE COSTS 103,790 129,144 95,967 141,524 195,520
FY19 Actual FY20 Budget FY20 Actual FY21 Budget FY22 Budget
(unaudited)
Chittenden Solid Waste District
FY22 DETAIL BUDGET
6300 · PROFESSIONAL FEES
6311 · ACCOUNTANT 1,353 7,500 1,549 5,500 2,000
6321 · AUDIT FEES 16,300 17,000 12,600 17,000 20,000
6331 · ENGINEERING 1,108 2,500 10,911 3,000 21,050
6341 · LEGAL SERVICES 54,172 38,250 47,542 54,825 29,400
6351 · IT DEVELOPMENT 750 27,500 11,350 500 7,000
6361 · CONSULTING 16,171 207,200 197,867 96,610 122,000
6371 · MEDICAL EXAMS 1,435 2,550 1,334 2,800 2,650
6381 · LOBBYIST FEES - - 15 - 75
6399 · OTHER PROF SERVICES 97,929 - 28,508 - 3,100
Total 6300 · PROFESSIONAL FEES 189,217 302,500 311,675 180,235 207,275
FY19 Actual FY20 Budget FY20 Actual FY21 Budget FY22 Budget
(unaudited)
Chittenden Solid Waste District
FY22 DETAIL BUDGET
6400 · EQUIPMENT AND FLEET
6410 · LARGE EQUIPMENT
6411 · LARGE EQUIPMENT LEASES 8,074 9,075 (7,394) 9,075 -
6412 · LARGE EQ - MAINT & PARTS 83,437 67,532 36,139 41,802 80,139
6413 · LARGE EQ - SERVICE CONTRACT 2,862 20,000 4,967 15,000 15,000
6415 · LARGE EQ -MAINT CONTRACTOR 9,915 6,104 8,620 6,034 13,231
6416 · SCALE CERTIFICATION AND MAINT 2,605 4,030 2,005 4,530 5,465
6417 · LARGE EQUIPMENT PURCHASES - - - - 14,750
6419 · EQUIPMENT CONTINGENCY - 57,800 24,360 62,800 87,500
Total 6410 · LARGE EQUIPMENT 106,892 164,540 68,697 139,241 216,085
6420 · GENERAL EQIUPMENT
6421 · SMALL EQUIPMENT 11,037 14,300 16,639 11,750 7,750
6422 · OFFICE EQUIPMENT 2,185 10,351 1,457 8,107 7,617
6424 · SAFETY EQUIPMENT 197 4,380 2,582 5,447 6,402
Total 6420 · GENERAL EQIUPMENT 13,418 29,031 20,678 25,304 21,769
6440 · INFORMATION TECHNOLOGY
6441 · PURCHASE, LEASE, OR LICENSE 1,673 31,211 15,674 39,800 112,915
6442 · HARDWARE AND EQUIPMENT 33,310 34,570 12,831 12,000 28,500
6443 · SYSTEMS MAINTENANCE 61,432 47,150 41,359 68,350 56,250
6445 · TELECOMMUNICATIONS 35,475 41,198 39,192 47,304 45,956
Total 6440 · INFORMATION TECHNOLOGY 131,891 154,129 109,056 167,454 243,621
6450 · FLEET MAINTENANCE
6451 · FM - LEASES - - 6,525 - -
6452 · SERVICE CONTRACTS 8,703 - - - -
6453 · FM - TIRE REPLACEMENT/REPAIR 19,243 34,575 13,359 47,875 26,000
6454 · FM REPAIR - OUTSIDE CONTRACTOR 57,191 17,610 40,017 19,300 30,750
6455 · FM - PARTS 22,115 59,790 30,593 51,200 30,250
6456 · FM - DIESEL AND GAS 98,850 109,316 70,531 105,943 96,090
6459 · FM - OTHER - 191 -
Total 6450 · FLEET MAINTENANCE 206,102 221,291 161,217 224,318 183,090
Total 6400 · EQUIPMENT AND FLEET 458,302 568,991 359,648 556,317 664,565
FY19 Actual FY20 Budget FY20 Actual FY21 Budget FY22 Budget
(unaudited)
Chittenden Solid Waste District
FY22 DETAIL BUDGET
6500 · SUPPLIES
6510 · GENERAL MATERIALS AND SUPPLIES
6511 · MATERIALS & SUPPLIES 37,440 24,849 22,299 19,400 23,675
6512 · FACILITY SIGNAGE 2,117 14,300 4,310 10,000 12,400
6513 · SAFETY SUPPLIES 828 2,475 5,849 3,935 3,850
6514 · BINS - NOT SOLD 7,199 13,344 14,578 165 -
6510 · GENERAL MATERIALS AND SUPPLIES - Other 206 - 399 3,500 -
Total 6510 · GENERAL MATERIALS AND SUPPLIES 47,791 54,968 47,435 37,000 39,925
6520 · GEN OFFICE SUPPLIES
6521 · OFFICE SUPPLIES 14,703 16,500 10,862 14,650 13,730
6522 · BOTTLED WATER 1,043 1,765 2,312 1,945 1,845
6523 · POSTAGE 5,355 12,805 3,612 8,935 14,480
6520 · GEN OFFICE SUPPLIES - Other - - 141 - -
Total 6520 · GEN OFFICE SUPPLIES 21,101 31,070 16,927 25,530 30,055
6540 · EMPLOYEE CLOTHING
6541 · UNIFORMS 8,802 13,190 9,212 11,415 14,637
6542 · PERSONAL PROTECTIVE EQUIPMENT 7,589 10,513 8,419 10,232 10,209
Total 6540 · EMPLOYEE CLOTHING 16,391 23,703 17,631 21,647 24,846
Total 6500 · SUPPLIES 85,282 109,741 81,993 84,177 94,826
FY19 Actual FY20 Budget FY20 Actual FY21 Budget FY22 Budget
(unaudited)
Chittenden Solid Waste District
FY22 DETAIL BUDGET
6600 · MATERIALS MANAGEMENT
6610 · TRUCKING AND HAULING
6611 · HAULING SERVICES 43,750 117,285 199,902 347,464 177,570
6612 · PRODUCT DELIVERY 46,515 - 57,480 1,649 -
Total 6610 · TRUCKING AND HAULING 90,264 117,285 257,382 349,113 177,570
6620 · DISPOSAL FEES
6620.1 · ILLEGAL DUMPING - - - - 500
6621 · TRASH DISPOSAL 713,602 722,196 642,562 765,651 834,766
6622 · SLUDGE DISPOSAL 1,087,220 964,040 1,114,859 1,103,967 1,157,212
6623 · HAZ WASTE DISPOSAL 234,283 206,390 226,352 286,544 288,133
6624 · REFRIGERANT REMOVAL 40,736 38,776 34,645 48,537 41,085
6625 · RECYCLING FEES - DOCS 145,301 204,375 184,981 235,330 214,340
6626 · TIRES DISPOSAL FEE 82,601 74,954 65,690 31,000 67,320
6627 · ELECTRONICS DISPOSAL 8,040 18,021 11,221 20,822 14,008
6628 · FOOD WASTE DISPOSAL 58,643 64,585 56,247 86,261 44,850
6629 · FLUORESCENT DISPOSAL 29,018 35,000 24,126 35,000 30,000
6620 · DISPOSAL FEES - Other - - 1,241 - -
Total 6620 · DISPOSAL FEES 2,399,443 2,328,337 2,361,926 2,613,112 2,692,214
6630 · MATERIALS PROCESSING
6631 · RECYCLING PROCESSING FEES 2,555,717 2,650,288 2,818,528 3,036,968 1,998,414
6632 · WOOD PROCESSING FEES 35,557 86,325 90,399 58,500 90,000
Total 6630 · MATERIALS PROCESSING 2,591,274 2,736,613 2,908,928 3,095,468 2,088,414
6640 · LEACHATE
6641 · LEACHATE HAULING 9,268 21,600 7,655 19,161 9,732
6642 · LEACHATE TESTING 3,455 4,790 3,784 4,790 4,110
6643 · LEACHATE TREATMENT 1,851 2,697 2,541 3,442 2,250
Total 6640 · LEACHATE 14,573 29,087 13,980 27,393 16,092
6650 · TESTING
6651 · GROUND WATER TESTING 24,153 38,805 27,092 32,888 34,888
6652 · PRODUCT TESTING 5,913 11,113 4,836 9,913 11,468
6650 · TESTING - Other - 726 -
Total 6650 · TESTING 30,066 49,918 32,655 42,801 46,356
Total 6600 · MATERIALS MANAGEMENT 5,125,621 5,261,240 5,574,870 6,127,887 5,020,646
FY19 Actual FY20 Budget FY20 Actual FY21 Budget FY22 Budget
(unaudited)
Chittenden Solid Waste District
FY22 DETAIL BUDGET
6700 · PROPERTY MANAGEMENT
6710 · BUILDING & LAND
6711 · BUILDING LEASE 46,365 48,807 47,853 49,409 52,006
6712 · MOWING 1,894 13,045 13,043 13,080 13,260
6713 · PLOWING 32,384 37,700 31,854 54,362 44,100
6714 · BUILDING MAINTENANCE 47,093 65,087 42,545 62,660 92,790
6715 · SKILLED LABOR 3,333 28,278 23,512 19,020 19,500
6716 · SAFETY MONITOR AND INSPECTION 1,792 6,150 4,432 5,940 5,195
Total 6710 · BUILDING & LAND 132,861 199,067 163,239 204,471 226,851
6720 · UTILITIES
6721 · ELECTRICITY 39,561 46,536 33,063 42,313 51,319
6722 · HEATING FUEL 13,832 18,528 11,796 19,075 16,485
6724 · WATER/SEWER 15,285 32,133 10,800 17,809 17,352
Total 6720 · UTILITIES 68,677 97,197 55,658 79,197 85,156
6730 · COMMERCIAL INSURANCE
6731 · COMMERCIAL INSURANCE PREMIUM 102,242 107,517 97,481 105,230 77,750
6732 · COMM INSURANCE RESERVE 511 3,000 (2,788) 3,000 3,000
Total 6730 · COMMERCIAL INSURANCE 102,753 110,517 94,693 108,230 80,750
6740 · GOV'T FEES & TAXES
6741 · HOST TOWN FEES 5,801 5,264 8,787 6,345 8,407
6742 · IMPACT FEES 23,173 28,797 24,741 29,370 31,745
6743 · PYMT FOR MUNIC SVCS 43,369 40,128 44,584 40,625 44,053
6744 · PROPERTY TAXES 22,698 19,918 23,569 24,745 26,180
6745 · STATE AND LOCAL TAXES 2,106 1,500 1,075 1,800 -
6746 · PERMITS 1,585 2,050 1,285 2,750 3,710
Total 6740 · GOV'T FEES & TAXES 98,732 97,657 104,041 105,635 114,095
Total 6700 · PROPERTY MANAGEMENT 403,023 504,438 417,631 497,533 506,852
6800 · PROMOTION & EDUCATION
6812 · ADVERTISING 153,216 127,070 79,598 60,295 99,348
6813 · PRINTING 13,876 36,262 11,169 22,875 51,755
6814 · EDUCATION - 2,300 1,722 1,000 3,110
6815 · WORKSHOPS 160 500 415 500 500
6821 · DONATIONS - 3,000 55 3,000 3,000
6800 · PROMOTION & EDUCATION OTHER 1,801 - - - -
Total 6800 · PROMOTION & EDUCATION 169,053 169,132 92,958 87,670 157,713
FY19 Actual FY20 Budget FY20 Actual FY21 Budget FY22 Budget
(unaudited)
Chittenden Solid Waste District
FY22 DETAIL BUDGET
6900 · MAINTENANCE CHARGES
6901 · MAINTENANCE & ROLL OFF CHARGES - 639,851 509,156 - (681,099)
Total 6900 · MAINTENANCE & ROLL OFF CHARGES - 639,851 509,156 - (681,099)
6950 · CAPITAL EXPENSES & ALLOCATIONS
6950 · CAPITAL EXPENSES 43,082 - - - -
Total 6950 · CAPITAL EXPENSES & ALLOCATIONS 43,082 - - - -
Total Expense 10,550,956 12,090,361 11,250,832 11,836,938 10,960,127
Net Ordinary Income 1,570,477 439,610 1,064,153 252,237 1,994,667
Stabilization Reserve. Budget projections for fiscal year 2022 indicate an increase of $317,582.
are depleted, funding will be withdrawn from the Solid Waste Management Fee Rate
are made when operational allocations balances are insufficient. In the event operating reserves
contributions are made in years when operation allocations balances are in excess; withdraws
on the solid waste management fee to meet the operational finances. It is assumed
Operating Reserve –designated to provide funds to operating programs and reduce the reliance
Communication budget. Budget projections for fiscal year 2022 indicate an increase of $12,566.
Currently this reserve is funded by an annual expense included in the Outreach and
Community Clean Up Fund – designated to member communities for local permissible projects.
reserve. Budget projections for fiscal year 2022 indicate an increase of $45,517.
funding; when biosolids exceeds support by its operations funds will be withdrawn from the
from biosolids. It is assumed contributions are made in years when biosolids can provide excess
Biosolids Reserve –designated to reduce the impact of market conditions on the fees assessed
fiscal year 2022 indicate no changes to this balance.
by operations funds will be withdrawn from the stabilization reserve. Budget projections for
years when drop off centers can provide excess funding; when drop of centers exceeds support
conditions on the fees assessed at drop off centers. It is assumed contributions are made in
Drop Off Center Rate Stabilization Reserve –designated to reduce the impact of market
indicate a reduction of $102,599.
annual budget, as well as, expected expenditures. Budget projections for fiscal year 2022
the reserve earns interest through interest-bearing accounts. Interest earned is included in the
care through resolution with the state, expected no sooner than Fiscal Year 2025. A portion of
alterations, as necessary. Excess funds will remain in this fund until CSWD reaches custodial
perform an annual audit to review the current closing cost and adjust for inflation and
the 30-year process of closing the landfill that began in 1996. Members of the operations team
Landfill Post Closure Reserve –designated to assure funding exists to meet the requirements of
will increase by $1,025.
through an interest-bearing account. Budget projections for fiscal year 2022 indicate this fund
and adjusts for inflation and alterations, as necessary. A portion of the reserve earns interest
state law. Members of the operations team perform an annual review of the current closing cost
Facility Closure Reserve – designated to safely close current operating facilities as required by
by $602,319.
the stabilization reserve. Budget projections for fiscal year 2022 indicate this fund will increase
are more than the net balance of the solid waste management fee funds will be withdrawn from
less than the net balance of the solid waste management fee; when administrative allocations
conditions. It is assumed contributions are made in years when administrative allocations are
waste management fee from substantial changes year over year due to uncertain market
Solid Waste Management Fee Rate Stabilization Reserve –designated to preserve the solid
action. These funds are:
achieve identifiable objectives. Funds are assigned by the Board and may be reassigned only with Board
Reserve Accounts are designated unrestricted funds the Board of Commissioners has assigned to
RESERVE FUNDS BUDGET - ASSUMPTIONS AND HIGHLIGHTS
Fiscal Year 2022 Proposed Budget
CHITTENDEN SOLID WASTE DISTRICT
.
Solid Waste Management Fee
Collected 3,371,625$
Total Solid Waste Management
Fee Subsidy for Administrative
Programs 2,768,559
FY22 Budgeted Transfer 603,066
FY20 Reserve Balance
(unaudited)2,306,665
FY22 Projected Reserve
Balance 2,909,731
FY22 Budgeted Transfer -
Projected Interest Earned 1,025
FY20 Reserve Balance
(unaudited)502,953
FY22 Projected Reserve
Balance 503,978
FY22 Budgeted Transfer 102,599
FY20 Reserve Balance
(unaudited)748,754
FY22 Projected Reserve
Balance 851,353
FACILIITES CLOSURE RESERVE
LANDFILL POST CLOSURE RESERVE
SOLID WASTE MANAGEMENT FEE RATE STABILIZATION RESERVE
FY22 PROJECTED RESERVES
Chittenden Solid Waste District
.
Chittenden Solid Waste District
FY22 PROJECTED RESERVES
FY22 Budgeted Transfer -
FY20 Reserve Balance
(unaudited)263,535
FY22 Projected Reserve
Balance 263,535
FY22 Budgeted Transfer 45,517
FY20 Reserve Balance
(unaudited)154,086
FY22 Projected Reserve
Balance 199,603
FY22 Budgeted Transfer 15,000
FY20 Reserve Balance
(unaudited) 79,221
FY21 Funds used through
March 2021 (2,434)
FY22 Projected Reserve
Balance 91,787
DROP OFF CENTER RATE STABILIZATION RESERVE
BIOSOLID RESERVE
COMMUNITY CLEAN UP RESERVE
Chittenden Solid Waste District
FY22 PROJECTED RESERVES
FY22 Budgeted Transfer 317,582
FY20 Reserve Balance
(unaudited)-
FY22 Projected Reserve
Balance 317,582
OPERATING RESERVE
FY 22 FY 21 FY 20 Change
4) MATERIALS RECOVERY FACILITY
Tipping fees and/or materials purchased price fluctuate with market price. Budgeted rates are:
In District materials, per Ton $80.00 $80.00 $65.00 $0.00
Out-of-District materials, per Ton $80.00 $80.00 $65.00 $0.00
6) SPECIAL WASTE PROGRAM
Special Waste Facility (at the Williston Drop-Off Center)
Non-covered Electronics ~ per pound (by appt. only)$0.18 $0.18 $0.18 $0.00
Gypsum wallboard (clean, new scrap):
Small loads (up to 2 cy), per cubic yard $22.50 $22.50 $22.50 $0.00
Large loads, per ton $90.00 $90.00 $90.00 $0.00
Tires ~ up to 16”$2.25 $2.25 $2.25 $0.00
Tires ~ 16.5” to 19”$3.75 $3.75 $3.75 $0.00
Tires ~ per ton $200.00 $200.00 $200.00 $0.00
Tree limbs, trunks, clean stumps, & brush:
Up to 6 cubic yards No charge No charge No charge
Each cubic yard in excess of 6 cy $5.00 $5.00 $5.00 $0.00
Pallets & clean lumber:
Per ton $50.00 $50.00 $50.00 $0.00
Propane cylinders over 20 lbs $5.00 $5.00 $5.00 $0.00
7) DROP-OFF CENTERS
Items accepted vary by facility.
