(A) Authority and other laws.
(1) This chapter is adopted by the Morehead, Kentucky City Council under the authority of Chapter 100 and shall be administered by the Morehead Utility Plant and any other city department deemed appropriate. These departments shall be referred to as the "Approving Agency", "Issuing Authority" and "Enforcement Agency".
(2) This chapter is adopted pursuant to the powers granted and limitations imposed by the Federal Clean Water Act, and in particular those parts that authorize local governments to require any state or federal department or agency to comply with all local water pollution control requirements.
(3) This chapter shall be construed to ensure consistency with requirements of the Clean Water Act, the KPDES, and acts amendatory thereof or any other applicable regulations.
(4) The standards and requirements set forth herein and promulgated pursuant to this chapter are minimum standards. This chapter does not intend nor imply that compliance by any person, company, developer, or any other entity will ensure that there will be no contamination, pollution, or discharge of pollutants into the MS4, community waters or waters of the Commonwealth.
(5) In their interpretation and other application, the provisions of this chapter shall be held to be minimum requirements. Whenever the requirements of this chapter are at variance with the requirements of the City of Morehead Ordinances and Regulations, MUPB regulations or other city, state and federal lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive, or that imposing the higher standards shall govern.
(B) Purpose. The requirements set forth in this chapter are intended to protect the general health, safety, and welfare of the citizens of the City of Morehead, and more specifically:
(1) To protect and enhance the water quality of water courses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act by addressing stormwater runoff from new development projects and existing developments that discharge into the municipal separate storm sewer system (MS4), community waters and waters of the Commonwealth;
(2) To establish legal authority to carry out all inspection, surveillance and monitoring, and enforcement procedures necessary ensure compliance with this chapter; and
(3) To provide a source of revenues to carry out all inspection, surveillance, monitoring and enforcement.
(C) Severability clause. Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of these regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 26:2019, passed 7-8-19)