Chapter 53 STORMWATER MANAGEMENT REGULATIONS

The purpose and intent of this chapter is to promote the health, safety and general welfare of the inhabitants of the city by establishing a Stormwater Department sufficient to plan, control, operate and maintain the city’s stormwater management system and to comply with Indiana’s stormwater quality program as required under the Indiana Department of Environmental Management’s Construction Stormwater General Permit.

(Ord. 2006-1914, passed 10-9-2006; Am. Ord. 2022-2207, passed 9-26-2022)

53.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply (words used in the singular shall include the plural and the singular; words used in the present tense shall include the future tense). The word SHALL is mandatory and not discretionary. The word MAY is permissive. Words not defined herein shall be construed to have the meanings given by common and ordinary use as defined in the latest edition of Webster’s Dictionary.

APPROVED PLANS. Plans approved by the authorized official according to a permit and plan review which will govern all improvements made within the city that require a stormwater system or changes or alterations to the existing stormwater system.

AUTHORIZED OFFICIAL. The employee or representative of the Mayor of the city and operator of the MS4 designated to enforce this chapter.

BOARD. The Board of Public Works and Safety.

CITY. The incorporated City of Plymouth, Marshall County, Indiana.

CODE. The City of Plymouth, Indiana Code of Ordinances.

DEPARTMENT OF STORMWATER MANAGEMENT. The city department responsible for the administration, implementation, and enforcement of the provisions of this chapter.

DEVELOPED PROPERTY. Real property other than undisturbed property and vacant improved property.

DWELLING UNIT. A singular unit or apartment providing complete, independent living facilities for 1 or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

EQUIVALENT RUNOFF UNIT (ERU). A property with impervious area equal to 12,000 square feet or less located within the city and as established by the Board.

ERU RATE. A fee charged on each ERU as established in Chapter 50.

EXEMPT PROPERTY. Public rights-of-way, public streets, public alleys and public sidewalks.

EXTENSION AND REPLACEMENT. Costs of extensions, additions and capital improvements to, or the renewal and replacement of capital assets of, or purchasing and installing new equipment for, the system, or land acquisitions for the system and any related costs thereto, or paying extraordinary maintenance and repair, including the costs of construction, or any other expenses which are not costs of operation and maintenance or debt service.

FISCAL YEAR. A 12-month period beginning January 1 and ending December 31.

IMPERVIOUS AREA. The number of square feet of hard surfaced areas which either prevent or retard the entry of water into soil mantle, as it entered under natural conditions as undisturbed property, and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions as undisturbed property, including, but not limited to, roofs, roof extensions, patios, porches, driveway, sidewalks, pavement and athletic courts.

NON-RESIDENTIAL PROPERTY. All properties not encompassed within the definition of residential property, including but not limited to, commercial, industrial, retail, multi-family residential, governmental, institutional, schools and churches.

OPERATING BUDGET. The annual operating budget for the succeeding fiscal year.

OPERATIONS AND MAINTENANCE. The current expenses, paid or accrued, of operation, maintenance and current repair of the system, as calculated in accordance with sound accounting practice, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, labor, executive compensation, and cost of materials and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually incurred, but which are such as may reasonably be expected to be incurred in accordance with sound accounting practice.

RESIDENTIAL PROPERTY. Any lot or parcel existing in the city on which a single building or mobile home is situated, containing up to and including 4 dwelling units.

REVENUES. All rates, fees, assessments, rentals or other charges or other income billed and collected in accordance with the Sewer Rate Ordinance and received by the Stormwater Revenue Fund, in connection with the management and operation of the system, including amounts received from the investment or deposit of monies in any fund or account and any amounts contributed by the city, all as calculated in accordance with sound accounting practice.

STORMWATER. The chemical compound of hydrogen and oxygen which is produced from atmospheric clouds as rain, snow, sleet, and hail.

STORMWATER DEPARTMENT. A division of the sewage works as defined in I.C. 36-9-1-8.

STORMWATER REVENUE FUND. The special Revenue Fund created by the Sewer Rate Ordinance to operate, maintain and improve the system.

STORMWATER SUPERINTENDENT. The employee or representative of the Mayor of the city and operator of the MS4 designated to manage the Department of Stormwater Management.

STORMWATER SYSTEM. All constructed facilities, including structures and natural watercourses under the ownership, and/or control of the city, used for collecting and conducting stormwater to, through and from drainage areas to the point of final outlet, including, but not limited to, any and all of the following: inlets, conduits and appurtenant features, creeks, channels, catch basins, ditches, streams, streets, culverts, retention or detention basins and pumping stations; and excluding therefrom, any part of the system of drains and watercourses under the jurisdiction of the Marshall County Drainage Board or waters of the State of Indiana.

STORMWATER USER FEE. A fee authorized by the Sewer Rate Ordinance established to pay operations and maintenance, extension and replacement and debt service.

SURFACE WATER. Water occurring on the surface of the land, from natural causes such as rainfall, whether falling on the land in question or flowing onto the land in question.

UNDISTURBED PROPERTY. Real property, which has not been altered from its natural state by dredging, filling, removal of trees and vegetation or other activities, which have disturbed or altered the topography or soils on the property.

(Ord. 2006-1914, passed 10-9-2006; Am. Ord. 2014-2082, passed 10-13-2014)

STORMWATER DEPARTMENT

53.10 CREATION OF STORMWATER DEPARTMENT.

A Stormwater Department is hereby created as part of the city sewage works. Said Department shall be responsible for all storm sewers and the collection and disposal of storm drainage. Said Department shall also be responsible for the implementation of all federal and state mandates regarding stormwater drainage and erosion control.

(Ord. 2006-1914, passed 10-9-2006)

53.11 GOVERNING BOARD.

The Department shall be governed by the Board of Public Works and Safety. This utility shall have the same governing board as that which governs the Wastewater and Sewer Department.

(Ord. 2006-1914, passed 10-9-2006; Am. Ord. 2014-2082, passed 10-13-2014)

53.12 AREA SERVED BY STORMWATER DEPARTMENT.

The area served shall be the corporate limits of the city.

(Ord. 2006-1914, passed 10-9-2006)

53.13 POWERS AND DUTIES OF DEPARTMENT.

(A) The Board of Public Works and Safety shall have all those powers and duties provided by such boards by I.C. Titles 8 and 36 and more specifically but not limited to the following:

(1) The power to enter into contracts.

(2) The power to employ professionals.

(3) The power to construct, maintain, and improve the stormwater utility structures.

(4) The power to make plans and recommend ordinances to the Common Council regarding the collection and disposal of stormwater within the city.

(B) The Common Council should have all those powers and duties provided the Municipal Legislative Body by I.C. Title 36 and more specifically but not limited to the following:

(1) The power to pass ordinances as provided for by I.C. Title 36 which impose just, reasonable and equitable fees or service charges for those who utilize the stormwater system and penalties to those who violate provisions of ordinances established for stormwater control and drainage, as provided for in I.C. 36-9-23-25.

(2) The power to issue bonds and borrow money to acquire real estate, design, plan, construct, maintain and improve stormwater utility structures.

(Ord. 2006-1914, passed 10-9-2006; Am. Ord. 2014-2082, passed 10-13-2014)

CONSTRUCTION SITE AND POST-CONSTRUCTION STORMWATER CONTROL

53.30 PURPOSE AND INTENT.

(A) Construction site control. The purpose of this subchapter is to establish requirements for stormwater discharges from construction activities of 1 acre or more so that the public health, existing water uses, and aquatic biota are protected. This subchapter 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 subchapter are:

(1) To regulate construction activities disturbing more than 1 acre of land as governed by the Indiana Department of Environmental Management’s Construction Stormwater General Permit; and

(2) To require construction site operators to develop and implement a construction plan including a stormwater pollution prevention plan in order to receive a land disturbance permit from the city.

