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HomeMy Public PortalAbout2008-09 - RULES AND REQUIREMENTS FOR STORM SEWER SYSTEMORDINANCE 2008 -9 is AN ORDINANCE CREATING CHAPTER 9, ARTICLE 7 OF THE GREENCASTLE CITY CODE REGARDING THE MUNICIPAL SEPARATE STORM SEWER SYSTEM WHEREAS, the City of Greencastle and DePauw University have been declared to be an MS4 Community by the Indiana Department of Environmental Management; and WHEREAS, the Indiana Department of Environmental Management requires MS4 Communities to put certain measures in place to regulate discharges into the Community's storm sewer system; NOW THEREFORE be it ordained by the Common Council of the City of Greencastle that it hereby adopts Chapter 9, Article 7 of the Greencastle City Code establishing rules and requirements regarding the City's storm sewer system as follows- ARTICLE 7. MUNICIPAL SEPARATE STORM SEWER SYSTEM Sec. 9 -170 Purpose and Intent. The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of the Depauw /Greencastle MS4 community through the regulation of non- stormwater discharges to the storm drainage system as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this ordinance are: a. To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4). b. To prohibit Illicit Connections and Discharges to the municipal separate storm sewer system. c. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this ordinance. Sec. 9 -171 Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. Sec. 9-172 Definitions. for the purposes of this ordinance, the following shall mean: a. Authorized Enforcement Agency employees or designees of the Mayor of the City of Greencastle designated to enforce this ordinance. b. Best Management Practices (BMPs): schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the ® discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating ® m. Stormwater Pollution Prevention Plan A document which describes the Best Management Practices and activities to be implemented by a person or business to i dentify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. n. Wastewater: Means any water or other liquid, other than uncontaminated storm water, discharged from a facility. Sec 9 -173 Permits. a. No person shall be granted a site development permit for land - disturbing activity that would require the uncovering of I acre or more without the approval of an Erosion and Sediment Control Plan by the City of Greencastle. b. No site development permit is required for the following activities: 1) Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. 2) Existing nursery and agricultural operations conducted as a permitted main or accessory use. c. Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm. d. Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Erosion and Sediment Control Plan. L� See. 9 -174 Review and Approval. a. The City of Greencastle will review each application for a site development permit to determine its conformance with the provisions of this regulation and: 1) Approve the permit application allowing the owner to submit a Notice of Intent to IDEM with the required filing fee; 2) Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or 3) Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission. Sec. 9 -175 Erosion and Sediment Control Plan a. The Erosion and Sediment Control Plan shall include the following: 1) A natural resources map identifying soils, forest cover, and natural resources. 2) A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. 3) All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and after completion of ® development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season. ® Sec. 9-176 Inspection. a. The permittee or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Erosion and Sediment Control Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. b. The City of Greencastle shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved. Sec. 9 -177 Discharge Prohibitions. Prohibition of Illegal Discharges No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows, which shall be: a. Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, n on- commercial w ashing o f v ehicles, n atural r iparian h abitat or wet -land flows, swimming pools (if de- chlorinated - typically less than one PPM chlorine), fire fighting activities, and any other water sources not containing Pollutants. b. Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety. c. Dye testing, provided that a verbal notification has been given to the City of Greencastle prior to the time of the test. d. The prohibition shall not apply to any non -storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with a 11 requirements o f t he permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. Sec 9 -178 Suspension of MS4 Access. a. Suspension due to Illicit Discharges in Emergency Situations. The authorized enforcement agency may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such ® steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons. " record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. See. 9-182 ENFORCEMENT a. Notice of Violation Whenever the authorized enforcement agency finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: 1. Monitoring, analysis, and reporting; 2. The elimination of illicit connections or discharges; 3. That violating discharges, practices, or operations shall cease and desist; 4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and 5. Payment of a fine to cover administrative and remediation costs; and 6. The implementation of source control or treatment BMPs. 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. b. Appeal of Notice of Violation Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within 5 days from the date of the Notice of Violation. Hearing on the appeal before the Greencastle Board of Works shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final. c. Enforcement Measures After Appeal If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 5 days of the decision of the municipal authority of the authorized enforcement agency, then representatives of the authorized enforcement agency shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. The violator shall be responsible for all expenses associated with the abatement of the violation. The City of Greencastle shall place a lien on the property for any expenses that are unpaid for 30 days. d. Injunctive Relief It shall he unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. If a person has violated or continues to violate the provisions of this ordinance, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the person from activities which would create further " violations or compelling the person to perform abatement or remediation of the violation.