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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. 1