§ 53.071 CREATION OF STORM WATER UTILITY.
   (A)   For the purpose of the Federal Clean Water Act of the I.C. 8-1.5-5-1 et seq., there is hereby created a Department of Storm Water Management, which shall be governed by a board of 3 directors, who shall be appointed by the Municipal Director of the town, not more than 2 of whom shall be the same political party. As provided in I.C. 8-1.5-5-4 and 8-1.5-5-6, the term of each Director shall be for a period of 4 years, however; the initial term of each Director shall be staggered, so that 1 Director shall be appointed for 1 year; a second Director for 2 years; and a third Director for a term of 3 years. The Municipal Executive of the town may remove a Director at any time when, in the judgement of the Municipal Executive, it is for the best interest of the Department. The Department of Storm Water Management shall consist of a manager and the staff as deemed necessary by the Board of Directors, with the approval of the Town Council.
   (B)   The Department of Storm Water Management, under the legislative policy, supervision and control of the Town Council, shall:
      (1)   Administer the acquisition, design, construction, maintenance and operation of the Department of Storm Water Management system, including capital improvements designated in the capital improvement program;
      (2)   Administer and enforce this subchapter and all regulations and procedures adopted relating to the design, construction, maintenance, operation and alteration of the utility storm water system, including, but not limited to, the quantity, quality and/or velocity of the storm water conveyed thereby;
      (3)   Advise the Town Council and other town departments on matters relating to the utility;
      (4)   Prepare and revise a comprehensive drainage plan for adoption by the Town Council;
      (5)   Review plans and approve or deny, inspect and accept extensions and connections to the system;
      (6)   Enforce regulations to protect and maintain water quality and quantity within the system in compliance with water quality standards established by the state, regional and/or federal agencies as now adopted or hereafter amended; and
      (7)   Annually analyze the cost of services and benefits provided, and the system and structure of fees, charges, civil penalties and other revenues of the utility.
(Ord. 2004-4, passed 3-1-2004; Am. Ord. 2008-10, passed 11-17-2008; Am. Ord. 2014-27, passed 7-15-2014)