Ottumwa City Council tables storm-water ordinance

BY CINDY TOOPES COURIER STAFF WRITER

December 05, 2008 12:10 pm

OTTUMWA — Put it on the table. Discuss it. Add a credit system.
That’s what the Ottumwa City Council plans for “it” — the proposed storm-water ordinance, which was up for its second reading during this week’s meeting.
The council wanted more discussion and information and voted unanimously to table the ordinance, which means the proposed law will start over in the approval process.
Public Works Director Larry Seals brought the proposed ordinance to the council because the new law is required by the city’s MS4 (Municipal Separate Storm Sewer System) NPDES permit, which was issued by Iowa Department of Natural Resources. NPDES stands for National Pollutant Discharge Elimination System.
Councilman Keith Caviness asked if anyone in the city will be able to voice their concerns about the rates the new utility will charge.
Seals said the second reading was before the council and he would answer any questions. He said the best method for business may be a credit system, which he planned to present at a later meeting.
Councilman Bob Meyers said he had “read and re-read” the storm-water information and didn’t like “being told we have to do them.”
“This all goes back to the DNR. They issued that permit and now we have to do nine or 10 things,” he added.
“Yes, there are certain goals, samples, rules and ordinances that have to be done,” Seals said. “It’s another unfunded mandate.”
The city’s MS4 permit sets out additional requirements for testing and sampling of every point source within the city limits, according to Seals’ staff report.
The permit also requires these unfunded mandates:
• Development of a storm-water pollution prevention and management program.
• Public education and outreach on storm-water impacts.
• Public involvement and participation.
• Illicit discharge detection and elimination.
• Construction site storm-water runoff control (ordinance passed Jan. 16, 2007).
• Post-construction storm water management (ordinance passed March 4, 2008).
• Pollution prevention/good housekeeping.
• Annual reporting.
• Mapping the storm-water system (city now has 15.9 miles of existing storm system).
Seals also said the city has worked on the proposed ordinance and its “needs list” for more than a year.
“This work consisted of determining a method that’s equitable to residential and commercial users,” he noted.
Meyers said the Des Moines River water has been tested north and south of Ottumwa. After the water flows past the city, it has no additional pollution.
Councilman Gordon Aistrope asked if the council wanted to table the matter.
Seals said he “could bring back everything and how we got to here.
“We may be able to alternate on credits for large businesses,” he added.
Aistrope noticed a section that indicated the council was the final authority. He said citizens can “appeal a council decision to district court.”
“That would be a good discussion item,” Seals said.
Meyers wondered about runoff in areas that lack catch basins.
“The way the DNR writes it — if the problem occurs in the city, is the city responsible?” he said.
Seals said the city is responsible for everything within the city limits, “especially the illicit discharges.”
“Does this [ordinance] apply to the rest of the county and the towns therein?” Caviness said.
“No, it’s just us,” Seals said. “We have the MS4 permit because of the Oxbow Lagoon, which is a 303D impaired body of water and it came up on DNR’s ‘radar screen.’”
Cindy Toopes can be reached at (641) 683-5376 or via e-mail at cindy@ottumwacourier.com.

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