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Provo City Municipal Council makes the following findings with regard to storm water runoff and the City’s storm drainage system:

(1) The City has an existing storm drainage system that consists of a network of manmade and natural channels, structures, and conduits that collect and convey storm water runoff.

(2) Land development alters the hydrologic response of watersheds by converting natural ground to impervious surfaces, resulting in increased storm water runoff rates and volumes, increased potential for flooding, increased stream and drainage channel erosion, and increased sediment transport and deposition.

(3) Storm water runoff produced by land development activities places increased demands on the City’s storm drainage system.

(4) Any or all of the following conditions can result from uncontrolled or inadequately controlled storm water runoff:

(a) Property damage,

(b) Erosion and sedimentation,

(c) Contaminated ground water supply,

(d) Hindered ability for the City to provide emergency services to its residents,

(e) Impeded traffic flow, and

(f) Health and life safety hazards to citizens within the City.

(5) Storm water runoff potentially carries concentrations of grease, oil, nutrients, chemicals, metal, toxic constituents and otherwise undesirable materials that may cause adverse effects on the receiving waters, including ground water.

(6) All developments within the City benefit from the City’s operation and maintenance of the storm drainage system.

(7) The Environmental Protection Agency (EPA) and the Utah State Department of Environmental Quality (DEQ) have increased storm water regulations as part of Phase II of the National Pollutant Discharge Elimination System (NPDES) and the Utah Pollutant Discharge Elimination System (UPDES) that will motivate the City to commit additional resources to implement and maintain the following programs as they relate to storm water quality:

(a) Public Education and Outreach on Storm Water Impacts,

(b) Public Involvement/Participation,

(c) Illicit Discharge Detection and Elimination (IDDE),

(d) Construction Site Storm Water Runoff Control,

(e) Long-Term Storm Water Management in New Development and Redevelopment (Post-Construction Storm Water Management), and

(f) Pollution Prevention and Good Housekeeping for Municipal Operations.

(8) A storm water utility is the most equitable and effective method of managing storm water runoff in the City, complying with State and Federal regulations, and ensuring that each property in the City pays a fair amount to the extent that it contributes to, benefits from, and otherwise uses the storm drainage system.

(9) Adopting this Title is necessary for the preservation of public health, safety, and welfare, as well as preservation of the quality of waters that receive storm water runoff.

(Enacted 2014-21, Am 2019-66)