Chapter 16.15
EROSION AND SEDIMENT CONTROL FOR SITES OF LESS THAN ONE ACRE
Sections:
16.15.060 Enforcement – Violations – Penalties.
16.15.010 Purpose.
The purpose of this chapter is to conserve natural resources, protect the quality of air and water, and protect and promote the health, safety and general welfare of the residents of the City of Evansville by preventing soil erosion and sediment from being transported onto public and private properties as a result of land-disturbing activities of less than one acre. [Ord. G-2008-12 § 2, passed 4-9-08; Ord. G-96-22, passed 11-25-96. 1983 Code § 9.98.01.]
16.15.020 Policy.
It is the policy of the City of Evansville to require that erosion and sediment control measures be employed prior to any land-disturbing activities of less than one acre to prevent off-site damage due to erosion and sedimentation of drainage ditches, storm sewers, ponds, lakes, streets or other property, public and private, due to change in and use or rerouting of surface water. All erosion and sedimentation control measures employed shall comply with the design criteria, standards and specifications as set out in the Indiana Handbook For Erosion Control in Developing Areas, and its updates and amendments, as published by the Indiana Department of Natural Resources. Two copies of which shall be maintained in the office of the City Clerk. [Ord. G-2008-12 § 3, passed 4-9-08; Ord. G-96-22, passed 11-25-96. 1983 Code § 9.98.02.]
16.15.030 Applicability.
This chapter applies to all land-disturbing activities of less than one acre on property located within the City of Evansville. Agricultural land-disturbing activities, as defined herein, are excepted from the requirements of this chapter. [Ord. G-2008-12 § 4, passed 4-9-08; Ord. G-96-22, passed 11-25-96. 1983 Code § 9.98.03.]
16.15.040 Definitions.
For the purpose of this chapter, the following definitions shall apply. Any pertinent word or term not a part of this listing shall be construed to have its usual legal meaning. Additional definitions may be found in the “Indiana Handbook For Erosion Control in Developing Areas,” which are incorporated herein by reference.
“Agricultural land-disturbing activities” means the disturbance of land for the production of animal or plant life, including, but not limited to, forestry, pasturing of livestock, and planting, growing, cultivating, and harvesting crops for human or livestock consumption. This definition does not include the construction of farm facilities including, but not limited to, dwellings, barns, sheds or other structures.
“Authorized agent” means a representative of SWCD, employee of the Building Commissioner’s office, employee of the Board of Public Works or other authorized agent of the City.
“Corrective measures” means the employment of erosion and sediment control measures at a noncompliance site, and shall also include, but not be limited to, cleanup and repair of public or private property negatively affected as a result of noncompliance.
“Design storm” means a 25-year storm as measured by the National Weather Service, i.e., a storm having a probable frequency of at least one time each 25 years.
“Erosion” means the detachment and movement of soil, sediment, or rock fragments by water, wind, ice or gravity.
“Erosion control measure” means a practice or a combination of practices employed to control erosion and resulting sedimentation.
“Land-disturbing activity” means any change of the land surface, including removing vegetative cover, excavating, filling, transporting, grading and stockpiling or movement of soil, sand, gravel, stone or other material.
“Runoff” means the portion of precipitation from such sources as rainfall, snowmelt, or irrigation water that flows over the ground surface.
“Sediment” means solid material (both mineral and organic) that is in suspension, is being transported, or has been moved from site of origin.
“Site” means the entire area included in the legal description of the land on which land-disturbing activity occurs.
“SWCD” means Soil and Water Conservation District, a subdivision of State government charged with the responsibility of establishing programs and setting policy to protect the natural resources within their district boundaries.
“Working day” means a calendar day, exclusive of Saturdays, Sundays and City-recognized holidays, during which weather and other conditions permit work for at least 50 percent of the day. [Ord. G-96-22, passed 11-25-96. 1983 Code § 9.98.04.]
16.15.050 Requirements.
The following is a listing of minimum requirements which must be complied with on all sites, in addition to any other requirements of this municipal code, State or Federal law or rule or regulation.