(B) Post-construction control. The purpose of this subchapter is to implement planning procedures that promote and improve water quality. The planning procedures will include, at a minimum, the post-construction requirements of the Indiana Department of Environmental Management’s Construction Stormwater General Permit. The city may require the use of any storage, infiltration, filtering and/or vegetative practices to reduce the impact of pollutants on stormwater runoff. Where appropriate, and to the extent of the MS4 operator’s authority, the planning procedures may also include the following:

(1) Buffer strip and riparian zone preservation;

(2) Filter strip creation;

(3) Minimization of land disturbance and surface imperviousness;

(4) Minimization of directly connected impervious areas;

(5) Maximization of open space; and

(6) Directing the community’s growth away from sensitive areas and towards areas that can support growth without compromising water quality.

(Ord. 2007-1939, passed 11-26-2007; Am. Ord. 2022-2207, passed 9-26-2022)

53.31 DEFINITIONS.

For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUTHORIZED ENFORCEMENT AGENCY/DEPARTMENT (AEA). Employees or representatives of the Mayor of the City of Plymouth and operator of the MS4 designated to enforce this subchapter. The following departments are hereby designated:

(1) Department of Stormwater Management

PO Box 492

900 Oakhill Ave.

Plymouth, 1N 46563

Phone: 574-936-3614 Fax: 574-936-3017

E-mail:publicworks@plymouthin.com; and

(2) Wastewater and Sewer Department

900 Oakhill Ave.

Plymouth, IN 46563

Phone: 574-936-3017 Fax: 574-936-3017

E-mail: wastewater@plymouthin.com.

BEST MANAGEMENT PRACTICES (BMPS). Schedules of activities, prohibitions of practices, general good housekeeping 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 procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal or drainage from the storage of raw materials.

CLEAN WATER ACT. The federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), and any subsequent amendments thereto.

CITY OF PLYMOUTH BOARD OF PUBLIC WORKS AND SAFETY. The city governing body providing oversight of this subchapter and the decision-making body regarding appeals and hearings regarding the various provisions of this subchapter. This Board is implied in all City of Plymouth references in this subchapter.

CONSTRUCTION ACTIVITY. Activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of 1 acre or more, as defined in the Indiana Department of Environmental Management’s Construction Stormwater General Permit. Such activities include but are not limited to clearing and grubbing, land disturbance, excavating, stockpiling and demolition.

ENVIRONMENTAL PROTECTION AGENCY (EPA). The permitting agency, as designated by the United States government, that authorizes the discharge of pollutants to waters within the United States.

HAZARDOUS MATERIALS. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

ILLEGAL DISCHARGE. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in §§ 53.60 et seq., Illicit Discharge and Connection Stormwater.

ILLICIT CONNECTIONS. Defined as either of the following:

(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by an authorized enforcement agency; or

(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (IDEM). The permitting agency as designated by the EPA that authorizes the discharge of pollutants to waters within the State of Indiana.

INDIANA STORM WATER QUALITY MANUAL. A reference manual developed by the State of Indiana that provides guidance on planning principals, as well as criteria for specific structural and nonstructural stormwater management practices. This manual is available on the Internet at www.idem.IN.gov/stormwater.

INDUSTRIAL ACTIVITY. Activities subject to NPDES Industrial Permits as defined in 40 C.F.R., § 122.26 (b)(14), and activities subject to NPDES Industrial Permits as defined in 327 IAC 15-6.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) owned and operated by the City of Plymouth and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying wastewater/sewage.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by the EPA (or by a state under-authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

NON-STORM WATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of stormwater.

NOTICE OF INTENT (NOI). A letter required by the NPDES General Permit Rule Program. Filed as a notification letter to IDEM for the operation of a facility/construction site from which a point discharge of pollutants and/or stormwater occurs.

NOTICE OF TERMINATION (NOT). A letter required by the NPDES General Permit Rule Program, filed as a notification letter to IDEM regarding the termination of operations for a facility/construction site from which a point discharge of pollutants and/or stormwater occurs. A copy of the NOTICE OF TERMINATION submitted to IDEM must be submitted with the Completion Affidavit in order to release the SWPPP financial guarantees.

OPERATOR. The Mayor of the City of Plymouth is by definition the OPERATOR of the MS4.

PERSON. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent.

POLLUTANT. Anything which causes or contributes to pollution. POLLUTANTS may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, household and cooking greases/oils or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

PREMISES. Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

STORM DRAINAGE SYSTEM. Publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs and other drainage structures.

STORMWATER or STORM WATER. Any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A document which describes the Best Management Practices and activities to be implemented by a person or business to identify 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.

WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

(Ord. 2007-1939, passed 11-26-2007; Am. Ord. 2009-1989, passed 7-27-2009; Am. Ord. 2022-2207, passed 9-26-2022)

53.32 APPLICABILITY.

(A) This subchapter covers any new development or redevelopment construction site resulting in the disturbance of 1 acre or more of total land area. Persons must meet the general permit rule applicability requirements under 327 IAC 15-2-6. This subchapter also applies to disturbances of less than 1 acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb 1 or more acres of land within the corporate limits of the city.

(B) All terms, conditions, definitions and other measures defined in the Indiana Department of Environmental Management’s Construction Stormwater General Permit shall apply, except for state permitting process references and submittal deadlines of construction plans.

(D) This subchapter does not apply to the Indiana Department of Transportation when it conducts its business within the city corporate limit under its NPDES permit under 327 IAC 15.

(E) This subchapter does not apply to the following types of activities:

(1) Agricultural land disturbance activities; and/or

(2) Forest harvesting activities.

(F) This subchapter does not apply to the following activities, provided other applicable permits contain provisions requiring immediate implementation of soil erosion control measures:

(1) Landfills that have been issued a certification of closure under 329 IAC 10;

(2) Coal mining activities permitted under IC 14-34; and

(3) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the Indiana Department of Environmental Management under 329 IAC 10 that contains equivalent stormwater requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.

(Ord. 2007-1939, passed 11-26-2007; Am. Ord. 2022-2207, passed 9-26-2022)

53.33 RESPONSIBILITY FOR ADMINISTRATION; APPLICATION PROCESS.

(A) Administration, implementation and enforcement of the provisions of this subchapter shall be the responsibility of:

City of Plymouth

Department of Stormwater Management

P.O. Box 492

900 Oakhill Ave.

Plymouth, IN 46563

Phone: 574-936-3614 Fax: 574-936-3017

E-mail: publicworks@plymouthin.com

(B) Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Mayor of the City of Plymouth and operator of the MS4 to persons or entities acting in the beneficial interest of or in the employ of the agency. The Board of Public Works and Safety is the governing body responsible for the review and approval of the SWPPP and holding of hearings for enforcement appeals.

(C) Application process. The Board of Public Works and Safety may appoint a representative to act on its behalf, including but not limited to: the City Stormwater Superintendent, the City Sewer Superintendent, the City Engineer or a firm appointed for the purpose of carrying out this subchapter. Said representative may be given the authority to approve a Stormwater Pollution Prevention Plan (SWPPP) without the assemblage of the entire board. Said representative will have 30 days to act on a project, once a complete submission has been made.

(1) An Application for SWPPP Approval may be obtained from the Plymouth City Office at 124 North Michigan Street or obtained from the City of Plymouth website at plymouthin.com. The Application for SWPPP Approval and the SWPPP shall be submitted to the Plymouth City Office at 124 North Michigan Street. The completed application must be filed at least 21 days prior to the regularly scheduled meeting of the Board of Public Works and Safety. The application must be accompanied by 3 copies of the Stormwater Pollution Prevention Plan (SWPPP) and all required information and data.

