City of Bloomington


The City of Bloomington has enacted a Stormwater Ordinance in order to provide for the health, safety, and general welfare of the citizens of the city through the regulation of stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. The City of Bloomington is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Bloomington will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Bloomington, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Bloomington has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.

Excerpt from Code of Ordinance

10.08.045 - Rates—Stormwater utility users.

(a) The rates and charges of the stormwater utility shall be as follows: The stormwater system user fee is applicable to all utility customers with accounts within the stormwater service area. All customers classified by the utility as being single-family residential (SFR) shall pay a monthly SFR base charge. All non SFR customers shall be charged based upon the amount of runoff generated by the customer or the monthly SFR base charge, whichever is greater. The amount of runoff subject to the stormwater utility rate for all non SFR customers shall be determined by a calculation based upon the following formula, minus any credits, as approved by the Utilities Service Board:

SFR base charge * ( Runoff generated by Non SFR customer / Runoff generated by the average SFR customer )

The monthly SFR base charge shall increase in two phases:

(1) The SFR monthly base charge for the first phase shall be $4.32 cents and shall commence on July 1, 2019.

(2) The SFR monthly base charge for the second phase shall be $5.95 and shall commence on January 1, 2020.

(b) These rates and charges shall be billed monthly, and all provisions of the Indiana Code, the Bloomington Municipal Code and the city utilities department "Rules, Regulations and Standards of Service" which apply to the payment and collection of rates and charges for wastewater services shall apply equally to the rates and charges for stormwater utilities services.

(Ord. 03-24 § 2, 2003: Ord. 01-15 § 1, 2001; Ord. 99-04 § 3, 1999: Ord. 98-29 § 4, 1998).

(Ord. No. 12-28, § 1, 12-19-2012; Ord. No. 19-02, § 1, 2-20-2019)

10.08.050 - Rates—Exemptions.

Water which is used in process of manufacture or for any other purpose which does not discharge into the sanitary sewers shall be exempted; provided, however that the property owner shall install, under the supervision of the utility, the necessary meters to indicate the amount of water used which does not discharge into the sanitary sewers. All meter installation and maintenance costs shall be paid by the user, including a monthly service charge as provided in Section 10.08.040.

(Ord. 80-26 § 1 (part), 1980).

(Ord. No. 12-28, § 1, 12-19-2012)

10.08.060 - Rates—Utility measurement of water.

(a) In the event a lot, parcel of real estate, or building discharging wastewater, water, or other liquids into the wastewater treatment system, either directly or indirectly, is not a user of water supplied by the utility and the water used is not measured by a utility water meter or by a meter acceptable to the utility, then the amount of water used shall be otherwise measured or determined by the utility in order to determine the rate or charge provided for in this chapter, or the user may at his expense install and maintain a meter acceptable to the utility for this purpose.

(b) In the event a lot, parcel of real estate, or building discharges industrial wastewater either directly or indirectly into the wastewater treatment system and the utility finds it is not practical to attempt to measure such wastes by meter, it may be measured in such manner and by such methods as the utility may find practical in the light of the conditions and attendant circumstances in order to determine the rate or charge according to the corresponding rates per thousand gallons provided in this chapter. Higher than average wastewater strengths shall pay accordingly.

(Ord. 80-26 § 1 (part), 1980).

(Ord. No. 12-28, § 1, 12-19-2012)

10.08.070 - Rates—Nonmetered users.

The minimum rate or charge for any service where the user is not a metered water user shall be $796.74 per year, payable monthly. At the request of the utility or user, a meter which measures either the water use of the customer or the discharge into the sanitary sewer system shall be installed at the user's expense. Where a meter has been installed or the customer's water use records are available at no charge from the water supplier, the charge for service shall be computed on the basis of water usage plus monthly service charge, just as it is with a metered user, subject to the annual minimum charge.

For service rendered to lots, parcels of real estate or buildings located outside the corporate limits of the city, there shall be a twelve percent surcharge imposed in addition to the general service rates established in this section.

(Ord. 11-13 § 2, 2011; Ord. 05-34 § 2, 2005; Ord. 03-24 § 3, 2003: Ord. 00-34 § 2, 2000: Ord. 98-29 § 5, 1998: Ord. 94-41 § 2, 1994: Ord. 89-36 § 2, 1989: Ord. 81-16 § 2, 1981: Ord. 80-26 § 1 (part), 1980).

(Ord. No. 12-28, § 1, 12-19-2012; Ord. No. 16-10, § 2, 6-15-2016; Ord. No. 19-16, § 2, 9-18-2019)

10.21.080 - General requirements for individual building lots within a permitted project.

All stormwater quality measures, including erosion and sediment control, necessary to comply with this chapter must be implemented in accordance with the plan and sufficient to satisfy the following conditions.

Provisions for erosion and sediment control on individual building lots regulated under the original permit of a project site owner must include the following requirements:

(a) The individual lot operator, whether owning the property or acting as the agent of the property owner, shall be responsible for erosion and sediment control requirements associated with activities on individual lots.

