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Peru Stormwater

The Peru Stormwater Management Board decided to use, and adopted, a grouped rate structure by impervious area. As a result of the grouping, the monthly user fee was determined to be $4.00 per ERU. The monthly user rate decided upon for non-residential parcel follows:

ORDINANCE NO. 24, 2004

CITY OF PERU STORMWATER RATE ORDINANCE

WHEREAS, the City of Peru, Indiana (City) has caused to be conducted a professional engineering study entitle Stormwater Drainage Study, conducted by the Bonar Group completed in 2002; and

WHEREAS, the Stormwater Drainage Study has identified areas which are subject to surface flooding and included recommendations for improvements to alleviate these conditions and to provide for pollution controls; and

WHEREAS, the City is required by an unfunded mandate to meet certain clean water standards which can only be met by improving the handling of stormwater in the City; and

WHEREAS, the City has created a Stormwater Utility to take the responsibility for planning and implementing stormwater policies in the City; and

WHEREAS, it has been recommended by the Stormwater Board that a user fee be implemented to pay the costs associated with the improvement of stormwater issues in the City; and

WHEREAS, in conjunction with Bonar Group and as a result of the engineering study performed by them, the Stormwater Board has developed a system of user fees based on the impervious surface area of individual properties located within the City and believes this system constitutes a fair and non-discriminatory method of allocating the costs of this project.

NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF PERU, INDIANA:
  
SECTION 1. It is necessary for public health and welfare of the citizens of Peru to establish a stormwater fee for the purposed of funding necessary changes and improvements in the stormwater system within the City to meet federal and state clean water standards and to insure that both public and private property is protected, to the greatest extent possible, from flooding as the result of surface water.
  
SECTION 2. For the purposes of establishing stormwater service fees pursuant to I.C. 8-1.5-5-7, the following definitions, procedures and rates shall apply:

a. Impervious Surface Area (ISA). Square footage of a parcel of land that is covered by concrete, asphalt, building(s), stone or other materials that speed up the runoff of stormwater from a developed site.

b. Equivalent Residential Unit (ERU)
. The average impervious surface area of fifty (50) residential properties selected at random. This number is 3,497 square feet.

c. Amount Billed
. The ISA is divided by the ERU. The result is multiplied by the user fee to arrive at the amount to be billed.

d. Type A Property
. Properties containing a single family residence, or apartment with an individual water meter, in which only the owner or renter, the family of the owner or renter, or a single family resides, where no form of agreement allows for two or more families to live there, and no business is conducted there.

e. Type B Property
. All properties not categorized as Type A. This includes, but is not limited to, all businesses, churches and other places of religious affiliation, schools, colleges, mobile home or manufactured home parks, condominium complexes that are part of private residential communities, community centers, apartment complexes with common rather than individual water meters, city-owned buildings, parks, retirement complexes, duplexes with common rather than individual water meters and other properties with a primary function other than a single family residence.
  
f. An ERU of one (1.0) is assigned to each Type A Property. The ERU for each Type B Property shall be determined by the following formula:
ERU = ISA
3,497
The minimum ERU for a property is one (1.0).

g. The user fee for one ERU shall be four dollars ($4.00) per month. For ERU greater than one (1.), the user fee shall be multiplied by the ERU to determine the monthly user fee. For billing purposes, the ERU will be rounded to the nearest tenth (0.1) ERU.

h. No landowner shall incur a user fee greater than $225.00 per month, regardless of the number of ERUS computed for the landowner’s property. A fee of $225.00 per month is the fee generated as a result of 200,000 square feet of ISA. Landowners with multiple locations likewise shall not incur a user fee greater than $225.00 per month.

i. The user fee for unoccupied buildings shall be billed to the landowner if no other utilities are being actively billed. If, however, the building is not presently receiving other utility services, no Stormwater bill shall be issued.

j. In situations where a residence has separate service to a building on the premises, only one user fee (one ERU) will be charged to the residence.

k. Current Peru Utilities customers within the corporate boundaries of the City of Peru shall be billed unless a building is known to rent commercial space to more than one entity, such as a commercial strip mall. In this case the property owner shall be billed for the entire parcel.

