Lexington, KY - Many of us have given thought to sanitary sewer concerns during our lives because we have had to deal with clogged kitchen sinks, overflowing toilets, stopped up showers, or overflowing manhole covers. On the other hand, most of us take for granted our beautiful, flowing creeks and streams that run throughout our neighborhoods, and our pastoral lands that serve as a source of sustenance for our wildlife. Now, water quality of our streams and stormwater run-off has become a front-and-center issue.
For decades, Lexington-Fayette County has been violating the federal Clean Water Act. In a nutshell, this means that we have been polluting our streams to the point that many of them do not support aquatic life. Because of our poor water quality, the federal Environmental Protection Agency (EPA) and the Kentucky Energy and Environment Cabinet (KYEEC) filed a lawsuit in federal court to require Fayette County to clean up its streams. The resulting Consent Decree, a legally binding agreement that will become final when signed by the federal judge, also requires our community to fix $30 million of stormwater flooding over a period of ten years.
It's important to understand exactly how stormwater run-off and polluted streams are related. Do you fertilize your lawn or use pesticides on your flowers? Do you wash your car with soapy water on your driveway? Have you ever sprayed your tomato plants or garden with any chemical product? Or, how about this: do you leave your dog's or other animal's waste in your back yard or property? Have you ever raked leaves or poured oil or other substances down the curbside storm drain? These are some of the actions people take that have a direct, negative impact on our streams.
In undeveloped areas stormwater falls onto the earth and is soaked in, with some soaked up by tree roots or bushes. In our developed areas, stormwater runs over paved driveways, parking lots, roads, roofs, barns and other man-made impervious surfaces, taking with it all the chemicals and pollutants the water picks up before it goes into the stormwater inlets at the curb or into the ground. This water drains directly into our streams.
In order to pay for the requirements of the Consent Decree, and at the request of the mayor, an Urban County Council task force has proposed a monthly water quality management fee. The task force recommended the following: a proposed monthly fee of $4.32 per Equivalent Residential Unit (ERU). One ERU equals 2,500 square feet of impervious area. Single family homes and duplexes will pay a monthly fee of $4.32 to clean up our streams and fix major residential and commercial flooding. Farm parcels with development will pay the same. Apartments with condominiums with three units or more in a single building are considered non-residential. Non-residential businesses, churches, commercial property, schools, universities and non-residential entities would pay $4.32 per 2,500 square feet of impervious surface. Annual revenues generated would be approximately $13 million. Undeveloped property will not pay the fee.
Some of the major ways these dedicated funds will be used are to pay for capital flooding projects, watershed modeling, stream restoration, green infrastructure, mapping our storm water system's pipes, litter cleanup, education programs and monitoring and compliance of illegal dumping. Also, the proposal states that it will use $1.2 million yearly as incentives and grants for neighborhood and commercial projects that improve water quality. The incentives will be allocated as follows: residential ($200,000) and non-residential ($1 million) properties.
We all know that many businesses and manufacturing interests contribute to the stormwater flooding problem, but there is little public information about the fact that these businesses are also victims of the problem. These businesses need help as well.
Those of us in the profession of selling residential and commercial properties advise sellers to disclose any issues of water, sewer, or environmental hazards associated with the property. Furthermore, the seller's response is specifically asked on the residential seller disclosure form if there are any violations of local, state, or federal laws, codes, or ordinances relating to the property. Commercial properties being purchased are scrutinized even closer; a detailed environmental engineering report is required by most lenders and purchasers.
Despite their concerns about the ordinance, businesses cannot ignore the city's efforts to implement a water quality management fee, because it is not likely to go away. Ideally, the business community will be proactive and demonstrate its willingness to take the matter seriously and deal directly with these issues. Some companies will decide that it is in their best interest, as well as that of the entire community, to lead the way toward mitigating water quality problems. Others will continue to see the cost as prohibitive or unnecessary. Ultimately, we have no choice; there are public safety and health issues related to water quality (impaired streams) and water quantity (flooding).
The task force met weekly for three months, during which time they considered how to make this dedicated fee simple to administer and fair to our citizens. They have built in a requirement to audit the fund and review the fee every five years, as well as to offer financial assistance to low-income and elderly people. Upon approval by the council, the fee cannot begin immediately. First, there must be a billing database developed, as well as public outreach programs. It is thought that the earliest the fee can be implemented is January 2010, when it would be included on our water bills, comparable to the sanitary sewer user fee.
Storm water and sewer problems in this community are decades old and not exclusive to our city. Storm sewer maintenance, like any property maintenance, must be ongoing. Incentives for neighborhood and commercial projects are an essential piece of the overall fee structure, along with a behavioral change on how we manage sustainability in our community. The second reading of the ordinance is scheduled for May 7, and a public meeting will more than likely be held prior to that date. More information on the proposal can be found at www.lexingtonky.gov.
Although your house or business may not flood and you may not have a creek on your property, storm water and water quality are linked to all our properties. We need to be able to attract businesses and their employees who look for communities with high quality of life standards, and neighborhoods that are protected. It's the right thing to do.
Jennifer Mossotti, CCIM, is a Realtor with Prudential de Movellan Real Estate and former LFUCG Councilmember.