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) 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 per month, regardless of the number of ERUS computed for the landowner’s property. A fee of $225 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 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.