l. Service rates shall be effective July 5, 2004 and shall be included in the bill issued by Peru Utilities and shall be designated as the Stormwater Fee, or wording to that effect. Peru Utilities is hereby authorized to include the applicable Stormwater Fee on the monthly bill of each customer without the necessity of the customer authorizing the charge. Peru Utilities is also authorized to collect the fee in the same manner and with the same remedies, including legal actions and liens, with which it is authorized to collect fees for electric, water and sewer services.

m. Peru Utilities shall remit collections to the City Clerk Treasurer in a lump sum on a monthly basis. Peru Utilities shall deduct from the payment any monies used for placement of liens, bad check recalls and returned deposits on other utilities.

SECTION 3. The costs of stormwater projects and the incidental expenses in connection therewith and the costs, if any, of financing for stormwater projects shall be paid out of revenues generated by the Stormwater User Fee. The Stormwater Utility Board shall have the authority to determine how those funds are used and shall have the authority to issue bonds or borrow money if necessary to carry out their responsibilities.

SECTION 4. Appended to this Ordinance and incorporated into it is a document entitled Determination of Impervious Areas for Non-Residential Customers, which established rates which non-residential customers shall be charged. Updates to this document shall be made from time to time and shall be filed with the City Clerk Treasurer and Peru Utilities, subject to approval form the Peru Common Council. The most current update shall be used by Peru Utilities in charging a monthly fee to non-residential customers.

Passed and enacted June 7, 2004.

Less than 10,000 s.f Actual ERUs x $4/Month
More than 10,000 s.f but less than 20,000 s.f$12/Month
More than 20,000 s.f but less than 30,000 s.f $23/Month
More than 30,000 s.f but less than 40,000 s.f$34/Month 
More than 40,000 s.f but less than 50,000 s.f$47/Month
More than 50,000 s.f but less than 60,000 s.f $58/Month
More than 60,000 s.f but less than 80,000 s.f$70/Month
More than 80,000 s.f. but less than 140,000 s.f $90/Month
More than 140,000 s.f but less than 200,000 s.f$160/Month
More than 200,000 s.f$225/Month 


ORDINANCE NO. 26, 2012

STORMWATER BILLING CREDIT ADDENDUM 1 TO ORDINANCE NO. 24, 2004

I. Eligibility
A. Only properties defined as Type B Property in Ordinance No. 24, 2004, shall be eligible for stormwater billing credits.
  
B. An account with Peru Utilities shall be active and current.
  
II. Requirements
A. To qualify for a stormwater billing credit a property must construct and maintain on-site stormwater controls that retain at least a 100 year, 24 hour rain event entirely on the subject property with no runoff to surrounding properties or public infrastructure.
  
B. All plans must conform to applicable local, state and federal regulations and shall be signed and stamped by a professional engineer. Credits will not begin until certified as-built drawing and data have been submitted.
  
C. Maintenance of any stormwater mitigation infrastructure on properties receiving a credit under this provision shall be in strict conformance to all applicable local, state and federal regulations and shall be at the sole expense of the property owner. Periodic maintenance reports to pertinent agencies shall be required. 
  
D. Failure to operate and maintain stormwater mitigation infrastructure in strict compliance with design standards or other applicable local, state or federal regulations shall result in the immediate termination of stormwater billing credits.
  
E. Properties qualifying for a stormwater billing credit shall be subject to inspection by Peru Utilities employees for compliance with appropriate 
  
III. Credits
A. Properties in full compliance of all requirements as set forth in this Addendum shall be charged a stormwater fee equal to that of a property having 1 ERU of impermeable surface area.
  
B. Individuals that own more than one property the credit for each property will be applied as if were alone and then the fees will be combined as set forth in Ordinance No. 26, 2012.
  
C. Stormwater billing credits will not be retroactive. Credit will begin when as-built documents are approved by the appropriate oversight agency.
  
D. No partial credits will be granted. A property must meet all of the applicable requirements in it’s entirety to be eligible to receive a credit.
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