Household Trash up to 18-gallon bag/barrel $2.75 $2.75 $2.75 $0.00
up to 33-gallon bag/barrel $5.25 $5.25 $5.25 $0.00
up to 45-gallon bag/barrel $7.50 $7.50 $7.50 $0.00
per cubic yard $41.25 $41.25 $41.25 $0.00
at Burlington Drop-Off Center, per pound $0.21 $0.21 $0.21 $0.00
up to 18-gallon bag/barrel $5.50 $5.50 $5.50 $0.00
up to 33-gallon bag/barrel $10.50 $10.50 $10.50 $0.00
up to 45-gallon bag/barrel $15.00 $15.00 $15.00 $0.00
per cubic yard $82.50 $82.50 $82.50 $0.00
at Burlington Drop-Off Center, per pound $0.21 $0.21 $0.21 $0.00
Other Items (* indicates that limits apply)
All-In-One Recyclables ONLY $2.00 $2.00 $2.00 $0.00
All-In-One Recyclables, with paid trash items No charge No charge No charge
Appliances without Refrigerants $5 $5 $5 $0.00
Appliances with Refrigerants $10-$15 $10-$15 $10-$15
Batteries (household and lead acid)*No charge No charge No charge
Electronics -non-covered $1-$15 $1-$15 $1-$15 $0.00
Electronics - items covered by new State program No charge No charge No charge
Fluorescent lamps*No charge No charge No charge
Compostables, with paid trash items No charge No charge No charge
Compostables, no paid trash items $1.50 $1.50 $1.50 $0.00
Small Furniture item $11 $11 $11 $0.00
Large Furniture item $22 $22 $22 $0.00
Med BoxSpring $18.75 $18.75 $18.75 $0.00
Med Mattress $18.75 $18.75 $18.75 $0.00
Sm Mattress $11 $11 $11 $0.00
Sm BoxSpring $11 $11 $11 $0.00
Lg Mattress $22 $22 $22 $0.00
Lg BoxSpring $22 $22 $22 $0.00
Crib Mattress $6 $6 $6 $0.00
Hard cover books*No charge No charge No charge
Mercury-containing products*No charge No charge No charge
Propane cylinders 20 lbs & under*No charge No charge No charge
CHITTENDEN SOLID WASTE DISTRICT
FY 22 SCHEDULE OF PROGRAM TIPPING FEES
Construction &
Demolition Debris
Page 1 of 2 PROGRAM FEES J -1
.
7) DROP-OFF CENTERS, Continued FY 22 FY 21 FY 20 Change
Other Items (Continued)Scrap metal No charge No charge No charge
Textiles*No charge No charge No charge
Tires ~ up to 16”$2.75 $2.75 $2.75 $0.00
Tires ~ 16.5” to 19”$5.25 $5.25 $5.25 $0.00
Tires ~ 20” to 24.5”$14.00 $14.00 $14.00 $0.00
Tires ~ off road $56.00 $56.00 $56.00 $0.00
Tree limbs, trunks, clean stumps, & brush:
Up to 3 cubic yards No charge No charge No charge
Each cubic yard in excess of 3 cy $10.00 $10.00 $10.00 $0.00
Pallets & clean lumber:
Up to 1 cubic yard No charge No charge No charge
Each cubic yard in excess of 1 cy $5.00 $5.00 $5.00 $0.00
Used oil*No charge No charge No charge
Used oil filters*No charge No charge No charge
Wood ashes ….
Yard debris
8) HAZARDOUS WASTE - ENVIRONMENTAL DEPOT & ROVER
Environmental Depot
Household hazardous waste
Call For Pricing
Rover
Household hazardous waste
10) BIOSOLIDS
Sludge per wet ton for disposal (average projected blended rate, opt out)NA NA NA
Sludge per wet ton for disposal (average projected blended rate)$87.40 $86.72 $86.10 ($0.68)
Sludge per wet ton for land application (average projected blended rate)NA NA NA
Sludge per wet ton for alkaline treatment (average projected blended rate)$92.87 $92.02 $87.04 ($0.85)
South Burlington Class A (average projected blended rate)NA NA NA
11) COMPOST
Per-ton tip fee for post-consumer food waste 65.00$ 60.00$ 60.00$ ($5.00)
15) FINANCE
Solid Waste Management Fee per ton 27.00$ 27.00$ 27.00$ $0.00
NOTE: Sales prices are established by market conditions and are subject to change.
Business hazardous waste ~ Conditionally Exempt
Generators
CHITTENDEN SOLID WASTE DISTRICT
FY 22 SCHEDULE OF PROGRAM TIPPING FEES, Continued
Page 2 of 2 PROGRAM FEES J -2
FY 22 CSWD ORGANIZATIONAL CHART
Board of Commissioners (18)
ExecutiveBoard (5)
Executive Director (1)
Finance Committee (3)
Finance
(1)
Finance
Support
Staff
(3)
Information
Systems (1)
Administration
(1)
Organics Diversion Facility(1)
Compliance
(1)
Special Projects (.5)
Public Policy &
Communications
(1)
Operations (1)
Outreach &
Communications
(1)
IT
Support
Staff (1.05)
Maintenance
Support Staff
(5)
Marketing &
Communications
(1)
Marketing
Support Staff (2)
Outreach Support
Staff (3)
Admin
Support
Staff
(1)
Property
Mgmnt
Drop-Off Centers
(1)
Organics
Support Staff
(4.50)
Depot/Paint/
Rover
Support Staff
(3.9)
Hazardous
Waste
(1)
Compliance
Support Staff
(1)
DOC Support Staff (13.71)
MRF Biosolid Engineering & Project Management (1)
Landfill
F:\BUDGETS\BUDGET 2022\Board - Budget\11.OrgChart 4.2021 - AMY.xlsx Page 1
FY 22 - 51.70 Full-time equivalents
May 3, 2021
Kevin Dorn
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Dear Kevin:
Attached please find copies of the Chittenden Solid Waste District Proposed FY 22 Budget. CSWD is
scheduled to meet with the City of South Burlington on Monday, June 7, 2021 at 6:30 p.m. Please forward
the attached copies to your City Council for their review.
On Wednesday, April 28, 2021 CSWD’s Board of Commissioners approved sending the Proposed FY 22
Budget to member cities and towns for their approval. Below is Section 4. (b) of the Chittenden Solid Waste
District Charter.
Within 45 days of the approval of the budget by the Board of Commissioners, the legislative body of each
member municipality shall act to approve or disapprove the budget.
The budget shall be approved if approved by the legislative bodies of a majority of the member
municipalities. (For such purposes, each member municipality shall be entitled to one vote.) A legislative body
that disapproves the budget must file with the Board of Commissioners a written statement of objections to
the budget identifying those specific items to be changed, and failure to file such statement of objections
within the forty-five (45) day period shall constitute approval by such municipality. A legislative body that
fails to act to approve or disapprove the budget within the forty-five (45) day period shall likewise be deemed
to have approved the budget.
As stated above, each member municipality may choose to approve or disapprove the budget prior to June
11, 2021. Please feel free to contact me should you have any questions. Thank you.
Sincerely,
Amy Jewell
Director, Administration
Cc: Paul Stabler – Board Rep.
Airport Parkway WTP
Solar Array Concept
Current Status
•Landfill solar array provides solar credits
•Priority Basis –City WTP then schools•Covers nearly all summer expenses•Covers some expenses in spring and fall•Covers very few expenses in winter•Current metering credits very beneficial
•Potential addition of solar array to Airport parkway WTP
•Not eligible for net metering•Array must be connected on plant side of GMP meter
•GMP effect –plant uses less energy•South Burlington effect –more energy credits flow to the schools
•Conclusion•Schools should pay a reasonable energy cost:
•Until array is paid for
•Savings should be shared when project is paid for
Project is good for the environment and the City
Net Metering Model Diagram
Potential Cost Sharing Model
•Array data•Landfill Solar Array FY2019 production 2,376,800 kwh•Potential WTP array production 200,000 kwh cost $200,000
•Conceptual proposal
•School pays current cost of power less adders
•Until array expenses are paid for•Cost reduced to half•Sample calculation
•July 2020 power cost $7,099.91
•July 2020 kwh used 49,516
•Cost per kwh $0.143•Retired cost per year $28,677•Years to retire cost 6.97
Zero net cost to School District –Funds are paid to City instead of GMP
RESOLUTION FOR POLICYMAKING TO REDUCE CARBON EMISSIONS AND COUNTERACT CLIMATE CHANGE
WHEREAS, the mission of the City of South Burlington (City) is to “enhance the quality of life and sense of community for our citizens, businesses and visitors by providing high quality, efficient, well managed and cost-effective public services for their safety and enjoyment”; and,
WHEREAS, the City’s vision is to “set the standard of excellence in providing innovative and
valuable municipal services that are an essential factor in making our City the most desirable place to live, work and play in Vermont”; and,
WHEREAS, the 2016 South Burlington Comprehensive Plan (Plan) provides for the following
vision to guide city planning for the ensuing twenty years, stating that: “Here and into the future,
South Burlington is .......
•Affordable & Community Strong. Creating a robust sense of place and opportunity for
our residents and visitors.
•Walkable. Bicycle and pedestrian friendly with safe transportation infrastructure.
•Green & Clean. Emphasizing sustainability for long-term viability of a clean and greenSouth Burlington.
•Opportunity Oriented. Being a supportive and engaged member of the larger regional andstatewide community”; and,
WHEREAS, the Plan “recommends a number of actions and practices that should be undertaken
by the City and community to help achieve the goals and objectives therein. This plan and its
recommendations are intended to aid the City as it prepares and adopts regulations, prepares capital budgets and annual work programs, and forms citizen committees to study a particular concern”; and,
WHEREAS, the recommendations included in and formalized by the Plan includes land
acquisition, for the purpose of “the construction of public facilities including parkland, schools, sewer and water facilities, roads and recreation paths,” of which the Open Space penny on the annual municipal property tax is but one tool; and,
WHEREAS, the Plan’s recommendations are to be based on “Population Forecasting and
Planning,” specifying that “trends in absolute population be monitored closely, and also be monitored together with equally important trends in housing construction, commercial development, and employment. Separately and together, these four subject areas have a significant impact on municipal and school services, financing, and needs”; and,
WHEREAS, the Plan also includes among the City’s concerns and recommendations “improved transit service”; and,
WHEREAS, the Plan cites a number of suggested improvements, the existing recommendations
for our road infrastructure are specific to US 2 / Williston Rd Corridor improvements to
“capacity, access management, safety, transit service, intersection improvements, turning lanes, streetscape, pedestrian, and bicycle infrastructure, signalization adjustments”; and,
WHEREAS, the Plan specifically recommends “flood resiliency” as a “goal and element,” per the Vermont State Hazard Mitigation Plan and the City’s All Hazards Mitigation Plan, whose requirements include the “identification of flood hazard and fluvial erosion hazard areas (areas); designates those areas to be protected, including floodplains, river corridors, land adjacent to
streams, wetlands, and upland forests, to reduce the risk of flood damage to infrastructure and
improved property; and recommends policies and strategies to protect these areas and mitigate risks”; and,
WHEREAS, the Plan calls for a “comprehensive approach to stormwater management,” i.e.,
“avoiding new development in these areas and eliminates exacerbation of flooding and fluvial
erosion, encourages protection and restoration of these areas, and plans for flood emergency preparedness and response”; and,
WHEREAS, the Plan refers to specific recommendations for properties that should be conserved,
“ranging from potential scenic view protection areas, a park gap analysis, mapped primary and
secondary resource conservation areas, [relative to] land cover, bio-diversity, and working lands”; and,
WHEREAS, the Plan cites “air pollution” as a main concern of the City and recommends the
“maintenance and improvement of air quality,” further citing the Chittenden County Regional
Planning Commission’s ECOS Plan, which identifies traffic as the primary contributor to air pollution, and the City’s Energy Committee’s assessment, which confirms the ECOS report on “vehicles fueled by gasoline and diesel in the City [as] “a significant contributor to airborne pollutants”; and,
WHEREAS the 2019 ECOS Plan identifies traffic as the primary contributor to air pollution, stating:
“There is a significant link between transportation choices and public health. Physical
activity in our communities has a cross-cutting societal impact and is directly dependent
on transportation opportunities, infrastructure, and community design. A lack of safe and convenient alternatives to automobile travel disproportionately affects vulnerable populations”; and,
WHEREAS, the 2019 ECOS Plan identified the need for investment in public “transit, walking,
biking, car-sharing and ride-sharing” to “reduce single-occupancy vehicle travel”; and,
WHEREAS, the 2014 Chittenden County Regional Planning Commission Climate Action Guide sets as a priority strategy for Chittenden County to:
“Maintain vegetative landscapes to support carbon sequestration. Maintaining vegetated landscapes – forests, wetlands, agricultural lands and urban trees and vegetation – is important for continued carbon sequestration. Vegetated landscapes also help with
climate adaptation by absorbing precipitation, reducing stormwater runoff, maintaining natural habitats, and reducing the urban heat island effect.”; and,
WHEREAS, the State of Vermont Climate Action Report issued in July of 2018 provides:
“Vermont’s working lands can be managed to ‘reverse’ greenhouse gas emissions, and it’s already occurring in places… [R]educing soil disturbance keeps existing soil carbon in the soil. Second, while we have lost much of our agricultural soil carbon through 100 years of cropping, that loss can be reversed by adopting a reasonable set of conservation practices.”;
and,
WHEREAS, the Plan, the 2020 Interim Zoning Open Space Committee Report, the 2020 Arrowwood Report, and the 2020 Earth Economics Report make recommendations for properties that should be conserved out of concern for ecosystem resiliency and biodiversity; and,
WHEREAS, the State of Vermont (State) has confirmed that “the extent of climate change is
linked to how much carbon dioxide, methane and other greenhouse gases (GHG) we emit into the atmosphere”; and,
WHEREAS, though not mentioned in the Plan, the Plan’s planning goals are increasingly
contingent on climate change, requiring a change in human actions and practices; and,
WHEREAS, the Intergovernmental Panel on Climate Change issued warnings on “more rain and extreme storms,” “flooding,” and “extreme temperatures,” exacerbating “heat waves, algae blooms, and increases in tick- and mosquito-borne diseases,” and requiring the “protection and
restoration of floodplains, wetlands, and areas of contiguous forest”; and,
WHEREAS, climate-damaging greenhouse gas emissions have risen 13% in Vermont since
1990; and,
WHEREAS, State legislators adopted in 2006 goals that “call for a 50% reduction of the state’s greenhouse gas emissions below their 1990 levels by 2028, and a 75% reduction by 2050”; and,
WHEREAS, the State’s 2016 Comprehensive Energy Plan “established new planning goals for reducing the emissions from our energy use,” i.e., 40% reduction below GHG levels in 1990 by 2030, and 80% to 95% reduction below 1990 levels by 2050; and,
WHEREAS, in 2017 the City Council pledged to meet the targets of the State of Vermont and of
the Paris Climate Accord, which aims to reduce greenhouse gas emissions by 26-28% below 2005 levels by 2025, and South Burlington is a member of the Vermont Climate Communities coalition; and,
WHEREAS, in 2020 Vermont enacted H.688, the Global Warming Solutions Act (the “GWSA”) which “promotes the use of natural systems and working lands to capture and store carbon, protect against severe weather events, and build community resilience” and mandates that Vermont reduce the amount of greenhouse gas released annually to:
•26 percent below 2005’s carbon emission levels by 2025;
•40 percent below 1990’s carbon emission levels by 2030; and
•80 percent below 1990’s carbon emission levels by 2050; and,
WHEREAS, in April of 2021 the federal government announced that the United States will
target a 50-52% reduction in greenhouse gas emissions from 2005 levels and net zero emissions no later than 2050; and,
WHEREAS, the State is falling far short of these goals and recommends that each and every person, business, and visitor to our state assess and then reduce their carbon footprint and, by
weatherizing their homes and businesses, making their transportation modes “low carbon,”
protecting “Vermont’s nature-based solutions,” making our “communities green and resilient,” buying or leasing electric or fuel-efficient vehicles, recycling and composting, advocating for “low carbon” workplaces and neighborhoods, and investing in environmentally responsible companies and mutual funds; and,
WHEREAS, the City has hired an energy projects manager and pursued a number of key projects reducing our energy and carbon footprints, the next step being the creation of a climate action plan.
NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council adopts as its principal guiding mission, on the basis of equity with regard to vulnerable populations, the reduction of South Burlington’s carbon footprint to achieve, at a minimum, the greenhouse gas emission reduction goals mandated by the GWSA and to target reductions in line with the 2021 federal goals.
BE IT FURTHER RESOLVED that City staff and the Council, with the help of its advisory committees, prepare and adopt regulations, prepare capital budgets and annual work programs, and form citizen committees as needed, to reflect this mission by accounting for greenhouse gas emissions and climate impacts when making any significant decisions.
BE IT FURTHER RESOLVED that City staff and the Council will immediately form a Climate
Action Task Force with the mission to involve all members of the community to participate in
creating a Climate Action Plan in support of the City’s commitments as set forth herein.
BE IT FURTHER RESOLVED that the City will annually report on the progress that the City is
making on enacting the Climate Action Plan and will verify that the City appropriately factored
climate impacts into all applicable actions and decisions.
Signed this _____ day of June, 2021.
