Chapter 13.25
STORM WATER ILLICIT DISCHARGE DETECTION AND ELIMINATION
Sections:
13.25.020 Prohibited discharges and connections.
13.25.040 Compliance and enforcement.
13.25.050 Notice of violation and enforcement.
13.25.060 Appeal of notice of violation.
13.25.070 Enforcement measures after appeal.
13.25.080 Emergency orders and abatements.
13.25.010 Authority and title, applicability and exemptions, legislative findings, purpose, and effective date.
(A) Authority and Title. The ordinance codified in this chapter is adopted in accordance with statutory authority granted to the City of Evansville Board of Public Works, or its designee, under Indiana’s “Home Rule” and further is required by Phase II of the National Pollutant Discharge Elimination System storm water program (40 CFR Parts 9, 122, 123, and 124; December 8, 1999) authorized by the 1987 amendments to the Clean Water Act, the Indiana Department of Environmental Management’s (IDEM) Municipal Separate Storm Sewer System (MS4) General Permit (MS4 GP), and the Indiana Department of Environmental Management’s Construction Storm Water General Permit (CSGP). Based on this authority and these requirements, this chapter regulates:
(1) Discharges of prohibited non-storm water flows into the storm drain system.
(2) Storm water, including storm water runoff, snowmelt runoff, and surface runoff and drainage, associated with construction activity.
(3) Storm water discharges from construction support activities directly related to construction sites subject to this chapter.
This chapter shall be known and may be cited as the City of Evansville Board of Public Works Illicit Discharge Ordinance. Once adopted, this chapter will supersede any conflicting ordinances previously adopted by the City of Evansville.
(B) Applicability and Exemptions. This chapter shall apply to all illicit discharges directly or indirectly entering or deposited into the MS4, unless explicitly exempted by the agency.
(C) Findings. The City of Evansville Board of Public Works, or its designee, finds that:
(1) Pollutant contributions from illicit discharges within the City of Evansville will, absent reasonable regulation, monitoring, and enforcement, adversely affect the City of Evansville’s water bodies and water resources;
(2) Storm water runoff, soil erosion, non-point source pollution, and illicit sources of pollution can be controlled and minimized by the regulation of storm water management;
(3) Adopting the standards, criteria, and procedures contained and referenced in this chapter and implementing the same will address many of the deleterious effects of storm water runoff and illicit discharges;
(4) Adopting this chapter is necessary for the preservation of the public health, safety, and welfare, for the conservation of natural resources, and for compliance with State and Federal regulations.
(D) Purpose. The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the City of Evansville through the regulation of storm water and non-storm water discharges to the storm drainage system. This chapter established methods for managing the quantity of storm water entering the storm drain system. The objectives of this chapter are:
(1) To regulate the contribution of pollutants to the storm drain system from construction site runoff.
(2) To prohibit illicit discharges into the storm drain system.
(3) To establish legal authority to carry out all inspection, monitoring, and enforcement procedures necessary to ensure compliance with this chapter.
(E) Abbreviations and Definitions.
(1) For the purpose of this chapter, the abbreviations provided below shall apply:
(a) BMP – Best Management Practice.
(b) EPA – Environmental Protection Agency.
(c) IDEM – Indiana Department of Environmental Management.
(d) MS4 – Municipal Separate Storm Sewer System.
(e) NPDES – National Pollution Discharge Elimination System.
(f) POTW – Publicly Owned Treatment Works.
(2) For the purpose of this chapter, the definitions provided below shall apply:
“Accidental discharge” means a discharge prohibited by this chapter, which occurs by change and without planning or consideration prior to occurrence.
“Authorized enforcement agency” or “agency” means the City Engineer’s office or Board of Public Works.
“Best management practices” means design, construction, and maintenance practices and criteria for storm water facilities that minimize the impact of storm water runoff rates and volumes, prevent erosion, and capture pollutants.
“Catch basin” means a chamber usually built at the curb line of a street for the admission of surface water to a storm drain or subdrain, having at its base a sediment sump designed to retain grit and detritus below the point of overflow.
“Channel” means a portion of a natural or artificial watercourse which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water. It has a defined bed and banks which serve to confine the water.
