In this section:
Laws, Regulations, and
Agreements that Guide MSD
Preliminary Review
Construction Review
Bonds
Stormwater Detention
Is detention needed?
Design
Maintenance
Floodplain Ordinance
Definitions
Public Comments
Erosion Prevention and Sediment Control (EPSC)
DOW KPDES Permitting
Process
Local Plan Review and
Approval Process
Future Changes to Local
Regulatory Authority
Overview
MSD was formed in 1946 to take over the operation and maintenance of Louisville’s combined sanitary and storm sewer system and sanitary-only sewer system. The mission of wastewater treatment was added with the construction of the Morris Forman plant in the late 1950’s. In 1986, MSD, Jefferson County and the City of Louisville entered into an Interlocal Agreement, whereby MSD gained the additional responsibility for drainage throughout Louisville and Jefferson County with the exception of five cities: Anchorage, Jeffersontown, St. Matthews, Prospect, and Shively, who opted to retain drainage responsibilities. Today, MSD is responsible for:
a) A continuously expanding wastewater collection and treatment network
b) A comprehensive public stormwater drainage system for most of Jefferson County
c) The operation and maintenance of the community’s Ohio River flood protection system
d) The LOJIC computerized mapping and geographic information system, and
e) Several other programs—including stream monitoring and hazardous materials control—designed to protect and enhance the environment.
MSD is a non-profit regional utility service, whose revenue comes from wastewater and stormwater service fees and charges for extending wastewater lines and connecting new customers. Supplementary income is not received from taxes or other local government agencies. All of MSD’s revenue is used for operation, maintenance, extension, and improvement of services.
MSD is governed by an eight-member board: four members of this board are appointed by the Mayor of Louisville (with approval by the Board of Alderman) and four members are appointed by the Jefferson County Judge Executive (with approval by Jefferson County Fiscal Court). Members serve three-year overlapping terms and can be re-appointed. The full Board meets twice a month, while committees meet as needed.
Web Site: for additional MSD information, history, and updates, please see our web site at: www.msdlouky.org.
The myriad of tasks that MSD performs can essentially be categorized into two functions: District Initiatives and Administrative Review. While MSD believes that, as a public agency, we should take an environmentally proactive position on District Initiatives, we are limited in our Administrative Review functions to those powers delegated to us. In essence, this means that on projects that are initiated by MSD (or over which MSD has direct control), MSD can directly leverage its power as a market participant to encourage or require the greatest environmentally responsive utilization of the project’s resources. During Administrative Reviews, however, MSD is limited in its review capacity to specific guidelines designated for Administrative Review. It is in the Administrative Review function that many citizens question MSD actions that grant approval for developments.
In most Administrative Reviews, MSD’s function is to ensure that the development being reviewed meets certain minimum guidelines. Although in some cases, MSD may believe that there is a better way of doing a particular development, improved methods can only be suggested. The developer remains free to accept or reject any MSD suggestion, if the original plans under review meet the minimum criteria. MSD cannot impose more original plans under review meet the minimum criteria. MSD cannot impose more stringent rules than required by the laws that delegate Administrative Review power.
Laws,
Regulations, and Agreements that Guide MSD
The following is a short synopsis of the laws, regulations, and Interlocal Agreements that guide MSD.
KRS 76 is MSD’s enabling statute. KRS 76 permits a city of the first or second class, and the county containing such a city, to establish a Metropolitan Sewer District. KRS 76 establishes the procedures that govern MSD and enumerates specific powers delegated to MSD. Administratively, KRS 76.080 and KRS 76.085 authorize MSD to review and approve all plans for new sewer and drainage facilities. KRS 76.080 empowers MSD to approve and revise all plans for the county. However, KRS 76.085 limits MSD’s review and approval power of privately constructed sewers to the extent that MSD may examine, inspect, and investigate facilities constructed by private entities to ensure that the facilities are sufficient for the purposes which they are intended.
The Louisville and Jefferson County Metropolitan Sewer District was created by this Ordinance. Incorporated within this Ordinance are all of the statutory provisions of KRS 76. Like the Statute, it limits MSD to ensure that facilities are sufficient for the purposes for which they are intended.
