10550-17 Amending Chapter 17, Article 1, Section 17-4 to address Downspout Disconnections

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flow into the sanitary or combined sewer system of the City. Alternatively, at the time of renovation the building owner may apply to join the In-lieu of Discomiect Fee Program which is solely available to those property types listed in Section 17-4.1. (b) Storm water and all other unpolluted drainage including cooling water shall be discharged to retention or detention basins,to naturally occurring or constructed wetlands, to rain barrels, cisterns, to a natural outlet, or utilize other best management practices (BMP)methods approved by the Department of Public Works and authorized by the Indiana Department of Environmental Management(IDEM) or in the case of residential properties to "on-lot treatment" practices recommended by the Environmental Protection Agency(EPA).' 1 The Department of Public Works is authorized to institute additional compliance regulations and standards so long as they are discussed with the Council's Utilities Committee prior to taking effect and conspicuously posted on the City of South Bend's official municipal website. (c) Due to the extraordinary estimated costs to implement the Long Term Control Plan (LTCP) mandated by the Environmental Protection Agency (EPA) and the Indiana Department of Environmental Management(IDEM), all buildings, residences, sump pumps, and parking lots which currently direct their stefm wte storm water into the sanitary or combined sewers shall have up to five (5) years fiem the date of the passage of this to disconnect by the following dates: Residential properties: December 31St, 2020; Commercial properties: December 31St,2020; with the following limited exceptions and requirements: (1) All properties located in Commercial/Mixed Use Districts defined in Section 21-03 of Article 3 of Chapter 21 of the South Bend Municipal Code which include: OB Office Buffer District, MU Mixed Use District, O Office District, LB Local Business District, CB Community Business District, CBD Central Business District, and GB General Business District, spas well as all PUD Planned Unit Development Districts and all industrial properties shall disconnect all buildings, sump pumps, and parking lots which currently direct their storm water into the sanitm oor combined sewers. If disconnecting is not practical or possible or if the cost incurred would make disconnecting financially unpractical or financially impossible the building owner may, at their choosing, enter the In-Lieu of Disconnect Fee Program instead of disconnecting. By entering this program the building owner agrees to pay to the City a one-time fee of$0.61 per square foot of connected impervious surface. 1 IDEM sets forth "Technical Resources for Best Management Practices(BMP)"which promote the most environmentally-friendly methodologies. See:www.in.gov.IDEM.The EPA has set forth as part of their"Best Management Practices"On-Lot Treatment methods which are available at http;:Hwater.epa.gov/polwaste/npdes/swbmp/on-Lot-Treatment.cfm. Page 2