______________________________________ Helen Riehle, South Burlington City Council Chair
______________________________________ Meaghan Emery, South Burlington City Council Vice-Chair
______________________________________
Tim Barritt, South Burlington City Council Clerk
______________________________________ Thomas Chittenden, South Burlington City Councilor
______________________________________
Matt Cota, South Burlington City Councilor
NOTE: Councilor Cota will offer this “strike all” (functionally a substitute) amendment to a resolution related to climate change to be offered by Councilor Emery
RESOLUTION TO REDUCE GREENHOUSE GAS EMISSIONS WHEREAS Act 153 of 2020, also known as the Vermont Global Warming Solutions Act , requires that greenhouse gas emissions from within the geographical boundaries of the State of Vermont decline by not less than 26% by 2025, by 40% by 2030, and 80% by 2050, and, WHEREAS the Vermont Climate Council is preparing a Climate Action Plan to develop emission reduction strategies in order to meet these mandates, and, WHEREAS the Vermont Department of Public Service is preparing the 2022 Vermont Comprehensive Energy Plan as required by 30 V.S.A. § 202b, which provides a pathway for these emission reductions, and, WHEREAS the South Burlington City Council acknowledges the effect of CO2 emissions on climate change, and, NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council support the statewide effort to reduce greenhouse gas emissions.
Signed this _____ day of June, 2021. ______________________________________ Helen Riehle, South Burlington City Council Chair ______________________________________ Meaghan Emery, South Burlington City Council Vice-Chair ______________________________________ Tim Barritt, South Burlington City Council Clerk ______________________________________ Thomas Chittenden, South Burlington City Councilor ______________________________________ Matt Cota, South Burlington City Councilor
Memo
To:South Burlington City Council
From: David Wheeler, Stormwater Superintendent
CC: Kevin Dorn, City Manager
Justin Rabidoux, Director of Public Works
Tom DiPietro, Deputy Director of Environmental Services
Date: June 4, 2021
Re:3-Acre Rule Update to Stormwater Ordinances
South Burlington Stormwater Services is proposing the attached draft amendments to the
Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater
Systems (most recently approved 10/17/16) and the Stormwater Upgrade Feasibility Analysis
(approved 10/17/16). These draft amendments were developed in response to updates made
to the Vermont Stormwater Management Manual in 2017, the State’s Stormwater General
Permit 3-9050 that went into effect on December 1, 2020, and the current development of the
City’s Phosphorus Control Plan. During the review process, some minor clarifications and
corrections were made and are being proposed as well.
The City’s “Ordinance Regulating the Use of Public and Private Sanitary Sewerage and
Stormwater Systems” (Ordinance), provides the opportunity for properties with existing or
expired State stormwater permits to obtain valid State stormwater permit coverage under the
City’s MS4 permit. In order for a property to obtain coverage under the City’s MS4 permit, it
must provide a level of stormwater treatment that will facilitate compliance with the State and
Federal regulatory requirements (MS4 permit and TMDLs) that the City is subject to. The
Stormwater Upgrade Feasibility Analysis (SUFA) established a procedure by which an existing
site can be evaluated for best practicable on-site treatment of stormwater runoff.
At the time of the adoption of the SUFA, the State had not yet issued the Stormwater General
Permit 3-9050, which establishes technical requirements for expired permit holders, as well as
requirements for properties containing 3 or more acres of impervious surface, and therefore
some assumptions had to be made in the SUFA, based on best available information.
In particular, the SUFA ordinance previously had a deadline of November 15, 2023 to construct
stormwater treatment practices for properties that wanted to roll their expired stormwater permit
into the City’s MS4 permit. This date was selected based on the anticipated deadline that the
State was going to set in their Stormwater General Permit. When the State issued the final
permit, it included an additional 5-year construction period for certain types of projects. For
other projects, the State referred to deadlines set in Flow Restoration Plans. The SUFA
ordinance is revised to match the construction deadline with the State requirements.
Additionally, now that the Stormwater General Permit 3-9050 has laid out a schedule for
properties to obtain valid permit coverage, it is anticipated that there will be an increase in the
number of private property owners looking to work with the City on stormwater improvement
projects. In order to ensure that cost sharing is consistent between projects and to ensure that
there is adequate funding in place, City staff feel that it is important to formalize the City’s cost
sharing policy. A Municipal Cost Sharing section has been added to the Ordinance, proposing
how the City will participate in cost sharing for the design and construction of stormwater
treatment practices, including upgrades to existing stormwater treatment practices, that are
required by the MS4 permit, Flow Restoration Plans, Phosphorus Control Plan, and the State
Stormwater General Permit 3-9050.
The City’s Ordinance has also been updated to require all property owners to go through the
SUFA process if they want to roll their permit into the City’s MS4 permit. Currently, the
Ordinance outlines a variety of different scenarios with different requirements depending on if
a property’s State stormwater permit was valid or expired, where the property was located, and
to what technical standards the treatment practices were built. The Stormwater General Permit
3-9050 also establishes technical requirements for various property owners located within and
outside of stormwater impaired watersheds and within the Lake Champlain basin. In order to
simplify the process and reduce the number of documents that need to be referred to
simultaneously, any differing technical requirements for properties will now be identified in the
SUFA document or the State’s Stormwater General Permit 3-9050, rather than in the
Ordinance. There has also been language added to the ordinance that identifies 5 State
stormwater permits that can be rolled into the City’s MS4 permit without going through the
SUFA process. The City has already worked with these residential neighborhoods in the past,
following a separate Engineering Feasibility Analysis (EFA) which differs from the SUFA
process.
The Stormwater Mitigation Fee structure in the SUFA has also been updated to incentivize
property owners to construct stormwater treatment practices on site. The previous version of
the document included a mitigation fee of $70K per impervious acre. This allowed property
owners to pay the fee in lieu of installing treatment on site. The mitigation fee money would
then be used to construct stormwater treatment practices elsewhere in the City. Rather than
having a flat rate for the mitigation fee, the fee rate has been modified so that it gets reduced
as the amount of treatment provided on site increases. The goal is to incentivize property
owners with difficult sites to install some amount of stormwater treatment on their site, rather
than just paying a fee and having zero treatment. It should be noted that sites identified in Flow
Restoration Plans will still be required to provide a greater level of stormwater treatment, as
outlined in §2.(E) of the SUFA Ordinance.
In 2017, the State updated the Vermont Stormwater Management Manual (VSMM). The
updates included a tiered structure for stormwater treatment practice selection. The SUFA
document has been updated to replace references to the “South Burlington Low Impact
Development Guidance Manual” with references to the tiered system in the VSMM. This
change simplifies the design process by having consistent and non-conflicting design
requirements.
Finally, a handful of minor changes are proposed in both documents. These include corrections
to punctuation, spacing, capitalization of letters, abbreviations, updates to background
language to make the content current, as well as inclusion of an indemnification clause related
to private connection of footing drains to the municipal stormwater system and the removal of
the railroad right-of-way exemption from the stormwater fee.
Recommended Action
I recommend Council review the draft amendments and provide any comments or edits during
the First Reading of this Ordinance Amendment at its June 7, 2021 regular meeting, and,
pursuant to the City’s Charter, warn this for a public hearing and Second Reading at 7:30pm
at the first regular meeting in July for public comment and possible approval.
Motion: Move that the Amendments to the Ordinance Regulating the Use of Public and Private
Sanitary Sewerage and Stormwater Systems and the Stormwater Upgrade Feasibility Analysis
be duly warned for a second reading at Council’s first regular meeting in July at 7:30pm.
If you have any questions, please contact me at dwheeler@sburl.com
Ordinance Regulating the Use of
Public and Private Sanitary Sewerage
and Stormwater Systems
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
2
Table of Contents
ARTICLE I - GENERAL ................................................................................................................................... 44
1.1 Definitions .................................................................................................................................. 44
1.2 Abbreviations .............................................................................................................................. 99
ARTICLE II - SANITARY SEWER SYSTEM ................................................................................................... 1010
2.1 Use of Public Sanitary Sewer System Required ...................................................................... 1010
2.2 Private Sewage Disposal ......................................................................................................... 1010
2.3 Building Sewers and Connections .......................................................................................... 1111
2.4 Prohibited Discharges into the Public Sanitary Sewer System ............................................... 1514
2.5 Protection from Damage ........................................................................................................ 1919
ARTICLE III - CAPACITY ALLOCATION ...................................................................................................... 1919
3.1 Ownership of Capacity............................................................................................................ 1919
3.3 Reserve Capacity Allocation ................................................................................................... 2019
3.4 Preliminary Allocation Determination .................................................................................... 2020
3.5 Final Capacity Allocation......................................................................................................... 2120
3.6 Final Allocation Conditions ..................................................................................................... 2121
ARTICLE IV - SEWAGE DISPOSAL CHARGES, TIME OF PAYMENT THEREOF, AND PENALTIES FOR NON-
PAYMENT ................................................................................................................................................ 2222
4.1 Operation and Maintenance .................................................................................................. 2222
4.2 Sewer Use Rates, Applicability ............................................................................................... 2222
4.3 Annual Charges, Basis ............................................................................................................. 2322
4.4 Capital Costs ........................................................................................................................... 2323
4.5 Collection ................................................................................................................................ 2323
4.6 Sinking Fund/Set-Asides for Major Expenditures ................................................................... 2323
ARTICLE V - STORMWATER SYSTEM ....................................................................................................... 2424
5.1 Purpose ................................................................................................................................... 2424
5.2 Applicability ............................................................................................................................ 2424
5.3 Required Approvals ................................................................................................................ 2424
5.4 Compliance with Existing Permits .......................................................................................... 2524
5.5 Use of the Public Stormwater System: ................................................................................... 2524
5.6 Best Management Practices ................................................................................................... 2625
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
3
5.7 Protection from Damage ........................................................................................................ 2626
ARTICLE VI - STORMWATER SYSTEM USER FEES .................................................................................... 2626
6.1 Establishment of Stormwater User Fees ................................................................................ 2626
6.2 User Fee Credits ...................................................................................................................... 2726
6.3 Establishment of ERUs ............................................................................................................ 2827
6.4 Billing and Collection .............................................................................................................. 2928
6.5 Expenditures ........................................................................................................................... 2929
ARTICLE VII – ACCEPTANCE OR INSPECTION OF REGULATED PRIVATE SYSTEMS .................................. 2929
7.1 Exclusively Residential Regulated Private Systems ................................................................ 2929
7.2 Regulated Private Systems That Are Not Exclusively Residential ........................................... 3231
ARTICLE VIII – MUNICIPAL COST SHARING ............................................................................................. 3533
8.1 Purpose ................................................................................................................................... 3533
8.2 Applicability ............................................................................................................................ 3534
8.3 Municipal Share of Stormwater Project Costs ....................................................................... 3534
ARTICLE IX - INSPECTION AND ENFORCEMENT ...................................................................................... 3736
9.1 Power and Authority of Inspectors ........................................................................................ 3736
9.2 Administrative Enforcement .................................................................................................. 3837
9.3 Judicial Enforcement .............................................................................................................. 3938
9.4 Civil Penalty; Waiver Fee ........................................................................................................ 4038
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
4
The Council of the City of South Burlington hereby ordains:
ARTICLE I - GENERAL
1.1 Definitions
The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to
them in this Section, except where the context clearly indicates a different meaning:
Affordable Housing shall mean either of the following:
(1) Housing that is owned by its inhabitants, whose gross annual household income does not
exceed eighty percent (80%) of the median income for the Burlington-South Burlington
Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and
Urban Development, and the total annual cost of the housing, including principal, interest, taxes
and insurance, is not more than thirty percent (30%) of the household’s gross annual income; or
(2) Housing that is rented by its inhabitants whose gross annual household income does not
exceed eighty percent (80%) of the median income for the Burlington-South Burlington
Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and
Urban Development, and the total annual cost of the housing, including rent, utilities, and
condominium association fees, is not more than thirty percent (30%) of the household’s gross
annual income.
Authorized Person The City Manager, Director of Public Works, Deputy Director of Environmental
Services, Stormwater Superintendent, Wastewater Superintendent and such other persons as they
specifically appoint or authorize to perform duties for the Stormwater Division or Wastewater Division.
Best Management Practices (BMPs) Schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance procedures, and
other management practices to prevent or reduce the discharge of Pollutants directly or indirectly to
the Stormwater System or waters of the State of Vermont or the United States. BMPs also include
treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge
or water disposal, or drainage from raw materials storage.
Biochemical Oxygen Demand (BOD) The quantity of oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory procedure in five (5) days at 20oC expressed in milligrams per
liter.
Building Drain That part of the lowest horizontal piping of a drainage system which receives the
discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to
the Building Sewer. The Building Drain extends five feet beyond the outer face of the building wall.
Building Sewer That part of the sewage system which receives the sewage from the Building Drain and
conveys it to the nearest end of the House Connection unless a House Connection is not available,
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
5
whereby the Building Sewer shall be extended to the nearest available "Y" branch on the Main Sanitary
Sewer.
City Center Sewer Service Area That area of the City shown in Appendix A, City Center Sewer Service
Area, in this Ordinance.
City Center Uncommitted Reserve Capacity shall be established as 150,000 gallons per day upon the
adoption of this amendment, which amount shall be reduced from time to time upon the granting of
final allocations for development within the City Center Sewer Service Area.
City Manager The City Manager of the City of South Burlington, or his authorized deputy, agent, or
representative.
Combined Sewer A sewer receiving both sStormwater runoff and sewage.
Committed Reserve Capacity The total amount of Development Wastewater Flow (gallons per day)
from all projects/buildings for which final allocations have been granted but are not yet discharging to
the SEWER.
Construction Activity shall mean activities including, but not limited to clearing and grubbing, grading,
excavating, and demolition.
Connection Fee A one-time fee imposed on applicants to connect to the municipal sewer system.
Credit An ongoing reduction in the stormwater user fee for certain identified and approved qualifying
and ongoing private actions or activities that reduces the potential impact of increased Stormwater
Discharges that result from development of a property.
Department of Public Works Wastewater Division That City department responsible for construction,
operation and maintenance of the sewage works.
Developed Property Any property that is altered from a natural state by construction or installation of
more than five hundred (500) square feet of Impervious Surface.
Developer Any individual, corporation, association, or other organization engaged in land development
or building construction.
Development Wastewater Flow The flow resulting from full use of the development at its peak
capacity, which flow shall be calculated using flow quantities, adopted as rules by the Vermont
Department of Environmental Conservation, as promulgated at the time a connection permit
application is made.
Discharge Permit A permit issued by the Vermont Department of Environmental Conservation pursuant
to authority granted in 10 V.S.A., Chapter 47, or the U.S. Environmental Protection Agency pursuant to
33 U.S.C. § 1251, et. seq.
Exclusively Residential As used in Article VII of this Ordinance shall mean land development in the City
comprised of properties containing solely residential uses and permitted accessory uses, such as one-
family, two-family and multi-family dwelling units. Land development with commercial, industrial or
other non-residential uses is excluded.
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
6
Garbage Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food,
and from the handling, storage, and sale of produce.
Hazardous Material Any material, including any substance, waste, or combination thereof, which
because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or
significantly contribute to, a substantial present or potential hazard to human health, safety, property,
or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
House Connection That part of the sewage system that runs from the Main Sanitary Sewer to the
property line and includes all necessary fittings.
Impervious Surface Those manmade surfaces, including, but not limited to, paved and unpaved roads,
parking areas, roofs, driveways, sidewalks, walkways, compacted gravel and soil surfaces, storage areas,
and awnings and other permanent fabric or plastic coverings, from which precipitation runs off rather
than infiltrates.
Illicit Discharge Any direct or indirect Non-Stormwater Discharge to the Stormwater System.
Industrial Activity Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26
(b)(14).
Industrial Wastes The liquid wastes from an industrial manufacturing process, trade, or business.
Industrial Wastes do not include sanitary sewage.
Main Sanitary Sewer The sewers laid longitudinally along the center line or other part of the streets or
other rights-of-way and which all owners or abutting properties have equal rights and which is
controlled by public authority.
MS4 Permit The Vermont Agency of Natural Resources’ General Permit #3-9014, as amended or re-
issued, pursuant to which the City obtained coverage for Stormwater discharges from its municipal
separate storm sewer system.
National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit A permit
issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes
the discharge of pollutants to waters of the United States, whether the permit is applicable on an
individual, group, or general area-wide basis.
Natural Outlet Any outlet into a Watercourse, pond, ditch, lake, or other body of surface or
groundwater.
Non Single Family Residence (NSFR) All types of Developed Property in the City except Single Family
Residences.
Non-Stormwater Discharge Any discharge to the Stormwater System that is not composed entirely of
Stormwater or such other waters or materials as are specifically authorized herein. It shall also include
placing or depositing any Hazardous Material or Pollutant in the Stormwater System.
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
7
On-Site Sewage Treatment and Disposal System A septic tank and leaching field system utilizing natural
soil to treat and disperse sewage in such a manner as to protect public health, and both groundwater
and surface water from contamination.
Permitted Wastewater Flow The maximum Plant Wastewater Flow authorized in the Discharge Permit
on an annual average (365 day average) basis, or on the high seasonal use period as defined in the
Discharge Permit.
Person Any individual, firm, company, association, society, corporation, institution, partnership,
governmental entity, group or other entity.
Plant Wastewater Flow The wastewater passing through the treatment plant in gallons per day on an
annual average basis (365 day average) except where flows vary significantly from seasonal
development. In the latter case, Plant Wastewater Flow is determined as the average throughout the
high seasonal use period, as determined by the BOARD.
PLANTS Plants Municipal sewage treatment plants owned by the City of South Burlington.
Private Sewage System or Facilities All facilities for collecting, pumping, treating, and disposing of
sewage that is not under the control of nor operated by the City of South Burlington.
Public Sewage System or Facilities All facilities for collecting, pumping, treating and disposing of sewage
and is controlled and operated by the City of South Burlington.
Public Stormwater System All elements of the Stormwater System located in the City of South
Burlington that are controlled and operated by the City of South Burlington or that carry water that
drains from any public property, including street rights-of-way.