This cooperative pact between the City of Louisville, Jefferson County and the Metropolitan Sewer District delegated to MSD all authority, powers and abilities held by the City and the County relating to flood control, and Storm and Surface Water Drainage Systems and Facilities. This Interlocal Agreement delegates to MSD the responsibility for drainage plan review for “any person or organization removing, constructing, enlarging, altering, repairing, relocating, or demolishing a storm sewer, natural water course, or other drainage facility.” Anyone constructing or altering drainage must first submit a plan for MSD approval. MSD must review the plan to ensure that the drainage facilities are “capable of handling storm waters flowing onto the improvement site from other areas, as well as storm water from the site itself.” In addition, the drainage system must be designed to discharge into a watercourse, drainage channel, or other storm water facility.
Floodplain Management Ordinance
Passed by Jefferson Fiscal Court, the Floodplain Management Ordinance designates MSD as the Administrating Agency for the Ordinance. The Ordinance outlines, in detail, several regulations aimed at reducing flood hazards in Jefferson County. Many of the regulations adopted within the Ordinance reflect requirements from other sources, such as the National Flood Insurance Program or the Clean Water Act. The Ordinance covers activities in Local Regulatory Conveyance Zones, Streams, and Floodplains. MSD is the primary permitting agency within the Ordinance, although additional permits or approvals may be required from other agencies—depending upon the circumstances. The specific regulations govern when, and under what circumstances, MSD shall approve certain activities. If a requested activity cannot be approved and a permit is issued under the Ordinance, it provides for a procedure by which a property may request a Variance from the Ordinance by the MSD Board.
The Clean Water Act created the national Pollutant Discharge Elimination System (NPDES) as a means of controlling point source pollution. The NPDES controls point source pollution through a permitting system. Authority under the permitting system has been delegated to the states. The Division of Water for the Kentucky National Resources and Environmental Protection Cabinet issues the Kentucky Pollutant Discharge Elimination System (KPDES) permits for a variety of discharges. A Municipal Separate Storm Sewer System permit (MS4) is issued to the City of Louisville and Jefferson County with MSD performing the administrative function of the City and County. Under the KPDES permits, MSD has the authority to promulgate administrative regulations to govern all direct and indirect discharges into the storm sewer system. Also, under the KPDES permits, MSD may be granted authority to review and approve Erosion Prevention and Sediment Control (EPSC) plans in accordance with a local ordinance. The current local laws for private development, however, are less stringent than the State requirements. Hence, while MSD does currently review erosion plans, the State’s Best Management Practices (BMP) requirements are the strictest requirements for land-disturbing activities of 5 acres or more. The newly created Erosion Prevention and Sediment Control Ordinance is being promulgated in response to MS4 permit requirements, and will enhance MSD’s authority to administer more environmentally friendly erosion guidelines.
Again, MSD is designated as the Administering Agency for the Ordinance. The guidelines for the Ordinance are based on several Federal laws and regulations governing designation, control, storage, and release of hazardous substances. The Ordinance mandates that those who use, store, generate, or transport hazardous material must file a plan with MSD. The plan shall be reviewed by MSD, the Health Department, the fire department of local jurisdiction, and any other appropriate agency. Final approval, however, remains with MSD. The ordinance provides for 14 requirements that the plan must meet for MSD approval. Plans that do not meet the requirements may be rejected; rejections may be appealed.
Stormwater Drainage
MSD reviews all preliminary, and construction plans for drainage in Jefferson County. It is MSD’s responsibility to ensure the safety of the public against adverse effects to other properties due to increased drainage.
Preliminary reviews are completed for all sites needing rezoning, conditional use permits, general and detailed development plans. All subdivisions also go through a preliminary review. The above mentioned plans, once approved, will go to the planning commission for public input. These plans are for concept purposes only. At the construction phase, the plans may change due to a number of reasons, including other private development in the area, and geology of the land, etc. An engineer submits these plans to MSD. MSD reviews the plans to make sure that the conceptual drainage patterns are acceptable. During review, MSD looks at the area being effected by the drainage, existing customer request and drainage problems in the area, project topography, floodplain locations, need for detention and other approvals that will be required (Division of Water, Corps of Engineers, and Kentucky Department of Transportation). Once all requirements of MSD are met, the plan is approved for preliminary only. This allows the development to be placed on the planning commission docket.