“Conveyance” means any structural method for transferring storm water between at least two points. The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, and roadways.
“Dechlorinated swimming pool discharge” means chlorinated water that has either sat idle for seven days following chlorination prior to discharge to the MS4 conveyance or, by analysis, does not contain detectable concentrations (less than five-hundredths (0.05) milligram per liter) of chlorinated residual.
“Detritus” means dead or decaying organic matter; generally contributed to storm water as fallen leaves and sticks or as dead aquatic organisms.
“Discharge” means usually the rate of water flow. A volume of fluid passing a point per unit time commonly expressed as cubic feet per second, cubic meters per second, gallons per minute, or millions of gallons per day.
“Disposal” means the discharge, deposit, injection, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste, or any constituent of the waste, may enter the environment, be emitted into the air, or be discharged into any waters, including ground waters.
“Ditch” means a manmade open watercourse in or into which excess surface water or ground water drained from land, storm water runoff, or floodwaters flow either continuously or intermittently.
“Drain” means a buried slotted or perforated pipe or other conduit (subsurface drain) or a ditch (open drain) for carrying off surplus ground water or surface water.
“Drainage” means the removal of excess surface water or ground water from land by means of ditches or subsurface drains. Also see “Natural drainage.”
“Drainage area” means the area draining into a stream at a given point. It may be of different sizes for surface runoff, subsurface flow and base flow, but generally the surface runoff area is considered as the drainage area.
“Duration” means the time period of a rainfall event.
“Environment” means the sum total of all the external conditions that may act upon a living organism or community to influence its development or existence.
“Floatable” means any solid waste that will float on the surface of the water.
“Floodplain” means the channel proper and the areas adjoining the channel which have been or hereafter may be covered by the regulator or 100-year flood. Any normally dry land area that is susceptible to being inundated by water from any natural source. The floodplain includes both the floodway and the floodway fringe districts.
“Floodway” means the channel of a river or stream and those portions of the flood plains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flow of the regulatory flood of any river or stream.
“Garbage” means all putrescible animal solid, vegetable solid, and semisolid wastes resulting from the processing, handling, preparation, cooking, serving, or consumption of food or food materials.
“Ground water” means accumulation of underground water, natural or artificial. The term does not include manmade underground storage or conveyance structures.
“Habitat” means the environment in which the life needs of a plant or animal are supplied.
Illicit Connection.
(1) Any drain or conveyance, regardless of whether said drain or conveyance had been previously allowed, permitted, or approved by an authorized enforcement agency, whether on the surface or subsurface, which allows an illicit discharge to enter the municipal separate storm sewer system (MS4); or
(2) Any drain or conveyance connected from a commercial or industrial land use to the municipal separate storm sewer system which has not been documented in plans, maps or equivalent records and approved by an agency having proper authority.
“Illicit discharge” means any discharge to a conveyance that is not composed entirely of storm water except naturally occurring floatables, such as leaves or tree limbs, that are not deliberately concentrated. Sources of illicit discharges include sanitary wastewater, septic tank effluent, car wash wastewater, oil disposal, radiator flushing disposal, laundry wastewater, roadway accident spillage, household hazardous wastes, and deliberately concentrated yard waste.
“Infiltration” means passage or movement of water into the soil. Infiltration practices include any structural BMP designed to facilitate the percolation of runoff through the soil to ground water. Examples include infiltration basins or trenches, dry wells, and porous pavement.
“MS4 operator” means the person responsible for development, implementation, or enforcement of the minimum control measures (MCMs) for a designated MS4 area.
“Municipal separate storm sewer system” means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, that is:
(1) Owned or operated by a:
(a) Federal, State, City, Town, County, district, association, or other public body (created pursuant to State law) having jurisdiction over storm water, including special districts under State law such as a sewer district, flood control district, or drainage district, or similar entity, or a designated and approved management agency under Section 208 of the Clean Water Act (33 USCA 1288) that discharges into waters; or
(b) Privately owned storm water utility, hospital, university, or college having jurisdiction over storm water that discharges into waters of the State.
(2) Designed or used for collecting or conveying storm water;
(3) Not a combined sewer; and
(4) Not part of a publicly owned treatment works (POTW) as defined in 40 CFR 122.2.
