Hurricane staff, consultant outline MS4 stormwater plan and March adoption timeline

Paul, a consultant with JUB Engineers, told the Hurricane City Council on the evening of the regular meeting that the city has been designated a regulated MS4 (municipal separate storm sewer system) and must adopt a stormwater management plan (SWMP) under the Utah Pollutant Discharge Elimination System (UPDES).

The plan sets goals across six federally required minimum control measures — public education and outreach; public involvement; illicit discharge detection and elimination; construction site stormwater controls; post-construction stormwater management; and pollution prevention/good housekeeping for municipal operations — and must be implemented over a five-year permit cycle, Paul said.

The consultant warned the council that the designation is effectively an unfunded mandate: "It is an unfunded mandate, so there's no money that comes with it. And you'll be expected to, come up with a way to finance the program," Paul said. He told the council the city will need staff time, and likely new hires, to meet inspection and reporting requirements, and that some program elements can be shared with neighboring jurisdictions through an existing regional coalition.

Why this matters: The Virgin River is listed as impaired, and the state added Hurricane to the regulated list in 2024. A SWMP creates the local program the state will review and later audit; failure to make a good-faith effort can lead to deficiency findings and, in extreme cases, fines. Paul told the council the first-year focus will be establishing systems and training; full implementation is expected to ramp over the five-year permit.

Key details: - Deadline and process: Council was told the city needs to submit an adopted SWMP to the state in March 2025 and conduct a public hearing as part of the public-involvement requirement. Staff and the consultant discussed timing, including posting the draft a week before the hearing to allow public review. Paul said March 30 (approximate) is the state deadline to adopt the plan and submit it. - Staff and funding: The presentation repeatedly noted that the program will require staff time and suggested hiring at least one staff member designated to oversee the program; Paul said monthly construction-site inspections will be required and that volume of local construction may make inspections a full-time job. - Regional cooperation: Paul encouraged the city to join the Southwest Utah stormwater coalition for shared public education and contractor training materials. He said coalitions can charge modest annual fees but reduce duplication of effort.

Council response and next steps: Councilmembers asked about public notice timing, available monitoring data for the Virgin River, and how the state enforces the program. Paul said impaired-water studies and statewide reports are public and that the state usually uses the first audit as an educational process if the city demonstrates effort. No formal council vote occurred during the presentation; councilmembers agreed staff will finalize the draft and schedule a public hearing at a March meeting. Paul and staff said they will provide a revised draft with assigned staff responsibilities and contact names so the plan is ready for public posting.

The consultant recommended the council prioritize assigning named staff responsibilities (with contact information) in the SWMP and budgeting for a program coordinator and inspection capacity. Paul said the state expects an annual report due each October to summarize progress on the SWMP goals.

The council asked staff to finalize the draft for public posting and to return with the plan and a public hearing recommendation at the March council meeting so the city can meet the state timeline.