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Bill No. <br />Ordinance No. <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, <br />AMENDING CHAPTER 17, ARTICLE 1, BY UPDATING SECTION 17 -4 ADDRESSING <br />DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS <br />STATEMENT OF PURPOSE AND INTENT <br />The current downspout regulations for the City of South Bend are codified into the South Bend Municipal <br />Code as Section 17 -4, which have not been updated since 1970. <br />For the past several years, the City has had a voluntary "Downspout Disconnect Program ". It requires a <br />property owner who wishes to participate in the program, to sign a hold harmless and indemnification <br />agreement. The City may then "disconnect the downspouts, cap the drainway, and add an extension to <br />the downspout so the water drains into the yard instead of into the combined sewer ". <br />On December 29, 2011, the U.S. Attorney's office announced a cost estimate of $509.5 million for the <br />proposed improvements to the City's combined sewer system. The Common Council has been advised <br />that it is now estimated to cost over $667 million to implement the Long Term Control Plan (LTCP) <br />required by the Environmental Protection Agency (EPA) mandate addressed in the Court's Consent <br />Decree. <br />The Common Council and the Department of Public Works believe that updating the downspout <br />regulations will help minimize such discharges. Downspout disconnection is also recommended by the <br />EPA as part of its "Green Infrastructure ". It essentially reroutes rooftop drainage pipes to drain rainwater <br />to rain barrels and permeable areas, instead of into the storm sewer. <br />The Common Council, working in collaboration with the City's Public Works Director, also acknowledge <br />that the Indiana Department of Environmental Management (IDEM) also recommend that downspouts be <br />connected to rain barrels so that such captured water can be used to "irrigate landscape during dry periods ". <br />Such practices are par of the "Urban Nonpoint Source Best Management Practices" recommended by <br />IDEM. <br />This ordinance is believed to be in the best interests of the public health, safety and welfare of the City of <br />South Bend, Indiana. <br />✓�cwn; /ez� %ic::�ly � �rd��ined /� / /re Vhrnn�cie �Jnrci��i /�' //� Vr /� Yon!/ �riid, �diruiia, of <br />1611 -red : <br />Section I. Chapter 17, Article 1, Section 17 -4 of the South Bend Municipal Code is amended to <br />read as follows: <br />Sec. 174 Drains and Downspouts Disconnection Requirements, Exceptions. <br />Downspouts and dFHiHS to be eonneeted with storm sewers, . <br />