(2) Upon receipt of the Application for SWPPP Approval, the City Stormwater Superintendent will review the proposed SWPPP to determine whether it has been prepared in accordance with the terms of this subchapter.

(a) If the City Stormwater Superintendent finds that the application and SWPPP have been submitted with the correct informational requirements and have been prepared in accordance with the terms of this subchapter, then he or she shall forward a report so stating to the Board of Public Works and Safety for their consideration.

(b) If the City Stormwater Superintendent finds that the application and SWPPP have not been submitted with the correct informational requirements or have not been prepared in accordance with the terms of this subchapter, he or she shall advise the applicant in writing (including but not limited to email) of the items of nonconformance.

(c) For minor revisions: if the applicant submits additional and/or revised information and plans as requested, at least 1 week prior to the regularly scheduled meeting, the City Stormwater Superintendent may re-review said SWPPP to determine their conformance prior to the regularly scheduled meeting.

(d) For major revisions: submittals of additional and/or revised information and plans as requested pertaining to the SWPPP may or may not be reviewed by the City Stormwater Superintendent to determine their conformance prior to the regularly scheduled meeting. In such a case the SWPPP will be submitted at a future regularly scheduled meeting depending upon the extent of the modifications.

(e) If the applicant fails to submit additional and/or revised information and plans in a timely manner, the Board of Public Works and Safety shall not review the SWPPP until such time that all additional and/or revised information has been submitted and reviewed by the City Stormwater Superintendent.

(3) The City Stormwater Superintendent may contact the City Engineer for technical assistance at any time during this process.

(4) Financial guarantees in subsection (G) of this section and confirmation that a NOI as described in § 53.36(C)(4) has been filed with IDEM are prerequisites to approval of the SWPPP.

(D) Types of approvals. Upon receipt of the report from the City Stormwater Superintendent, the Board of Public Works and Safety shall, at their regularly scheduled meeting, review the SWPPP along with the accompanying data and determine whether or not the SWPPP meets all of the minimum requirements and standards of this subchapter. The Board of Public Works and Safety shall then take 1 of the following actions on the application within 30 days after all completed information and plans have been submitted, or an extension is mutually agreed upon:

(1) Conditional approval. If the Board of Public Works and Safety determines that upon the satisfactory completion of 1 or more specified conditions consistent with the requirements, standards and specifications of this subchapter, the Board of Public Works and Safety may give conditional approval to the SWPPP. Conditional approval is required for submission of the NOI to IDEM. This includes the placement of financial guarantees for the installation and maintenance of best management practices.

(2) Approval. The Board of Public Works and Safety shall give SWPPP approval only after it has determined that the SWPPP meets the requirements of this subchapter. This includes the confirmation that the NOI has been filed with IDEM.

(3) Disapproval. Should the Board of Public Works and Safety disapprove the SWPPP, written notice of such action, together with reasons therefor, shall be transmitted to the applicant. Such action shall also be entered on the official records of the Board. If disapproved, the applicant may at any time reapply for SWPPP approval.

(4) Refer to City Stormwater Superintendent. Should the Board of Sanitary Trustees have a question about a specific technical aspect of the SWPPP, the Board of Public Works and Safety may refer a question to the Stormwater Superintendent for a finding. The Stormwater Superintendent may request the assistance of the City Engineer if he or she so desires.

(E) Approvals. Upon approval of the SWPPP, the City Stormwater Superintendent shall affix his or her signature to the Application for SWPPP Approval. Action taken by the Board of Public Works and Safety shall be entered in the minutes of the meeting along with the written reasons for said action.

(1) Documentation of the conditional approval of the Application for SWPPP Approval will be required in the construction plan certification section of the NOI to be submitted to IDEM. “Conditional approval” does not authorize the developer/builder to begin grading and installation of building/infrastructure improvements.

(2) Approval of the SWPPP will authorize the developer/builder to begin grading and installation of building/infrastructure improvements, after securing other necessary approvals and permits.

(F) Exempt projects. If the area requirements for filing a SWPPP are less than those provided for in the Indiana Department of Environmental Management’s Construction Stormwater General Permit, a SWPPP does not need to be filed. However, if a SWPPP is not required, the owner/developer’s construction operations are required to meet the intent of the law and utilize best management practices to prevent erosion and sedimentation from leaving the site. In environmentally sensitive areas a SWPPP may be required even though the site area requirements are not realized.

(G) Financial guarantees. Financial guarantees, provided by the property owner, shall be a prerequisite to the Board of Public Works and Safety’s action on the application for the approval of the SWPPP. The Board of Public Works and Safety may grant conditional approval of the SWPPP only after one of the following actions has been taken:

(1) A performance bond is posted with the Board of Public Works and Safety. Said bond shall:

(a) Run to the City of Plymouth Board of Public Works and Safety;

(b) Be in the amount equal to 100% of the cost, as estimated by the Board of Public Works and Safety, of all improvements and installations as required under this subchapter;

(d) Run until and terminate 60 days after the filing of a NOT with IDEM, and the submission of a copy of said filing is submitted to the Plymouth City Office; and

(e) This bond may be in conjunction with the financial guarantees required by the Plymouth Plan Commission for drainage, water, sanitary sewer and road improvements.

(2) Cash bonds, certified checks, or certificates of deposit with joint ownership between the Board of Public Works and Safety and the property owner, or other negotiable securities acceptable and assigned to the Board of Public Works and Safety, are posted in lieu of the performance bond.

(3) Financial guarantees shall be deposited at the City of Plymouth Clerk-Treasurer’s Office. Any funds received from the financial guarantees required by this subchapter may be used for the purpose of installing stormwater pollution prevention best management practice (BMP) improvements for which said guarantees were provided, in accordance with the specifications and requirements of this subchapter or for partial or total compensation for remediation measures due to illicit discharge release(s) from the construction site. The financial guarantees shall be released only after all the requirements of subsection (H) of this section have been met and the NOT has been filed with and approved by IDEM. For NOT Option No. 1 a copy of the IDEM written notification of termination shall be submitted to the City of Plymouth and financial guarantees shall be submitted by the new property owner prior to the release of financial guarantees placed by the previous property owner. For NOT Option Nos. 2 and 3 a copy of the IDEM written notification of termination shall be submitted to the City of Plymouth prior to the release of financial guarantees.

(H) Completion affidavit, inspection records, NOT, and “as built” drawing. After completion of the project and before final acceptance can be made, a professionally prepared and certified “as built” set of plans, inspection records and a completion affidavit shall be submitted to the City Stormwater Superintendent (through the Plymouth City Office) for review. The documentation presented in the completion packet shall be submitted in triplicate. The “as built” drawings shall include all pertinent data relevant to the completed SWPPP and shall include:

(1) The location of all BMPs utilized in the project;

(2) A certified statement on plans stating the completed SWPPP substantially complied with the proposed SWPPP and identifying modifications/changes to the original SWPPP; and

(3) A copy of the self-monitoring program reports as required by § 53.38(R) shall be submitted with the final completion submittal. All such submitted plans and inspection reports of completed projects shall be reviewed for compliance within 30 days after submission to the City Stormwater Superintendent and maintained in the project files. This review is required by and is an integral part of the IDEM notice of termination (NOT) documentation.

(I) Post-construction BMPs. If maintenance is required in the future to bring the BMP features back to design standards, the property owner(s) shall be responsible for providing said maintenance. Should the property owner(s) fail to provide necessary maintenance, the city may provide said maintenance and the property owner(s) will be assessed for the amount of the work. See §§ 53.41 through 53.50 for enforcement procedures.