MSD performs construction review for all commercial, residential and industrial developments within Jefferson County. During this review, the construction plans must conform to the conceptual requirements of the preliminary plan (if applicable) and MSD design standards. An engineer submits these plans to start work in the field. This work cannot begin prior to obtaining MSD’s approval. Prior to obtaining full construction approval, a clearing and grading only approval may be granted, allowing the clearing and grading of the site after installation of appropriate erosion prevention and sediment control measures.
All subdivisions are required to post a bond with the county to ensure that all drainage features are installed correctly. These drainage features must be installed per the approved plan, so that the bond can be released. The record plat for the subdivision cannot be recorded until the bond is released.
Other developments may require a bond with MSD, if MSD warrants such.
Stormwater Detention
Detention basins are holding areas that limit post-developed peak flows to pre-developed levels. This requires capturing the excess stormwater runoff generated by the proposed development for controlled release into the storm system. This can be accomplished with the construction of a basin or the use of an existing lake or pond. Simple modifications to an outlet pipe or spillway can accomplish the job.
MSD requires detention basin locations to be shown on all preliminary plans. This allows the engineer to set aside some property for the basin. To ensure that enough area is set aside, the engineer must perform an approximate sizing calculation for the basin. The need for a detention basin is determined with the use of engineering models. These models will show whether or not the detention will aggravate downstream flooding. Due to the expense of these models, MSD will allow this determination to be done at construction phase for most projects. Other factors, such as the capacity of the downstream system or existing drainage problems, are considered in this process.
Detention basins are designed per the standards outlined in the MSD Design Manual. These standards require that the peak runoff discharge be lowered to the capacity of the downstream system or to pre-developed levels (whichever is more restrictive). During the review process, MSD will determine whether the basin could serve regional benefit to surrounding areas. In such cases, MSD will cost-share the project with the developer or owner. This enables MSD to have regional basins at a much lesser cost.
All detention basins must be constructed within designated open space or MSD sewer and drainage easement. This protects the basin from being filled or the construction of any buildings within the basin. Routine maintenance of the basin is the responsibility of the homeowners association or property owners. Maintenance of the outlet structure and/or dam is the responsibility of MSD.
Floodplain Ordinance
MSD reviews preliminary and construction plans to determine if they comply with the 1997 Floodplain Ordinance. The purpose of the Floodplain Ordinance is to maximize the wise and safe use of the flood prone areas of Jefferson County, ensure that flood levels are not increased, and to minimize public and private losses from flooding. The Floodplain Ordinance applies to any new construction.
The following definitions will give you an overview of the important points of the Floodplain Ordinance.
Fully Developed Watershed - Means a condition of a watershed, which most accurately reflects the ultimate land use of the watershed and its potential to cause runoff, Page 3, Definition 15.
Local Regulatory Base Flood Elevation – Floodplain created by using the runoff calculation from the Fully Developed Water, Page 4, Definition 20.
Local Regulatory Conveyance Zone – is the area produced when the Local Regulatory Floodplain is reduced to created 1/10 of a foot rise, Page 3, Definition 18. No development shall occur in the Local Regulatory Conveyance, Page 6.
Development – Means any man-made change to improve or unimproved real estate, including (but not limited to) building or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment, Page 2, Definition 5.
Blueline Streams – As defined on the USGS map.
a) No relocation, channelization, or stripping of the stream, stream banks, or channel shall occur except for public projects, such as: road crossings, installation of utilities, flood control measures, drainage and outfall pipes, detention basins, retention basins or water impoundments, and for projects with benefit to the public in preventing flooding—provided such projects are essential to protect the health, safety, and welfare of local residents, such projects are the only alternative which is viable.
b) A natural vegetation buffer strip shall be preserved at least twenty-five feet on each side of the stream bank as defined by the hydraulic model of the channel, Page 7, Section 2.
Access – On any lot created after the effective date of this ordinance, no new construction shall occur unless access to the lot is available from a road, which is at or above the local regulatory base flood elevation, Page 10-D.
Critical Facility – Means any facility which, if unusable or unreachable because of flooding, would seriously and adversely affect the health and safety of the public, to include (but without limiting effects) hospitals, nursing homes, housing likely to contain occupants not sufficiently mobile to avoid injury or death unaided during a flood; police stations, fire stations, emergency vehicle and emergency equipment storage facilities, MD emergency operations centers likely to be called upon before, during and after a flood; public and private utility facilities important to maintaining or restoring normal services before, during and after a flood; and those structures or facilities which produce, use, or store highly volatile, flammable, explosive, toxic, and/or water reactive materials, Page 2, Definition 4.