(b) Installation and maintenance of a stable construction site access.

(c) Installation and maintenance of appropriate perimeter erosion and sediment control measures prior to land disturbance.

(d) Sediment discharge and tracking from each lot must be minimized throughout the land disturbance activities on the lot until permanent stabilization has been achieved.

(e) Clean-up of sediment that is either tracked or washed onto roads. Bulk clearing of sediment shall not include flushing the area with water. Cleared sediment must be redistributed or disposed of in a manner that is in compliance with all applicable laws and ordinances.

(f) Adjacent lots disturbed by an individual lot operator must be repaired and stabilized with temporary or permanent surface stabilization.

(g) For individual residential lots, final stabilization meeting the criteria in Section 10.21.070(t) above rule will be achieved when the individual lot operator:

(1) Completes final stabilization; or

(2) Has installed appropriate erosion and sediment control measures for an individual lot prior to occupation of the home by the homeowner and has informed the homeowner of the requirement for, and benefits of, final stabilization.

(Ord. 07-28 § 1 (part), 2007).

(Ord. No. 12-28, § 1, 12-19-2012)

10.21.090 - Monitoring of discharges.

The city shall have the authority to monitor discharges from construction sites covered under this chapter and as provided in the Bloomington Municipal Code Chapter 10.20 Illicit Stormwater Connection and Discharge.

(Ord. 07-28 § 1 (part), 2007).

(Ord. No. 12-28, § 1, 12-19-2012)

10.21.100 - Requirement to prevent, control, and reduce stormwater pollutants by the use of best management practices.

The city will establish requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the U.S. The owner or operator of a construction site shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and nonstructural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWP3) to the extent necessary for compliance with requirements of the NPDES permit.

(Ord. 07-28 § 1 (part), 2007).

(Ord. No. 12-28, § 1, 12-19-2012)

10.21.110 - Post-construction controls for new development or redevelopment.

On areas that undergo new development or redevelopment, site construction resulting in disturbance of one acre or more total land area, post-construction control measures in the form of structural and/or non-structural best management practices are required. Specifically, post-construction stormwater pollutant loading should not exceed pre-construction pollutant loading. Pre-construction refers to the site immediately before the planned land disturbance and development activities occur. Pre-construction is not intended to be interpreted as that period before any human-induced land disturbance activity has occurred. Post-construction pollutant loadings will be controlled through the six minimum control measures under the city's stormwater NPDES permit. Post-construction stormwater best management practices (BMPs) shall follow the Indiana Storm Water Quality Manual as a guidance document. The city shall have full technical and administrative approval authority on the application and design of all post-construction BMPs, conditions, definitions, and submittal requirements of construction plans and specifications and other related documents. The minimum measures are implemented to meet the terms defined in 327 IAC 15-5-6.5(a)(8) which are enumerated below.

The post-construction stormwater pollution prevention plan (SWP3). The SWP3 must include the following information:

(a) A description of potential pollutant sources from the proposed land use that may reasonably be expected to add a significant amount of pollutants to stormwater discharges.

(b) Location, dimensions, detailed specifications, and construction details of all post-construction stormwater quality measures.

(c) A description of measures that will be installed to control pollutants in stormwater discharges that will occur after construction activities have been completed. Such practices include infiltration of run-off, flow reduction by use of open vegetated swales and natural depressions, buffer strip and riparian zone preservation, filter strip creation, minimization of land disturbance and surface imperviousness, maximization of open space, and stormwater retention and detention ponds.

(d) A sequence describing when each post-construction stormwater quality measure will be installed.

(e) Stormwater quality measures that will remove or minimize pollutants from stormwater run-off.

(f) Stormwater quality measures that will be implemented to prevent or minimize adverse impacts to stream and riparian habitat.

(g) A narrative description of the maintenance guidelines for all post-construction stormwater quality measures to facilitate their proper long term function. This narrative BMP description shall be made available to future parties who will assume responsibility for the operation and maintenance of the post-construction stormwater quality measures.

(Ord. 07-28 § 1 (part), 2007).

(Ord. No. 12-28, § 1, 12-19-2012)

10.21.120 - Enforcement.

Enforcement of this chapter shall be subject to the severity of the infraction and the construction site operator's efforts to comply. The city shall reserve the right to interpret enforcement on a case by case basis. Tiered enforcement will be practiced at the mayor's discretion. The tiered enforcement may include:

(a) Verbal warning to the construction site operator to make corrections.

(b) Written warning to the construction site operator to make corrections within a specified period of time. The period of time shall take into account issues such as the severity of the problem, pending weather, seasonal conditions, and the level of effort necessary to correct the problem.

(c) Warning of noncompliance with directions to the construction site operator that site conditions require immediate action.

(d) Stop Work Order. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

LINKS:

Code of Ordinance