Pollutant Any introduced substance which causes or contributes to pollution. Pollutants may include,
but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous
liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or
abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution;
floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal
coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that
result from constructing a building or structure; and noxious or offensive matter of any kind.
Regulated Private System Those Stormwater Systems located on privately owned property in the City
that are subject to or required to obtain a permit for Stormwater Discharges under federal or state law,
which permits routinely require installation and maintenance of stormwater management or treatment
improvements.
Reserve Capacity The Permitted Wastewater Flow minus the actual Plant Wastewater Flow during the
preceding 12 months.
Sanitary Sewer A sewer which carries sewage and to which storm, surface, and groundwaters are not
intentionally admitted.
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
8
Sewage or Wastewater A combination of the water-carried wastes from residences, business buildings,
institutions, and industrial establishments, together with such ground, surface, and stormwaters as may
be present.
Sewage and Stormwater Commissioners (or “Commissioners", or “Board”) Members of the City Council
acting as a Board of Sewage and Stormwater Commissioners under 24 V.S.A., Section 3614.
Sewage Treatment Plant Any arrangement of devices and structures used for treating sewage.
Sewer A pipe, culvert, ditch, swale or other conduit for carrying sewage or Stormwater.
Sewer Service Area That area of the City that is within 200 feet horizontally from existing municipal
collection lines and manholes, excluding the City Center Sewer Service Area, as shown on the Sewer
Service Area Map, dated January 3, 2001, located in Map 5, Public Utilities #2, of the South Burlington
Comprehensive Plan. The Sewer Service Area may be altered by adoption of an amendment to this
Ordinance. If there is any conflict between the Sewer Service Area shown on the above-referenced map
and the City Center Sewer Service Area, as defined herein, the area included within the City Center
Sewer Service Area shall control.
SEWERS Sewers - The sewage collection and transmission system owned by the City of South Burlington.
Shall is mandatory; "may" is permissive.
Single Family Residence (SFR) Detached single family homes, duplexes, and triplexes.
Slug Any discharge of water, sewage, or Industrial Waste which in concentration of any given
constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes
more than five (5) times the average twenty-four (24) hour concentration or flows during normal
operation.
Storm Drain A sewer intended to carry only Stormwater stormwater and surface waters.
Stormwater Excess water from rainfall and snow melt that does not evaporate or penetrate into the
ground, which flows overland and is collected and transported to waters of the State of Vermont or the
United States by the Stormwater System, together with any material that becomes dissolved or
suspended in such water during its overland flow before entering the Stormwater System.
Stormwater Appeal Board The City Manager, Public Works Director, and a third person appointed by
the City Council.
Stormwater Discharge Any Stormwater that is transported, naturally or otherwise, from a Developed
Property to the Public Stormwater System or to a Watercourse.
Stormwater Services Division That City division within the Department of Public Works responsible for
construction, operation and maintenance of the Public Stormwater System.
Stormwater System Natural and man-made drainage structures, conveyances, Storm Drains, catch
basins, and any other appurtenant device or structure where Stormwater is collected, transported,
pumped, treated, or disposed of.
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
9
Stormwater Superintendent That employee of the City of South Burlington who shall be designated
from time to time by the City Manager to oversee the Stormwater Services Division.
Stormwater Upgrade Feasibility Analysis or SUFA Those standards and procedures, as adopted and
amended by City Council, defining the processes of engineering feasibility analysis for upgrade, repair
and maintenance of Stormwater Systems in the City, which shall be incorporated by reference herein.
Subdivision A tract of land, owned or controlled by a Person as defined herein, which has been
partitioned or is intended to be divided for the purpose of sale or lease into two (2) or more lots. The
dividing of a parcel of land by sale, gift, lease, mortgage foreclosure, court ordered partition or filing of
a plot plan on the towncity records where the act of division creates one or more parcels of land of less
than 10 acres in area, but excluding leases subject to the provisions of Chapter 153 of Title 10 relating
to mobile homes. Subdivision shall be deemed to have occurred on the conveyance of the first lot or
the filing of a plot plan on the towncity records, whichever shall first occur; or the commencement of
building development with intent to subdivide, such that the building development will be located upon
a parcel of land less than 10 acres in size.
Suspended Solids Solids that either float on the surface of, or are in suspension in water, sewage, or
other liquids, and which are removable by laboratory filtering or use of BMPs.
Uncommitted Reserve Capacity That portion of the Reserve Capacity remaining after subtracting the
Development Wastewater Flow of all projects for which a final allocation has been granted but are not
yet discharging to the SEWER and any capacity reserved by the City Council for allocation to
development in the City Center Sewer Service Area.
VSMM The Vermont Stormwater Management Manual, as amended from time to time by the Agency
of Natural Resources, which shall be incorporated by reference herein.
Wastewater Superintendent That employee of the City of South Burlington who shall be designated
from time to time by the City Manager to oversee the Department of Public Works Wastewater Division.
Watercourse A channel in which a flow of water occurs, either continuously or intermittently.
1.2 Abbreviations
ANSI American National Standards Institute.
ASME American Society of Mechanical Engineers.
ASTM American Society for Testing and Materials.
AWWA American Water Works Association.
NPC National Plumbing Code.
CS Commercial Standards.
WPCF Water Pollution Control Federation.
WEF Water Environment Federation.
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pH The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of
solution.
Ppm Parts per million.
mg/l Milligrams per liter.
Degrees F Degrees Fahrenheit.
Degrees C Degrees Centigrade.
cm.Centimeter.
m.Meter.
sq.m. Square meter.
l.Liter.
kg. Kilogram.
ARTICLE II - SANITARY SEWER SYSTEM
2.1 Use of Public Sanitary Sewer System Required
(A) It shall be unlawful for any Person to place, deposit, or permit to be deposited on public or private
property within the City of South Burlington, or in any area under the jurisdiction of said City, any human or
animal excrement, garbage, or other objectionable waste.
(B) It shall be unlawful to discharge to any Natural Outlet within the City of South Burlington, or in any
area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable
treatment has been provided in accordance with provisions of this Ordinance.
(C) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault,
septic tank, cesspool, leach field or other facility intended or used for the disposal of sewage.
(D) The owners of all houses, buildings, or properties used for human occupancy, employment,
recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in
which there is located a public sanitary or Combined Sewer of the City, is hereby required at his expense to
install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in
accordance with the provisions of this Ordinance, within one hundred and eighty (180) days after date of
official notice to do so, unless specifically exempted from this provision by the City Council.
2.2 Private Sewage Disposal
(A) Where a public sanitary or combined sewer is not available under the provisions of Section 2.1,
paragraph (D), the Building Sewer shall be connected to a Private Sewage System complying with the
provisions of this Section 2.2
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(B) Before commencement of construction of a Private Sewage System the owner shall first obtain a
written permit signed by the City Manager. The application for such permit shall be made on a form
furnished by the City, which the applicant shall supplement by any plans, specifications, and other
information as are deemed necessary by the City Manager. A permit and inspection fee of $25.00 shall be
paid to the City at the time the application is filed.
(C) A permit for a Private Sewage System shall not become effective until the installation is completed
to the satisfaction of the City Manager. He shall be allowed to inspect the work at any stage of construction
and, in any event, the applicant for the permit shall notify the City Manager when the work is ready for final
inspection and before any underground portions are covered. The inspection shall be made within 24 hours
of the receipt of notice by the City Manager, excluding Saturday, Sunday, and holidays.
(D) The type, capacities, location, and layout of a Private Sewage System shall comply with all
recommendations of the Vermont Health Regulations, Chapter 5, Sanitary Engineering, Sub Chapter 10
Wastewater Treatment and Disposal, Individual on-site systems. No septic tank or cesspool shall be
permitted to discharge to any Natural Outlet. Amended 5/5/92.
(E) At such time as a public sewer becomes available to a property served by a Private Sewage System,
as provided in Section 2.1, paragraph (D), a direct connection shall be made to the public sewer in
compliance with this Ordinance, and any septic tanks, cesspools, and similar private sewage thoroughly and
properly cleaned, disinfected, and filled in or removed according to good sanitation practice and under the
inspection and direction of the City Manager or his representative.
(F) The owner shall operate and maintain the Private Sewage Facilities in a sanitary manner at all times,
at no expense to the City.
(G) No statement contained in this Section 2.1 shall be construed to interfere with any additional
requirements that may be imposed by the City of South Burlington Health Officer.
2.3 Building Sewers and Connections
(A) No unauthorized Person shall uncover, make any connections with or opening into, use, alter, or
disturb any public sewer or appurtenance thereof without first obtaining a written permit from the
Wastewater Superintendent. Any Person proposing a new discharge into the system or a substantial change
in the volume or character of Pollutants that are being discharged into the system, shall notify the
Wastewater Superintendent at least 45 days prior to the proposed change or connection. No such change
or connection shall be made without written approval from the Wastewater Superintendent, issued in
accordance with Article III of this Ordinance.
(B) There shall be three (3) classes of Building Sewer permits: (i) for residential, (ii) for commercial
service, and (iii) for service to establishments producing Industrial Wastes. In each case, the owner or the
owner’s agent shall make application on a form furnished by the City. The permit application shall be
supplemented by any plans, specifications, or other information considered pertinent in the judgment of
the Wastewater Superintendent. The City Council may establish fees for review and issuance of permits
and approvals, inspections and connections.
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(C) All costs and expense incident to the installation, connection, maintenance and repair of the
Building Sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage
that may directly or indirectly be occasioned by the installation, connection, maintenance, and repair of the
Building Sewer.
(D) A separate and independent Building Sewer shall be provided for every building; except where one
building stands at the rear of another or on an interior lot and no private sewer is available or can be
constructed to the rear building through an adjoining alley, court, yard, or driveway, in which case the
Building Sewer from the front building may be extended to the rear building and the whole considered as
one Building Sewer. Use of private sewers which accept and convey flow from more than one building may
not be used except when found, on examination and test by the City, to be in satisfactory condition and
meeting all requirements of this Ordinance. The burden of proof and all expenses incurred by the City to
determine the condition and adequacy of the private sewer shall be borne by the Owner of said private
sewer.
(E) The City may require the Owner of a project or Developer to install a water meter so recorded flow
can be used to determine the yearly wastewater charge. Water saving fixtures or equalization tanks may
be required by the City for projects/buildings and developments connecting to the sewer system.
(F) Old Building Sewers may be used in connection with new buildings only when they are found, on
examination and test by the Wastewater Superintendent, to meet all requirements of this Ordinance.
(G) The size, slope, location, alignment, materials of construction, of a Building Sewer, and the methods
to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to
the requirements of the building and plumbing code or other applicable rules and regulations of the City
and shall also conform to the rules and requirements of the Wastewater Division and the State of Vermont.
In the absence of code provisions or in amplification thereof, the materials and procedures set forth in
appropriate specifications of the ASTM and the latest edition of the WPCF Manual of Practice No. 9 shall
apply.
(H) Whenever possible, the Building Sewer shall be brought to the building at an elevation below the
basement floor. No Building Sewer shall be laid parallel to or within three (3) feet (91.4 cm) of any bearing
wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The
Building Sewer shall be laid at uniform grade in the direction from the main sewer to the building and in a
straight alignment insofar as possible. Change in direction shall be made only with properly curved pipe
and fittings with suitable clean-outs or flush holes as described in paragraph (R) of this Section. In all
buildings in which any Building Drain is too low to permit gravity flow to the public sewer, sanitary sewage
to be carried by such sewer shall be lifted by an approved artificial means and discharged to the Building
Sewer. Such lifting devices shall be located outside the building foundation and have no access or
ventilation through the building.
(I) No Person shall make connection of roof downspouts, exterior and interior foundation drains,
areaway drains, basement sumps or other sources of surface runoff or groundwater to a Building Sewer or
Building Drain which in turn is connected directly or indirectly to a public Sanitary Sewer. All such
connections which exist shall be disconnected by the owner, at his expense within thirty (30) days upon
receipt of notification by the City.
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(J) The connection of the Building Sewer into the public sewer shall conform to the requirements of
the building and plumbing code or other applicable rules and regulations of the City and the State of
Vermont, and shall also conform to the rules and requirements of the Wastewater Division, or the
procedures set forth in appropriate specifications of the ASTM and the latest edition of the WPCF Manual
of Practice No. 9. All such connections shall be made gas tight and water tight. Any deviation from the
prescribed procedures and materials must be approved by the Wastewater Superintendent before
installation.
(K) Prior to any connection to the House Connection "Y" or to the main sewer, the City shall be given
two working days notice in order that they may supervise such work. If the City has not been properly
notified, they may require the completed work to be uncovered for examination, at the owner's expense.
(L) The diameter of the Building Sewer shall not be less than four (4) inches (10.2 cm). The Building
Sewer shall be laid on a uniform grade, wherever practicable, in a straight alignment, of at least one-fourth
(1/4) of an inch per foot (2%). Where, in special cases, a minimum grade of one-fourth (1/4) inch per foot
cannot be maintained, a grade of one-eighth (1/8) inch per foot (1%) may be permitted, but only after the
City gives their written approval for the specific connection.
(M) When installing the Building Sewer, the trenches shall be dug in a careful manner and properly
sheathed where required. The excavated materials shall be placed in a separate pile from road materials
and shall be piled in a compact heap so placed as to cause the least possible inconvenience to the public.
Proper barricades and lights must be maintained around the trench to guard against accidents.
(N) In backfilling, the material under, around and for two (2) feet (61 cm) immediately over the pipe
shall be selected so it contains no stones capable of damaging the installation. This must be carefully
tamped, the balance of the trench to be backfilled in a workmanlike manner, tamping and filling in eight (8)
inch (20.3 cm) layers so as to avoid excessive settlement. When the trench has been filled to the proper
height, the road material is to be replaced and heavily tamped or rolled.
(O) Where the trench is excavated in rock, the rock must be carefully excavated to a depth of six (6)
inches (15.2 cm) below the bottom of the sewer and the trench brought to the proper elevation with gravel
or other material satisfactory to the City. The remainder of the trench must be backfilled with suitable
material as described in paragraph (N) of this Section.
(P) Where subsurface-soil conditions warrant, special precautions must be taken as may be directed by
the City. In quicksand, all pipes must be laid out on pressure treated planking two (2) inches (5.1 cm) thick
by at least six (6) inches (15.2 cm) wide.
(Q) The connection of the Building Sewer to the main sewer shall be made at the house connection at
the property line or, if no House Connection exists, connection shall be made at the nearest available "Y"
connection on the main sewer. The City will designate the position of the end of the House Connection at
the property line or the "Y" connection on the main sewer, whichever is appropriate. If it becomes
necessary to cut into the main sewer, when no other source of connection is available, then such connection
shall be made as directed by and under the supervision of the City. The dead-ends of all pipes not
immediately connected with the house plumbing system must be securely closed by a water-tight cover of
imperishable material and properly marked and located.
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(R) The use of clean-outs on the Building Sewer shall be made by installing a "Y" and one-eighth (1/8)
bends. The clean-outs shall ordinarily be installed at the point of connection between the Building Sewer
and the outside part of the house plumbing system, at all curves on the Building Sewer and on the straight
part of the house sewer to the main sewer. The clean-out shall be brought up from the Building Sewer to
four (4) inches (10.2 cm) below ground level and properly capped. Locations of all clean-outs shall be
recorded and turned over to the City. Where the distance from the building to the point of connection at
the main sewer is less than fifty (50) feet (15.2 m), at least one (1) clean-out twenty (20) feet (6.1 m) from
the house shall be provided. Clean-outs shall be of the same diameter as the Building Sewer.
(S) Before any portion of an existing Building Sewer or the house plumbing system outside of the
building is connected to the main sewer, the owner shall prove, to the satisfaction of the City, that it is clean
and conforms in every respect to this Ordinance and all joints are gas tight and water tight.
(T) Where pipe is installed for Building Sewers, such work shall be performed by a licensed plumber.
(U) The City shall apply appropriate tests to the pipes. The plumber and contractor, at their own
expense, shall furnish all necessary tools, labor, materials and assistance for such tests and shall remove or
repair any defective materials when so ordered by the City.
(V) Any Person performing work on public property for the purpose of installing a Building Sewer shall
file with the City evidence of adequate insurance coverage for liability and property damage. Minimum
amounts of coverage will be established by the City and posted in the City Clerk's Office.
(W) All work shall be adequately guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, curbs, and other public property disturbed in the course of the work shall be
restored in a manner satisfactory to the City and other authorities having jurisdiction.
(X) The Contractor shall not block any driveway, street or road at any time without permission of the
City and other controlling agencies. Every effort shall be made to permit the movement of vehicular traffic
at all times. Whenever it becomes necessary to cross or interfere with roads, walks or drives, whether
public or private, the Contractor shall maintain, at his own expense and subject to the approval of the City,
safe bridges or other means of egress.
(Y) Maintenance of all Private Sewage Disposal Facilities including, but not limited to, (1) house
plumbing systems, (2) Building Sewers to the main sewer, (3) House Connections, (4) sewers and (5)
appurtenances shall be the responsibility of the owner, at his or her expense. The owner shall be solely
responsible for continually maintaining such facilities in satisfactory operating condition. Maintenance shall
include, but not be limited to, (1) maintaining flow, (2) clearing obstructions, (3) maintaining all joints gas
and water-tight, (4) repair or replace collapsed, deteriorated or defective materials, and (5) all other work
which is necessary and essential to maintaining proper operation and preserving the structural integrity and
water-tightness of the system.
(Z) The owner is obligated by sewer and any other permits to construct the
project/building/development to meet all specifications for which the permits/approvals were issued. The
building inspector or some Authorized Person will inspect existing buildings and construction sites from time
to time during each construction phase to assure permit specifications are being met. A final inspection
shall be made prior to the connection from the building to the main sewer line by the City.