(Ord. 2007-1939, passed 11-26-2007; Am. Ord. 2009-1989, passed 7-27-2009; Am. Ord. 2022-2207, passed 9-26-2022)

53.34 COMPATIBILITY WITH OTHER REGULATIONS.

This subchapter is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this subchapter are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law and where any provision of this subchapter imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

(Ord. 2007-1939, passed 11-26-2007)

53.35 ULTIMATE RESPONSIBILITY.

The standards set forth herein and promulgated pursuant to this subchapter are minimum standards; therefore this subchapter does not intend nor imply that compliance by any person will ensure that there will not be violations of NPDES permits.

(Ord. 2007-1939, passed 11-26-2007)

53.36 RESPONSIBILITY OF CONSTRUCTION SITE OWNER.

The project site owner has the following responsibilities:

(A) Develop a construction plan, including the Stormwater Pollution Prevention Plan, evaluate the site, review the rule requirements, utilize the Indiana Storm Water Quality Manual for guidance in developing the plan. Copies of the manual may be obtained by contacting the IDEM at their website www.idem.IN.gov/stormwater. The project site owner shall furthermore ensure that a sufficient construction plan is completed and submitted in accordance with procedures established by IDEM and the City of Plymouth.

(B) Submit the construction plan to the City of Plymouth for review. The City of Plymouth has up to 30 days from the date of submittal to review the plan. If the project site owner has not received notification that the plan is deficient within the 30-day review period, the NOI letter may be submitted to IDEM. If notice of a deficient plan is received, the plans must be revised to satisfy the deficiencies and resubmitted to the reviewing authority, at which time the 30-day review period starts over.

(C) Submit a construction plan, the Stormwater Pollution Prevention Plan, and the Application for SWPPP Approval in accordance with procedures established by the city. For off-site construction activities that provide services (for example, road extensions, sewer, water and other utilities) to a permitted project site, these off-site activity areas must be considered a part of the permitted project site when the activity is under the control of the project site owner.

(1) For an individual lot where land disturbance is expected to be 1 acre or more and the lot lies within a project site permitted under this rule, the individual lot owner shall:

(a) Ensure that a sufficient construction plan is completed and submitted in accordance with procedures established by the City of Plymouth;

(b) Complete his or her own notice of intent letter and submit it to the City of Plymouth; and

(2) For an individual lot where the land disturbance is less than 1 acre and the lot lies within a project site permitted under this rule, the individual lot operator shall:

(a) Comply with the provisions and requirements of the plan developed by the project site owner in accordance with the procedures established by the City of Plymouth;

(b) Comply with the provisions set forth in § 53.39;

(d) Apply for a building permit in accordance with the procedures established by the City of Plymouth. See § 53.33(F) for requirements regarding exempt projects.

(3) Receive construction plan approval from reviewing authority. Modifications to the plan may be requested by the City of Plymouth before approval is granted.

(4) Submit a notice of intent (NOI) letter to IDEM a minimum of 48 hours prior to initiation of land disturbing activities. A complete NOI letter submittal must include:

(a) Proof of publication;

(b) Proof of construction plan approval, or expiration of the 30-day review period from the reviewing authority; and

(5) Submit NOI documentation to the City of Plymouth.

(a) Any person subject to a construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City of Plymouth prior to the allowing of discharges to the MS4.

(b) The copy of the notice of intent may be delivered to the City of Plymouth either in person or by mailing to:

City of Plymouth

Department of Stormwater Management

PO Box 492

900 Oakhill Ave.

Plymouth, IN 46563

Attn: Notice of Intent

(c) A person commits an offense if the person performs construction activities that may or will discharge stormwater associated with said construction activity without having submitted a copy of the notice of intent to do so to the City of Plymouth.

(6) Begin construction activities. Construction activities may not begin prior to construction plan approval and submittal of NOI letter. The project site owner must also notify IDEM and the City of Plymouth of the actual start date within 48 hours of starting land disturbing activities. Approval of the SWPPP will not be granted prior to the submission of the NOI to IDEM.

(a) Ensure compliance with this subchapter during:

1. The construction activity; and

2. Implementation of the construction plan.

(b) Ensure that all persons engaging in construction activities on a permitted project site comply with the applicable requirements of this rule and the approved construction plan. A copy of the general permit for stormwater discharge along with the permit number shall be forwarded to:

City of Plymouth

Department of Stormwater Management

PO Box 492

900 Oakhill Ave.

Plymouth, IN 46563

Attn: IDEM Permit

(7) Implement the approved construction plan throughout construction. Revise the plan and make changes on the project site, as necessary, to prevent pollutants, including sediment, from leaving the project site. Communicate with the reviewing/inspecting authority, especially when significant changes are made.

(8) Submit a notice of termination (NOT). Submit the NOT to IDEM as referenced on their website. (Note: the address that appears on the NOT Form 51514 (R/1-04) is incorrect and is being corrected. In the interim, please substitute “MC 6542, Room 1255” for “P.O. Box 6015” and use 46204 for the ZIP Code.) The project site owner must:

(a) Prepare a complete NOT, with all required supporting documentation.

(b) Receive verification from the local reviewing authority (City of Plymouth as designated by IDEM) that the project meets the termination requirements as specified in the Indiana Department of Environmental Management’s Construction Stormwater General Permit.

(d) Submit NOT documents to the City of Plymouth.

(e) Any person subject to a construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City of Plymouth prior to the allowing of discharges to the MS4. A copy of the NOT documentation, submitted to IDEM, shall be submitted to the:

City of Plymouth

Department of Stormwater Management

PO Box 492

900 Oakhill Ave.

Plymouth, IN 46563

Attn: Notice of Termination

(f) At the end of above said activity or when property ownership takes place (See the Indiana Department of Environmental Management’s Construction Stormwater General Permit for requirements.)

(g) A person commits an offense if the person does not file the proper NOT documents to IDEM and to the City of Plymouth.

(Ord. 2007-1939, passed 11-26-2007; Am. Ord. 2022-2207, passed 9-26-2022)

53.37 GENERAL REQUIREMENTS FOR STORMWATER POLLUTION PREVENTION PLAN (SWPPP).

Except for state permitting review process references and review submittal deadlines of construction plans and permit applications in the Indiana Department of Environmental Management’s Construction Stormwater General Permit, the SWPPP requirements of the Indiana Department of Environmental Management’s Construction Stormwater General Permit are considered to be the minimum requirements for the submission of the elements in the site plan and the elements in the plan narrative portions of the SWPPP. The time restraints and requirements regarding the NOI, beginning of earth-moving activities, and the NOT shall remain in effect. The plan scales shall be standard engineering scales and large enough to clearly depict topographic and other plan features.

(Ord. 2007-1939, passed 11-26-2007; Am. Ord. 2022-2207, passed 9-26-2022)

53.38 GENERAL REQUIREMENTS FOR STORMWATER QUALITY CONTROL.

All stormwater quality measures and erosion and sediment controls necessary to comply with this subchapter must be implemented in accordance with the construction plan and sufficient to satisfy the following conditions. A project site owner shall, at least, meet the following requirements:

(A) Sediment-laden water which otherwise would flow from the project site shall be treated by erosion and sediment control measures appropriate to minimize sedimentation.

(B) Appropriate measures shall be implemented to minimize or eliminate wastes or unused building materials, including garbage, debris, cleaning wastes, wastewater, concrete truck washout, and other substances from being carried from a project site by run-off or wind. Identification of areas where concrete truck washout is permissible must be clearly posted at appropriate areas of the site. Wastes and unused building materials shall be managed and disposed of in accordance with all applicable statutes and regulations.

(C) A stable construction site access shall be provided at all points of construction traffic ingress and egress to the project site.

(D) Public or private roadways shall be kept cleared of accumulated sediment that is a result of run-off or tracking. Bulk clearing of sediment shall not include flushing the area with water. Cleared sediment shall be redistributed or disposed of in a manner that is in accordance with all applicable statutes and regulations.

