(a)

The Marion County Stormwater Management District is created to provide for the collection and disposal of stormwater in a manner that protects the public health, safety and welfare.

(b)

The function of the District, through the department of public works and the department of business and neighborhood services, is to provide for the safe and efficient capture and conveyance of stormwater runoff, mitigate the damaging effects of stormwater runoff, correct stormwater collection and conveyance problems and fund the activities of stormwater management including, but not limited to, design, planning, regulation, education, administration, coordination, construction, operation, maintenance, inspection and enforcement activities, and to comply with the city's the National Pollutant Discharge Elimination System Stormwater Discharge Permit, all for the protection of the public health, safety and welfare.

(c)

It is determined necessary for the protection of public health, safety and welfare and to comply with federal, state and local laws and regulations that a system of charges for stormwater service in the Consolidated City of Indianapolis, Marion County be established. The system of charges shall allocate the cost of providing stormwater management service to each user so that the charges assessed are reasonably related to the costs of providing stormwater management service, insofar as those costs can reasonably be determined.

(G.O. 43, 2001, § 4; G.O. 16, 2022, § 50)

As used in this article, the following terms shall have the meanings ascribed to them in this section:

Base billing unit (BBU) shall mean an area of measured impervious area (IA) surface following the convention 1—1,000 square feet of measured IA is assigned one (1) BBU; 1,001—2,000 square feet of measured IA is assigned two (2) BBUs; 2,001—3,000 square feet of measured IA is assigned three (3) BBUs and progressing in a manner such that each additional 1,000 square foot unit of IA is assigned an additional BBU.

Best management practice (BMP) shall mean a facility designed and constructed to control the quality and/or quantity control of stormwater runoff.

Board shall mean the board of public works established under chapter 261 of the Code.

Credit shall mean a reduction in a stormwater user fee based on certain qualifying conditions or activities that benefit the stormwater system, increase green infrastructure and/or aid the department in the outreach and education compliance and reporting requirements of the city's National Pollutant Discharge Elimination System discharge permit.

Department shall mean the department of public works established under chapter 261 of the Code.

Director shall mean the director of the department of public works.

District shall mean the Marion County Stormwater Management District authorized by IC 8-1.5-5 and created by this article.

Equivalent residential unit (ERU) shall mean a unit value, equal to the average amount of impervious area of a single-family residential property within Marion County. One (1) ERU is hereby established as two thousand eight hundred (2,800) square feet of impervious area.

Green infrastructure practices (GI) shall mean approved structural best management practices that implement infiltration as the primary method of management and treatment of stormwater and stormwater runoff and have restricted or no positive discharge to the stormwater system.

Impervious area (IA) shall mean an area that has been paved and/or covered with buildings and materials that include, but are not limited to, concrete, asphalt, rooftop and blacktop, such that the infiltration of stormwater into the soil is prevented or impeded. Impervious area shall include gravel driveways, private roadways, parking lots and similar areas designed or used for vehicular traffic. Excluded from this definition are undisturbed land, lawns and fields and undisturbed and tilled agricultural lands and areas.

Infiltration shall mean the process of allowing runoff to penetrate the ground surface and flow through the upper soil surface.

Nonresidential property shall mean all properties not included within the definition of residential property in this article. Nonresidential property shall include, but not be limited to, the following:

(1)

Agricultural property;

(2)

Apartment and condominium common property;

(3)

Mobile home parks;

(4)

Commercial property;

(5)

Industrial property;

(6)

Churches;

(7)

Schools;

(8)

Federal, state and local government property; and

(9)

Platted subdivisions established in accordance with chapter 741 of the Code.

Public streets, roads and highways shall mean those streets, roads and highways that are accepted for maintenance by the State of Indiana, the City of Indianapolis or any other municipality and that are available for use in common by the general public for motor vehicle transportation.

Residential property shall mean an improved lot or parcel of real estate on which a building or mobile home is situated, which building or mobile home contains a group of rooms forming a single dwelling unit with facilities that are used or are intended to be used primarily for living, sleeping, cooking and eating. This definition also includes an individual lot or parcel containing one (1) individual building containing three (3) or fewer separate or attached single-family dwelling units.

