R2008-184 AUTHORIZING A MEMORANDUM OF UNDERSTANDING MS4 AGREEMENT

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. � ' Engineering & Infrastructure Memorandum I NO. 2008-98 Date: October 28,2008 TO: Honorable Mayor Carrigan and City C ncil Members . � v ' FROM. Ryan P. McCrady, City Manager �N" � ��, Richard G. Marle P.E. En meerin & Infrastrn,�u�I31r�Ctor Y> > g g RE: Memorandum of Understanding with Macon County Soil & Water Conservation District, Macon County,Village of Forsyth and Village of Mt. Zion SUMMARY RECOMMENDATION: It is recommended by staff that the City Council approve the attached Memorandum of Understanding between the City of Decatur and the Macon County Soil & Water Conservation District (SWCD) and that the Mayor be authorized to execute the agreement, and the City Clerk to attest. This Memorandum of Understanding is for a fee not to exceed $2,000. BACKGROUND: Prior Council Action: • March 6, 2006—Council approved Ordinance No. 2006-13 amending City Code Chapter 38, by adopting the City's Storm Water Ordinance. • September 15, 2008—Council was advised by Green Sheet Memo of the City's obligation to regulate public and private construction sites to reduce soil erosion. Staff recommended entering into an agreement with the Macon County Soil and Water Conservation District to provide construction site inspections. The US-Environmental Protection Agency (US-EPA)regulates the discharge of storm water into the waters of the United States based on the Clean Water Act (The Federal Water Pollution Control Amendments of 1972). Under this act, the City of Decatur must obtain a National Pollutant Discharge Elimination System (NPDES)Permit. Part of the obligation of the permit includes an obligation for the City to regulate private and public construction sites to reduce soil erosion. City staff has been working toward entering into an agreement with the Macon County Soil & Water Conservation District (SWCD)to assist in satisfying some of these obligations. In 1999, Phase II regulations of the National Pollutant Discharge Elimination System (NPDES) Storm water program, created under the Clean Water Act, were issued by the US- EPA. This regulation requires Decatur and other communities with populations under 100,000, with both storm and sanitary sewer systems, known as municipal separate storm sewer systems (MS4s),to obtain an NPDES permit. The permit requires that the City select and implement a number of"best management practices"to eliminate stortn drainage pollution. Page � 1