(E) Storm water run-off leaving a project site must be discharged in a manner that is consistent with applicable state or federal law.

(F) The project site owner shall post a notice near the main entrance of the project site. For linear project sites, such as a pipeline or highway, the notice must be placed in a publicly accessible location near the project field office. The notice must be maintained in a legible condition and contain the following information:

(1) Copy of the completed NOI letter and the NPDES permit number, where applicable;

(2) Name, company name, telephone number, e-mail address (if available), and address of the project site owner or a local contact person; and

(3) Location of the construction plan if the project site does not have an on-site location to store the plan.

(G) This permit and posting of the notice under division (F) above does not provide the public with any right to trespass on a project site for any reason, nor does it require that the project site owner allow members of the public access to the project site.

(H) The storm water pollution prevention plan shall serve as a guideline for storm water quality, but should not be interpreted to be the only basis for implementation of storm water quality measures for a project site. The project site owner is responsible for implementing, in accordance with this rule, all measures necessary to adequately prevent polluted storm water run-off.

(I) The project site owner shall inform all general contractors, construction management firms, land disturbance or excavating contractors, utility contractors, and the contractors that have primary oversight on individual building lots of the terms and conditions of this rule and the conditions and standards of the storm water pollution prevention plan and the schedule for proposed implementation.

(J) Phasing of construction activities shall be used, where possible, to minimize disturbance of large areas.

(K) Appropriate measures shall be planned and installed as part of an erosion and sediment control system.

(L) All stormwater quality measures must be designed and installed under the guidance of a trained individual.

(M) Collected run-off leaving a project site must be either discharged directly into a well-defined, stable receiving channel or diffused and released to adjacent property without causing an erosion or pollutant problem to the adjacent property owner.

(N) Drainage channels and swales must be designed and adequately protected so that their final gradients and resultant velocities will not cause erosion in the receiving channel or at the outlet.

(O) Natural features, including wetlands and sinkholes, shall be protected from pollutants associated with storm water run-off.

(P) Unvegetated areas that are scheduled or likely to be left inactive for 15 days or more must be temporarily or permanently stabilized with measures appropriate for the season to minimize erosion potential. Alternative measures to site stabilization are acceptable if the project site owner or their representative can demonstrate they have implemented erosion and sediment control measures adequate to prevent sediment discharge. Vegetated areas with a density of less than 70% shall be restabilized using appropriate methods to minimize the erosion potential.

(Q) During the period of construction activities, all storm water quality measures necessary to meet the requirements of this rule shall be maintained in working order.

(R) A self-monitoring program that includes the following must be implemented:

(1) A trained individual shall perform a written evaluation of the project site:

(a) By the end of the next business day following each 0.5 inch of rain; and

(b) At a minimum of one time per week.

(2) The evaluation must:

(a) Address the maintenance of existing storm water quality measures to ensure they are functioning properly; and

(b) Identify additional measures necessary to remain in compliance with all applicable laws and ordinances.

(3) Written evaluation reports must include:

(a) The name of the individual performing the evaluation;

(b) The date of the evaluation;

(d) Details of corrective actions recommended and completed.

(4) All evaluation reports for the project site must be made available to the inspecting authority within 48 hours of a request.

(S) Proper storage and handling of materials, such as fuels or hazardous wastes, and spill prevention and clean-up measures shall be implemented to minimize the potential for pollutants to contaminate surface or ground water or degrade soil quality.

(T) Final stabilization of a project site is achieved when:

(1) All land disturbance activities have been completed and a uniform (for example, evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed; and

(2) Construction projects on land used for agricultural purposes are returned to its preconstruction agricultural use or disturbed areas, not previously used for agricultural production, such as filter strips and areas that are not being returned to their preconstruction agricultural use, meet the final stabilization requirements in division (1) above.

(Ord. 2007-1939, passed 11-26-2007)

53.39 GENERAL REQUIREMENTS FOR INDIVIDUAL BUILDING LOTS WITHIN A PERMITTED PROJECT.

All stormwater quality measures, including erosion and sediment control, necessary to comply with this subchapter must be implemented in accordance with the plan and sufficient to satisfy the following conditions. Provisions for erosion and sediment control on individual building lots regulated under the original permit of a project site owner must include the following requirements:

(A) The individual lot operator, whether owning the property or acting as the agent of the property owner, shall be responsible for erosion and sediment control requirements associated with activities on individual lots.

(B) Installation and maintenance of a stable construction site access.

(C) Installation and maintenance of appropriate perimeter erosion and sediment control measures prior to land disturbance.

(D) Sediment discharge and tracking from each lot must be minimized throughout the land disturbance activities on the lot until permanent stabilization has been achieved.

(E) Clean-up of sediment that is either tracked or washed onto roads. Bulk clearing of sediment shall not include flushing the area with water. Cleared sediment must be redistributed or disposed of in a manner that is in compliance with all applicable laws and ordinances.

(F) Adjacent lots disturbed by an individual lot operator must be repaired and stabilized with temporary or permanent surface stabilization.

(G) For individual residential lots, final stabilization meeting the criteria in § 53.38(T) will be achieved when the individual lot operator:

(1) Completes final stabilization; or

(2) Has installed appropriate erosion and sediment control measures for an individual lot prior to occupation of the home by the homeowner and has informed the homeowner of the requirement for, and benefits of, final stabilization.

(Ord. 2007-1939, passed 11-26-2007)

53.40 MONITORING OF DISCHARGES.

The city shall have the authority to monitor discharges from construction and/or post-construction sites covered under this subchapter as described below:

(A) Applicability. This section applies to all facilities that have storm water discharges associated with construction and/or post-construction activity.

(B) Access to facilities. The Superintendent, Inspector, and/or other duly authorized City Representative/Employee of the City of Plymouth must bear the proper credentials and identification in order to properly obtain the right of entry to perform the following duties:

(1) The Authorized Enforcement Agency/Department (AEA) of the City of Plymouth shall be permitted to enter and inspect facilities subject to regulation under this subchapter as often as may be necessary to determine compliance with this subchapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.

(2) Facility operators shall allow the AEA of the City of Plymouth ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.

(3) The AEA of the City of Plymouth shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility’s stormwater discharge.

(4) The AEA of the City of Plymouth has the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

(5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the owner/operator at the written or oral request of the AEA of the City of Plymouth and shall not be replaced. The costs of clearing such access shall be borne by the owner/operator.

(6) Unreasonable delays in allowing the AEA of the City of Plymouth to a permitted facility is a violation of a storm water discharge permit and of this subchapter. A person who is the owner/operator of a facility with a NPDES permit to discharge stormwater associated with construction and/or post-construction activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this subchapter.

(7) If the AEA of the City of Plymouth has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this subchapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this subchapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.

(Ord. 2007-1939, passed 11-26-2007)

53.41 REQUIREMENT TO PREVENT, CONTROL AND REDUCE STORMWATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.

The city will establish requirements identifying Best Management Practices for any activity, operation or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system or waters of the U.S. The owner or operator of a construction site shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. The Indiana Storm Water Quality Manual can provide guidance in the selection and maintenance of the BMPs.

(Ord. 2007-1939, passed 11-26-2007)

53.42 POST-CONSTRUCTION CONTROLS FOR NEW DEVELOPMENT OR REDEVELOPMENT.

On areas that undergo new development or redevelopment, site construction resulting in disturbance of 1 acre or more total land area, post-construction control measures in the form of structural and/or nonstructural best management practices are required. Post-construction stormwater pollutant loading will be addressed through the 6 minimum control measures so that preconstruction loadings will not be exceeded. Post-construction stormwater best management practices (BMPs) shall follow the Indiana Storm Water Quality Manual as a guidance document. It is the goal of the city to have full technical and administrative approval authority on the application and design of all post-construction BMPs, conditions definitions and submittal requirements of construction plans and specifications and related documents as defined in the Indiana Department of Environmental Management’s Construction Stormwater General Permit. Additionally, all post-construction stormwater best management practices, structural and/or nonstructural, shall be operated and maintained by the property owner or his/her representatives in the manner approved by the city or its agents.

