Guidelines

MSD's role as a stormwater utility is based on its responsibility to deal with problems involving public water in its drainage service area.  In filling this role, MSD has developed principles to be used when reviewing drainage service requests to determine whether MSD should accept responsibility for addressing a particular drainage service need.  These principles are based on MSD's vision, mission and core values.

Each drainage service need is different, and thus the application of these principles can only be on a case-by-case basis.  However, it is essential to strive for consistency in their application.   This consistency can best be achieved by considering all factors involved in a particular drainage situation.

Although these principles address MSD's responsibility within the drainage program, they do not speak to resource constraints, and MSD's ability to address any request or type of request within a particular time frame.  These principles have intentionally been drafted so as to be blind to MSD resource levels.  It is MSD's position that accepting responsibility for a drainage need is foremost; resource constraints come into play in establishing the timing of the request resolution.  A method for establishing the timing of request resolution has been developed and is entitled Prioritization of Requests.  This method must be used in conjunction with the following principles:

Principles:

• MSD is responsible for all problems within MSD's drainage service area and jurisdiction and which are caused by public water.

• MSD is responsible for all problems caused by a MSD drainage facility, or by MSD's drainage improvement operations.

For purposes of these principles, the following definitions shall apply:

1. Public Water:   Public water is water that flows from more than one property or from public lands or rights-of-way.  The following are examples of public drainage:

   • Runoff water from a street that flows onto private property; or
   • Runoff water from two or more properties that flows onto another property.

   Examples of private, rather than public drainage are:

   • A drainage problem affecting only one property and caused by conditions on that one property; or
   • A drainage problem affecting one property and caused by conditions on a single adjoining property. 

2. MSD Drainage Facility:   A MSD drainage facility is any open ditch system, pipe or conduit and all appurtenances, which convey public water, and which are located in the MSD drainage service area and are not a part of the City of Louisville, the County, or the State drainage authority as described in the various memorandums of understanding executed by each of the governmental agencies and MSD.

Application of Principles:

Within MSD:  These principles should be applied by any MSD personnel responsible for reviewing a drainage service request and evaluating a recommendation for solution, or by any MSD personnel responsible for communicating to a customer MSD's position regarding responsibility for resolution of a drainage service request.  MSD will support the application of these principles by those persons responsible for their application.  The intent is to minimize the extent of internal discussions after a decision has been made; however, any perceived misapplication should be addressed in a manner so as to improve future applications of these principles.

Easement Requirements:  In every case in the application of these principles, MSD can only perform work where there is a drainage easement or, a right-of-entry, or where the work to be performed is within the right-of-way.  The only exception to this requirement is a condition where there is an extreme community emergency and there is not sufficient time to acquire an easement or right-of-entry.   In these extreme cases, MSD's Legal Division will be involved in the decision to proceed without an easement or right-of-entry.  Otherwise, where drainage work is the responsibility of MSD and there is no easement, right-of-entry, or right-of-way, MSD will acquire an easement or right-of-entry prior to performing the work.  Additionally, in all cases, MSD's Legal Division will assure that easements within which MSD will be performing drainage work give MSD authority to perform the type of work planned (See Easements, Rights-Of-Way and Rights-Of-Entry).

Environmental Issues:  The application of these principles shall be consistent with MSD's mission of being a steward of the environment.  MSD policies encourage the preservation of natural vegetation and trees as helpful to water quality, erosion control, removal of pollutants from runoff, and preservation of natural wildlife habitats.  Therefore, there may be situations where public water has caused a drainage problem, however, the repair to the problem may cause a greater burden to the environment.  In these cases, the environmental concern will outweigh the correction of the drainage problem.  Frequently, where a natural channel is involved, the burden to the environment is greater than if the channel involved has previously been improved.

Resource Constraints:  The application of these principles is not effected by resource levels.  The principle is to be used to establish MSD responsibility, resource constraints come into play in establishing the timing and manner of the request resolution.  Questions regarding resolution timing can be answered in Prioritization of Requests.

Guidelines continued