Square footage of impervious area, for purposes of assigning an appropriate number of ERUs or BBUs, as applicable shall be calculated using the outside boundary dimensions of the impervious area and shall include all of the total enclosed square footage, without regard to topographic features of the enclosed surface.

Stormwater credit manual means the manual recommended by the department and approved by the board that shall set forth the details of the credit system, including parameters of credit and application procedures.

Stormwater user fee shall mean the service charge or user fee authorized by IC 8-1.5-5 and imposed on the users of the Marion County Stormwater Management District's stormwater system pursuant to section 131-422 of this Code.

Stormwater specification manual means the regulations adopted by the board pursuant to chapter 561 of the Code and complied by the department as a "Stormwater Design and Construction Specification Manual" as amended from time to time.

Stormwater system shall mean all facilities, including structures and natural water courses under the ownership and/or subject to the control of the department used for collecting and conducting stormwater to, through and from drainage areas to the point of final outlet, including, but not limited to the following: inlets, conduits and appurtenant features, pipes, pumping stations, manholes, structures, channels, outlets, creeks, catch basins, ditches, streams, culverts, retention or detention basins, BMPs and other structural components and equipment designed to transport, move, treat, manage or regulate the flow of stormwater. Stormwater system shall include public streets, roads and highways.

(G.O. 43, 2001, § 4; G.O. 43, 2014, § 2; G.O. 16, 2022, § 51)

(a)

The department shall be responsible for the preparation, and the periodic update, of a county-wide stormwater master plan. Preparation of the master plan may include tasks such as infrastructure inventory, conveyance system analysis, receiving and responding to neighborhood and citizen input, identification and establishment of priorities for capital improvements, development of a maintenance management program and integration of information into the GIS database. Development of the county-wide stormwater master plan shall include, in so far as reasonably possible, delineation of the geographic area benefited by the stormwater management projects included in the master plan.

(b)

The Marion County Stormwater Management Technical Advisory Committee shall participate in the periodic update of the master plan as provided in section 676-204(a).

(c)

The master plan document shall be approved by the board. Prior to taking action on the master plan document, the board shall conduct a public hearing. Notice of the hearing shall be published at least ten (10) days prior to the hearing in accordance with IC 5-3-1-2.

(d)

Prior to presenting the master plan document to the board for approval, the department shall schedule a thirty-day public comment period and shall accept written comments on the master plan document. At least ten (10) days prior to the beginning of the public comment period, the department shall publish a notice in a newspaper of general circulation printed and published in Marion County. The notice shall state that copies of the proposed master plan document are available for public inspection at the offices of the department, the central office of the Indianapolis/Marion County Public Library and one (1) branch library in each township, and that written comments may be submitted to the department.

(e)

The approved master plan document shall be updated periodically, as determined by the department, following the procedures set forth in this section.

(f)

The initial master plan shall be submitted to the board for approval within ten (10) days of the date on which this chapter takes effect.

(G.O. 43, 2001, § 4)

(a)

The board is authorized to enter into a contract with one (1) or more qualified entities for the services of billing for and collecting stormwater user fees imposed by this article.

(b)

The due date of stormwater user fees shall be set forth on the billing document.

(c)

Delinquent stormwater user fees not paid when due shall be subject to a ten (10) percent penalty.

(G.O. 43, 2001, § 4)

(a)

Delinquent stormwater user fees and penalties may be collected in a civil action along with the costs of collection and reasonable attorney fees.

(b)

Delinquent stormwater user fees and penalties shall constitute a lien against the real property against which the user fees have been imposed. Such liens shall be certified to the auditor and collected as provided in IC 36-3-7-5.

(G.O. 43, 2001, § 4)

(a)

Credit availability.

(1)

Residential. A credit to the stormwater user fee imposed on residential parcels may be available, upon application to the department, for parcels that meets the following criteria:

a.

A single residential credit up to, but not more than, twenty-five (25) percent is available to applicants who own and reside at a parcel and show that an approved stormwater management facility has been constructed and effectively implemented on the parcel. Approved stormwater management facilities eligible for the credit include:

1.