(Ord. 2007-1939, passed 11-26-2007; Am. Ord. 2022-2207, passed 9-26-2022)

53.43 WATERCOURSE PROTECTION.

Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property 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.

(Ord. 2007-1939, passed 11-26-2007)

53.44 ENFORCEMENT – NON-ILLICIT DISCHARGE VIOLATIONS.

(A) Violations. Enforcement of this subchapter shall be subject to the severity of the infraction and the construction site operator’s efforts to comply. The city shall reserve the right to interpret enforcement on a case-by-case basis. Tiered enforcement will be practiced at the Mayor’s discretion. The tiered enforcement may include:

(1) Site Notice. When the City of Plymouth finds that any person/construction site operator has failed to maintain the proper Best Management Practices (BMPs) for the site and an illicit discharge has not taken place, the City of Plymouth may serve upon that person/construction site operator a verbal Site Notice, specifying the particular items to be addressed. The person/construction site operator shall immediately investigate the matter and to seek a resolution whereby the BMPs may be reinstated to proper working conditions. Investigation and/or resolution of the matter in response to the Site Notice in no way relieve the alleged violator of liability for any violations occurring before or after receipt of the Site Notice. Nothing in this subsection shall limit the authority of the City of Plymouth to take any action, including emergency action or any other enforcement action without first issuing a Site Notice. The Site Notice shall be confirmed through an e-mail or a facsimile correspondence.

(2) Warning Notice. When the City of Plymouth finds that any person/construction site operator has failed to maintain or continues to fail to maintain the proper Best Management Practices (BMPs) for the site and an illicit discharge has not taken place; the City of Plymouth may serve upon that person/construction site operator a written Warning Notice, specifying the particular items to be addressed. The person/construction site operator shall immediately investigate the matter and to seek a resolution whereby the BMPs may be reinstated to proper working conditions. Investigation and/or resolution of the matter in response to the Warning Notice in no way relieve the alleged violator of liability for any violations occurring before or after receipt of the Warning Notice. Nothing in this subsection shall limit the authority of the City of Plymouth to take any action, including emergency action or any other enforcement action, without first issuing a Warning Notice to the person/construction site operator to make corrections within a specified period of time. The period of time shall take into account issues such as the severity of the problem, pending weather, seasonal conditions and the level of effort necessary to correct the problem.

(3) Notice of Violation. When the City of Plymouth finds that any person/construction site operator has failed to maintain or continues to fail to maintain the proper Best Management Practices

(BMPs) for the site and an Illicit Discharge has not taken place, the City of Plymouth may order compliance by written Notice of Violation to the responsible person. The Notice of Violation shall contain:

(a) The name and address of the alleged violator;

(b) The address when available or a description of the building, structure or land upon which the violation is occurring or has occurred;

(d) A description of the remedial measures necessary to restore compliance with this subchapter and a timetable schedule for completion of such remedial action;

(e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the Notice of Violation is directed;

(f) A statement that the determination of violation may be appealed to the City of Plymouth Board of Public Works and Safety by filing a written Notice of Appeal within 5 days of service of the Notice of Violation; and

(g) A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency of a contractor and the expense thereof shall be charged to the violator. Such notice may require without limitation:

1. Payment of a fine to cover administrative and remediation costs; and

2. The further implementation of source control or treatment BMPs.

(4) Stop Work Order. The Authorized Enforcement Agency/Department (AEA) of The City of Plymouth may, without prior notice, suspend the work on the project by issuing a Stop Work Order. If the violator fails to comply with a Stop Work Order, 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. Only work being performed on the erosion control/illicit discharge items shall be permitted. 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) Compensatory action. In lieu of enforcement proceedings, penalties and remedies authorized by this subchapter, the authorized enforcement agency may impose upon a violator alternative compensatory action, such as storm drain stenciling, attendance at compliance workshops, creek cleanup and the like.

(C) Civil penalties. Any person that has violated or continues to violate this ordinance shall be liable to civil penalties to the fullest extent of the law. The City of Plymouth may impose a penalty not to exceed the maximum penalty as prescribed by federal or state laws $2,500 (depending on the severity of the violation) for the first day the violation remains unremedied after receipt of the Notice of Violation and $7,500 for each day the violation remains unremedied thereafter.

(D) Criminal prosecution. Any person that has violated or continues to violate this subchapter shall be liable to criminal prosecution to the fullest extent of the law.

(Ord. 2007-1939, passed 11-26-2007; Am. Ord. 2009-1989, passed 7-27-2009)

53.45 ENFORCEMENT – ILLICIT DISCHARGE VIOLATIONS.

Enforcement of this subchapter shall be subject to the severity of the infraction and the construction site operator’s efforts to comply. The city shall reserve the right to interpret enforcement on a case-by-case basis. Tiered enforcement will be practiced at the discretion of the Mayor of the City of Plymouth. When the City of Plymouth finds that any person/construction site operator has failed to maintain the proper Best Management Practices (BMPs) for the site and an illicit discharge has taken place, the provisions of §§ 53.60 et seq. shall also be enforced. In the case of an Illicit Discharge from the site, a Stop Work Order may be issued immediately.

(Ord. 2007-1939, passed 11-26-2007)

53.46 APPEAL OF STOP WORK ORDER.

(A) Any person receiving a Stop Work Order may appeal the determination of the authorized enforcement agency by filing a Notice of Appeal. The notice of appeal must be received within 5 days from the date of the Stop Work Order. The Notice of Appeal may be delivered to the City of Plymouth either in person or by mailing to the:

City of Plymouth

Department of Stormwater Management

PO Box 492

900 Oakhill Ave.

Plymouth, IN 46563

Attn: Notice of Appeal

(B) Hearing on the appeal before the City of Plymouth Board of Public Works and Safety shall take place within 21 days from the date of receipt of the Notice of Appeal. The decision of the municipal authority or their designee shall be final.

(C) All activities on the project shall comply with the Stop Work Order until the City of Plymouth Board of Public Works and Safety has made their decision on the appeal. If the appeal is granted, the City of Plymouth and its representatives shall be held harmless for any delays, expenses and/or claims.

(Ord. 2007-1939, passed 11-26-2007; Am. Ord. 2009-1989, passed 7-27-2009)

53.47 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 7 days of the decision of the municipal authority upholding the decision 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.

(Ord. 2007-1939, passed 11-26-2007)

53.48 INJUNCTIVE RELIEF.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this subchapter. If a person has violated or continues to violate the provisions of this subchapter, 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.

(Ord. 2007-1939, passed 11-26-2007)

53.49 VIOLATIONS DEEMED A PUBLIC NUISANCE.

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this subchapter is a threat to public health, safety, and welfare and is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense, and/or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken.

(Ord. 2007-1939, passed 11-26-2007)

53.50 REMEDIES NOT EXCLUSIVE.

The remedies listed in this subchapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.

(Ord. 2007-1939, passed 11-26-2007)

ILLICIT DISCHARGE AND CONNECTION STORMWATER

53.60 PURPOSE.

This subchapter is to provide for the health, safety, and general welfare of the citizens of The City of Plymouth through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This subchapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements 327 IAC 1513-14. The objectives of this subchapter are:

(A) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by storm water discharges by any user;

(B) To prohibit illicit connections and discharges to the municipal separate storm sewer system; and

(C) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this subchapter.

