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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASE UNIT. An amount which equates runoff from all properties to that of the average amount from a single-family residential property, presently set at 2,521 square feet.
BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
BOARD. The Utilities Service Board.
CITY. The City of Marion acting by and through the Council.
CLEAN WATER ACT. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY. Activities subject to NPDES Construction Permits. Currently these include construction projects resulting in land disturbance of five acres or more. Beginning in March 2003, NPDES Storm Water Phase II permits will be required for construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
COUNCIL. The Common Council of the City of Marion, or any duly authorized officials acting on its behalf.
IMPERVIOUS AREA. The total hard surface area (asphalt, concrete, stone, etc.) that is contained on a lot or parcel, or within a development tract. Hard surface area shall include, but not be limited to, driveways, parking areas, sidewalks, other paved areas, and all areas under roof.
HAZARDOUS MATERIALS. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
ILLEGAL DISCHARGE. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in § 53.044.
ILLICIT CONNECTIONS. An illicit connection is defined as either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the Board or, any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the Board.
INDUSTRIAL ACTIVITY. Activities subject to NPDES Industrial Permits as defined in 40 CFR, § 122.26 (b) (14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4. A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, that is:
(1) Owned or operated by:
(a) The City of Marion; or
(b) Indiana Wesleyan University;
(2) Designed or used for collecting or conveying storm water;
(3) Not a combined sewer; and
(4) Not part of a publicly owned treatment works (POTW) as defined at 40 CFR § 122.2.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by
EPA (or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
NON-STORM WATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of storm water.
PERSON. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
POLLUTANT. Anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
PREMISES. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
QUALIFIED RETENTION FACILITY. An artificial basin, designed and approved under the requirements of the Board, and operated to reduce peak discharge from an area by use of temporary storage. At the discretion of the Board, existing retention/detention facilities may be considered.
REPLACEMENT COSTS. The expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of storm water collection facilities to maintain the capacity and performance for which such works were designed and contracted.
SHALL is mandatory; MAY is permissive.
SEWAGE WORKS. Shall have the meaning as defined in I.C. 36-9-1-8.
STORM DRAINAGE SYSTEM. Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
STORM WATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORM WATER POLLUTION PREVENTION PLAN. A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable.
STORM WATER UTILITY, STORM WATER WORKS, STORM WATER FACILITIES or like terms where used in this chapter, shall mean all constructed pipes, mains, facilities, structures and natural water courses under the control of the city used for collecting and conducting storm water through and from drainage areas to the point of final outlet, including, but not limited to, any and all of the following: mains, pipes, lift stations, inlets, conduits and pertinent features, creeks, channels, catch basins, ditches, streams, culverts, retention or detention basins and pumping stations; and excluding there from any part of the system of drains and water courses under the jurisdiction of the Grant County Drainage Board.
USER CLASS. The division of storm water properties between residential, nonresidential, and users without direct or indirect stormwater discharges to the city system.
USER FEES. Dedicated charges paid by users and are based on the estimated amount of water that leaves their property.
USERS. The owners or tenants of properties within the city limits containing impervious areas that add runoff or sewage to the storm water or sanitary systems.
(1) RESIDENTIAL USER CLASS.
(a) A lot or parcel improved with a structure used primarily as a single-family or two- family residence, or
(b) A lot or parcel improved with a structure used primarily for residential purposes having less than 5,000 square feet of impervious area, each of which discharge storm water, directly or indirectly, into the storm water or sanitary systems of the city.
(2) NON-RESIDENTIAL USER CLASS. Properties that do not meet the definition of RESIDENTIAL USER CLASS and that discharge storm water, directly or indirectly, into the storm water or sanitary systems of the city.
(3) USERS WITHOUT DIRECT OR INDIRECT DISCHARGE CLASS. All other properties that do not meet the definition of RESIDENTIAL OR NON-RESIDENTIAL USER CLASSES, are within city limits, and that do not discharge stormwater directly or indirectly into the stormwater or sanitary systems of the city. This user shall pay cost allocated for the operation and maintenance of the systems serving city streets and right-of-ways.
WASTEWATER. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
RATES AND CHARGES
Every user shall be charged for the services provided. These charges are established for each user class, as defined, in order that the storm water utility shall recover, from each user and user class, revenue which is proportional to its measurement of impervious area. The various classes of users of the storm water collection system for purposes of this chapter shall be as follows:
(A) Class 1. Residential;
(B) Class 2. Non-Residential; and
(C) Class 3. Users Without Direct or Indirect Discharge.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
For the use of and the service rendered by said storm water utility, user fees shall be collected from the users. Such user fees shall be in an amount determinable as follows:
(A) User fees per month:
(1) Residential class: $5;
(2) Non-residential class: $5 x (number of base units, determined by the impervious area);
(3) User without direct/indirect discharge: $5 x (number of base units, determined by the impervious area) x 0.23.