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2.4 Prohibited Discharges into the Public Sanitary Sewer System
(A) No Person shall discharge or cause to be discharged any Stormwater, surface water, groundwater,
roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to
any Sanitary Sewer.
(B) No Person shall discharge or cause to be discharged any of the following described waters or wastes
to any public Sanitary Sewers:
(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity,
either singly or by interaction with other wastes, to injure or interfere with any sewage treatment
process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the
receiving waters of the sewage treatment plant.
(3) Any waters or wastes having a pH lower than 5.5, or higher than 9.5 or having any other
corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the
Public Sewage Facilities.
(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the
flow in sewers, or other interference with the proper operation of the Public Sewage Facilities such as,
but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes,
cups, milk containers, etc. either whole or ground by garbage grinders.
(C) No Person shall discharge or cause to be discharged the following described substances, materials,
waters, or wastes if it appears likely in the opinion of the Wastewater Superintendent that such wastes can
harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving
stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his
opinion as to the acceptability of these wastes, the Wastewater Superintendent will give consideration to
such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials
of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment
plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The
substances prohibited are:
(1) Any liquid or vapor having a temperature higher than one hundred fifty (150)oF (65oC).
(2) Any water or wastes containing fats, wax grease, or oils, whether emulsified or not, in excess of
one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures
between thirty-two (32) and one hundred fifty (150)oF and (0 and 65oC).
(3) Any garbage that has not been properly shredded. As used herein “properly shredded” means
that the wastes from the preparation, cooking, and dispensing of food that have been shredded to such
a degree that all particles will be carried freely under the flow conditions normally prevailing in public
sewers, with no particle greater than one-half (½) inch (1.27 centimeters) in any dimension. The
installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4)
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horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Wastewater
Superintendent.
(4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating
solutions whether neutralized or not.
(5) Any waters or wastes containing settleable solids, iron, chromium, copper, zinc, and similar
objectionable or toxic substances; or wastes exerting an excessive chlorine demand, exerting an
unusual chemical oxygen demand or containing any other material or constituent in concentrations
which exceed the limits established by the Wastewater Superintendent for such materials.
(6) Any waters or wastes containing phenols or other taste-or-odor-producing substances, in such
concentrations exceeding limits which may be established by the Wastewater Superintendent as
necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal,
and other public agencies of jurisdiction for such discharge to the receiving waters.
(7) Any radioactive wastes or isotopes of such half-life, or concentration as may exceed limits
established by the Wastewater Superintendent in compliance with applicable State or Federal
regulations.
(8) Any chemicals or chemical compounds of the following nature or characteristics or having
similarly objectionable characteristics: alcohols, arsenic and arsenicals, phenols or cresols,
formaldehydes, iodine, manganese, cyanide, heavy metals and other metal finishing or plant wastes,
acid pickling waste, mercury and mercurials, silver and silver compounds, sulfonamides, toxic dyes
(organic or mineral), zinc, all strong oxidizing agents such as chromates, dichromates, permanganates,
peroxide and the like, compounds producing hydrogen sulfide, or any other toxic, inflammable or
explosive gases, either upon acidification, alkalization, oxidation or reduction, strong reducing agents
such as nitrites, sulphides, sulphites, and the like, radioactive materials or isotopes, whether neutralized
or not.
(9) Materials which exert or cause:
(a) Unusual concentrations of inert Suspended Solids (such as, but not limited to, Fullers earth,
lime slurries, and lime residues) or of the dissolved solids (such as, but not limited to, sodium
chloride and sodium sulfate).
(b) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning
solutions).
(c) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to
constitute a significant load on the sewage treatment works which may cause the effluent
limitations of the Discharge Permit to be exceeded.
(d) Unusual volume of flow or concentration of wastes constituting a Slug as defined herein.
(10) Waters or wastes containing substances which are not amenable to treatment or reduction by
the sewage treatment processes employed, or are amenable to treatment only to such degree that the
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sewage treatment plant effluent cannot meet the requirements of its Discharge Permits or of other
agencies having jurisdiction over discharge to the receiving waters.
(11) Any waters or wastes containing Suspended Solids of such character and quantity that unusual
attention or expense is required to handle such materials at the wastewater treatment plant.
(12) Any noxious or malodorous gas or substance capable of creating a public nuisance.
(13) Any waters or wastes if it appears likely, in the opinion of the Wastewater Superintendent, that
such waste can harm either the sewers, treatment plant process or equipment, would have an adverse
effect on waters of the State of Vermont or the United States, or could otherwise endanger human or
animal life, limb, public property or constitute a nuisance.
(D) The admission into the public Sanitary Sewers of any waters or wastes having (a) a five (5) day BOD
greater than 400 mg/l or (b) containing more than 400 mg/l of Suspended Solids or (c) containing any
quantity of substances having the characteristics described in paragraph (C) and (D) above, having an
average daily flow greater than two percent (2%) of the average daily sewage flow received at the sewage
treatment plant shall be subject to the review and approval of the Wastewater Superintendent. The
Wastewater Superintendent may:
(1) Reject the wastes, or,
(2) Require control over the quantities and rates of discharge, or
(3) Require payment to the City to cover the added cost of handling, treating and disposing of the
wastes not covered by sewer charges established under the provisions of Article IV of this Ordinance,
or
(4) Require pretreatment to an acceptable condition for discharge to the public sewers, or
(5) Require any combination of the foregoing.
If the City Manager permits the pretreatment or equalization of waste flows, the design, plans,
specifications and any other pertinent information relating to proposed equipment and facilities
shall be submitted for the approval of the City Manager and the Agency of Natural Resources and
no construction of such facilities shall be commenced until said approvals are obtained in writing.
Further, such pretreatment facilities must be consistent with the requirements of any state
pretreatment permit issued to the industry.
(E) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Wastewater
Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive
amounts, or any flammable wastes, sand, and or other harmful ingredients. Such interceptors shall not be
required for private living quarters. All interceptors shall be of a type and capacity approved by the
Wastewater Superintendent, and shall be located as to be readily and easily accessible for cleaning and
inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at
their expense.
(F) The user shall maintain records (which are subject to review by the Wastewater Superintendent) of
the dates and means of disposal of accumulated interceptor wastes. Any removal and hauling of the
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collected materials not performed by the user’s personnel must be performed by currently licensed waste
disposal firms
(G) To facilitate compliance with this Section, the user shall apply for a permit and furnish as part of the
permit application a plan and description of the device. Where grease, oil or sand interceptors or similar
appurtenances are involved, approval must be granted from both the Wastewater Superintendent and the
Public Works Director.
(H) Grease and oil interceptors shall be constructed of impervious materials capable of withstanding
abrupt and extreme changes in temperature. They shall be of substantial construction and equipped with
easily removable covers which, when bolted in place, shall be gas-tight and water-tight.
(I) Where installed, all grease, oil, hair, and sand interceptors shall be maintained by the owner, at
his/her expense, in continuously efficient operation at all time. Materials collected shall not be introduced
into the Public Sewage System.
(J) Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes,
they shall be maintained continuously in satisfactory and effective operation by the owner at his/her
expense.
(K) All industries discharging into a public sewer shall perform such monitoring of their discharges as
the Wastewater Superintendent may reasonably require, including installation, use, and maintenance of
monitoring equipment, keeping records and reporting the results of such monitoring to the Wastewater
Superintendent. Where industrial pretreatment permits are issued by the State of Vermont, monitoring
records must also be submitted to the appropriate agency in accord with such permit. Such records shall
be made available upon request by the Wastewater Superintendent to the State agency or to other agencies
having jurisdiction over discharges to the receiving waters. Records of any monitoring will be supplied by
the Wastewater Superintendent to the Vermont Secretary of the Agency of Natural Resources on request.
(L) All measurements, tests, and analyses of the characteristics of waters and wastes to which
reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard
Methods for the Examination of Water and Wastewater," published by the American Public Health
Association, and shall be determined at the control manhole provided, or upon suitable samples taken at
said control manhole. In the event that no special manhole has been required, the control manhole shall
be considered to be the nearest downstream manhole in the public sewer to the point at which the Building
Sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of
constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.
The particular analyses involved will determine whether a twenty-four (24) hour flow composite of all
outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but
not always, BOD and Suspended Solids analyses are obtained from 24-hr proportioned composites of all
outfalls whereas pH's are determined from periodic grab samples.
(M) Any industry held in violation of the provisions of this Ordinance may have its disposal authorization
terminated.
(N) When required by the Wastewater Superintendent, the Owner of any property served by a Building
Sewer carrying Industrial Wastes shall install a suitably controlled manhole in the Building Sewer to facilitate
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observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible
and safely located and shall be constructed in accordance with plans approved by the Wastewater
Superintendent. The manhole shall be installed by the Owner, at his/her expense, and shall be maintained
by the owner so as to be safe and accessible at all times.
(O) Scavenger waste consists of septage, sludge or other forms of waste brought to the wastewater
facility for treatment and disposal. The waste must meet all article II requirements.
(1) The discharge of scavenger wastes at designated septage receiving areas at the City’s
wastewater treatment facilities may be permitted. The discharge of scavenger wastes from sources
outside of the City may be permitted with approval of the Wastewater Superintendent of Wastewater
Division.
(2) There will be a fee charged each time a load of scavenger waste is discharged at the City’s
wastewater treatment facilities. Such fee will be determined by the City Council and will be based upon
the quantity and quality of the discharged waste.
(P) No statement in this Ordinance shall be construed as preventing any special agreement or
arrangement between the City and any industrial concern whereby an Industrial Waste of unusual strength
or character may be accepted by the City for treatment, subject to payment therefore, by the industrial
concern, provided that such agreements do not contravene any requirements of existing Federal laws and
are compatible with any user charge and industrial cost recovery system in effect.
2.5 Protection from Damage
No Person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with
any structure, appurtenance, or equipment which is a part of the public sanitary sewage system. Any Person
violating this provision shall be subject to immediate arrest under the charge of unlawful mischief as set
forth in Title 13, Section 3701 of the Vermont Statutes Annotated.
ARTICLE III - CAPACITY ALLOCATION
3.1 Ownership of Capacity
(A) The City of South Burlington owns and operates sewage treatment and disposal plants (PLANTS)
and a sewage collection and transmission system (SEWERS) as defined in 24 V.S.A., Section 3501(6) and
3601. The PLANTS have a permitted capacity, and are operated in accord with discharge permits issued by
the Vermont Department of Environmental Conservation under authority granted in 10 V.S.A., Chapter 47.
The City is obligated by law to comply with conditions of those permits, and to operate and manage the
PLANTS and SEWERS as governmental functions under and pursuant to 24 V.S.A., Chapters 97 and 101.
(B) The permitted capacity of the PLANTS and SEWERS is the property of the City of South Burlington.
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3.3 Reserve Capacity Allocation
(A) Determination of Amount of Allocation. All allocations to projects shall be based on the
Development Wastewater Flow. Any differential between actual flows and Development Wastewater Flows
that occurs is not available to the development owner for reallotment to another project or a project
expansion.
(B) Application Process. Persons seeking an allocation of Uncommitted Reserve Capacity or City Center
Uncommitted Reserve Capacity of the PLANTS and SEWERS, shall apply to the Wastewater Superintendent
for a preliminary allocation on a form prescribed by the Wastewater Division. Such application shall:
(1) Be accompanied by a calculation of the Development Wastewater Flow to be generated by the
project/development;
(2) Include calculations for the volume, flow rate, strength and any other characteristics
determined appropriate by the Wastewater Superintendent;
(3) Unless waived by the Wastewater Superintendent all calculations required in (1) and (2) above
for developments generating over 1000 gpd shall be certified by a Vermont registered engineer.
3.4 Preliminary Allocation Determination
(A) Upon receipt of the application for capacity allocation and supportive documents, the Director of
Public Works shall make a preliminary determination regarding allocation of Uncommitted Reserve Capacity
or City Center Uncommitted Reserve Capacity. The Director of Public Works shall award a preliminary
allocation upon making affirmative findings that:
(1) The proposed wastewater is of domestic, sanitary origin or, the proposed wastewater is not of
domestic sanitary origin and that sufficient evidence has been presented by the applicant to
demonstrate that the flow and character of the wastewater is compatible with the proper operation of
the PLANTS and SEWERS and that the proposed wastewater will not alone or in combination with other
wastes cause a violation of the discharge permit, pass through the PLANTS without treatment, interfere
with or otherwise disrupt the proper quality and disposal of PLANT sludge or be injurious in any other
manner to the PLANT or SEWERS and that there is sufficient Uncommitted Reserve Capacity to
accommodate the strength and volume of the proposed development;
(2) There is sufficient Uncommitted Reserve Capacity or City Center Uncommitted Reserve Capacity
as of the date of the application to accommodate the Development Wastewater Flow of the proposed
development.
(B) A preliminary determination by the Director of Public Works allocating capacity shall not constitute
a binding commitment of capacity to the applicant and may be revoked by the Director of Public Works
before a final allocation of capacity is granted if Uncommitted Reserve Capacity ceases to be available. A
preliminary determination may be used by an applicant as evidence that a proposed development has
sufficient sewer capacity available.
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3.5 Final Capacity Allocation
(A) An applicant who holds a preliminary allocation of capacity granted pursuant to Section 3.4 above,
may apply for a final allocation upon occurrence of the following:
(1) Obtained site plan, conditional use and/or variance approval(s), if such approvals are the only
approvals, except a zoning permit, required for the proposed development under City zoning and
subdivision regulations then in effect; or
(2) Obtained final approval for a Subdivision, PUD or PRD if such approvals are the only approvals,
except a zoning permit, required for the proposed development under City zoning and subdivision
regulations then in effect; or
(3) Obtained all approvals required under sub-paragraphs (1) and (2) above, if such approvals are
required for the proposed development under City zoning and subdivision regulations then in effect; or
(4) Obtained a zoning permit if that is the only approval required under City zoning and subdivision
regulations then in effect; or
(5) Does not require any approvals under City zoning and subdivision regulations then in effect.
(B) Upon receipt of an application for final allocation, the Director of Public Works shall grant a final
allocation upon determination that the applicant has a preliminary allocation which has not been revoked
and that sufficient Uncommitted Reserve Capacity is available for the development.
(C) A grant of final allocation shall constitute a binding commitment of sewer capacity to the applicant
subject to applicant’s compliance with all conditions imposed on such allocation.
3.6 Final Allocation Conditions
(A) A final allocation shall specify the allowed volume, flow rate, strength frequency and any other
characteristics of the proposed discharge determined appropriate by the Director of Public Works.
(B) The capacity allocation is not transferable to any other Person or development, except a successor
in interest of the development for which the allocation has been granted.
(C) The construction of the connection and, if necessary, the municipal SEWER extension, must be
overseen to assure compliance with the plans and specifications and good construction practice in a manner
acceptable to the City.
(D) A final capacity allocation shall expire on the first to occur of the following events unless prior to
such date the development for which the allocation has been granted has commenced discharging into the
SEWER:
(1) the date that any approval required for grant of the final allocation, as identified in Section 3.5
above, expires, unless prior to such date the applicant has applied for any required zoning permit(s) to
construct the development;
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(2) the date that any zoning permit authorizing construction of improvements for which the
allocation has been granted expires;
(3) ten (10) years from the date the final allocation is granted, for any development that requires
any approval under the City zoning or subdivision regulations, or two (2) years from the date the final
allocation is granted, for any development that does not require approval under the City zoning or
subdivision regulations.
(E) An Applicant for development involving a single use or unit shall pay one hundred (100%) percent
of all Connection Fees prior to grant of a final allocation. If the development involves multiple uses and/or
units that will connect to the SEWER, the applicant shall pay fifty (50%) of all Connection Fees prior to grant
of final allocation and the remaining fifty percent (50%) will be prorated based on the development flow for
each use or unit. The prorated payment for a use or unit shall be payable upon issuance of a zoning permit
for construction of improvements for the use or unit. If the development is an Affordable Housing project,
one hundred percent (100%) of all Connection Fees will be prorated based on the number of uses and/or
units. The prorated portion for a use or unit shall be payable upon issuance of a zoning permit for
construction of improvements for the use or unit. If the development does not require issuance of a zoning
permit, applicant shall pay one hundred percent (100%) of all Connection Fees prior to grant of a final
allocation.
ARTICLE IV - SEWAGE DISPOSAL CHARGES, TIME OF PAYMENT THEREOF, AND
PENALTIES FOR NON-PAYMENT
4.1 Operation and Maintenance
An annual charge, which shall be determined by the City Council, is hereby imposed upon every Person
having a building or structure on their premises and who are served by the municipal Public Sewage System
where sewage may be collected for the use of the premises by the owners, or other users of real property
within the City of South Burlington. The annual charge shall be for the purpose of the payment associated
with the costs or operating, maintaining and repairing said system. The City Council may establish annual
charges separately for bond payments, for fixed operating and maintenance costs not dependent on actual
or estimated use and for variable operations and maintenance costs dependent on actual or estimated use.
The charges and/or connector fees shall be set by resolution of the City Council.
4.2 Sewer Use Rates, Applicability
The sewer use rates established in Section 4.1 and defined hereinafter shall be charged whether or not the
property is occupied, when the property is connected to the Public Sewage System by the necessary Building
Sewer as required under the terms of this ORDINANCE. The rate structure shall incorporate the
requirements of 40 CFR, §35.935-13 or §35.2140, as applicable.
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4.3 Annual Charges, Basis
The annual charges stipulated in Section 4.1 shall be based upon a water meter measurement. The City
Council will determine the actual charge from measurements of each user so as to yield charges which are
approximately in proportion to the strength and quantity of waste discharged. If the City Council establishes
annual charges separately for bond repayment and fixed operations and maintenance costs, no user will be
billed less than the average single family charge for the fixed charges, plus flow related charges.
4.4 Capital Costs
The design, construction and development costs of all Public Sewage System expansions and extensions
which have been approved by the Development Review Board shall be borne by the Developers and
property owners requiring, requesting or directly benefitting from such extensions and/or expansions,
unless alternative funding method is approved by the City Council.