(Ord. 1007-1940, passed 11-26-2007)

53.61 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the singular shall include the plural, and the plural, the singular; words used in the present tense shall include the future tense. The word SHALL is mandatory and not discretionary. The word MAY is permissive. Words not defined herein shall be construed to have the meanings given by common and ordinary use as defined in the latest edition of Webster’s Dictionary.

(1) Department of Stormwater Management

PO Box 492

900 Oakhill Ave.

Plymouth, IN 46563

Phone: 574-936-3614 Fax: 574-936-3017

E-mail: publicworks@plymouthin.com; and

(2) Wastewater and Sewer Department

900 Oakhill Ave.

Plymouth, IN 46563

Phone: 574-936-3017 Fax: 574-936-3017

E-mail: wastewater@plymouthin.com.

(3) Appeals and hearings shall be conducted by the:

City of Plymouth

Board of Public Works and Safety

124 North Michigan Street, PO Box 492

Plymouth, IN 46563

BEST MANAGEMENT PRACTICES (BMPS). Schedules of activities, prohibitions of practices, general good housekeeping 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 procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

CLEAN WATER ACT. The federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), and any subsequent amendments thereto.

CITY OF PLYMOUTH – BOARD OF PUBLIC WORKS AND SAFETY. The city governing body providing oversight of this subchapter and the decision-making body regarding appeals and hearings regarding the various provisions of this ordinance. This Board is implied in all City of Plymouth references in this subchapter.

ENVIRONMENTAL PROTECTION AGENCY (EPA). The permitting agency, as designated by the United States government, that authorizes the discharge of pollutants to waters within the United States.

HAZARDOUS MATERIALS. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

ILLEGAL DISCHARGE. Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in § 53.66(A)(1).

ILLICIT CONNECTIONS. Defined as either of the following:

(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or

INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (IDEM). The permitting agency, as designated by the EPA, that authorizes the discharge of pollutants to waters within the state of Indiana.

INDIANA STORM WATER QUALITY MANUAL. A reference manual developed by the State of Indiana that provides guidance on planning principles, as well as criteria for specific structural and nonstructural stormwater management practices. This manual is available on the Internet at www.idem.IN.gov/stormwater.

INDUSTRIAL ACTIVITY. Activities subject to NPDES Industrial Permits as defined in 40 C.F.R., § 122.26(b)(14).

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis.

NON-STORMWATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of stormwater.

NOTICE OF TERMINATION (NOT). A letter required by the NPDES General Permit Rule Program. Filed as a notification letter to IDEM regarding the termination of operations for a facility/construction site from which a point discharge of pollutants and/or stormwater occurs.

PERSON. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent.

POLLUTANT. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, household and cooking greases/oils or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

PREMISES. Any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

STORMWATER or STORM WATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

STORMWATER POLLUTION PREVENTION PLAN. A document which describes the Best Management Practices and activities to be implemented by a person or business to identify 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.

WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

(Ord. 1007-1940, passed 11-26-2007; Am. Ord. 2009-1989, passed 7-27-2009; Am. Ord. 2022-2207, passed 9-26-2022)

53.62 APPLICABILITY.

This subchapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.

(Ord. 1007-1940, passed 11-26-2007)

53.63 RESPONSIBILITY FOR ADMINISTRATION.

(A) The governing body for the administration, implementation and enforcement of the provisions of this subchapter shall be the:

City of Plymouth

Board of Public Works and Safety

124 North Michigan Street

PO Box 492

Plymouth, IN 46563

(B) Administration, implementation and enforcement of the provisions of this subchapter shall be the responsibility of the:

City of Plymouth

Department of Stormwater Management

PO Box 492

900 Oakhill Ave.

Plymouth, IN 46563

Phone: 574-936-3614 Fax: 574-936-3017

E-mail: publicworks@plymouthin.com

(C) Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Mayor of the City of Plymouth and operator of the MS4 to persons or entities acting in the beneficial interest of or in the employ of the agency.

(Ord. 1007-1940, passed 11-26-2007; Am. Ord. 2009-1989, passed 7-27-2009)

53.64 COMPATIBILITY WITH OTHER REGULATIONS.

This subchapter is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this subchapter are in addition to the requirements of any other ordinance, rule, regulation or other provision of law and where any provision of this subchapter imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

(Ord. 1007-1940, passed 11-26-2007)

53.65 ULTIMATE RESPONSIBILITY.

(Ord. 1007-1940, passed 11-26-2007)

53.66 DISCHARGE PROHIBITIONS.

(A) Prohibition of illegal discharges. No person shall throw, drain or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge 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 stormwater. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

(1) The following discharges are exempt from discharge prohibitions established by this subchapter: 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, non-commercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated - typically less than 0.5 mg/l total residual chlorine), firefighting activities, and any other water source not containing pollutants.

(2) Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.

(3) Non-toxic dye testing is an allowable discharge, but requires a verbal, fax or E-mail notification to the authorized enforcement agency prior to the time of the test.

(4) The prohibition shall not apply to any non-stormwater discharge permitted under a valid NPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the Indiana Department of Environmental Management and/or 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 any discharge to the storm drain system.

(B) Prohibition of illicit connections.

(1) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.

(2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(3) A person is considered to be in violation of this subchapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

(4) Improper connections in violation of this subchapter must be disconnected and redirected, if necessary, to the sanitary sewer system upon approval of the Department of Stormwater Management and the Wastewater and Sewer Department of the City of Plymouth.

(5) Any drain or conveyance that has not been documented in plans, maps, and which may be connected to the storm water system shall be located by the owner or occupant of that property upon receipt of written Notice of Violation from the City of Plymouth requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other and that the outfall location of point of connection to the storm sewer system sanitary sewer system or other discharge point be identified. Results of this investigation are to be documented and provided to the City of Plymouth.

(Ord. 1007-1940, passed 11-26-2007)

53.67 INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.

(A) Submission of NOI and permit documentation to the City of Plymouth.

(1) Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City of Plymouth prior to the allowing of discharges to the MS4.

(2) The operator of a facility, including construction sites, required to have an NPDES permit to discharge stormwater associated with industrial activity shall submit a copy of the Notice of Intent (NOI) to the City of Plymouth at the same time the operator submits the original Notice of Intent to the EPA/IDEM as applicable.

(3) The operator of a facility, including construction sites, required to have an NPDES permit to discharge stormwater associated with industrial or construction activity shall submit a copy of the IDEM Permit to the City of Plymouth once the permit is received.

(4) The copy of the Notice of Intent and the IDEM Permit may be delivered to the City of Plymouth either in person or by mailing to the:

City of Plymouth

Department of Stormwater Management

PO Box 492

900 Oakhill Ave.

Plymouth, IN 46563

Attn: Notice of Intent

(5) A person commits an offense if the person operates a facility that is discharging storm water associated with industrial activity without having submitted a copy of the Notice of Intent or the IDEM Permit to do so to the City of Plymouth.

(B) Facility and construction site operation.

(1) A person commits an offense if the person operates a facility that is discharging storm water associated with industrial activity that contains pollutants as indicated in § 53.66.

(2) A person commits an offense if the person operates a construction site that allows soil particulate to leave said construction site either in stormwater runoff, vehicle tracking, or mass land movement. BMPs must be installed and periodically inspected as required by the State of Indiana Rules and Regulations and as identified in the Indiana Storm Water Quality Manual. If a BMP fails to perform as designed, the operator shall repair/replace the existing BMP. If deemed necessary, the BMP may need to be replaced with a different and more efficient BMP.

City of Plymouth

Department of Stormwater Management

PO Box 492

900 Oakhill Ave

Plymouth, IN 46563

Attn: Notice of Termination

(2) A person commits an offense if the person does not file the proper NOT documents to IDEM and to the City of Plymouth at the end of said activity.

