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Property owners, developers in city will face new drainage control requirements

By JIM BROOKS
Nelson County Gazette

Tuesday, Sept. 6, 2011, 11:55 p.m. Developers who wish to build in the City of Bardstown will face new drainage and storm water requirements that – once approved – will likely add to the cost of development while improving water quality in area creeks and streams.

JESSICA FILIATREAU

City engineer Jessica Filiatreau explained in detail a draft version of a new drainage control ordinance that would update the existing ordinance and put the city regulations in compliance with federal EPA requirements.

While many of the requirements in the ordinance are not new, there are a number of new provisions mandated by the EPA. The new ordinance also addresses post-construction storm water quality.

“This addresses water quality – not just as we are building and constructing the site – but from the time you’re done with construction and from that point forward,” Filiatreau said. “It’s a little different mindset than what people are used to.”

For example, subdivision planning will need to take into account the storm water drainage needs of the development in relation to the natural drainage of the property. By implementing a variety of techniques, some of the pollutants and sediment can be removed from the storm water before it flows into creeks and streams, resulting in improved water quality.

There are a variety of methods that can be used depending on the site and the size of the development, Filiatreau said. “You’re utilizing the lay of the land in your favor,” she said.

The new storm water rules will also require a performance bond to insure drainage control measures are completed at any new development project in the city.

Owners will be required to perform needed maintenance to keep existing storm water drainage facilities functioning properly through a maintenance agreement that will part of the permitting process.

The agreement will stipulate that property owners with storm water facilities will be required to check their facilities annually and certify to the city they are being maintained properly.

Due to the city’s growth and population density, it now must meet the permitting requirements for Municipal Separate Storm Sewer Systems (MS4s).  Under those guidelines, the city is required to develop a storm water management program to reduce the contamination of storm water runoff and prohibit illicit discharges.

Larger communities like Louisville and Lexington have been working under MS4 regulations for more than 10 years, Filiatreau told the council. Construction in the county will not be required to meet the storm water requirements, she said.

The city is prepared to conduct water quality measurements inside drainage areas and streams in the city limits to establish a baseline.

The MS4 requirements aren’t anything new, Filiatreau said. They have been applied to larger cities since 1990. “We aren’t re-inventing the wheel by any means,” she said.

The council took no action, but the ordinance will likely be presented for first reading at the Sept. 13th council meeting.

In other business, the council:

  •  Heard from City Engineer Larry Hamilton that the city utilities have fixed two sources of inflow where storm water was entering the sanitary sewer system contributing to sewer overflows. The city used flow meters and smoke testing to help find the inflow areas. Hamilton said the city would meet with state regulators soon to update them on the sewer system progress;
  • Heard that the council was invited to participate in the Kentucky League of Cities annual convention Oct. 4-7 at the Hyatt Regency in Lexington;
  • Heard from Mayor Bill Sheckles that a resolution that would rebate the occupational tax on new jobs generated by Polyair’s decision to stay in Bardstown was on hold due to some requirements for the rebate not being met.Polyair closed its Youngstown, Ohio facility in 2010 and consolidated its operations by moving jobs to Bardstown. The move was expected to generate up to 27 new jobs. The city agreed to exempt those new jobs from its occupational tax for a period of five years once certain requirements were met.

The council will meet next on Tuesday, Sept. 13, 2011.

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