(A) Mandatory participation. The owner(s) of all houses, buildings, or properties with structures situated within the city, is (are) hereby required to participate in the Stormwater Program as a means for MUPB to generate revenue to administrate and enforce the MS4 program.
(B) Purpose of fee. This subchapter provides for the recovery of costs from users of the MS4 program for the implementation of the program established herein and for other costs associated with the installation, monitoring and treating of stormwater and the stormwater system. The applicable charges and fees shall be as set forth herein.
(C) Charges and fees. The following schedule fee schedule shall apply to each property with at least one structure in the MUPB Stormwater Program service area. This fee shall be known as the Stormwater Management Fee (SMF) and is based on the number of ISUs on the property.
Customer | ISU (sf) | Monthly Fee |
Residential* | 2,500 | $2.16 flat rate |
Commercial** | 2,500 | $2.43 per ISU |
Industrial | 2,500 | $2.70 per ISU |
*Includes all single-family residences (PVA parcels) with at least one structure regardless of parcel size **Includes all commercial businesses, shopping centers, duplexes, multi-unit apartments, storage facilities, hospitals, schools, universities, etc. | ||
(D) Enforcement of fees.
(1) MUPB, through the General Manager or his/her designee, to ensure compliance with this chapter, and as permitted through 40 CFR Subchapter N, and 401 KAR 5:057, may take the following enforcement steps against users in noncompliance with the chapter. The remedies available include injunctive relief, civil and criminal penalties, immediate discontinuance of discharges and/or water service and the publishing of the list of users in noncompliance annually. The enforcement authority shall be vested in the General Manager or his/her designee.
(2) In the event of termination of service, the user shall pay MUPB for all costs incurred to perform the disconnection and reconnection of service plus fifteen percent (15%) administrative costs prior to the service being restored. If actual costs cannot be determined, the costs shall be estimated by the General Superintendent.
(3) The enforcement actions and remedies provided for in this chapter are not exclusive. The General Manager may take any, all, or combination of these actions against a noncompliant user. Further, the General Manager is empowered to take more than one enforcement action against any noncompliant user.
(Ord. 26:2019, passed 7-8-19; Am. Ord. 09:2023, passed 5-8-23)