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County keeps water‑quality design in CIP to prepare for MS4 permit obligations after $2.6M grant reduced near‑term capital need

2138794 · January 22, 2025
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Summary

County staff said a September 2014 $2.6 million grant reduced near‑term capital needs for watershed work but recommended keeping design lines in the CIP because the work will count as credit toward anticipated NPDES MS4 permit obligations.

County staff told commissioners that although a September 2014 grant of $2.6 million reduced the county’s near‑term capital requirement for watershed implementation work, the county must retain design entries in the CIP so future construction can qualify as credit toward anticipated NPDES MS4 (municipal separate storm sewer system) permit obligations.

Key points

- Staff said the watershed‑implementation plan (WIP) items in the CIP are separate from a potential “rain tax” (the MS4 permit obligations are applied through the state/EPA framework). The $2.6 million grant covered a meaningful portion of the county’s near‑term capital commitment and came with a strict time frame for completion.

- Because the WIP work will also generate credits under the MS4 program once the state requires regulated jurisdictions to meet impervious‑area treatment percentages, staff recommended keeping the design phases in 2018 so the county can respond quickly when the state issues final MS4 requirements.

Why it matters: The county qualifies now for MS4 treatment requirements; keeping design and some program work in the CIP positions the county to respond quickly and count earlier projects toward permit obligations rather than deferring everything until a later funding cycle.

What commissioners were told about timing and funding

- Staff said energy to push some construction farther right on the schedule because state timing for WIP and MS4 requirements has shifted, but they recommended keeping design and planning steps to be ready for the state’s likely schedule.

- Commissioners were warned that the CIP presented in the meeting does not fully address any future “rain tax”; the WIP/CIP entries are intended to meet watershed planning and implementation needs and to generate MS4 credits, not to satisfy an eventual separate county tax if imposed.

Next steps

Staff will keep design lines in the CIP, continue to expend grant dollars under the WIP schedule and return with updated timing and cost estimates as state direction on MS4 is clarified.