(A) The city maintains a system of the storm and surface water management facilities including but not limited to inlets, conduits, manholes, channel, ditches, drainage easement, retention and detention basins, infiltration facilities, and other components, as well as natural waterways, specifically excluding combined sewer systems.
(B) This is commonly referred to as a "Municipal Separate Storm Sewer System" or "MS4" as defined at 401 KAR 5:002, Section 1(111) and 40 C.F.R. 122.26(b)(8).
(C) The storm water system in the city requires regular maintenance and improvements.
(D) Storm water quality is degraded due to erosion and the discharge of nutrients, metals, oil, grease, toxic materials, and other substances into and through the storm water system.
(E) The public health, safety, and welfare are adversely affected by poor ambient water quality and flooding.
(F) All real property in the City of Covington either uses or benefits from the maintenance of the storm water system.
(G) The extent of use of the storm water system by each property is dependent on factors that influence runoff, including land use and the amount of impervious surface on the property.
(H) The cost of improving, maintaining, operating and monitoring the storm water system should be allocated, to the extent practicable, to all property owners based on the impact of runoff from the impervious areas of their property on the storm water management system.
(I) Management of the storm water system to protect the public health, safety, and welfare requires adequate revenues and it is in the interest of the public to finance storm water management adequately with a user fee system that is reasonable and equitable so that each use of the system pays to the extent to which they contribute to the need for it.
(J) The city is required to develop a storm water quality program through the NPDES Phase II storm water program that is required by state and federal law.
(K) The MS4 program specifically does not apply to combined sewers; SD1 retains full responsibility for the combined sewer system in Covington, including any storm water issues attributable to the inadequacies of the combined sewer system.
(Ord. O-02-21, passed 2-23-2021)