R930-9-4. Connections to Drainage Systems, Permitting, Fees

  (1) The Department has the authority to require compensation from a local government or property owner to connect to drainage systems located within Department right-of-way.

  (2) The Department may recover the costs of managing a local government or property owners' connection to drainage systems located within Department right-of-way.

  (3) The Department may issue and require the local government or property owner to obtain a permit to connect to a drainage system located within Department right-of-way. The primary purpose of the drainage system is for the management of stormwater runoff from the Department's right-of-way. Drainage flows from offsite areas must not exceed the capacity of the drainage system or interfere with the Department's ability to use its drainage system. The Department has the discretion to deny requested connections to its drainage systems. If the application is complete and a connection is permitted, the Department will either enter into an agreement with the local government or the property owner shall sign the Department's drainage agreement.

  (4)(a) The local government or property owner will be responsible for all costs associated with clean-up necessary or any imposed fines or penalties due to non-stormwater discharges into the Department's drainage system regardless if a connection has been permitted.

  (b) If the local government or property owner fails to take measures to prevent non-stormwater discharges, the Department will require the connection to be removed from the Department's drainage system.

  (5) The Department may require the local government or property owner seeking to connect to a Department drainage system to provide a surety bond sufficient to protect the Department from harm to its drainage system caused in whole or part by work performed on or substances discharging from a local government's system.

  (6) The Department may adopt a fee schedule that indicates required dollar amounts for surety bonds required of various types of utility services or for property owners seeking permits to connect to a Department drainage system.

  (7) The Department may adopt a fee schedule covering connection, permit, and management fees it charges local governments and property owners and will make it publicly available.

  (8) Fees collected by the Department under this rule shall be deposited with the state treasurer and credited to the Transportation Fund.