Chapter 13.75
STORM WATER UTILITY SYSTEM
Sections:
13.75.010 Storm water management utility.
13.75.020 Definitions.
13.75.030 Potential hazard declared.
13.75.040 Storm water utility and fund.
13.75.050 Ownership of city storm water facilities and assets.
13.75.060 Unlawful to discharge pollution – No polluted waters discharged to storm water system.
13.75.070 System of rates and charges.
13.75.080 Billing and collection.
13.75.090 Appeal of charges.
13.75.010 Storm water management utility.
A. Findings on Storm Water Runoff. The city council has determined that the city’s physical growth and urban development has and will continue to increase the amount of storm water runoff collected and disposed of using the city’s storm water drainage system and facilities. The city council finds that storm water runoff causes property damage and erosion, carries concentration of nutrients, chemicals, heavy metals, oil, and toxic materials into receiving waters and ground waters; degrades the integrity of city streets, curbs, gutters and other infrastructure conveying storm water; reduces the citizens’ access to emergency services and imposes hazards to both life and property. In addition, federal and state governments have established environmental protection regulations for water quality and requirements for the city’s discharge of its storm water into receiving waters.
B. Purposes and Objectives. Based on the foregoing findings, the purposes and objectives of this chapter are to:
1. Provide and maintain a storm water system for managing and disposing of storm water runoff;
2. Provide fair, equitable and nondiscriminatory rates and charges for a storm water system and related services which will generate sufficient revenues for operating, improving and maintaining the storm water utility at a level commensurate with storm water management needs. The rates and charges shall be set by considering needed revenues and the amount of impervious surface on developed parcels and the respective storm water runoff characteristics of the parcel, and apply said rates and charges consistently for the same class of customers; and
3. Establish a policy that present and future rates and charges for this service should be fixed with consideration of the difference in cost fairly allocated to the various customers based upon such factors as: the intensity of development of the parcel; the types of development on the parcel; the cost of maintenance, operation, repair and improvements of the various parts of the utility; the quantity and quality of the runoff generated; and other factors which present a reasonable basis for distinction, and which will allow for management of the storm system in a manner that protects the public health, safety and welfare.
C. Method of Determining Contribution of Storm Water.
1. Contributions of storm water from nonresidential properties and residential properties larger than fourplexes have been determined through aerial photography and land surface evaluation and measurement of the number of square feet of impervious surface.
2. Contributions of storm water from residential parcels up to and including fourplexes have been determined through a statistically significant sample of impervious areas within these classifications. [Ord. O-14-2010 § 1 (Exh. 1)].
13.75.020 Definitions.
For the purpose of this chapter, the following terms, phrases and words shall have the following meanings:
A. “City” means Eagle Mountain City, a municipal corporation of the state of Utah.
B. “Council” means the city council.
C. “Customer” or “person” means any individual; public or private corporation and its officers; partnership; association; firm; trustee; executor of an estate; the state or its departments, institutions, bureaus, agencies; county; city; political subdivision; or any other governmental or legal entity recognized by law.
D. “Developed parcel” means any parcel which has been altered by grading or filling of the ground surface, or construction of any improvement or other impervious surface area thereon.
E. “Director” means the director of the department of public works or the director’s designee.
F. “Equivalent residential unit (ERU)” means a configuration of development, or impervious surfaces on a parcel, contributing runoff to the city’s storm water system or which represents the estimated use of the system that is approximately equal to that contributed by a single-family residential parcel. A single-family residential parcel has been determined to contain an average of 2,500 square feet of impervious surface. One ERU is equal to 2,500 square feet of impervious surface area.
G. “Impervious surface” means that hard surface area of a parcel which either prevents or retards the entry of water into the soil mantle and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that which would be present under natural conditions. Impervious surfaces may include, but are not limited to: rooftops; concrete or asphalt paving; walkways; patios; driveways; parking lots or storage areas; trafficked gravel; or other surfaces which similarly impede the natural infiltration into the ground or runoff of storm and surface water.