New or Substantially Improved Manufactured Home Park – Building pad must be raised no less than one foot above the local regulatory base flood elevation, Page 9-C.
Permissive Issuance – MSD may issue a floodplain permit if the proposed development is consistent with the purposes of this ordinance and safety issues are addressed.
Variances – The Floodplain Board, upon application, after public hearing may grant a variance from the Floodplain Regulations, if sufficient cause is found.
Compensation Ratios – Floodplain Compensation, at a ratio of 1:1, is required throughout Jefferson County, as part of the Floodplain Ordinance adopted in 1997. Due to severe flooding problems in the lower portion of Pond Creek, the required compensation ratio is 1:5:1 for any fill placed in the Fully Developed Local Regulatory Floodplain. The 1:5:1 also applies in Chenoweth Run of Floyds Fork and Big Run in Mill Creek. This ratio even applies when compensation is done onsite. Also, in the Pond Creek Watershed, the volume of increased runoff must be mitigated at a ratio 1.5:1 either onsite or at a Floodplain Bank as approved by MSD. This applies to developments located in the upper portion of Pond Creek, regardless of whether they are in the floodplain. Volume compensation is in addition to Definition basins or downstream improvements that are required due to localized problems. This is due to the flooding problems caused by increase runoff volume in the lower portion of Pond Creek – 1999 Communications Memorandum No. 4.
The above definitions give you a quick overview of the intent of the Floodplain Ordinance. A copy of the Floodplain Ordinance can be obtained from MSD at the address listed at the end of this section.
The public is given an opportunity to voice their concerns
at the Planning Commission Hearing during Rezoning, or if a variance is requested
from the Floodplain Ordinance requirements during the Variance Public Hearing.
Comments can also be sent to:
MSD
Stormwater Plan Review
700 West Liberty
Louisville, KY 40203
Erosion Prevention and Sediment
Control (EPSC)
EPSC on construction sites is a regulated activity in Jefferson County. The Kentucky Division of Water (DOW) issues the Kentucky Pollutant Discharge Elimination System (KPDES) Storm Water General Permit for land-disturbing activities. MSD reviews construction plans for compliance with local standards.
The DOW KPDES permit applies to construction activities disturbing 5 or more acres of land. The permit requires that EPSC plans be designed to achieve 80% removal of total suspended solids that may leave that particular site through the life of the construction activity. To apply for coverage under this general permit, the permittee or financially responsible party submits a Notice of Intent (NOI) form 48 hours prior to commencing the land disturbing activity. By signing this NOI, the permittee validates that all standards required by the general permit have been met or exceeded. There is no plan require or approval mechanism by the DOW for this permit.
MSD is the local regulatory authority for EPSC plans review and approval. This process applies all construction activities under MSD approval authority, regardless of disturbance acreage. The review of single-family structures, utilities and state construction activities is not under MSD’s authority at this time.
Although an EPSC permit from MSD is not currently required, MSD reviews plans for the protection of sensitive environmental resources from impact by construction activities. Protection is achieved through the use of structural and non-structural standards, as outlined in the MSD Design Manual, Standard Drawings and Standard Specifications. MSD does not review for the DOW 80% design removal of total suspended solids standard.
The approval mechanism for MSD is a signed and dated stamp placed on the drawings. For subdivisions, a letter of approval is also sent to the person financially responsible for the activity. The DOW does not issue a “permit” for EPSC; therefore, our approval is not conditioned on a permit from the DOW. Our approval is conditional for the other programs, such as 401 Water Quality Certification project and the Floodplain Permit program.
The metropolitan area of Jefferson County is obligated to satisfy the requirements of this community’s Municipal Separate Storm Sewer System (MS4) Permit for the DOW. This permit requires the co-permittees to adopt and administer an EPSC ordinance. Currently, a draft of this ordinance has been sent to Fiscal Court for consideration of adoption or enactment. This ordinance would give MSD the ability to enforce EPSC provisions equal to that currently required by the DOW through plan review and the issuance of an actual permit.