4.5 Collection
Collection of the delinquent sewer use rates may be enforced by the City pursuant to 24 V.S.A., Chapter
129; 24 V.S.A., Section 3612; and 24 V.S.A., Section 3615. In the event any sewer rent is not paid within
thirty (30) days from the billing date, a late penalty charge will be added to the sewer rent together with
interest charges. The amount of the late penalty charge and the interest rate on the overdue accounts shall
be the same as those applied to delinquent taxes. If such payment is not made, such sewer rent shall be a
lien upon such real estate and shall be collected according to the procedures allowed for in 24 V.S.A. §§
3504 and 3612. Any payment made to the City for utility fees shall first be allocated to delinquent water,
then delinquent sewer, then delinquent stormwater fees. The remaining amount of the payment shall first
be allocated to current water, then current sewer, then current stormwater fees.
4.6 Sinking Fund/Set-Asides for Major Expenditures
The following provides for and restricts the use of set-aside (sinking) funds to finance future major
maintenance/replacement costs and plant expansion costs.
(A) A separate sinking fund may be utilized for major maintenance/ replacement expenditures and for
expansion/upgrading expenses associated with the wastewater facility in the City of South Burlington.
Sinking fund establishment for maintenance/ replacement expenditures shall be through written policy of
the City. Any sinking fund policy shall contain at least the following in writing: major maintenance/
replacement identification, estimated expenditures, estimated year of expenditure, payment amount, type
of account used to accumulate sinking fund assets, source of funding and when payments are to stop. All
sinking funds shall be established and maintained in accord with 24 V.S.A., Section 3616.
(B) City reserves the right to increase, decrease, stop and/or maintain regular deposits to a sinking fund
not exceeding 15% of the normal total budgeted expenses for maintenance/ replacement in that year. The
fees charged for expansion cost shall be deposited into a separate account and a record shall be kept to
show payment date, person making payment and payment amount. The City Council holding office have
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the authority to withdraw sinking fund amounts only for the purpose of paying for major expenditures/plant
expansion for which the fund was established.
(C) sinking fund assets are not disbursed fully for major maintenance/replacement expenditures and/or
plant expansion, excess money shall remain in the sinking fund for future related expenditures similar in
nature. Revenues established for plant expansion dedicated funds may be generated from
connection/impact fees paid by prospective users to defray and pay expansion costs. This fund shall not
exceed the estimated future expansion cost for the wastewater treatment facility. When the City so votes,
the expansion/upgrade sinking fund may be used to finance major maintenance/replacement expenditures,
but under no circumstances shall the major maintenance replacement sinking fund be used to finance
wastewater expansion/upgrade expenses.
ARTICLE V - STORMWATER SYSTEM
5.1 Purpose
The purpose of this Article is to provide for the health, safety, and general welfare of the citizens of South
Burlington through the regulation of Stormwater Discharges to the Stormwater System.
5.2 Applicability
Any discharge of Stormwater from Developed Property in the City shall be subject to the provisions of this
Article.
5.3 Required Approvals
(A) No owner of Developed Property in the City shall change or alter, or allow to be changed or altered,
the discharge of Stormwater from such property occurring on the effective date of this Article without first
obtaining any permit or approval required under this or any other City Ordinance, state law, or federal law.
As used herein, change or alter shall mean an act done which will result in a direct or indirect impact on the
contribution of Stormwater into the Public Stormwater System.
(B) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or
disturb any public Storm Drain or appurtenance thereof without first obtaining a written permit from the
Stormwater Superintendent. The owner shall indemnify the City for any loss or damage directly or indirectly
occasioned by the construction or installation of the private drain or storm sewer system, including damages
from back flow from the municipal storm sewer system.
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5.4 Compliance with Existing Permits
It shall be a violation of this Article for any owner of Developed Property that is subject to any local, state,
or federal permit requirements regarding the discharge of Stormwater to fail to comply with such permit
requirements.
5.5 Use of the Public Stormwater System:
(A) The following may be discharged into the Public Stormwater System, subject to obtaining and
complying with any required permit:
(1) Stormwater;
(2) Drinking wWater line flushings;, lLandscape irrigation or lawn watering, provided all pesticides,
herbicides, and fertilizers have been applied in accordance with the approved labeling; diverted stream
flows;, rising ground water;, uncontaminated ground water infiltration to Storm Drains;,
uncontaminated pumped ground water;, discharges from potable water sources;, foundation or footing
drains where flows are not contaminated with process materials, and to which there are no floor drain,
septic wastewater, or grey water connections; uncontaminated condensate from air conditioners,
coolers/chillers, and other compressors and from the outside storage of refrigerated gasses or liquids;
(not including active groundwater dewatering systems), uncontaminated water from crawl spaces
pumps,; air conditioning condensation, irrigation water;, spring waters;, natural flows from riparian
habitats or and wetlands flows;, swimming pools (if dechlorinated - typically less than one PPM
chlorine);, discharges from emergency / unplanned fire fightingfire-fighting activities;, fire hydrant
flushing,; pavement and external building wash waters to which no detergents or other chemicals have
been added;, incidental windblown mists;, and any other water source not containing Pollutants;
(3) Discharges specified in writing by an the authorized Authorized enforcement agent Person as
being necessary to protect public health and safety;
(4) Dye testing is an allowable discharge, but requires a verbal notification to the authorized
enforcement agent prior to the time of the test;
(5) Any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge
order issued to the discharger and administered under the authority of the United States Environmental
Protection Agency, provided that the discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations, and provided that written approval has been
granted for any discharge to the Storm Drain system.
(B) It shall be a violation of this Ordinance for any Person to cause or allow to occur any Illicit Discharge
to the Public Stormwater System or allow any Illicit Discharge existing on the date this Article becomes
effective to continue regardless of whether such existing discharge was permissible under law or practices
applicable or prevailing at the time the discharge commenced.
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5.6 Best Management Practices
(A) The Stormwater Superintendent will adopt requirements identifying Best Management Practices
(BMPs) for any activity, operation, or facility which may cause or contribute to an Illicit Discharge to the
Stormwater System. The owner or operator of a commercial or industrial establishment shall provide, at
their own expense, reasonable protection from an accidental Illicit Discharge into the Public Stormwater
System. Further, any Person responsible for a property or premises, which is, or may be, the source of an
Illicit Discharge to the Public Stormwater System, may be required to implement, at said Person's expense,
additional BMPs to prevent or discontinue the Illicit Discharge. Compliance with all terms and conditions of
a valid NPDES permit authorizing the discharge of Stormwater associated with Industrial Activity, to the
extent practicable, shall be deemed in compliance with the provisions of this Section.
(B) Every Person owning property through which a Watercourse passes, or such Person's lessee, shall
keep and maintain that part of the Watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water
through the Watercourse. In addition, the owner or lessee shall maintain existing privately owned structures
within or adjacent to a Watercourse, so that such structures will not become a hazard to the use, function,
or physical integrity of the Watercourse.
(C) Notwithstanding other requirements of law, as soon as any Person responsible for a facility or
operation, or responsible for emergency response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result in an Illicit Discharge into the Stormwater
System, said Person shall take all necessary steps to ensure the discovery, containment, and cleanup of such
release. In the event of a release of Hazardous Materials, said Person shall immediately notify emergency
response agencies of the occurrence via emergency dispatch services. In the event of a release of non-
hazardous materials, said Person shall notify the Stormwater Superintendent in person or by phone or
facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by
written notice addressed and mailed to the Stormwater Superintendent within three business days of the
phone notice. If the Illicit Discharge emanates from a commercial or industrial establishment, the owner or
operator of such establishment shall also retain an on-site written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for at least three years.
5.7 Protection from Damage
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with
any structure, appurtenance, or equipment which is a part of the Public Stormwater System.
ARTICLE VI - STORMWATER SYSTEM USER FEES
6.1 Establishment of Stormwater User Fees
(A) A user fee based on an Equivalent Residential Unit (ERU) shall be imposed on every owner of non-
exempt Developed Property within the City. An ERU shall equal that square footage that represents the
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median of the area of Impervious Surface for all Single Family Residences in the City. The City Council shall,
by resolution, establish the square footage that constitutes one ERU on a periodic basis.
(B) The City Council shall have the authority to set and modify the user fee rates so that the total
revenue generated by said charges, and any secondary sources of revenue, shall be sufficient to fund the
City’s stormwater program.
(C) The City council shall establish by resolution the monthly rate for each ERU. The monthly user fee
for a specific property is determined by multiplying the rate per ERU times the number of ERUs allocated to
the property.
(D) The only exempt property under this Article is that included within the limits of a railroad track
right-of-way. Property on which railroad stations, maintenance buildings, or other developed land used for
railroad purposes is located shall not be exempt.
6.2 User Fee Credits:
(A) The Stormwater Superintendent shall prepare for the City Council’s approval, a “Stormwater User
Fee Credit Manual” specifying the design and performance standards of on-site stormwater systems,
facilities, activities and services which qualify for application of a user fee credit and the method of
calculating Credits. The City Council shall have the authority to approve, modify and approve or disapprove
the Credit Manual.
(B) Following approval of a Credit Manual, the Stormwater Superintendent may, at the request of a
property owner, reduce the user fee established for any property by awarding a Credit based on the policies
and conditions set forth in the Manual. No Credit shall exceed fifty percent (50%) of the applicable monthly
user fee for a given property. Any property owner may appeal the Stormwater Superintendent’s
determination regarding an award of a Credit by filing a written notice of appeal with the Stormwater
Appeal Board within ten (10) business days of the Superintendent’s decision. The Stormwater Appeal Board
shall review such appeal at a meeting preceded by fifteen (15) calendar days written notice of the meeting
date to the property owner. Following the meeting, the Stormwater Appeal Board shall issue its decision
on the appeal in writing, which decision shall be final.
(C) Credits shall be applied to user fees on the next billing period after the completed credit application
is approved.
(D) Any award of Credit shall be conditioned on continuing compliance with the City’s design and
performance standards as stated in the “Stormwater User Fee Credit Manual” and/or upon continuing
provision of the systems, facilities, services, and activities provided, operated, and maintained by the
property owner or owners upon which the Credit is based. The Stormwater Superintendent may revoke or
reduce a Credit at any time for non-compliance by providing thirty (30) days written notice of a non-
complying condition and intent to revoke or reduce the Credit to the property owner. If the non-compliance
is not cured within the thirty (30) day period, the Stormwater Superintendent shall eliminate the Credit for
user fee bills issued to the property owner after such period. A property owner may appeal the Stormwater
Superintendent’s determination regarding Credit revocation or reduction in the same manner set forth in
paragraph (B), above.
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6.3 Establishment of ERUs:
(A) Each SFR shall be allocated one (1) ERU.
(B) The ERUs allocated to NSFR properties, except City or State highwaysowned roads, shall be
determined in the following manner:
(1) The amount of Impervious Surface on each parcel shall be divided by the gross area of the parcel
resulting in the percent of imperviousness for the parcel.
(2) Based on the percent imperviousness, a “tier factor” shall be determined, based on the following
categories:
*Fee will be based on actual amount of Impervious Surface, measured in square feet. The gross area of
the parcel shall be multiplied by the tier factor, and then divided by the ERU. The resulting value is
rounded up to the nearest whole number which is the number of ERUs for the property.
(C) The ERUs allocated to properties comprised solely of City owned roadways shall be determined by
dividing two-thirds of the total Impervious Surface for the property by the ERU. The resulting value is then
rounded up to the nearest whole number which is the number of ERUs for the property.
IMPERVIOUS PERCENTAGE TIER FACTOR
1 to 10.99% * See Below
11 to 20.99% 0.15
21 to 30.99% 0.25
31 to 40.99% 0.35
41 to 50.99% 0.45
51 to 60.99% 0.55
61 to 70.99% 0.65
71 to 80.99% 0.75
81 to 90.99% 0.85
91 to 100% 0.95
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6.4 Billing and Collection
(A) Stormwater user fees will be billed quarterly and shall be reflected on the water and sewer bills for
each property owner, where applicable. The bill shall also state the ERUs allocated to each property.
(B) A property owner may appeal an allocation of ERUs to the Stormwater Superintendent by
submitting a written notice of appeal to the Stormwater Superintendent within fifteen (15) calendar days
of the mailing date of the bill. The Stormwater Superintendent shall promptly meet with the property owner
and issue a decision of the allocation of ERUs. A property owner may appeal the Stormwater
Superintendent’s determination regarding Credit revocation in the same manner set forth in Section 6.2(B).
The filing of an appeal shall not relieve a property owner of the obligation to pay the user fee when due.
(C) In the event any stormwater user fee is not paid within thirty (30) days from the billing date, a late
penalty charge will be added to the fee together with interest charges. The amount of the late penalty
charge and the interest rate on the overdue accounts shall be the same as those applied to delinquent taxes.
If such payment is not made, such stormwater user fee shall be a lien upon such real estate and may be
collected in the manner provided in 24 V.S.A., §§ 3504 and 3612. Any payment made to the City for utility
fees shall first be allocated to delinquent water, then delinquent sewer, then delinquent stormwater fees.
The remaining amount of the payment shall first be allocated to current water, then current sewer, then
current stormwater fees.
6.5 Expenditures.
(A) The user fees, as well as any secondary sources of revenue, shall be used to fund the City’s efforts
to manage Stormwater. Acceptable expenditures include, but are not limited to, capital construction,
maintenance and operations, engineering and planning, regulation and enforcement, water quality
programs, special services, administration and management, coverage requirements, reserve funds, staff
or labor costs, vehicle and equipment purchases and miscellaneous overhead costs.
(B) Excess revenues may will be placed into a sinking fund, and may be retained and expended in the
manner set forth in Section 4.6.
ARTICLE VII – ACCEPTANCE OR INSPECTION OF REGULATED PRIVATE SYSTEMS
7.1 Exclusively Residential Regulated Private Systems.
(A) Subject to the terms and conditions of this Ordinance, the City may accept conveyance of and
assume responsibility for the following types of Regulated Private Systems that serve Exclusively Residential
development in the City, provided the Owner of such Regulated Private System meets the following
conditions::
(1) The Regulated Private System shall comply with the VSMM and the City Ordinance: Stormwater
Upgrade Feasibility Analysis (“SUFA”).
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(a) Due to sStormwater improvements projects previously completed in collaboration with the
City, following a separate Engineering Feasibility Analysis (EFA) process, do not need to meet the
requirements of section 7.1(A)(1) if they complete the steps identified in 7.1(B) through 7.1(D) by
12/1/22. ,This includes, but is not limited to the Owner of a Regulated Private System covered by
State stormwater permits 6285-9030, 3153-9010.R, 2-0825, 2-0100, or 2-0848 do not need to meet
the requirements of section 7.1(A)(1) if they complete the steps identified in 7.1(B) through 7.1(D)
by 12/1/22.
(2) Regulated Private Systems shall satisfy the goals outlined in any Agency of Natural Resources-
approved plan for the City to meet MS4 Permit requirements (e.g., Flow Restoration Plan, Phosphorus
Control Plan, etc).
(1)(3) The Superintendent determines that allowing the Regulated Private System to obtain coverage
under the City’s MS4 Permit would not place an undue burden on the City.
(2) Regulated Private Systems with valid Vermont stormwater discharge permits issued pursuant
to the guidance and standards in the VSMM if the Regulated Private System has been constructed and
maintained in accordance with the approved plans and specifications;
(3) Regulated Private Systems with valid Vermont stormwater discharge permits issued under
standards in effect prior to the adoption of the VSMM, if the Regulated Private System is not located in
a stormwater-impaired watershed and the Regulated Private System has been constructed and
maintained in full accordance with the approved plans and specifications;
(4) Regulated Private Systems with expired Vermont stormwater discharge permits located within
a stormwater-impaired watershed if the Regulated Private System is upgraded in accordance with the
Stormwater Upgrade Feasibility Analysis (“SUFA”);
(5) Regulated Private Systems with valid Vermont stormwater discharge permits issued under
standards older than the VSMM and located in a stormwater-impaired watershed only if the Regulated
Private System is upgraded in accordance with the SUFA; and
(6) Regulated Private Systems with valid Vermont individual stormwater discharge permits
provided that the Stormwater Services Division determines that the permit’s requirements and the
maintenance of any associated offset projects would not place an undue burden on the City.
(B) The Owner of any Regulated Private System listed in Section (A), above, may offer to convey such
system to the City by:
(1) Applying to the Stormwater Superintendent, using forms developed by the Stormwater
Superintendent;
(2) Paying the applicable fee as determined from time to time by the South Burlington City Council;
and
(3) Agreeing to reimburse the City for any reasonable costs, fees, expenses and other charges the
City incurs in evaluating the Regulated Private System’s design and inspecting the Regulated Private
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System’s Stormwater management and treatment improvements prior to acceptance of such Regulated
Private System.
(C) Upon receipt of a complete application described in Section (B), above, the Stormwater
Superintendent shall determine whether the Regulated Private System meets the applicable standards
which determination shall be final.
(D) Upon a determination that a Regulated Private System meets applicable standards, the Stormwater
Superintendent, working with the City Attorney or the City Attorney’s designee, shall direct the Owner of
the Regulated Private System to prepare all documents, using forms developed by the Stormwater
Superintendent, the City Attorney, or the City Attorney’s designee, necessary to convey the Regulated
Private System, free and clear of all encumbrances, to the City and transfer any applicable permit to the
City. The Stormwater Superintendent, City Attorney or the City Attorney’s designee shall review such
documents to determine their accuracy and completeness.
(1) Regulated Private Systems subject to section 7.1(A)(1)(a) shall complete updated documents
and forms as necessary to comply with this Ordinance.
