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Utah County staff outline new stormwater ordinance after state withdraws exemption

Utah County Board of County Commissioners · February 19, 2020
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Summary

County public works staff told commissioners the state removed a long-standing exemption and is requiring county permitting under MS4 rules; staff previewed an ordinance and said a fee schedule will follow once the ordinance is adopted.

Richard Dilson, Utah County Public Works director, told commissioners the county must adopt a new stormwater ordinance after the state withdrew a population-based exemption and required the county to obtain a municipal separate storm sewer system (MS4) permit. “You have 650,000 people in the county,” Dilson said, and the state cited population thresholds and proximity to permitted municipalities when revoking the exemption.

Dilson summarized the permitting history, saying the county submitted MS4 paperwork about five years ago and that the state concluded the county no longer met the exemption criteria. He added the state evaluates both unincorporated population and adjacency to municipalities that already hold permits.

Commissioners asked about the statutory basis for the requirement and whether it derived from state action or the EPA; Dilson and other staff said the state administers the program and applied the population/proximity interpretation that triggered permitting. Staff also told the commission that a fee schedule tied to development permitting will be presented after the ordinance is adopted.

No formal action was taken at the work session; staff said the item will return to the regular agenda for formal consideration and to present a proposed fee schedule.