(A) No property owner shall begin, cause to begin, or continue any land-disturbing activity on less than one acre prior to installing the required erosion and sediment control practices.
(B) During the construction activity at a site, erosion and sediment control measures necessary to meet the requirements of this chapter shall be maintained, at all times.
(C) On-site sediment shall be detained on site by erosion and sediment control measures.
(D) Water shall not be discharged from the site in a manner that causes erosion or sedimentation at or downstream of the point of discharge.
(E) All access to building sites that cross a natural watercourse, drainage easement, or swale/channel shall have an appropriately designed culvert or crossing.
(F) Public or private roadways and drains off site and on site shall be kept cleared of sediment by the property owner.
(G) All storm drain inlets shall be protected against sedimentation.
(H) Drainage ways and swales shall be protected adequately to prevent channel or outlet scouring and to prevent reduction of flow capacity by sedimentation.
Authorized agents of the City are authorized to enter the site for the purpose of investigating noncompliance reports and verifying compliance measures. If entry is denied by the owner, a court order may be sought to allow such entry. [Ord. G-2008-12 § 5, passed 4-9-08; Ord. G-96-22, passed 11-25-96. 1983 Code § 9.98.05.]
16.15.060 Enforcement – Violations – Penalties.
When an erosion or sediment control incident is reported to the City or its agents, the procedure set out below will be followed.
(A) Authorized agents will investigate the incident at the site and make corrective recommendations to the property owner or the property owner’s agent.
(B) After corrective recommendations have been made, an inspection to determine compliance or noncompliance will be made. If the site is found to be in compliance, no further enforcement action will be taken.
(C) The property owner of a noncompliance site will be issued a notice informing the property owner that the site must be brought into compliance within 10 working days of the date on which the notice is delivered.
(D) After the 10 working days, referred to in subsection (C) of this section, have expired, a second inspection for compliance will be made. If the site is found to be in compliance, no further enforcement action will be taken.
(E) If after the second inspection, continued noncompliance is determined, the Building Commissioner will issue a noncompliance citation to the property owner. The civil penalty for the first citation will be no less than $100.00 and no more than $250.00. If the civil penalty for the first violation is paid within 30 days, the penalty will be in the amount of $100.00. If the penalty is not paid within 30 days, the citation will be enforced in court by any remedy allowed by law.
(F) After the first citation has been issued, an SWCD representative will conduct a third inspection for compliance. If the site is found to be in compliance, no further enforcement action will be taken, except for the civil penalty enforcement action provided above and costs of corrective measures employed by the City.
(G) If, after the third inspection, continued noncompliance is determined, the Building Commissioner will issue a second noncompliance citation to the property owner. The civil penalty for the second citation will be no less than $500.00 and no more than $750.00. If the civil penalty for the second violation is paid within 30 days, the penalty will be in the amount of $500.00. If the penalty is not paid within 30 days, the citation will be enforced in court by any remedy allowed by law and an action may be maintained to recover costs of corrective measures employed by the City.
(H) If a second citation is issued, a stop work order for the noncompliance site will also be issued, and the City may contract to have the recommended corrective measures completed at the expense of the property owner.
(I) If it is necessary for the City to have the recommended corrective measures completed as a result of a violation of this chapter, the property owner shall pay the cost of any such work performed within 10 days of the completion of said work. The City may perform such corrective measures by its own work force or hire a contractor to do the work.
(J) Any stop work order issued pursuant to this chapter shall not be rescinded until all recommended corrective measures have been completed, and the City has been paid by the property owner for all costs incurred.
(K) Any owner of the property violating the terms of this chapter shall be liable for the cost of removal of sediment deposited in any right-of-way, ditch, sewer, drainage easement or City-owned or controlled property and any and all other corrective action required to restore the property to its condition prior to the violation. Such costs may be pursued in court and/or filed as a lien against the property pursuant to IC 36-1-6-2 or under any other State law.
(L) Each day a violation exists may be considered a separate violation for the purposes of accessing civil fines. [Ord. G-96-22, passed 11-25-96. 1983 Code § 9.98.06.]