(D)(E) Upon an Owner of the Regulated Private System’s satisfactory completion of the work required
under paragraphs (A) through (D) above, and payment of any sums due under paragraph (B) above, the
Stormwater Superintendent shall submit to the City Council the Owner’s offer to convey the Regulated
Private System to the City. The City Council may accept such offer if it determines that such acceptance is
in the best interests of the City.
(E)(F) Upon acceptance of a Regulated Private System pursuant to paragraph (E) above, the City shall be
responsible for operating, maintaining, and repairing, replacing and upgrading the Regulated Private System
to comply with any applicable permit and for renewing or obtaining any permit required for operation and
maintenance of the Regulated Private System, except that the Former Owner of the Regulated Private
System shall be responsible for all costs, fees, charges and expenses for:
(1) Remedying damage caused by the Former Owner of the Regulated Private System; or
(2) In the event that an extreme unforeseen circumstance requires extraordinary repair and
reconstruction measures unique to the Regulated Private System. As used herein, an “extreme
unforeseen circumstance” shall mean an act, event, cause or condition that is beyond the City’s
reasonable control such as a fire, storm, earthquake, flood, lightening, landslide, hurricane, tornado,
war, strike, terrorism, riot or insurrection.
(3) Upgrades to any stormwater treatment practice necessary to comply with any State or Federal
regulatory requirements that the City or property owner is subject to.
(F)(G) For a period of twenty (20) years from the date the City accepts a Regulated Private System and
other than the User Fee described in Article VI hereof, the City shall not impose an assessment or surcharge
that is unique to the Former Owner of such accepted Regulated Private System to cover all or a portion of
the cost of performing the City’s duties outlined in paragraph (F) above, unless the City imposes a similar
assessment or surcharge on other Former Owners of other similar Regulated Private Systems, or in the
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event of a need to remedy damage described in subparagraphs (F)(1) and (F)(2) above, or to reconstruct
the system as described in subparagraph (F)(3) above.
(G)(H) For purposes of this Article VII, the phrase “Former Owner” includes the successors in interest of
Owners of Regulated Private Systems that have been accepted by the City pursuant to the procedures
outlined in paragraphs (B) through (G) of this Section 7.1 If a “Former Owner” is a membership organization,
company, corporation or other entity, whether for profit or not-for-profit, the phrase “Former Owner” shall
also include its officers, members, directors and their respective successors in interest.
7.2 Regulated Private Systems That Are Not Exclusively Residential
(A) Subject to the terms and conditions of this Ordinance, the City may, at the discretion of the
Superintendent, allow Regulated Private Systems that serve properties with non-residential uses to obtain
permit coverage under the City’s MS4 Permit provided the Owner of such Regulated Private System meets
all of the following conditions:
(1) The Regulated Private System shall comply with the VSMM or and the Stormwater Upgrade
Feasibility Analysis (“SUFA”).
(2) Regulated Private Systems located in a stormwater-impaired watershed, as determined by said
watershed’s placement on the State’s list of stormwater-impaired waters pursuant to 33 U.S.C.
Section 1313(d), shall satisfy the goals outlined in any Agency of Natural Resources-approved plan for
the City to meet MS4 Permit requirements (e.g., the City’s Flow Restoration Plan, Phosphorus Control
Plan, etc).
(3) The Owner of a Regulated Private System enters into an agreement with the City obligating the
Owner of the Regulated Private System to maintain the Regulated Private System in accordance with
the MS4 Permit, and the VSMM, or and the SUFA, as applicable to that Regulated Private System, and
grants the City access by license:
(a) To monitor and inspect the Regulated Private System at regular intervals to confirm
compliance with the MS4 Permit, and either the VSMM, and or the SUFA, as applicable to that
Regulated Private System; or
(b) To maintain the Regulated Private System only in the event the Superintendent determines
that the Owner of the Regulated Private System has failed to perform maintenance of the Regulated
Private System in accordance with the VSMM or the SUFA, as applicable to that Regulated Private
System and that the public good requires that the City to perform such maintenance on the
Regulated Private System. The City’s performance of maintenance on a Regulated Private System
shall be performed at its sole discretion and shall not relieve the Owner from complying with the
MS4 Permit, and the VSMM, or and the SUFA, as applicable. If the City chooses to perform such
maintenance after the Owner’s failure or refusal to do so, the Owner shall reimburse the City for its
costs, fees, expenses and other charges it incurs as a result of the Owner’s failure or refusal to
perform such maintenance. If the Owner refuses to reimburse the City within thirty days of the
City’s mailing of a bill for such charges, such charges shall be a lien on the Owner’s property in
accordance with 24 V.S.A. § 3504.
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(4) The Superintendent determines that allowing the Regulated Private System to obtain coverage
under the City’s MS4 Permit would not place an undue burden on the City.
(B) The Owner of a Regulated Private System meeting the requirements of paragraph (A), above, may
request coverage under the City’s MS4 Permit by:
(1) Applying to the Superintendent, using forms developed by the Stormwater Superintendent;
(2) Paying the applicable fee as determined from time to time by the South Burlington City Council;
(3) Submitting a plan for maintenance and repair of the Regulated Private System to ensure
compliance with the MS4 Permit, and either the VSMM, or and the SUFA, as applicable to that Regulated
Private System; and
(4) Agreeing to reimburse the City for any reasonable costs, fees, expenses and other charges the
City incurs in evaluating the Regulated Private System’s design and inspecting the Regulated Private
System’s Stormwater management and treatment improvements prior to the City accepting coverage
of such Regulated Private System under its MS4 Permit.
(C) Upon receipt of a complete application as described in paragraph (B) above, the Superintendent
shall determine whether the Regulated Private System meets the VSMM or and the SUFA, as applicable to
that Regulated Private System. The Superintendent's determination shall be final.
(D) Upon determination that a Regulated Private System satisfies the VSMM or and the SUFA, as
applicable to that Regulated Private System, the Stormwater Superintendent, working with the City
Attorney or the City Attorney’s designee, shall direct the Owner of the Regulated Private System to prepare
all documents, using forms developed by the Stormwater Superintendent, the City Attorney or the City
Attorney’s designee, necessary for the Regulated Private System to obtain coverage under the City’s MS4
Permit. The Stormwater Superintendent, City Attorney or the City Attorney’s designee shall review such
documents to determine their accuracy and completeness.
(E) Upon an Owner of the Regulated Private System’s satisfactory completion of the work required by
paragraphs (A) through (D) above, and payment of any sums due under paragraph (B) above, the
Stormwater Superintendent shall submit to the City Council the Regulated Private System Owner’s request
to obtain coverage under the City’s MS4 Permit. The City Council may approve such request if it determines
that such approval is in the best interests of the City.
(F) Upon allowing a Regulated Private System to obtain coverage under the City’s MS4 Permit pursuant
to paragraph (E) above, the City shall periodically monitor, inspect and report on the Regulated Private
System per the City’s MS4 Permit requirements. Notwithstanding such coverage, the Owner of the
Regulated Private System remains responsible for all costs, fees, charges and expenses for:
(1) Operation, maintenance, repair, improvement or replacement of the Regulated Private System
to ensure compliance with the MS4 Permit and with either the VSMM or and the SUFA, as applicable to
that Regulated Private System;
(2) Remedying damage caused by the Owner of the Regulated Private System; and
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(3)In the event that an extreme unforeseen circumstance requires extraordinary repair and
reconstruction measures unique to the Regulated Private System. As used herein, an “extreme
unforeseen circumstance” shall mean an act, event, cause or condition that is beyond the City’s
reasonable control such as a fire, storm, earthquake, flood, lightening, landslide, hurricane, tornado,
war, strike, terrorism, riot or insurrection.
(G) For a period of twenty (20) years from the date the City allows a Regulated Private System to obtain
coverage under the City’s MS4 Permit and other than the User Fee described in Article VI hereof, the City
shall not impose an assessment or surcharge that is unique to the Owner of such Regulated Private System
to cover all or a portion of the cost of performing the City’s duties outlined in paragraph (F) above unless
either:
(1) The City imposes a similar assessment or surcharge on Owners of other similar Regulated
Private Systems;
(2) In the event of a need to remedy damage caused by negligence or malfeasance on the part of
the Owner;
(3) In the event that an extreme unforeseen circumstance requires extraordinary repair and
reconstruction measures unique to the Regulated Private System; or
(4) If the City deems in the reasonable exercise of its discretion that the Owner has failed to
maintain, repair or improve the Regulated Private System to comply with the City’s MS4 Permit and
such maintenance, repair or improvement is necessary, as determined by the Stormwater
Superintendent’s sole discretion, to ensure compliance with the City’s MS4 Permit.
(H) For purposes of this Section 7.2, the term “Owner” includes the successors in interest of Owners of
Regulated Private Systems that have obtained coverage under the City’s MS4 Permit. If an “Owner” is a
membership organization, company, corporation or other entity, whether for profit or not-for-profit, the
phrase “Owner” shall also include its officers, members, directors and their respective successors in interest.
(I)In addition to the rights and remedies for non-compliance with this Ordinance provided in Article
VIII below, if the Owner of the Regulated Private System fails to operate, improve, inspect, maintain, repair
and replace its Regulated Private System in accordance with the City’s MS4 Permit, the VSMM or the SUFA,
as applicable to that Regulated Private System, then the Superintendent in his sole discretion and at any
time may terminate the agreement described in Section 7.2(A)(3), above, provided the Superintendent
mailed a notice of termination to the Owner thirty (30) days in advance of such termination.
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ARTICLE VIII – MUNICIPAL COST SHARING
85.1 Purpose
The Purpose of this article is to establish a City policy regarding cost sharing of upgrading or improving
Stormwater Treatment Practices on private property that are required by the MS4 Permit, Flow Restoration
Plans (FRPs), Phosphorus Control Plans (PCPs) or any other future MS4 permit requirement.
85.2 Applicability
(A) This section shall apply to stormwater system upgrades or improvements as required by Article VII
of this document.
85.3 Municipal Share of Stormwater Project Costs
(A) The City shall share in the cost of upgrading or improving Stormwater Treatment Practices (STPs)
that are required by the MS4 Permit, Flow Restoration Plans (FRPs), and/or Phosphorus Control Plans
(PCPs) as follows:
(1) The City shall contribute funds from the stormwater utility budget for the construction of
upgrades or improvements to STPs on a pro rata basis. Cost sharing shall be determined by the
percentage of impervious surface area that is publicly owned and covered by the existing stormwater
permit as compared to the total impervious surface area covered by the existing stormwater permit;
(a) Areas outside of the existing stormwater permit that drain to the STP will not be included
in this calculation unless the additional off-site area is routed to the STP as part of the upgrade or
improvement. If offsite areas are being redirected to the STP as part of the upgrade or
improvement, then these areas will be included as part of the City’s impervious surface area in the
cost sharing calculation.
(2) The City’s share of funding for upgrades or improvement of any particular STP will be
determined on a schedule established by and at the discretion of the City. The City will update this
schedule on an annual basis, as needed, to ensure that expenditures are budgeted in a way that is
sustainable for the stormwater utility sinking fund, stormwater utility rate payers and permit required
objectives.
(3) The City will cost share in the upgrade or improvement of an STP to the minimum design
requirements that achieve the stormwater treatment necessary to satisfy FRPs, PCPs and Vermont
Stormwater Management Manual (VSMM). Work included as part of any upgrade or improvement
that is beyond the minimum necessary to meet the minimum design requirements will be the
responsibility of the Owner of the Regulated Private System. The City will not share in the cost of any
work undertaken that is not directly related to the STP.
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(4) The City shall review and will share in the costs of any change orders during construction until
the total of change order requests exceeds 10% of the estimated total project cost. Change order
requests seeking cost increases beyond 10% of the estimated total project cost will be borne by the
Owner of the Regulated Private System, unless otherwise agreed to by the City and is in the
Stormwater Superintendent’s sole and complete discretion.
(5) The City shall not contribute funds for engineering or design services incurred as part of
upgrades or improvements to STPs unless;
(a) The City obtains grant or other outside funding for the engineering or design project and a
signed stormwater system improvement agreement with the Owner of the Regulated Private
System that addresses engineering or design cost sharing is in place;
(b) The City will not be responsible for engineering or design costs that were incurred prior to
the effective date of a stormwater system improvement agreement for the upgrade or
improvement to the STP.
(6) The City will provide its pro rata share of STP upgrade or improvement costs only after the
Stormwater Superintendent or histhe Stormwater Superintendent’s designee has inspected the
stormwater treatment system and the STP upgrade or improvement and certified that it has been
constructed in accordance with the previously approved project plans.
(7) The City is not required to obtain grants or other outside funding for any individual project.
Grants will be obtained at the discretion of the Stormwater Superintendent based on staff availability
and other factors.
(8) If a grant or outside funding is obtained by the City for a STP upgrade or improvement project,
such grant or outside funding will first be applied to offset the City’s pro rata share of the STP upgrade
or improvement costs. Any amount in exceedance of the City’s pro rata share may be applied to the
Regulated Private System Owner’s pro rata share of the STP upgrade or improvement project costs at
the discretion of the Stormwater Superintendent.
(9) STP upgrade or improvement projects that are eligible for City cost sharing must follow the
process outlined for inclusion of the stormwater treatment system under the City’s MS4 Permit as
established in Sections VII of this document.
(a) If a Regulated Private System Owner performs an upgrade or improvement to an STP, but
does not intend to obtain coverage under the City’s MS4 Permit and instead obtains permit
coverage directly from the State of Vermont, they may still obtain cost sharing from the City
pursuant the requirements of this Article. In order to be eligible, these projects must:
(i) Submit engineering and design plans for STP upgrade or improvement to the
Stormwater Superintendent and obtain written approval of these plans prior to incurring any
costs that would be eligible for cost sharing; and
(ii) Sign a stormwater system improvement agreement with the City that establishes pro
rata cost sharing for all parties involved; and
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(iii) Obtain the Stormwater Superintendent’s written confirmation that the STP upgrade
or improvement was constructed in conformance with the approved plans once construction
is complete.
ARTICLE IXVIII - INSPECTION AND ENFORCEMENT
98.1 Power and Authority of Inspectors
(A) Any Authorized Person bearing proper credentials and identification shall be permitted to enter all
properties subject to regulation under this Ordinance for the purposes of inspection, observation,
measurement, sampling, and testing in accordance with the provisions of this Ordinance. Authorized
Persons shall have the right to set up such devices as are necessary to conduct monitoring and/or sampling
of any regulated discharge from the property. Authorized Persons may also examine and copy records
required to be kept under any permit subject to this ordinance. Authorized Persons shall have no authority
to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other
industries beyond that point having a direct bearing on the kind and source of discharge to the public
sanitary and stormwater systems.
(B) Any Authorized Person bearing proper credentials and identification shall be permitted to enter all
private properties through which the City holds an easement for the purposes of, but not limited to,
inspection, observation, measurement, sampling, repair, and maintenance or any portion of the Public
Sewage System or Public Stormwater System lying within said easement. All entry and subsequent work, if
any, on said easement, shall be done in full accordance with the terms of the easement pertaining to the
private property involved.
(C) If a property owner has security measures in force which require proper identification and clearance
before entry into onto the property, the owner shall make the necessary arrangements to allow access to
any Authorized Person.
(D) Any temporary or permanent obstruction to safe and easy access to any property to be inspected
and/or sampled shall be promptly removed by the property owner at the written or oral request of any
Authorized Person and shall not be replaced. The costs of clearing such access shall be borne by the
property owner.
(E) Causing an unreasonable delay in allowing an Authorized Person access to a property subject to
regulation under this Ordinance is a violation of this Ordinance.
(F) If an Authorized Person is refused access to any part of the property containing facilities, records or
discharges subject to regulation under this Ordinance, and if the Authorized Person is able to demonstrate
probable cause to believe that there may be a violation of this Ordinance, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program designed to verify compliance with this
Ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the
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community, then the Authorized Person may seek issuance of a search warrant from any court of competent
jurisdiction.
(G) While performing the necessary work on private properties referred to in this Section, Authorized
Persons shall observe all safety rules applicable to the premises established by the property owner and the
property owner shall be held harmless for injury or death to the City employees and the City shall indemnify
the property owner against loss or damage to its property for personal injury or property damage asserted
against the property owner and growing out of the gauging and sampling operation, except as may be
caused by negligence or failure of the property owner to maintain safe conditions as required by law.
98.2 Administrative Enforcement
(A) Any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is
a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the
cessation of such nuisance may be taken.
(B) Any Person found to be violating any provision of this ordinance shall be served by the City with
written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory
correction thereof. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of Illicit Discharges;
(3) The cessation of improper practices and operations and implementation of proper practices
and operations;
(4) The abatement or remediation of any contamination of the public sewage or Stormwater
System and waters of the State of Vermont or the United States and restoration of any property
impacted by such contamination;
(5) Establishment of time limits for the completion of all required work;
(6) Payment of a fine; and
(7) State that the Notice may be appealed in the manner set forth in paragraph (F), below.
(C) The City has the right to require a property owner found to be in violation of this Ordinance to install
monitoring equipment and maintain such equipment in proper operating condition, including proper
calibration, all at the property owner’s expense.
(D) If a violation has not been corrected pursuant to the requirements set forth in the Notice of
Violation, the City or persons retained by the City may enter upon the subject property to take any and all
measures necessary to abate the violation and/or restore the property. It shall be unlawful for any Person,
owner, agent or Person in possession of any premises to refuse to allow the City or designated persons to
enter upon the premises for the purposes set forth above.
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(E) Within thirty (30) days after abatement of the violation, the owner of the property will be notified
of the cost of abatement, including administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within fifteen (15) days. If the amount due is not paid within a
timely manner as determined by the decision of the City Manager or the City Manager’s designee (“City
Manager”), or by the expiration of the time in which to file an appeal, the charges shall constitute a lien on
the property for the amount of the assessment and shall bear interest at the rate of one percent (1%) per
month, or portion thereof.
