09-14-15 Agenda, Packet & Committee Meeting Notice

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Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, BY UPDATING SECTION 17-4 ADDRESSING DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS STATEMENT OF PURPOSE AND INTENT The current downspout regulations for the City of South Bend are codified into the South Bend Municipal Code as Section 17-4, which have not been updated since 1970. For the past several years, the City has had a voluntary"Downspout Disconnect Program". It requires a property owner who wishes to participate in the program, to sign a hold harmless and indemnification agreement. The City may then "disconnect the downspouts, cap the drainway, and add an extension to- the downspout so the water drains into the yard instead of into the combined sewer". On December 29, 2011, the U.S. Attorney's office announced a cost estimate of$509.5 million for the proposed improvements to the City's combined sewer system. The Common Council has been advised that it is now estimated to cost over $667 million to implement the Long Term Control Plan (LTCP) required by the Environmental Protection Agency (EPA) mandate addressed in the Court's Consent Decree. The Common Council and the Department of Public Works believe that updating the downspout regulations will help minimize such discharges. Downspout disconnection is also recommended by the EPA as part of its"Green Infrastructure". It essentially reroutes rooftop drainage pipes to drain rainwater to rain barrels and permeable areas, instead of into the storm sewer. The Common Council,working in collaboration with the City's Public Works Director,also acknowledge that the Indiana Department of Environmental Management(IDEM) also recommend that downspouts be connected to rain barrels so that such captured water can be used to"irrigate landscape during dry periods". Such practices are par of the "Urban Nonpoint Source Best Management Practices" recommended by IDEM. This ordinance is believed to be in the best interests of the public health, safety and welfare of the City of South Bend, Indiana. 9i4 a, /ure,re, ae tic Ordaained 4y lie Vhrun1c>a Vannei/$$$e c4:7 e cf/ Jdirma, ad Miand : Section I. Chapter 17, Article 1, Section 17-4 of the South Bend Municipal Code is amended to read as follows: Sec. 17-4 Drains and Downspouts Disconnection Requirements; Limited Exceptions.