(11/10) In response to Town Council frustration with requirements and costs pertaining to the Municipal Separate Storm Sewer System (MS4) requirements, an expert was brought in to answer questions at the November Emmitsburg Town Council meeting.

MS4 regulations require municipalities to implement certain actions intended to aid in the restoration of the Chesapeake Bay through storm water runoff management

"On a larger scale, this whole program is revolved around changing perceptions, it’s really about society," stated Mark Harman of ARRO Consulting, an engineering and environmental firm. Harman compared MS4 requirements to the recycling initiatives in the 1970’s and education regarding seatbelts in the 1980’s, equating the importance of having a strong education component and effective legislation. "Unfortunately, we are at the early stages of this," he said.

Reforestation is a key element of MS4. The town’s restoration budget for the current permit year is approximately $690,000, not accounting for additional costs of staff time, according to Town Planner Zach Gulden. The town planted thousands of trees in partnership with the Stream-Link Education and the Daughters of Charity.

To help Emmitsburg recover the cost of the tree planting, the town obtained a $434,000 grant from the Maryland Department of National Resources, as well as $34,000 from the Chesapeake Bay Trust for the Silo Hill Stormwater Management Basin project. However, this still leaves approximately $221,000 in funds the town must find in the budget to complete other mandatory MS4 projects by the end of 2023 before the cycle begins anew.

Costs to the town for MS4 projects are expected to increase in 2023-2028 as conservation grants become more competitive as more municipalities become mandated MS4 communities.

Commissioner Frank Davis expressed frustration that unfunded mandates like MS4 put a costly burden on the town and the hundreds of thousands of dollars in program costs could be better used elsewhere within the town, such as fixing sewers.

"Taking care of the environment is very, very important to us, it’s just that little communities like us, the unfunded mandates are getting outrageous," Davis said.

While larger communities might not think twice about the MS4 requirement costs, Council Vice President Cliff Sweeny expressed concern for the municipalities even smaller than Emmitsburg’s approximately 3,000 residents.

"Unfortunately, it’s a regulation that has to be met and they will have to find a way to do it," Harman said, adding that not complying with the mandates is not an option and may have to come down to a municipality raising taxes.

Council President Tim O’Donnell said MS4 requirements have added extra pressure on staff and asked Harman to carry the voice of the town to the EPA regarding MS4 requirements. "It is impinging upon our standard of service to our community profoundly and it is creating tremendous pressure in office, on our staff," he said.