(B) In any user class where tenants reside in structures which provide multiple residences, the monthly bill for that structure shall be divided by the number of water meters serving that structure and paid by the tenant responsible for paying the water bill for that meter. The foregoing shall not apply if the owner of such structure pays the user fees.
(C) For the service rendered to the city, said city shall be subject to the same user fees herein above provided. Impervious area located within a public dedicated or public owned right-of-way shall not be subject to a user fee.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
(A) The amount of impervious area subject to the user fees shall be determined by the Board. The Board may make proper allowances in determining the base units allocable to a user and may round the total amount of impervious area to always result in base units expressed as a whole figure.
(B) Appeal procedure. If, in the opinion of any user, the amount of base units attributable to such user is inaccurate, the user shall have the right to contest said calculation in the following manner.
(1) The user shall obtain and complete a petition to appeal the amount of base units, which shall be returned to the Director of Utilities with a copy of a survey or other verifiable documentation supporting the user's claim.
(2) Upon review of the user's claim, the Director of Utilities shall render a written determination that either the original calculation should be affirmed or the user should be assigned a new figure of base units. The Director of Utilities' determination is subject to review by the Board.
(3) If the user receives a new figure for base units which is lower than the original amount assigned to such user, the user shall be credited accordingly for any overpayment made from the date the original base unit calculation was implemented; provided, however, that such credit shall not exceed the overpayment for a period which extends beyond the immediately preceding 12 calendar months. Said credit shall apply to future service provided to the user until the overpayment has been fully satisfied. If the user's petition is denied, said opinion shall be forwarded to the user by certified mail, return receipt requested. The user shall then have seven days from date of receipt to request reconsideration by the Board. The user shall submit a copy of the original petition and supporting documents to the Board and any additional facts concerning the dispute. The Director of Utilities shall submit a copy of the determination denying the user's claim, along with any supporting documents. Thereafter, the Board shall designate a hearing officer who shall conduct, as soon as practicable, an informal hearing to determine and resolve the dispute based upon the documentation submitted and oral testimony of the user. The hearing officer shall render a written decision at the close of the hearing or within 30 days thereafter. The determination by such hearing officer shall constitute the final administrative determination and shall be binding on both parties. The hearing shall be electronically recorded. A transcript of the hearing shall be provided at a cost of $1 per page.
(4) A party or person aggrieved by the final administrative determination shall have the right to a judicial review of such determination in accordance with the provisions of the Indiana Administrative Adjudication Act.
(5) Dispute or appeal of the amount of base units attributable to a user shall not be a valid reason for non-payment of the user fees.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
Such rates and charges shall be prepared, billed and collected by the city in the manner provided by law and ordinance.
(A) The user fees for all users shall be prepared and billed monthly.
(B) The user fees may be billed to the tenant or tenants occupying the properties served, unless otherwise requested in writing by the owner, but such billing shall in no way relieve the owner from the liability in the event payment is not made as herein required. The owners of properties served, which are occupied by a tenant or tenants, shall have the right to examine the collection records of the city for the purpose of determining whether bills have been paid by such tenant or tenants, provided that such examination shall be made at the office at which said records are kept and during the hours that such office is open for business.
(C) As is provided by statute, all rates and charges not paid when due are hereby declared to be delinquent and a penalty of 10% of the amount of the rates or charges shall thereupon attach thereto. The time at which such rates or charges shall be paid is now fixed at 17 days after the date of mailing of the bill.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
(A) For any user that has a qualified retention facility on the property being charged pursuant to this chapter, such user is entitled to a credit to be determined by the Board. Procedures used to calculate the credit and the factor for determining the impact of increased runoff volume shall be prescribed and set by the Board.
(B) Calculation of discharge from developed sites and storm water detention/retention basins, as well as storm water runoff volumes from developed and undeveloped sites shall use methodology which is in accordance with acceptable engineering practice. Peak discharge, hydrograph, flood routing, and runoff volume procedures used by the Soil Conservation Service, the Corps of Engineers, and the Bureau of Reclamation, among others, are considered acceptable.
(C) Any credit given to a user shall reduce the amount of base units attributable to such user, but no credit may reduce the initial base units by more than 50%. Before such credit is granted, the user must establish that its facility meets the definition of a qualified retention facility. In addition, such credits shall be subject to an annual review by the Board to determine continuing compliance with the provisions of this chapter.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
A Depreciation Fund shall be continued for the purpose of meeting special or unforeseen emergencies in connection with the operation of the sewage works, or for the payment of the costs of constructing extensions, improvements, betterments or additions to the sewage works. A subaccount of said Depreciation Fund entitled "Capital Account" may only be used for the construction, remodeling, repair and extension of storm sewers; relief sewers and drains in aid of the sanitary system or storm water system; and the payment of the city's part of the costs of any public sewer or drainage project that lies partly or wholly within the city and aids or is connected to the sewage works system or storm water system of the city.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
In accordance with I.C. 36-9-23-25(b)(2) and I.C. 36-9-23-21, the Common Council has determined that a portion of the user fees collected under the terms of this chapter may be used to establish a reserve for revenue bonds to be issued by the city.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
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