“Open drain” means a natural watercourse or constructed open channel that conveys drainage water.
“Outfall” means the point, location, or structure where a pipe or open drain discharges to a receiving body of water.
“Outlet” means the point of water disposal from a stream, river, lake, tidewater, or artificial drain.
“Person” means an individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent.
“Pervious” means allowing water to pass through.
“Point source” means any discernible, confined, and discrete conveyance including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, or container from which pollutants are or may be discharged (P.L. 92-500, Section 502[14]).
“Premises” means any building, lot, or parcel or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
“Retention” means the storage of storm water to prevent it from leaving the development site. May be temporary or permanent.
“Riparian habitat” means a land area adjacent to a waterbody that supports animal and plant life associated with that waterbody.
“Runoff” means that portion of precipitation that flows from a drainage area on the land surface, in open channels, or in storm water conveyance systems.
“Sediment” means solid material (both mineral and organic) that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the Earth’s surface.
“Site” means the entire area included in the legal description of the land on which land-disturbing activity is to be performed.
“Solid waste” means any garbage, refuse, debris, or other discarded material.
“Spill” means the unexpected, unintended, abnormal, or unapproved dumping, leakage, drainage, seepage, discharge, or other loss of petroleum, hazardous substances, extremely hazardous substances, or objectionable substances. The term does not include releases to impervious surfaces when the substance does not migrate off the surface or penetrate the surface and enter the soil.
“Storm sewer” means a closed conduit for conveying collected storm water, while excluding sewage and industrial wastes. Also called a “storm drain.”
“Storm water” means water resulting from rain, melting or melted snow, hail, or sleet.
“Storm water drainage system” means all means, natural or manmade, used for conducting storm water to, through or from a drainage area to any of the following: conduits and appurtenant features, canals, channels, ditches, storage facilities, swales, streams, culverts, streets and pumping stations.
“Storm water management system” means a collection of structural and nonstructural practices and infrastructure designed to manage storm water on a site. This system may include but is not limited to erosion control measures, storm drainage infrastructure, detention/retention facilities, and storm water quality BMPs.
“Storm water runoff” means the water derived from rains falling within a tributary basin, flowing over the surface of the ground or collected in channels or conduits.
“Subsurface drain” means a pervious backfield trench, usually containing stone and perforated pipe, for intercepting ground water or seepage.
“Surface runoff” means precipitation that flows onto the surfaces of roofs, streets, the ground, etc., and is not absorbed or retained by that surface but collects and runs off.
“Swale” means an elongated depression in the land surface that is at least seasonally wet, is usually heavily vegetated, and is normally without flowing water. Swales conduct storm water into primary drainage channels and may provide some ground water recharge.
“Water quality” means a term used to describe the chemical, physical, and biological characteristics of water, usually in respect to its suitability for a particular purpose.
“Water resources” means the supply of ground water and surface water in a given area.
“Waterbody” means any accumulation of water, surface or underground, natural or artificial, excluding water features designed and designated as water pollution control facilities.
“Watercourse” means any river, stream, creek, brook, branch, natural or manmade drainageway in or into which storm water runoff or floodwaters flow either continuously or intermittently.
“Watershed” means the region drained by or contributing water to a specific point that could be along a stream, lake or other storm water facility. Watersheds are often broken down into subareas for the purpose of hydrologic modeling.
“Watershed area” means all land and water within the confines of a drainage divide. See also “Watershed.”
“Wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
“Yard waste” means and includes, but shall not be limited to, garden, lawn or tree trimmings, leaves, plants, weeds and other organic matter.
(F) Responsibility for Administration. The City of Evansville Board of Public Works, or its designee, shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the City of Evansville Board of Public Works or its designee to qualified persons or entities acting in the beneficial interest of or in the employ of the City of Evansville.
(G) Interpretation. Words and phrases in this chapter shall be construed according to their common and accepted meanings, except that words and phrases defined in subsection (E) of this section shall be construed according to the respective definitions given in that subsection. Technical words and technical phrases that are not defined in this chapter but which have acquired particular meanings in law or in technical usage shall be construed according to such meanings.