(F) The City Manager may, without prior notice, suspend stormwater or sewer system discharge access
to a Person when such suspension is necessary to stop an actual or threatened discharge which presents or
may present imminent and substantial danger to the environment, or to the health or welfare of persons,
or to the Stormwater System, sewer system or waters of the State of Vermont or the United States. If the
violator fails to comply with a suspension order issued in an emergency, the City Manager may take such
steps as deemed necessary to prevent or minimize damage to the Stormwater System, sewer system or
waters of the State of Vermont or United States, or to minimize danger to persons.
(G) Any Person discharging to the stormwater or sewer system in violation of this ordinance may have
their stormwater system or sewer system access terminated if such termination would abate or reduce an
Illicit Discharge. The City Manager will notify a violator of the proposed termination of its stormwater system
or sewer system access. The violator may appeal the City Manager’s determination to the City Council by
filing a written notice of appeal with the City Manager within ten (10) business days of the Manager’s
decision. The City Council shall review such appeal at a meeting of the Council preceded by fifteen (15)
calendar days written notice of the meeting date to the Violator. Following the meeting, the Council shall
issue its decision on the appeal in writing, which decision shall be final.
(H) A Person commits an offense if the Person reinstates stormwater system or sewer system access to
premises terminated pursuant to paragraph (F), above, without the prior approval of the City Manager.
98.3 Judicial Enforcement
(A) This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. Any Person
who violates a provision of this Ordinance or who violates any condition of a permit issued hereunder shall
be subject to a civil penalty of up to $800 per day for each day that such violation continues. Any law
enforcement officer or the Director of Public Works, City Engineer, Deputy Director of Public Works, or
Stormwater Superintendent may act as an Issuing Municipal Official and issue and pursue before the Judicial
Bureau a municipal complaint for any violation of any provision of this Ordinance.
(B) In addition to the enforcement procedures available before the Judicial Bureau, the City Manager
is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any
other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or
penalties available by law.
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98.4 Civil Penalty; Waiver Fee
(A) An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for
each violation:
First offense $160
Second offense $320
Third offense $480
Fourth offense $640
Fifth and subsequent offenses $800
(B) An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the
following amounts, for any Person who declines to contest a municipal complaint and pays the waiver fee:
First offense $100
Second offense $250
Third offense $400
Fourth offense $550
Fifth and subsequent offenses $700
Each day the violation continues shall constitute a separate violation.
98.5 Severability
If any portion of this Ordinance is held to be invalid by a court of competent jurisdiction, such finding shall
not invalidate any other part of this Ordinance.
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Adopted at South Burlington, Vermont this _______day of ______, 2016201921, and to be effective upon
adoption.
SOUTH BURLINGTON CITY COUNCIL
_____________________________ ____________________________
Helen Riehle, Chair Pat NowakMatt Cota
__________________________________ ______________________________
Meaghan Emery, Vice Chair Thomas Chittenden
__________________________________
Tim Barritt, Clerk
Received and recorded this ______ day of ________, 2016201921.
______________________________
Donna Kinville, City Clerk
City Ordinance: Stormwater
Upgrade Feasibility Analysis (SUFA)
STORMWATER UPGRADE FEASIBILITY ANALYSIS 2
City of South Burlington Ordinance
Table of Contents
1. Background and Introduction ............................................................................................................ 3
2. Installation of Stormwater Treatment Practices ............................................................................... 3
3. Payment of Stormwater Mitigation Fee ............................................................................................ 4
4. Combination STP/Fee Method .......................................................................................................... 5
5. Penalties / Enforcement .................................................................................................................... 5
6. Severability ........................................................................................................................................ 6
Appendix A. Method for Infiltration Testing ................................................................................................ 6
Appendix B. Submission Standards ............................................................................................................. 7
STORMWATER UPGRADE FEASIBILITY ANALYSIS 3
City of South Burlington Ordinance
The Council of the City of South Burlington hereby ordains:
1. Background and Introduction
The City of South Burlington is subject to multiple stormwater Total Maximum Daily Load (TMDL)
requirements established by the Vermont Agency of Natural Resources (ANR). Compliance with these
TMDLs is required by the City’s Municipal Separate Storm Sewer System (MS4) permit, which is also
promulgated by ANR. The MS4 permit requires that the City develop a Flow Restoration Plan (FRP) for
each of the five stormwater impaired watersheds located in the City. In addition, the City’s MS4 permit
requires that the City develop a plan to deal with properties covered by expired State of Vermont
Stormwater permits. On top of these requirements, all of South Burlington ultimately drains to Lake
Champlain. ANR and United States Environmental Protection Agency (EPA) are currently developing have
developed a phosphorus TMDL for Lake Champlain. The MS4 permit contains a requirement that the
TownCity develop a Phosphorus Control Plan (PCP) to reduce phosphorus loading to the Lake from
stormwater discharges.. The requirements for this regulation are not yet known, but when finalized the
City will also be subject to additional requirements related to reduction of phosphorus loading to the Lake
for both stormwater and wastewater discharges.
In order to meet the requirements of these State and Federal regulations it is necessary for the City of
South Burlington, and the properties located within its boundaries, to install Stormwater Treatment
Practices (STPs) capable of addressing the uncontrolled stormwater runoff that contributes to these water
quality impairments. The City’s “Ordinance Regulating the Use of Public and Private Sanitary Sewerage
and Stormwater Systems” (Ordinance), which shall be incorporated by reference herein, provides the
opportunity for properties with existing or expired State stormwater permits, or properties subject to the
“three-acre site” requirement included in §1.3.D of the ANR General Permit 3-9050 to obtain valid State
stormwater permit coverage under the City’s MS4 permit. The ability for the City to provide this permit
coverage was further clarified by the Vermont legislature in 2015 with the passage of Act 64by the
Vermont Department of Environmental Conservation when the MS4 Permit was reissued in 2018..
In order for a property to obtain coverage under the City’s MS4 permit, it must provide a level of
stormwater treatment that will facilitate compliance with the State and Federal regulatory requirements
(MS4 permit and TMDLs) to which that the City is subject to. The goal of this document is to establish a
procedure by which an existing site can be evaluated for best practicable on-site treatment of stormwater
runoff. The standard is intended to be met through installation of on-site STPs. Alternatively, a site may
elect to pay a stormwater mitigation fee in lieu of installing STPs on their site. These funds will be utilized
by the South Burlington Stormwater Utility (SBSU) to construct the STPs necessary for the City to
implement the FRPs required by its MS4 permit. These funds may also be used to gain access to the land
necessary for the construction of large scale or regional STPs.
2. Installation of Stormwater Treatment Practices
(A) The goal of the SUFA is: (1) to reduce the volume of stormwater runoff and associated pollutants
leaving the site via pipe or overland flow, and (2) to ensure that a site complies with any water quality
plan (e.g. FRP, PCP, etcetc.) developed for the watershed in which it is located. At a minimum, the site
must install STPs capable of infiltrating the volume of stormwater runoff generated on site during the
Water Quality Volume (WQv) rain event as described in the Vermont Stormwater Management Manual,
STORMWATER UPGRADE FEASIBILITY ANALYSIS 4
City of South Burlington Ordinance
as amended from time to time by the Agency of Natural Resources, (VSMM), which shall be incorporated
by reference herein. This volume of water must be infiltrated or reused on site using Low Impact
Development (LID) practices detailed in the “South Burlington Low Impact Development Guidance
Manual” and complying with the technical standards found in the VSMMTier 1 practices as defined in the
VSMM.
(B) It is understood that some sites may contain constraints that make the site unsuitable for
infiltration of stormwater runoff. A list of acceptable site constraints is included below (Table 1).
Table 1. Constraints on Use of Infiltration Practices
1. Seasonally high or shallow groundwater (as defined in the VSMM).
2. Shallow bedrock (as defined in the VSMM).
3. Soil infiltration rates of less than 0.2 inches per hour (as demonstrated by infiltration testing
conducted in accordance with the procedure in Appendix A).
4. Contaminated soils subject to review and approval of the Stormwater Superintendent.
5. The presence of a “stormwater hotspot” (as defined in the VSMM).
6. Other site constraints subject to the review and approval of the Stormwater Superintendent.
(C) If it is not possible to infiltrate the volume of stormwater runoff generated by the site during WQv
storm event due to one or more of the constraints listed above (Table 1), then this volume of water can
be detained on-site using Tier 2 other LID strategies and practices such as those detailed in the “South
Burlington Low Impact Development Guidance Manual”. STPs meeting the WQv treatment standard as
described in the VSMM are also acceptable.
(D) A site with existing retention/detention based STPs is allowed to evaluate retrofitting/expanding
these facilities in order to meet the detention requirement indicated above. Retrofit/expansion of these
facilities may be considered prior to evaluation of infiltration practicesTier 1 practices. Existing Tier 3
practices shall be upgraded to Tier 2 practices, if used for water quality treatment where feasible.
(E) FRPs and PCPs for the stormwater impaired watersheds located in the City contain a preliminary
assessment of the stormwater treatment potential of some sites. If an FRP or PCP identifies an STP on a
site, then the site must install either the specified STP or an STP that provides equivalent or greater
treatment. In addition, final FRPs and PCPs will contain a schedule indicating when various retrofits must
occur. Properties that choose to construct STPs must do so prior to the deadline established by the State’s
Agency of Natural Resources, within 5 years of signing a Stormwater Improvement Agreement with the
City, before November 15, 2023but no later than November 1, 2028, or the date specified in the FRP or
PCP, whichever is sooner.
(F) All proposed STPs must be submitted to the Stormwater Superintendent for review. Standards
for these submissions are included in Appendix B.
3. Payment of Stormwater Mitigation Fee
(A) In lieu of installation of STPs as described above, the property owner may elect to pay a
stormwater mitigation fee. The mitigation fee for a property can be determined utilizing the following
equation, (where IA is the impervious area on the site in acres and WQvT is the percent of the Water
Quality Volume treated on site):
STORMWATER UPGRADE FEASIBILITY ANALYSIS 5
City of South Burlington Ordinance
Stormwater Mitigation Fee = IA x (1-WQvT)3 x $70,000
(B) Impervious Area (IA) is calculated by measuring the impervious surfaces located on the property
at the time of application. Applicants shall not include any publicly owned impervious area (e.g. public
roads within a City-owned ROW) in their calculation of IA.
(C) Payment of a stormwater mitigation fee does not prevent or exclude a site from being used for
stormwater treatment. If the site contains a project identified in a FRP as a regional stormwater treatment
facility then some of the land on the site may be used for stormwater treatmentthe City will require an
Irrevocable Offer of Dedication to use the land for stormwater treatment, if deemed feasible.
(DF) Full payment of sStormwater mitigation fees must be paid in full upon signing an MS4 Permit
Coverage Agreement with the City. can occur at the time of application, but in any event no later than
November 15, 2023. Alternatively, the property owner can elect to pay the fee over a 5- or 10-year term.
If a 5-year term is selected, the total value will be assessed at 3.5% interest for over that period. If a 10-
year term is selected, the total value will be assessed at 5.5% interest over that period. Fees paid over a
5- or 10-year term will be included in the property’s stormwater fee for developed properties as
established in the Ordinance.
4. Combination STP/Fee Method
(A) Some sites may install STPs for a portion of the site and pay a stormwater mitigation fee for the
remaining portion of the site. When this method is used, impervious area flowing to a STP are removed
from the IA value used in the stormwater mitigation fee equationthe percent of the Water Quality Volume
treated on site (WQvT) will be factored into the equation. Property owners are encouraged to maximize
treatment on site to the greatest extent possible, as the greater the level of treatment provided on site,
the lower the cost per impervious acre for the portion of the Water Quality Volume not achieved. .
(B) If the combination method is utilized, STPs shall provide treatment for the entire drainage area
flowing to them. Credit will not be given if an STP is sized to only infiltrate a portion of the runoff
associated with the WQv treatment standard. The STP must meet the full WQv for its upstream drainage
area.
5. Penalties/Enforcement
(A) This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. Any
Person who violates a provision of this Ordinance, including but not limited to failure to install a STP by
prior to the deadline established by the State’s Agency of Natural Resources November 15, 2023 or to
pay the stormwater mitigation fee when due, shall be subject to a civil penalty of up to $800 per day for
each day that such violation continues. Any law enforcement officer or the Director of Public Works, City
Engineer, Deputy Director of Public Works, or Stormwater Superintendent may act as an Issuing Municipal
Official and issue and pursue before the Judicial Bureau a municipal complaint for any violation of any
provision of this Ordinance.
(B) In addition to the enforcement procedures available before the Judicial Bureau, the City Manager
is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue
any other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or
penalties available by law.
STORMWATER UPGRADE FEASIBILITY ANALYSIS 6
City of South Burlington Ordinance
(C) An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for
each violation:
First offense $160
Second offense $320
Third offense $480
Fourth offense $640
Fifth and subsequent offenses $800
(D) An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty,
in the following amounts, for any Person who declines to contest a municipal complaint and pays the
waiver fee:
First offense $100
Second offense $250
Third offense $400
Fourth offense $550
Fifth and subsequent offenses $700
Each day the violation continues shall constitute a separate violation.
6. Severability
If any portion of this Ordinance is held to be invalid by a court of competent jurisdiction, such finding shall
not invalidate any other part of this Ordinance.
Appendix A. Method for Infiltration Testing
(A) The following requirements apply to any required infiltration testing:
(1) Testing must be performed under the supervision of a qualified professional (i.e.,
registered engineer, site designer licensed in the State of Vermont, a qualified soil scientist, a
qualified geologist, a qualified hydrogeologist, or other person approved in advance by the
Stormwater Superintendent).
(2) Infiltration test methods must assess the saturated hydraulic conductivity under "field-
saturated" conditions (see ASTM D5126-90 Standard Guide for Comparison of Field Methods for
Determining Hydraulic Conductivity in the Vadose Zone).
(3) Infiltration test locations shall correspond to the proposed Stormwater Treatment
Practice (STP) locations, and infiltration tests must be conducted at a minimum depth of the
bottom of the proposed STP.
(4) Design infiltration rates shall be determined by using a factor of safety of 2 from the field-
derived value.
STORMWATER UPGRADE FEASIBILITY ANALYSIS 7
City of South Burlington Ordinance
(5) Percolation tests are not acceptable in place of testing for saturated hydraulic
conductivity, as they overestimate saturated hydraulic conductivity values. Acceptable tests
include:
i. Guelph permeameter - ASTM D5126-90 Method
ii. Falling head permeameter – ASTM D5126-90 Method
iii. Double ring permeameter or infiltrometer - ASTM D3385-09, D5093-152, D5126-90
Methods
iv. Amoozemeter or Amoozegar permeameter – Amoozegar 1992
(6) The following information must be documented for any infiltration testing:
i. Date and time of testing.
ii. Name and qualifications of the person conducting the testing.
iii. Location of infiltration testing.
iv. Method utilized during testing.
v. Results of infiltration testing in inches / hour.
(7) A qualified professional may establish seasonal high groundwater depth in test pits based
on redoximorphic features.
(8) Verify depth to bedrock (if within 4 feet of proposed STP bottom) via test pits or solid
auger probes.
Appendix B. Submission Standards
(A) The following information must be included with a submission:
(1) Complete application form.
(2) A brief written narrative describing the proposed Stormwater Treatment Practice (STP)
and how it meets the SUFA standard. This includes a description of how the proposed STP matches
or differs from what is indicated in any approved Flow Restoration Plan (FRP).
(3) A written description of the ongoing maintenance needs for the drainage system and
proposed STP.
(4) A map delineating the drainage area flowing to each STP. This must include any off-site
areas flowing to the STP.
(5) Site plan and construction details for all proposed STPs. The site plan must include:
i. Location, type, and size of all impervious surfaces.
STORMWATER UPGRADE FEASIBILITY ANALYSIS 8
City of South Burlington Ordinance
ii. Location, type, size, elevations, and specifications for all proposed STPs.
iii. Stormwater collection and conveyance systems including swales, culverts, and piping.
iv. Length, diameter, and material for all piping and culverts.
v. Topographic surveyy and natural resource delineations.
vi. Soil type and/or hydrologic soil group.
vii. The location and results of any infiltration testing conducted.
viii. Tree canopy and changes to landscaping.
(6) Modeling results that show the existing and post-development hydrographs for the storm
events indicated below. Any TR-55 based model shall be suitable for this purpose. Modeling
methods utilized shall be in accordance with the best practices utilized by the State of Vermont
Stormwater Management Section and described in the VSMM.
i. The Water Quality Volume (WQv) storm event as described in the VSMM.
ii. The one year, twenty-four hour rainfall event as described in the VSMM.
iii. The twenty-five year, twenty-four hour rainfall event (currently 4.0 inches) as described
in the most recent version of the City’s Land Development Regulations.
(7) Applications submitted under the Combined Method must include a stormwater
mitigation fee calculation. The site plan, listed under item 5 above, must indicate the portion of
Impervious Area (IA) being utilized in the stormwater mitigation fee calculation.
[THIS SPACE INTENTIONALLY LEFT BLANK]
STORMWATER UPGRADE FEASIBILITY ANALYSIS 9
City of South Burlington Ordinance
Adopted at South Burlington, Vermont this _______ day of _______________, 2016210, and to be
effective upon adoption.
SOUTH BURLINGTON CITY COUNCIL
_________________________________ ______________________________
Helen Riehle, Chair Dave Kaufman Matt Cota
__________________________________ ______________________________
Meaghan Emery, Vice Chair Thomas Chittenden
__________________________________
Tim Barritt, Clerk
Received and recorded this ______ day of ________, 2021.
______________________________
Donna Kinville, City Clerk
June 7, 2021
The following 2021 Entertainment License permit requires approval by the South Burlington Liquor Control Board after review by the City fire, police and public works departments:
NAME DESCRIPTION
Higher Ground Annual Entertainment License Permit
SOUTH BURLINGTON LIQUOR CONTROL BOARD
Helen Riehle Meagan Emery
Tom Chittenden Tim Barritt
Matt Cota