(A) Council hereby approves and adopts the “Determinations and Background Pertinent to Storm Water Management in Hamilton County” which are attached to Resolution 10-1003 as Exhibit A and hereby fully incorporated herein.
(B) Council hereby adopts, establishes and implements within the City of Mt. Healthy, the Rules and Regulations of the Hamilton County Storm Water District, Article II - Illicit Discharge Regulations, Article III - Earthworks Regulations, Article IV - Stream Corridor Regulations, and Article V - Post-Construction Storm Water Quality Regulations (“Post-Construction Regulations”), as the same are set forth in Exhibit B which are attached to Resolution 10-1003 incorporated into this Resolution as if fully re-written herein.
(C) These Rules and Regulations of the HCSWD may be duly amended or modified by the Board of County Commissioners of Hamilton County, Ohio from time to time, and Council must adopt said amendments or modifications to these Rules and Regulations of the HCSWD unless Council enacts alternative rules and regulations that are mutually agreed to be as stringent or more stringent than the Rules and Regulations of the HCSWD.
(D) Council and the appropriate administrative officials of the city will cooperate with the HCSWD in the enforcement of the Rules and Regulations, and shall exercise such legal authority as it may possess which may be reasonably required to assist the HCSWD in carrying out the intent of the Rules and Regulations within the municipal corporate boundaries in order to achieve and maintain compliance with the requirements of state and federal law regarding the Phase II Program.
(E) Council hereby:
(1) Authorizes and designates the HCSWD and its authorized designated agent(s) to act as the Enforcing Official for Article II - Illicit Discharge Regulations, Article III - Earthworks Regulations, Article IV-Stream Corridor Regulations, and Article V - Post-Construction Storm Water Quality Regulations (“Post-Construction Regulations”) within the boundaries of the City of Mt. Healthy; and
(2) Consents to and hereby authorizes the proper administrative officials of the city to enter into such agreements with the Board as may be necessary and appropriate for the District to provide such Phase II services; and
(3) Consents to collection of an equitable fee by the District for the performance of such services from property owners located within the municipal corporate boundary of the city through property assessments or related charges and/or from developers within the city for the provision of such services, which fee shall be reasonably determined by the District in consultation with the city; and
(F) It is the intent of the Council that the remedies provided in this Resolution and in the Rules and Regulations are intended to be in addition to and not exclusive of any other remedies as may be available under applicable federal, state or local law.
(Res. 10-1003, passed 3-16-10)