(H) Severability. The provisions of this chapter are hereby declared severable, and if any court of competent jurisdiction should declare any part or provision of this chapter invalid or unenforceable, such invalidity or unenforceability shall not affect any other part or provision of this chapter.
(I) Disclaimer of Liability. The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on historical records, engineering, and scientific methods of study. This chapter shall not create liability on the part of the City of Evansville Board of Public Works, or its designee, or any officer, representative, or employee thereof, for any damage that may result from reliance on this chapter or on any administrative decision lawfully made thereunder. [Ord. G-2024-7, passed 10-15-24.]
13.25.020 Prohibited discharges and connections.
(A) Applicability and Exemptions. This section shall apply to all discharges, including illegal dumping, entering the storm drain system under the control of the City of Evansville, regardless of whether the discharge originates from developed or undeveloped lands, and regardless of whether the discharge is generated from an active construction site or a stabilized site. These discharges include flows from direct connections to the storm drain system, illegal dumping, and contaminated runoff.
Storm water runoff from agricultural, timber harvesting, and mining activities is exempted from the requirements of this section unless determined to contain pollutants not associated with such activities or in excess of standard practices. Farm residences are not included in this exemption.
Any non-storm water discharge permitted under an NPDES permit, waiver (unless the waiver is solely based on point source considerations, still allowing non-point source discharge of a pollutant), 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 all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted for the subject discharge to the storm drain system, is also exempted from this section.
(B) Prohibited Discharges and Connections. No person shall discharge to a MS4 conveyance, watercourse, or waterbody, directly or indirectly, any substance other than storm water or an exempted discharge. Any person discharging storm water shall effectively minimize pollutants from also being discharged with the storm water, through the use of best management practices (BMPs).
Concrete washout material must be properly contained within an appropriate practice and any waste material properly disposed of.
The City of Evansville Board of Public Works, or its designee, is authorized to require dischargers to implement pollution prevention measures, utilizing BMPs necessary to prevent or reduce the discharge of pollutants into the City of Evansville’s storm water drainage system.
Unless approved in writing by the MS4 operator, agency, or other State or Federal entity having the authority and jurisdiction, the commencement or continuance of any direct or indirect illicit discharge or illicit connections made in the past, regardless of whether the discharge or connection was permissible under law or practices applicable or prevailing at the time of connection.
(C) Exempted Discharges and Connections. Notwithstanding other requirements in this chapter, the following categories of non-storm water discharges or flows are exempted from the requirements of this section:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted streamflows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration;
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water;
(19) Discharges from firefighting activities;
(20) Naturally introduced detritus (e.g., leaves and twigs).
(D) Storage of Hazardous or Toxic Material. Storage or stockpiling of hazardous or toxic material within any watercourse, or in its associated floodway or floodplain, is strictly prohibited. Storage or stockpiling of hazardous or toxic material, including sewage treatment plant stockpiles, on active construction sites must include adequate protection and/or containment so as to prevent any such materials from entering any temporary or permanent storm water conveyance or watercourse.
(E) Private Property Maintenance Duties. Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse located within their property boundaries free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
(F) Spill Reporting. Any discharger who accidentally discharges into a waterbody any substance other than storm water or an exempted discharge shall immediately inform the City of Evansville Board of Public Works, or its designee, concerning the discharge. A written report concerning the discharge shall be filed by the dischargers with the City of Evansville Board of Public Works, or its designee, and IDEM within five days. The written report shall specify:
(1) The composition of the discharge and the cause thereof;
(2) The date, time, and estimated volume of the discharge;
(3) All measures taken to clean up the accidental discharge, and all measures proposed to be taken to prevent any recurrence;
(4) The name and telephone number of the person making the report, and the name and telephone number of a person who may be contacted for additional information on the matter.
A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this chapter against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief because of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of this section. This requirement does not relieve discharger from notifying other entities as required by State or Federal regulations.
(G) Inspections and Monitoring.