Rain gardens;

2.

On-site stormwater storage; and

3.

Vegetated filter strips.

Application process: Details of the credit, including parameters and application procedures shall be set forth in the stormwater credit manual.

(2)

Nonresidential. A credit to the stormwater user fee imposed on nonresidential property may be available, upon application to the department, for parcels that meet one (1) or more of the following criteria:

a.

Location in relation to major waterway. Credit shall be granted for applicant owned stormwater facilities based on the location of the property to a major waterway of the United States, if the property directly discharges its stormwater to that waterway in compliance with all requirements of the code, the Stormwater Design and Construction Specifications Manual, and state and federal regulations. White River, Fall Creek and Big Eagle Creek below Eagle Creek Reservoir shall be considered major waterways for the purposes of this section. A one (1) percent credit shall be granted from the total monthly stormwater user fee for each two (2) percent of the impervious area from the property that directly discharges to the major waterway.

Application process: Details of the credit, including parameters and application procedures shall be set forth in the Stormwater credit manual.

b.

Construction in compliance with or exceeding the Stormwater Design and Construction Specifications Manual and the code. Credit shall be granted from the total monthly stormwater user fee for applicant owned stormwater facilities, such as retention/detention and water quality facilities, constructed either prior to the effective date or after the effective date of the Stormwater Design and Construction Specifications Manual, if those facilities either meet or exceed:

1.

The requirements of the Stormwater Design and Construction Specifications Manual; and

2.

The requirements of the code in effect at the time of construction.

c.

Two-tiered credit availability for construction in compliance with or exceeding Stormwater Design and Construction Specifications Manual and the code. Property owners of applicant owned stormwater facilities, such as retention/detention and water quality facilities, eligible for credit under subsection (b) may, at their option, apply for either a Tier One or a Tier Two credit as set forth below. Details of the tier system and other matters relating to applying for and receiving credits shall be included in the stormwater credit manual.

1.

Tier One. Tier One credit is intended for construction of stormwater management facilities that meet the requirements of the Stormwater Design and Construction Specifications Manual and code. A ten (10) percent credit may be granted from the total monthly stormwater user fee for a parcel having approved stormwater facilities that meet the requirements of the Stormwater Design and Construction Specifications Manual and code.

Application process: Detailed technical information shall be supplied by the owner and the owner's engineer. Such information shall include as-built data, routing the storm event for the two (2), ten (10), twenty-five (25), and one hundred (100) year-storm events, comparison of pre-development and post-development conditions, total storage volume and emergency spillway configuration. To receive a credit, stormwater facilities must provide control to a pre-development level for all the above storm events. Water quality volume and post construction treatment data shall be supplied. Tier One credits shall be granted as provided in the stormwater credit manual.

2.

Tier Two. Tier Two credit is intended for construction of stormwater management facilities that are designed and constructed to exceed the requirements of the Stormwater Design and Construction Specifications Manual and code. A thirty (30) percent credit may be granted from the total monthly stormwater user fee for a parcel having approved stormwater facilities that exceed the requirements of the Stormwater Design and Construction Specifications Manual and code.

Application process: Detailed technical information shall be supplied by the owner and the owner's engineer. Such information shall include as-built data, routing the storm event for the two (2), ten (10), twenty-five (25), and one hundred (100) year-storm events, comparison of pre-development and post-development conditions, total storage volume and emergency spillway configuration. To receive a Tier Two credit, approved stormwater facilities must provide both control to a pre-development level for all the above storm events and provide post construction stormwater quality treatment that exceeds the requirements detailed in the Stormwater Design and Construction Specifications Manual by ten (10) percent. A parcel may also qualify for stormwater credits for drainage basins that are designed utilizing the Modified Rational Method, which is detailed in the Stormwater Design and Construction Specifications Manual. Water quality volume and post construction treatment data shall be supplied. Tier Two credits shall be awarded as provided in the stormwater credit manual.

d.

