A. 
The City hereby establishes a Stormwater Utility within the Public Works Department to provide for the management, protection, control, regulation, use, construction, and enhancement of the stormwater systems and to facilities owned or operated by the City.
B. 
The management and supervision of the Stormwater Utility shall be under the direction of the Director of Public Works.
C. 
The City hereby establishes a Stormwater Fund. All revenues of the Stormwater Utility shall be deposited into the Stormwater Fund and used for purposes of the Stormwater Utility as deemed appropriate by the City Council.
[Ord. No. 2018-93]
CITY
The City of Bloomington, a municipal corporation organized under the laws of the State of Illinois.
COMBINED SEWER
A sewer designed to receive or receiving both wastewater and storm or surface water.
CREDIT
A conditional reduction; the amount of a stormwater service charge to an individual property based upon the provisions of the Bloomington Stormwater Credit Manual.
DEVELOPED LAND
Property that has been altered from its natural state by the addition of impervious area equal to at least 2% of the gross area.
GROSS AREA
The entire area of a parcel, including both the impervious and pervious areas.
IMPERVIOUS AREA or IMPERVIOUS SURFACE
Those areas that prevent or impede the infiltration of stormwater into the soil. Common impervious arm include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, compacted aggregate and awnings.
IMPERVIOUS AREA UNIT (IAU)
Shall be used as the basis for determining the stormwater service charge to a parcel. One thousand square feet of impervious area shall be one IAU. The number of IAU's attributed to a parcel will be determined by dividing the total impervious area (square feet) of the parcel by 1,000 and rounding the result up to the next integer.
NPDES or NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
The national permitting Program implemented under the Clean Water Act.
SINGLE FAMILY RESIDENTIAL (SFR)
A. 
Developed land containing one dwelling structure which contains one or more bedrooms, with a bathroom and kitchen facilities, designed for occupancy by one or two families. SFR units may include houses (including duplexes), manufactured homes and mobile homes located on one or more individual lots or parcels of land.
B. 
Developed land may be classified as a SFR despite the presence of a commercial use within the dwelling unit so long as such use does not result in additional impervious area such as parking spaces, playgrounds, structures or additions to the building which are used for nonresidential uses.
STORMWATER SYSTEM
A conveyance or system of conveyances and include sewers, storm drains, curbs, gutters, ditches, retention ponds or basins, dams, river impoundment, man-made channels or storm drains and flood control facilities and appurtenances thereof which is designed or used for the collection, control, transportation, treatment or discharge of stormwater. Combined sewers are not included in the stormwater system.
[Ord. No. 2004-23]
[Ord. No. 2004-23]
Stormwater service charges shall be determined by the City Council. The revenue generated by stormwater service charges together with any other sources of revenue that may be made available to the stormwater utility will be sufficient to meet the obligations of the Stormwater Utility.
A. 
Effective on billing cycles beginning May 1, 2018, there shall be and there are hereby established monthly rates and charges for the use of service of the stormwater system of the City based upon the following:
(1) 
Single Family Residential (SFR) property charges:
(a) 
Small parcels (gross area less than or equal to 7,000 square feet): $3.77 per month.
(b) 
Medium parcels (gross area greater than 7,000 square feet and less than or equal to 12,000 square feet): $5.66 per month.
(c) 
Large parcels (gross area over 12,000 square feet): $9.43 per month.
(2) 
Parcels other than Single Family Residential:
(a) 
Charge per Impervious Area Unit (IAU): $1.89 per month.
(b) 
Parcels less than or equal to 4,000 square feet shall be charged a flat rate equivalent to four IAU's: $7.54 per month.
(c) 
Parcels greater than 4,000 square feet will be charged for the actual number of IAU's within the parcel, or four IAU's whichever is greater.
B. 
Effective on the billing cycle beginning May 1, 2019, the established monthly rates and charges for the use of service of the stormwater of the City will increase annually, at a compounding rate of 3% over the rate from the previous year, on May 1 of each year until May 1, 2024. Effective and beginning May 1, 2024, the stormwater fees shall be increased annually on May 1 of each year by CPI-WST (Water, Sewer, and Trash Collection), based on an average of the previous calendar year, or similar index if CPI-WST is not available.
[Ord. No. 2017-81; amended 11-27-2023 by Ord. No. 2023-110]
A. 
All property in the City containing developed land shall be charged stormwater service charges except pedestrian/bicycle trails, streets and highway rights-of-ways owned by a Township, McLean County, the City of Bloomington, or the State of Illinois.
B. 
Parcels shall be eligible to receive a stormwater service charge credit based upon the requirements of the Bloomington Stormwater Credit Manual.
C. 
Any credit allowed against the stormwater service charge is conditioned upon continuing compliance with the Bloomington Stormwater Credit Manual.
[Ord. No. 2004-23]
A. 
Billings for Stormwater Sewer Service charges shall be rendered by the Public Works Department on a monthly, quarterly or annual basis at the discretion of the City of Bloomington.
B. 
When Stormwater Service Charges are not paid on or before the due date stated on the bill, a penalty of 10% shall be added. Failure to receive a bill does not entitle the owner or customer to a remission of penalty.
C. 
Notice must be given by the parcel owner or authorized agent if it is desired that bills be forwarded to any other address than the parcel address.
D. 
The owner of any lot, building or premises and the occupant thereof and the customer of the water service of said system shall be jointly and severally liable to pay for such Stormwater Service Charges for said premises.
E. 
In the event that the City deems it necessary to refer past due stormwater service charges to the City attorney or a collection agency for collection, the City may additionally recover its actual expenses so incurred, including court costs, collection agency fees and reasonable attorney's fees, in accordance with Chapter 27, §§ 27-506 through 27-508 of City Code.
[Ord. No. 2018-93]
Any customer who believes the provisions of this article have been applied in error may appeal in the following manner:
A. 
An appeal must be filed in writing with the Director of Public Works. In the case of service charge appeals, the appeal shall include a survey prepared by a Licensed Land Surveyor or Licensed Professional Engineer containing information on the total property area, the impervious surface area, and any stormwater management features, such as detention facilities or conditions which influence the hydrologic response of the property to rainfall events. All pertinent calculations shall be included.
B. 
Using the information provided by the appellant the Director of Public Works shall conduct a technical review of the conditions on the property and respond to the appeal in writing within 60 days.
C. 
In response to an appeal, the Director of Public Works may adjust the stormwater service charge and any late payment penalties applicable to a property in conformance with the general purpose and intent of this article.
D. 
A decision of the Director of Public Works that is adverse to an appellant may be appealed to the Construction Board of Appeals (CBA) within 30 days of receipt of notice of the adverse decision. The appeal must be filed in writing with the Secretary of the CBA by the appellant and include a detailed explanation of the grounds for the appeal. The CBA shall issue a written decision on the appeal within 60 days.
E. 
Any appeal of the decision of the Construction Board of Appeals must be made pursuant to Illinois Law.
[Ord. No. 2018-93]
[Ord. No. 2004-23]
The provisions of this Ordinance are severable, and if any of the provisions shall be held unlawful by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.