(1) Storm Drainage System. The City of Evansville Board of Public Works, or its designee, has the authority to periodically inspect the portion of the storm drainage system under the City of Evansville’s control, to detect and eliminate illicit connections and discharges into the system. This inspection will include a screening of discharges from outfalls connected to the system in order to determine if prohibited flows are being conveyed into the storm drainage system. It could also include spot testing of waters contained in the storm drainage system itself to detect the introduction of pollutants into the system by means other than a defined outfall, such as dumping or contaminated sheet runoff.
If security measures are in force which require proper identification and clearance before entry onto premises, the property owner shall make the necessary arrangements to allow access. Denial or unreasonable delays in allowing access to premises subject to regulation under this chapter is a violation of this chapter and violators will be subject to the same fines and penalties set forth herein.
The City of Evansville Board of Public Works or their designee shall have the right to mobilize and operate on any premises such devices as are necessary to conduct monitoring, sampling, or testing of the property’s storm water discharge.
(2) Potential Polluters. If, as a result of the storm drainage system inspection, a discharger is suspected of an illicit discharge, the City of Evansville Board of Public Works, or its designee, may inspect and/or obtain storm water samples from storm water runoff facilities of the subject discharger, to determine compliance with the requirements of this chapter. Upon request, the discharger shall allow the City of Evansville’s properly identified representative to enter upon the premises of the discharger at all hours necessary for the purposes of such inspection or sampling. The City of Evansville Board of Public Works, or its designee, may place on the discharger’s property the equipment or devices used for such sampling or inspection. Identified illicit connections or discharges shall be subject to enforcement action as described in this chapter. [Ord. G-2024-7, passed 10-15-24.]
13.25.030 Requirements to prevent, control and reduce storm water pollutants by the use of best management practices.
The agency may establish requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of the MS4. The person responsible for any such activity, operation or facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of these structural and nonstructural BMPs. Any person responsible for a property or premises which is or may be the source of an illicit discharge or illicit connection may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the MS4. [Ord. G-2024-7, passed 10-15-24.]
13.25.040 Compliance and enforcement.
In addition to the requirements of this chapter, compliance with the requirements set forth in the local zoning ordinances is also necessary. Compliance with all applicable ordinances of the City of Evansville Board of Public Works or their designee as well as with the applicable State of Indiana statutes and regulations shall also be required. Unless otherwise stated, all other specifications referred to in this chapter shall be the most recent edition available. Violations of the requirements of this chapter are subject to the penalties listed in EMC 13.25.050. [Ord. G-2024-7, passed 10-15-24.]
13.25.050 Notice of violation and enforcement.
(A) If any person owning or occupying premises is discovered to be in violation of this chapter, the agency or MS4 operator may serve upon said person a written notice of violation (NOV) by personal service, e-mail or certified mail and order the correction of any such violations. If abatement of the violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation 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 contractor thereof and all direct and indirect expenses and costs thereof shall be charged to the violator. Within 15 days of the receipt of an NOV, or shorter period as may be prescribed in the NOV, the person served the NOV must submit to the agency or MS4 operator a written explanation of the violation and a plan for the satisfactory correction thereof. The plan shall include specific actions to correct the violation and restore any land areas adversely affected by the violation. Submission of the plan will not affect liability and violators will be subject to the same penalties set forth herein.
(B) The agency or the MS4 operator may, without prior notice, issue an order to suspend or terminate MS4 access to stop an actual or threatened illicit discharge. If the responsible person fails to comply with an order suspending or terminating access to the MS4, the agency or the MS4 operator may take any and all measures necessary to prevent or minimize damage to the MS4 and the violator shall be liable for all direct and indirect expenses and costs in addition to the penalties set forth herein.
(C) Suspension Due to Illicit Discharges in Emergency Situations. The City of Evansville Board of Public Works or their designee may, without prior notice, suspend storm water drainage system 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 storm water drainage system or waters of the State. If the violator fails to comply with a suspension order issued in an emergency, the City of Evansville Board of Public Works or their designee may take such steps as deemed necessary to prevent or minimize damage to the storm water drainage system or waters of the State, or to minimize danger to persons.