Additional water quality and/or quantity control. An additional water quality and/or quantity control credit is intended to utilize the construction of approved Green Infrastructure (infiltrative) practices to reduce overall stormwater discharge volume from the property. An additional credit up to twenty (20) percent may be granted for an approved plan and successful construction and implementation of Green Infrastructure (infiltrative) practices that reduce discharge volume.

Application process: Applicant must first qualify for either the Tier One or Tier Two credit to receive the additional water quality and/or quantity control credit. Final approved level of credit shall be based on an approvable plan that demonstrates the use of acceptable infiltrative practices approved by the department or the Stormwater Design and Construction Specifications Manual for the stormwater. Submission shall include design plans and details and hydrologic and hydraulic calculations necessary for review. Credit shall be granted as provided in the stormwater credit manual.

e.

Education. Education credit is intended to aid the department in the outreach and education compliance and reporting requirements of the National Pollutant Discharge Elimination System discharge permit. A credit up to five (5) percent credit may be granted from the total monthly stormwater user fee for a property owner implementing an approved stormwater quality awareness and education lesson plan for elementary through high school classes. This credit is limited to state recognized schools using state licensed instructors.

Application process: Detailed lesson plan and implementation schedule shall be submitted to the department to determine eligibility for the education credit. The lesson plan shall be taught to elementary and middle school students by an instructor licensed by the State of Indiana. The application for credit may be submitted by an individual school or a school district or corporation. The credit shall be applied only to the BBUs of the educational building on the parcel where the instruction of the approved credit material takes place. Owner shall be required to submit reports regarding implementation of the plan on an annual basis to maintain the credit. Education credits shall be granted as provided in the stormwater credit manual.

(3)

All parcel owners may apply for and be eligible for credit under this section.

(4)

The descriptions in this section of circumstances in which credit may be granted are not intended to be all inclusive. The stormwater credit manual may allow credit for stormwater facilities and circumstances not described in this section.

(5)

The board, upon recommendation from the department, shall approve a stormwater credit manual. The department shall follow the provisions of the stormwater credit manual in reviewing and acting upon applications for credit. Copies of the stormwater credit manual shall be available from the department.

(6)

Each credit granted shall be conditioned on the continuing compliance with the design, operation maintenance and reporting requirements of the code, the Stormwater Design and Construction Specifications Manual and the requirements set forth in the most current Indianapolis Stormwater Credit Manual.

(b)

Credit procedures.

(1)

Application for credit or an appeal of a credit determination shall not constitute a valid reason for non-payment of the stormwater user fee for which a credit is being requested.

(2)

Application for credit shall be made on forms provided by the department and shall be accompanied by the applicable application submittal fee.

(3)

The board, upon recommendation of the department, may set reasonable credit application submittal and review fees. Such fees shall be reasonably related to the cost of reviewing credit applications.

a.

Application and/or renewal submittal fees shall not exceed four hundred fifty dollars ($450.00) per application and shall include up to three (3) hours of review by the department. If an application requires more than three (3) hours of review by the department, the applicant shall reimburse the department for such additional review time at a rate not to exceed one hundred fifty dollars ($150.00) per hour.

b.

Application submittal fees and all review fees for the education credit shall not exceed a total of three hundred dollars ($300.00).

(4)

The department shall be responsible for reviewing credit applications and shall provide a written determination of the credit application within sixty (60) days of receipt of a complete credit application. The written determination shall set forth the effective date of the credit and any conditions applicable to receipt of an approved credit.

(5)

Appeals of credit determinations shall follow the procedures set forth in section 676-304 of this article.

(c)

Maximum credit, effective date, expiration and termination.

(1)

The maximum total credit for any parcel shall be fifty (50) percent of the stormwater user fees assessed against the parcel.

(2)

If granted by the department, a credit shall have an effective date as follow:

a.

For credit applications approved on or between January 1 and/or on June 30 the effective date shall be July 1 of the same year; and

b.

For credit applications approved on or between July 1 and/or on December 31 the effective date shall be January 1 of the following year.

(3)

Credits approved by the department on or after the date of Council approval of the articles herein, shall expire, unless earlier terminated as provided in subsection (4), three (3) years from the effective date.