H. “Nonpolluted,” when used in connection with water or any other referenced medium, means that such medium shall not have been contaminated with a pollutant, as defined under Utah law.
I. “On-parcel mitigation” or “mitigation” means storm water control facilities designed to city standards located on the parcel, which either hold or detain runoff for a short period of time and release it to the storm water system, or hold and retain storm water for an indefinite period of time and disperse it by evaporation or infiltration into the ground.
J. “Parcel” means the smallest separately segregated unit or plot of land, with a person or persons identified as owner(s), having boundaries, and surface area, which is documented and given a property number by Utah County (“county”).
K. “National Pollutant Discharge Elimination System (NPDES) Storm Water Regulations” means the provisions of the federal Clean Water Act establishing specific permit requirements for the control of storm water discharges.
L. “Single-family residential parcel” means any parcel of land which is improved with a dwelling unit as defined by city code.
M. “Storm water” means water produced by storms, surface drainage, snow and ice melt, spring flows, ground water and other water handled by the storm water system.
N. “Storm water facilities” means any facility, improvement, development, property or interest therein made, constructed or acquired for purposes of controlling storm water quantity and quality.
O. “Storm water system” means the city storm water system comprised of storm water facilities, streets and any other features which store, control, treat and/or convey storm water.
P. “Storm water utility” or “utility” means the utility created through this chapter which operates, maintains, regulates and improves city-owned storm water facilities and programs within the city.
Q. “Undeveloped parcel” means any parcel which has not been altered by grading or filling of the ground surface, or by construction of any improvements or other impervious surface area which affects the hydraulic properties of the parcel. [Ord. O-14-2010 § 1 (Exh. 1)].
13.75.030 Potential hazard declared.
The city council finds and declares that without effective maintenance, operation, regulation and control, existing storm water drainage conditions within the city constitute a potential hazard to the health, safety, welfare and property of the city inhabitants. All publicly owned manmade storm water facilities and conveyances, and natural storm water drainage within the city’s limits, except those which may be included under authorization issued to counties by state law for management of certain storm water runoff, constitutes the city’s storm water system. [Ord. O-14-2010 § 1 (Exh. 1)].
13.75.040 Storm water utility and fund.
There is created and established a storm water utility to be known as the utility or the storm water utility and a storm water fund in the city budget and accounting system. [Ord. O-14-2010 § 1 (Exh. 1)].
13.75.050 Ownership of city storm water facilities and assets.
The utility shall operate, maintain and improve all city storm water facilities used for the conveyance of storm waters through, under or over lands, watercourses, beginning at a point where storm waters first enter the storm system of the city and ending in each instance at a point where the storm waters exit from the system. Governmentally owned streets and storm water facilities operated and maintained by, or for, the county shall not be deemed storm water facilities. [Ord. O-14-2010 § 1 (Exh. 1)].
13.75.060 Unlawful to discharge pollution – No polluted waters discharged to storm water system.
The only substances dischargeable under this chapter into the city’s storm water system are naturally occurring precipitation and resulting storm water, surface drainage, subsurface drainage, ground water, roof runoff, cooling water or nonpolluted water. Such waters may be discharged only into storm conveyance facilities which have adequate capacity for the accommodation of such waters. Such discharged waters shall comply with the storm water discharge quality standards established by applicable state and federal law. It is unlawful to discharge or release to the city storm water system any trash, landscaping waste, soil, flammable or explosive solid, liquid or semisolid material, oil, grease or other hydrocarbon waste, regulated herbicide, pesticide or rodenticide, animal wastes or parts of any kind or any other material regulated as a pollutant to the waters of the state of Utah.
Violations of this section shall be punished by a fine of not to exceed $1,000 per occurrence per day and one year in jail and restitution for all damages caused by the violation. [Ord. O-14-2010 § 1 (Exh. 1)].