(Ord. 1007-1940, passed 11-26-2007)

53.68 MONITORING OF DISCHARGES.

(A) Applicability. This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.

(2) Facility operators shall allow the AEA of The City of Plymouth ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.

(6) Unreasonable delays in allowing the AEA of the City of Plymouth to a permitted facility is a violation of a stormwater discharge permit and of this subchapter. A person who is the owner/operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this subchapter.

(7) If the AEA of the City of Plymouth has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this subchapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this subchapter or any order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.

(Ord. 1007-1940, passed 11-26-2007)

53.69 REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICE.

The Department of Stormwater Management of the City of Plymouth will adopt requirements identifying Best Management Practices for any activity, operation or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.

(Ord. 1007-1940, passed 11-26-2007)

53.70 WATERCOURSE PROTECTION.

(Ord. 1007-1940, passed 11-26-2007)

53.71 NOTIFICATION OF SPILLS.

(A) Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S. said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency (AEA) in person or by phone or facsimile as soon as they become aware of the spill. If the spill occurs outside of normal business hours call the EMERGENCY PHONE NUMBER: 574-936-2126 (Plymouth Police Department). If the spill occurs during business hours contact:

(1) City of Plymouth

Wastewater and Sewer Department

900 Oakhill Ave.

Plymouth, IN 46563

Phone: 574-936-3017 Fax: 574-936-3017

E-mail: wastewater@plymouthin.com;or

(2) City of Plymouth

Department of Stormwater Management

900 Oakhill Ave.

Plymouth, IN 46563

Phone: 574-936-3614 Fax: 574-936-3017

E-mail: publicworks@plymouthin.com.

(B) Notifications in person or by phone shall be confirmed by written notice addressed and mailed within 3 business days of the phone notice to the:

City of Plymouth

Department of Stormwater Management

PO Box 492

900 Oakhill Ave

Plymouth, IN 46563

Attn: Notification of Spill

(C) If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least 3 years.

(Ord. 1007-1940, passed 11-26-2007)

53.72 ENFORCEMENT.

(A) Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this subchapter. Any person who has violated or continues to violate the provisions of this subchapter, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the City of Plymouth is authorized to enter upon the subject private property without giving prior notice, to take any and all measures necessary to abate their violation and/or restore the property. The City of Plymouth is authorized to seek costs of the abatement as outlined in § 53.75.

(B) Warning Notice. When the City of Plymouth finds that any person has violated, or continues to violate, any provision of this subchapter or any order issued hereunder, the City of Plymouth may serve upon that person a written Warning Notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the Warning Notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the Warning Notice. Nothing in this division shall limit the authority of the City of Plymouth to take any action, including emergency action or any other enforcement action without first issuing a Warning Notice. The Warning Notice will contain:

(1) The name and address of the alleged violator;

(2) The address (when available) or a description of the building, structure or land upon which the violation is occurring or has occurred;

(3) A statement specifying the nature of the violation; and

(4) A statement specifying the established time schedule to restore compliance.

(C) Notice of Violation. Whenever the City of Plymouth finds that a person has violated a prohibition or failed to meet a requirement of this subchapter, the City of Plymouth may order compliance by written Notice of Violation to the responsible person. The Notice of Violation will contain:

(1) The name and address of the alleged violator;

(2) The address (when available) or a description of the building, structure or land upon which the violation is occurring or has occurred;

(3) A statement specifying the nature of the violation;

(4) A description of the remedial measures necessary to restore compliance with this subchapter and a timetable schedule for completion of such remedial action;

(5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the Notice of Violation is directed;

(6) A statement that the determination of violation may be appealed to the City of Plymouth Board of Public Works and Safety by filing a written Notice of Appeal within 7 days of service of the Notice of Violation; and

(7) A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency of a contractor and the expense thereof shall be charged to the violator. Such notice may require without limitation:

(a) The performance or monitoring, analysis, and reporting;

(b) The elimination of illicit connections or discharges;

(d) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

(e) Payment of a fine to cover administrative and remediation costs; and

(f) The implementation of source control or treatment BMPs.

(D) Suspension of MS4 Access.

(1) Emergency Cease and Desist Orders. The Authorized Enforcement Agency/Department (AEA) of the City of Plymouth 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. When the City of Plymouth finds that any person has violated, or continues to violate, any provision of this subchapter, 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 Plymouth may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to:

(a) Immediately comply with all subchapter requirements; and

(b) Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediate halting operations and/or terminating the discharge.

(c) Any person notified of an Emergency Order directed to it under this division 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 Plymouth may take such steps as deemed necessary to prevent or minimize harm to the MS4 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.

(d) The City of Plymouth may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the City of Plymouth that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this subchapter. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit, within 3 days of receipt of the Emergency Order, a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence to the:

City of Plymouth

Department of Stormwater Management

PO Box 492

900 Oakhill Ave.

Plymouth, IN 46563

Attn: Emergency Order Response

(e) 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.

(2) Suspension due to illicit discharges in emergency situations. The City of Plymouth may, without prior notice, suspend MS4 discharge access to a person when 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 City of Plymouth 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.

(3) Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this subchapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing.

(4) Illegal reconnection. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the authorized enforcement agency.

(5) Compensatory action. In lieu of enforcement proceedings, penalties and remedies authorized by this subchapter, the City of Plymouth may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, waterway clean-up activities and the like.

(6) Civil penalties. In the event the alleged violator fails to make the remedial measures set forth in the Notice of Violation or otherwise fails to cure the violations described within 7 days, or such greater period as the City of Plymouth shall deem appropriate, after the City of Plymouth has taken 1 or more of the actions described above, the City of Plymouth may impose a penalty not to exceed the maximum penalty as prescribed by federal or state laws $2,500 (depending on the severity of the violation) for the first day the violation remains unremedied after receipt of the Notice of Violation and $7,500 for each day the violation remains unremedied thereafter.

(7) Criminal prosecution. Any person that has violated or continues to violate this ordinance shall be liable to criminal prosecution to the fullest extent of the law.

(Ord. 1007-1940, passed 11-26-2007; Am. Ord. 2009-1989, passed 7-27-2009)

53.73 APPEAL OF NOTICE OF VIOLATION.

(A) Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency by filing a Notice of Appeal. The notice of appeal must be received within 7 days from the date of the Notice of Violation. The Notice of Appeal may be delivered to the City of Plymouth either in person or by mailing to the:

City of Plymouth

Department of Stormwater Management

PO Box 492

900 Oakhill Ave.

Plymouth, IN 46563

Attn: Notice of Appeal

(B) Hearing on the appeal before the City of Plymouth Board of Public Works and Safety shall take place within 45 days from the date of receipt of the Notice of Appeal. The decision of the municipal authority or their designee shall be final.

(Ord. 1007-1940, passed 11-26-2007; Am. Ord. 2009-1989, passed 7-27-2009)

53.74 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 14 days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency may 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.

(Ord. 1007-1940, passed 11-26-2007)

53.75 COST OF ABATEMENT OF THE VIOLATION.

(A) Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 7 days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority 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.

(B) Any person violating any of the provisions of this subchapter shall become liable to the city by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of 8% per annum shall be assessed following the filing of the lien on the real estate.

(Ord. 1007-1940, passed 11-26-2007)

53.76 INJUNCTIVE RELIEF.

(Ord. 1007-1940, passed 11-26-2007)

53.77 VIOLATIONS DEEMED A PUBLIC NUISANCE.

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this subchapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

(Ord. 1007-1940, passed 11-26-2007)

53.78 REMEDIES NOT EXCLUSIVE.

(Ord. 1007-1940, passed 11-26-2007)