Storm Water Ordinance Gets OK — No Fees Yet; Maximum Fine is $1,000

By Wayne Risher risher@desotoappealcom

DeSoto County supervisors passed a storm water ordinance Monday but included no fees and set the effective date at Nov. 1, 2006.

The Board of Supervisors voted 5-0 to enact the rules, which carry maximum fines of $1,000 a violation.

Later, the board delayed until Thursday a proposal to seek state legislation to create a storm water utility district that would oversee storm water rules and drainage issues.

The storm water ordinance affects a laundry list of everyday facilities and activities: commercial car washes and laundries, spilled oil or chemicals, radiator flushing, improper disposal of toxic fluids from households or automobiles, and discharges from septic tanks.

The ordinance spells out precautions that developers must take to prevent silt and other substances from washing off construction sites into streams, rivers and lakes.

It exempts industrial discharges that have separate permits and the water used in firefighting.

The county was under the gun from state Department of Environmental Quality officials to approve the ordinance this year and put it into effect next year, assistant county engineer Scott Young said.

Counties and cities are required to guard against pollution of water that runs off after rain storms as part of an unfunded mandate by the federal government.

DeSoto County, Southaven, Olive Branch and Horn Lake have until March 2008 to fully comply with federal clean water rules, but the feds haven’t provided money for the extra paperwork and monitoring required under the law.

Young said officials haven’t figured out yet the costs associated with the ordinance, including the number of employees that will be needed to enforce it.

Some drainage inspectors already work in the county Department of Road Management.

Department manager Russell Dorris said, “It may be we’re able to work with existing employees, but we don’t think so.”

The effective date is one month after the county’s next fiscal year begins. That should allow enough time to figure out the staffing and fee requirements.

Supervisor Allen Latimer asked about a provision calling for fines to be assessed per day that a violation occurs.

Young said the penalty provisions were patterned after those in other areas of the state. If a violation is bad enough, authorities probably would put a stop-work order on it to prevent a continuing problem, he added.

Latimer said, “I know it’s got to be steep, or people wouldn’t do it.”

– Wayne Risher: (901) 333-2031