Stormwater Bill Landlord or tenant responsibility

[Shauna Deal]

My tenant decided to stay and sign another years lease. We (landlord) started getting a monthly bill in the middle of last year for this service. It is $4.70/month.  We have paid for it up until the new lease starts. Is it the responsibility of the landlord or tenant to pay monthly stormwater fee from state? If I put a statement in the new lease that tenant is responsible shouldn’t we be legal fine? 
thanks for any input.