HomeMy WebLinkAbout09-14-15 Utilities UTILITIES COMMITTEE SEPTEMBER 14,2015 4:30 P.M.
Committee Members Present: Dr. David Varner, Gavin Ferlic, Dr. Fred Ferlic,
Derek Dieter(XAB)
Citizen Members Present: Kathleen Petitjean,Jack Smith (AB)
Other Council Present: Tim Scott, Henry Davis Jr,Valerie Schey (XAB), Oliver Davis,
Karen White
Others: Eric Horvath, Kara Boyles,Chris Huff, Gary King
Agenda: Bill No.40-15 Amending Chapter 17 of SBMC
Addressing Drain and Downspouts
Disconnection Requirements
Dr. David Varner,Chair of the Utilities Committee,with a quorum present,opened the hearing on the
one bill on the agenda, bill 40-15. This bill would amend chapter 17 of the South Bend Municipal Code
addressing drain and downspout disconnection requirements.
In the explanatory letter filed with the proposed ordinance 40-15 the rationale to require disconnecting
downspouts and storm drains from discharging into the combined storm/sanitary sewer system is
explained. This letter is attached to these minutes.
Much of the impetus to move from the current voluntary plan by residents to a mandatory one stems
from the EPA Clean Water mandate requiring the City to separate storm and sanitary sewer systems
aimed at preventing sanitary overflows into the river caused by storm runoff pushing the combined
system beyond capacity. The estimated price tag of this mandate is estimated to be approaching$700
million.
In hopes of being able to argue a case before the EPA trying to renegotiate the City agrees upon consent
decree a mandatory residential disconnect is proposed by this bill. Though the salutatory effect on the
system would be minimal it is felt the requirement would show"good faith" by the City in its case for
EPA reconsideration. The initiative for the bill has been co-sponsored by Councilmembers Henry Davis
Jr., Dr. David Varner and Dr. Fred Ferlic.
Eric Horvath, Director of Public Works,was asked by Chairman Varner to offer his comments on the
proposal. Eric suggested three areas needed to be discussed further. One, how the requirement was
going to be enforced? What the penalty for noncompliance was going to be and what the term "unless
cost-prohibitive"for a business meant. Eric asked if the penalty for noncompliance was meant to be
punitive or rewarding for compliance. This triggered spirited discussion among Councilmembers who
wanted compliance; but were also sensitive to the fairness of the cost of water bill credit of some
amount for some period of time to offset the costs.
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Chris Huff, a citizen interested in the cost/benefit aspects of the EPA consent decree voiced support for
a "carrot/stick" approach. He added that educating the public was a necessary component for
acceptance.
Another concerned citizen,Gary King,suggested water form disconnected downspouts could be stored
for other uses.
Before it was over there was general consensus that questions needed further discussion. To that end,
Gavin Ferlic motioned the bill be continued until the meeting of October 12. Dr. Fred Ferlic offered a
second. All supported the continuance.
Dr.Varner adjourned the meeting at 4:55 P.M.
Respectfully Submitted,
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Dr. David Varner, Chairperson
Utilities Committee
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The South Bend Common Council
227 West Jefferson Boulevard,Room 441
Downtown South Bend,Indiana 46601
574.235.9321
August 18, 2015
The South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
Re: Downspout Disconnection Regulations
Dear Council Members;
We are filing the attached proposed ordinance to update the City's downspout regulations.
In light of the $667 million cost estimate to implement the Long Term Control Plan (LTCP) required by
the Environmental Protection Agency (EPA) mandate addressed in the December 2011 judicial Consent
Decree,we believe that all reasonable steps should be taken to help minimize discharges into storm sewers.
It is estimated that approximately 50% of the 40,000 one and two-family houses in South Bend have
downspouts which are still connected. The proposed ordinance would:
• Create a 3-year period for all owners of a one or two-family dwelling to comply.
• Would continue the City's"Downspout Disconnect Program"at no charge for owners of a one or
two-family dwelling for calendar years 2016 and 2017, and would authorize the Board of Public
Works to establish reasonable fees for the program effective January 1, 2018.
• Would create a 3-year period for owners of buildings in Commercial/Mixed Use Districts to
comply.
• Would establish a process where any affected property owner who believes that compliance would
be cost prohibitive would be required to file a cost/benefit analysis with the Department of Public
Works and would permit an appeal of their decision to the Board of Public Works.
Downspout Disconnect Cover Letter—page 2
We believe that the proposed regulations are proactive and reasonable. We request that the Bill be sent to
the Council's Utilities Committee for review and recommendation. Thank you.
Most sincer- s �.�
Henry : .v/Jflii is t Council Member
South Bend Common Counci
Dr. David Vamer, 5th District Council Member
Utilities Committee Chairperson
Dr. Fred Ferlic, 4th District Council Member
South Bend Common Council
Attachment
cc; Eric Horvath, P.E., Department of Public Works Director