13.75.070 System of rates and charges.
A. There are hereby imposed storm water service fee rates and charges on each parcel of real property within the city, except governmentally owned streets and storm water facilities operated and maintained by, or for, the county. The charges shall fund the administration, planning, design, construction, water quality programming, operation, maintenance and repair of existing and future storm water facilities.
B. The utility’s storm water service charges are as follows:
1. Single-family residential parcels shall constitute one ERU and are charged $3.00 per month.
2. Multifamily parcels including zero lot line subdivisions and condominium units shall constitute 0.75 ERUs per residence and are charged $2.25 per month.
3. Undeveloped Parcels. Undeveloped parcels shall have no charges assessed against such parcels.
4. Other Parcels. The charge for all other developed parcels shall be based upon the total square feet of parcel area surface multiplied by 0.75 which shall be rounded to the nearest whole number to calculate serviced acreage. One ERU is equal to 0.75 acres of serviced area. The actual total monthly service charge shall be determined by multiplying the total ERUs of serviced area for a parcel by the monthly rate of $3.00.
5. Credit for On-Parcel Mitigation. Nonresidential parcels having constructed on-parcel storm water detention or retention facilities are eligible for a pro rata service reduction to the owner of the parcel upon demonstrating that the amount of storm water actually released from the parcel to the city system is no greater than the amount released from a residential dwelling unit.
6. Nonservice Abatement. A parcel which is not directly served by the storm water utility shall be entitled to an abatement of the service charge for said parcel. In order to receive such abatement, the owner, or the owner’s agent, shall apply, in writing, to the public works director, or the director’s designee. [Ord. O-14-2010 § 1 (Exh. 1)].
13.75.080 Billing and collection.
A. Billing. The city utilities department shall cause billings for storm water utility services to be rendered periodically to the person who is the owner of the parcel, or the owner’s agent, who has signed for water and/or sewer service to the parcel. The amounts to be billed shall be included on the existing utilities bill as a separate line item. A storm-water-only billing will be sent to those persons who are owners of parcels within the city but are not currently city utility customers.
B. Collection.
1. In the event partial payment is made on a combined bill, the payment shall be applied to each service on a pro rata basis.
2. In the event of delinquency, fees and charges levied in accordance herewith shall be a debt due the city. Delinquent payments shall be deemed delinquent and subject to recovery as provided in the city consolidated fee schedule and/or the city shall have the right to terminate water and services to the premises. Any uncollected amount due from the person or persons who own the parcel on any inactive, terminated or discontinued account may be transferred to any active account under the same person’s or persons’ name(s) and, upon failure to pay such bill after at least five days’ prior written notice, water and other city services to that account and parcel may be discontinued.
3. Restoration of Service. Water and sewer service shall not be restored until all charges have been paid in full.
4. Utility Enterprise Fund. All funds received from such storm water service charges shall be placed in the enterprise fund and left separate and apart from all other city funds. The collection, accounting and expenditure of all storm water utility funds shall be in accordance with existing fiscal policy of the city. [Ord. O-14-2010 § 1 (Exh. 1)].
13.75.090 Appeal of charges.
A. Single-family and duplex parcels larger than 0.25 gross acres, but having less than 3,000 square feet of impervious surface, may request a reduction of service charges to the level of $3.00 per month.
B. Any owner or person who considers the city’s storm water charge applied to their parcel to be inaccurate, or who otherwise disagrees with the utility rate determination, may apply to the director for a service charge adjustment. Such a request shall be in writing and state the grounds for such an appeal.
C. Any appeal under this chapter shall be filed in writing no later than 20 days after said billing. Any subsequent appeal shall be brought within 20 days after the date of the appealed decision.
D. Nothing in this chapter shall be construed to grant a right to judicial review which does not otherwise exist at law. [Ord. O-14-2010 § 1 (Exh. 1)].