§ 32.115 STORMWATER MANAGEMENT DEPARTMENT TO OPERATE STORMWATER SYSTEM.
   (A)   Establishment. The Stormwater Management Department, a department of the town, is hereby established (the "Department"). The Department shall be headed by the Town Manager. The Town Manager, together with staff, will be responsible for the day-to-day operations of the Department.
   (B)   Applicable state law. The Stormwater Management Department shall be subject to I.C. 36-9-23, as amended and in effect from time to time.
   (C)   Town Council. The Department, through the Town Manager, shall report directly to the Town Council. The Town Council shall perform all necessary administrative policymaking oversight of the operations of the Department.
   (D)   General powers of the Department. The Department shall have departmental jurisdiction over stormwater within the town and shall possess the following general powers:
      (1)   Install, maintain and operate the stormwater system of the town;
      (2)   Make all necessary or desirable improvements to the stormwater collection and conveyance system of the town (including all appropriate actions taken with respect to sewer separation), and, when determined to be in the best interests of the town, to acquire or otherwise assume jurisdiction over any other improvements or facilities relating to the control of stormwater currently owned or under the jurisdiction of other parties;
      (3)   Establish and enforce the rules, regulations, policies and procedures promulgated by the Department as the same may be approved by the Town Council;
      (4)   Hold hearings and make findings and determinations to carry out the policies and procedures of the Department with respect to the use of the stormwater system by the users thereof and the proper rates and charges imposed on such users;
      (5)   Recommend to the town reasonable and just service charges for services to the users of the stormwater collection and conveyance system of the town;
      (6)   Track revenues and expenses of the Stormwater Department separately using departmental policies, operational procedures and cost accounting methods to adequately determine the equitable allocation of funds to serve the Department's and town's needs.
(Ord. 636, passed 3-30-2009)