(A) There is created a stormwater utility, a department of the city, in accordance with I.C. 36-9-23, et seq. The stormwater utility shall be governed by the Washington Board of Public Works and Safety.
(B) The stormwater utility shall be designated the MS4 entity for Washington in accordance with 327 I.A.C. 15-13 et seq.
(C) The boundaries of the stormwater utility are set to include all parcels, lots and tracts of land presently located within the corporate boundaries of the City of Washington, Indiana, including all parcels, lots and tracts of land located within the boundaries of any municipal annexation which may occur subsequent to establishment of the utility.
(D) The Board of Public Works and Safety shall employ a Stormwater Superintendent and staff as deemed necessary. The Stormwater Superintendent may also serve as Street Commissioner or Wastewater Superintendent. The Stormwater Superintendent shall be the city's MS4 operator.
(E) The stormwater utility of the City of Washington, shall:
(1) Administer the funding, acquisition, design, construction, maintenance and operation of the stormwater utility system, including capital improvements designated in the capital improvement program;
(2) Administer and enforce this chapter and all regulations and procedures adopted relating to the design, construction, maintenance, operation and alteration of the utility stormwater system, including, but not limited to, the quantity, quality and/or velocity of the stormwater conveyed thereby;
(3) Advise the City Council and other city departments on matters relating to the utility;
(4) Prepare and revise a comprehensive drainage plan generally referred to as SWQMP Part C for adoption by the Board of Public Works and Safety and City Council of the City of Washington. The comprehensive plan shall be developed in cooperation with the Street and Wastewater Departments to clarify the responsibility and duties of each department. Operation of the city's combined sewer system shall remain the responsibility of the Wastewater Department, however catch basin and inlet maintenance, pollution prevention, and public education and outreach efforts shall be the responsibility of the utility. Water quality testing and treatment shall remain the responsibility of the Wastewater Department. The plan shall also be developed in cooperation with the Building Commissioner and City Engineer to clarify the division of responsibility and duties for permit review and enforcement. From time to time, under the policy and control of the Board of Public Works and Safety, costs, employees and duties may be shifted from stormwater, wastewater, and street departments;
(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 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; on a biennial basis, the city shall cause a study to be made to review the sufficiency of the revenues to support the storm water utility and the appropriate rates and charges among the user classes.
(F) The City of Washington Wastewater Department shall assume control and oversight of the City of Washington Stormwater Department, along with all the powers, duties and responsibilities of the Stormwater Department in accordance with I.C. 36-9.1-8 and I.C. 36-9-23 et seq.
(Ord. 15-2004, passed 9-13-2004; Am. Ord. 23-2005, passed 1-9-2006; Am. Ord. 4-2009, passed 3-9-2009; Am. Ord. 21-2018, passed 11-13-2018)