R2008-184 AUTHORIZING A MEMORANDUM OF UNDERSTANDING MS4 AGREEMENT

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� ' Other local MS4s include Macon County, the Village of Forsyth, and the Village of Mt. Zion. The City of Decatur began meeting with our neighboring local MS4s in 2002 to discuss and work together to address NPDES issues. For example, the Storm Water Ordinance, approved by Council on March 6, 2006, was written collaboratively with the other local MS4s in order to provide consistent guidelines for development in each community. Some of the requirements of the City of Decatur's NPDES pernut include: • Site plan review for sediment and erosion control systems, • Site inspection and enforcement of sediment and erosion control systems, • Post-construction site inspections, and • Verification of long term operation and maintenance of storm water management facilities, such as detention basins • Provide educational programs to the community There are two basic alternatives to accomplishing these requirements: 1. Accomplish this work with in-house staff. 2. Contract with an outside agency. As Decatur, Forsyth, Mt. Zion and Macon County all need the same services and have a history of collaboration with NPDES matters, it makes sense for the four agencies to jointly contract with the Macon County Soil and Water Conservation District to provide the necessary services. The SWCD has the expertise to accomplish the work and also has available stafftime. The cost of contracting with SWCD for work required by the NPDES permit will be less than the cost of adding City staff. The SWCD will receive compensation for assisting the local MS4 communities in various ways. First, each local MS4 community will pay a$1,000 fee per year for the SWCD to provide a minimum of two educational programs to the community. The programs would be geared towazd the construction industry, community organizations, schools and the general public. Next, the SWCD will do inspections of elcisting storm water management facilities, such as detention basins, for each ofthe local MS4 communities. Approximately 25%of existing facilities will be inspected each year at a cost of$1,000 per year per MS4 community. Finally, the SWCD will charge developers,builders or landowners a fee to inspect construction sites for compliance with NPDES requirements and the City's Storm Water Ordinance. Inspections will be required on any development site that is greater than 1 acre in azea or less than 1 acre but a part of a larger development. Fees will vary as follows: • Land disturbing activity that disturbs 1 or more acres of land: $500 first 5 acres and an additional$50/acre after that. • Land disturbing of less than 1 acre of land that is part of a larger planned development that affects more than 1 acre of land: $50.00 for review and inspections. • Land disturbing activity of less than 1 acre of land that poses a unique threat to water, public health or safety: $100 for review and inspections. • Construction or operation of borrow pit: $25.00 filing fee and review The mechanism for documenting the sites that require inspections and assuring payment of the inspection fee is the Land Disturbance Permit, which was established in the Storm Water Ordinance, Chapter 38 of the City Code. Page � 2