(4)

Upon written notice to the property owner or other person designated by the property owner to receive such notice, the department may terminate a credit for good cause, including, but not limited to, the reasons set forth below. The department's termination of a credit may be appealed by following the review procedures set forth in section 676-304 of this article.

a.

At the written request of the owner;

b.

Property or land alteration that affects drainage or impervious area;

c.

Change of ownership;

d.

Failure to maintain facilities; and

e.

Failure to report as required.

(5)

If a credit expires or is terminated, the property owner may submit a new or renewal credit application subject to all conditions herein.

(d)

Expiration of existing credits.

(1)

Credits approved by the department prior to the date of council approval of the articles herein shall expire on December 31, 2016.

(G.O. 43, 2001, § 4; G.O. 43, 2014, § 3; G.O. No. 33, 2023, § 11)

(a)

Any person subject to this article may petition the director for an adjustment of the stormwater user fees assessed against him/her, provided:

(1)

That the petitioner has paid the disputed stormwater user fees in full.

(2)

That the petitioner:

a.

Has good cause to believe that such stormwater user fees were erroneously assessed against him/her, or

b.

That because of extraordinary circumstances unique to his/her parcel equity can be served only by adjusting the stormwater user fees assessed against his/her parcel.

(3)

That within six (6) months of the petitioner's receipt of the bill for the disputed stormwater user fees, the director receives from the petitioner a written petition for adjustment of fees and a brief statement of fact demonstrating the petitioner's right to an adjustment. The petitioner may include with his/her petition any additional information he/she deems relevant. If the petitioner wishes to have an informal hearing on his/her petition, a request for a hearing must be included with his/her petition.

(b)

The director shall appoint an account review officer (ARO) to review and resolve petitions for adjustment of fees.

(1)

The ARO may be a qualified independent contractor or an employee of the city who serves as a hearing officer as part of his/her duties.

(2)

The ARO shall consider the petitioner's statement of fact, as well as any other relevant and material evidence available in determining whether the petitioner is entitled to an adjustment of the stormwater user fee.

(3)

If a hearing has been requested as provided in this article, the hearing shall be before the ARO and shall be held within thirty (30) days of the receipt of the request for hearing, unless a continuance is requested by the petitioner or requested by the department and agreed to by the petitioner. At the hearing the petitioner and the department may present any evidence that is, in the ARO's view, relevant and material to the dispute.

(4)

Based on the petitioner's statement of fact, evidence presented at the hearing, if one (1) was requested, and any other relevant and material evidence available, the ARO shall issue a written decision on the petition. The ARO may grant, deny or modify the petition.

(5)

The ARO's decision shall be final and binding and shall be issued to the petitioner within ninety (90) days of receipt by the director of the petition for adjustment if no hearing was requested, or ninety (90) days from the conclusion of the hearing.

(c)

The petitioner may appeal the ARO's final determination to the board, provided that the board has received written notice of appeal within thirty (30) days of the petitioner's receipt of the ARO's final determination.

(d)

The board shall notify the petitioner of the time and place of the hearing on the petitioner's appeal. The petitioner shall have the burden of proving that he/she is entitled to an adjustment of the stormwater user fees.

(e)

At the hearing, the board shall consider any relevant and material evidence available in determining whether the petitioner is entitled to an adjustment of the stormwater user fees. The hearing shall be recorded by audiotape.

(f)

The board may grant, deny or modify the petition for adjustment. If the board determines that the petitioner is entitled to an adjustment of the stormwater user fees, the board may, in its sole discretion, make such adjustment in the form of a refund or a credit against future stormwater user fees, or both.

(g)

Persons applying for credits as provided in section 676-303 of this article shall follow the procedures set out in that section. Appeals of credit determinations and appeals of termination of credits shall be governed by the procedures in this section except that a petition for review of a credit determination or a petition for review of a credit termination must be received by the director within sixty (60) days of receipt of the credit determination or termination.

(G.O. 43, 2001, § 4; G.O. 43, 2014, § 3)