(D) Suspension Due to the Detection of Illicit Discharge. Any person discharging to the storm water drainage system in violation of this chapter may have their storm water drainage system access terminated if such termination would abate or reduce an illicit discharge. The City of Evansville Board of Public Works, or its designee, will notify a violator of the proposed termination of its storm water drainage system access. The violator may petition the City of Evansville Board of Public Works, or its designee, for a reconsideration and hearing. A person commits an offense if the person reinstates storm water drainage system access to premises terminated pursuant to this section without the prior approval of the City of Evansville’s Board of Public Works.
(E) Suspension of Access to the Storm Water Drainage System. When the Board of Public Works, or its designee, finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the City of Evansville Board of Public Works, or its designee, may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to immediately comply with all ordinance requirements and take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
Any person notified of an emergency order directed to it under this subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger’s failure to immediately comply voluntarily with the emergency order, the City of Evansville Board of Public Works, or its designee, may take such steps as deemed necessary to prevent or minimize harm to the storm water drainage system or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility’s water supply, sewer connection, or other municipal utility services.
The City of Evansville Board of Public Works, or its designee, may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the City of Evansville Board of Public Works, or its designee, that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this chapter. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the City of Evansville Board of Public Works, or its designee, within five days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(F) Criminal Penalties for Violations. For intentional and flagrant violations of this chapter, the Board of Public Works, or its designee, may issue a notice to the applicant or other responsible person and the owner of the property, requiring such person to appear in the Circuit or Superior Court of City of Evansville, Vanderburgh County to answer charges for such violation. Upon conviction, such person shall be punished by a fine as set by the Board of Public Works, or its designee, plus costs, damages, and expenses or imprisonment for 60 days, or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
(G) Cost of Abatement of the Violation. In addition to any other remedies, should any owner fail to comply with the provisions of this chapter, the Board of Public Works, or its designee, may, after giving notice and opportunity for compliance, have the necessary work done, and the owner shall be required to promptly reimburse the Board of Public Works, or its designee, for all costs of such work.
Nothing herein contained shall prevent the Board of Public Works, or its designee, from taking such other lawful action as may be necessary to prevent or remedy any violation. All costs connected therewith shall accrue to the person or persons responsible. Costs include, but are not limited to, repairs to the storm water drainage system made necessary by the violation, as well as those penalties levied by the EPA or IDEM for violation of the Board of Public Works’, or its designee’s, NPDES permit, administrative costs, attorney fees, court costs, and other costs and expenses associated with the enforcement of this chapter, including sampling and monitoring expenses.
If the amount due for abatement of the violation is not paid within a timely manner as determined by the decision of the Board of Public Works, or its designee, or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. [Ord. G-2024-7, passed 10-15-24.]
13.25.060 Appeal of notice of violation.
Any person receiving a notice of violation from the agency may appeal in writing within five business days from the date of the notice of violation. The agency will hold a hearing on the appeal within 15 business days from the date of receipt of the notice of appeal and the decision of the agency shall be final. [Ord. G-2024-7, passed 10-15-24.]
13.25.070 Enforcement measures after appeal.
If an appeal is denied by the agency, the responsible person shall correct the violation in accordance with the terms of the notice of violation and/or any modifications to the notice of violation as determined during the appeal hearing. In the event that the responsible person fails to correct the violation in accordance with the terms of the notice of violation and/or appeal hearing, the agency shall utilize all applicable provisions of this chapter to correct the violation and the responsible person will be assessed any and all related costs. [Ord. G-2024-7, passed 10-15-24.]
13.25.080 Emergency orders and abatements.
The agency may order the abatement of any illicit discharge from any source to the MS4 when, in the opinion of the agency, the discharge causes or threatens to cause a condition that presents an imminent danger to the public health, safety, or welfare of the citizens of the City or to the environment. If such emergency situations occur and the responsible person cannot be located, or time constraints are such that service of a notice and order to abate cannot be completed without presenting an immediate danger to the public health, safety, or welfare or to the environment, the City may undertake the abatement of said threat or danger and the violator shall be liable for all related abatement costs in addition to the penalties set forth herein. [Ord. G-2024-7, passed 10-15-24.]
13.25.090 Penalty.
Any person who violates any provision of this chapter or who has failed to comply with any provision of this chapter shall be subject to the penalties set forth in EMC 1.05.180. [Ord. G-2024-7, passed 10-15-24.]