CHAPTER 5.16:
Erosion and Sediment Control
Section
5.16.010 Introduction and purpose
5.16.040 Responsibility for administration
5.16.060 Ultimate responsibility
5.16.070 Disclaimer of liability
5.16.080 Applicability and exemptions
5.16.090 Determination of land disturbance criteria, regulation
5.16.100 Requirements for individual building lot owners or operators
5.16.110 Site development permit
5.16.130 Responsibility of construction site owner after approval
5.16.170 Remedies not exclusive
5.16.010 INTRODUCTION AND PURPOSE.
During the construction process, the soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitats for fish and other desirable species. Eroded soil also necessitates the repair of sewers (sanitary sewers are owned and operated by the City of Indianapolis), ditches, and streams. In addition, clearing and grading during construction causes the loss of native vegetation necessary for terrestrial and aquatic habitats.
As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage to the environment in the City of Southport, Indiana. This chapter will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development, redevelopment, or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the City. (Ord. 5.10, passed 2-19-2007; Am. Ord. 2024.04, passed 6-17-2024)
5.16.020 LEGAL AUTHORITY.
This chapter is adopted by statutory authority granted under the code authorizing jurisdiction over the storm system and further is required by the National Pollution Discharge Elimination System (NPDES) program (FR Doc. 99-29181) authorized by the 1972 amendments to the Clean Water Act and the Indiana Department of Environmental Management’s (IDEM) Construction Stormwater General Permit (CSGP) and Municipal Separate Storm Sewer System (MS4) General Permit (MS4GP). Based on this authority and these requirements, this chapter regulates:
(A) Stormwater drainage improvements related to the development of lands located within the City boundaries.
(B) Drainage control systems installed during new construction and grading of lots and other parcels of land.
(C) Erosion and sediment control systems installed during new construction and grading of lots and other parcels of land.
(D) Stormwater pollution prevention planning for land-disturbing activities. (Ord. 2024.04, passed 6-17-2024)
5.16.030 DEFINITIONS.
AGRICULTURAL CONSERVATION PRACTICES. Practices that are constructed on agricultural land to control soil erosion and sedimentation. These practices include but are not limited to grass waterways, sediment basins, terraces, and grade stabilization structures.
AGRICULTURAL LAND-DISTURBING ACTIVITY. Tillage, planting, cultivation, or harvesting operations for the production of agricultural or nursery vegetative crops. The term also includes pasture renovation and establishment, the construction of agricultural conservation practices, and the installation and maintenance of agricultural subsurface drainage tiles.
APPLICANT. Property owner or agent of a property owner who has applied for a site development permit.
BORROW AREA. Areas where materials are excavated for use as fill.
CITY. City of Southport, Indiana, and its employees or designees authorized to implement this chapter.
CITY OF INDIANAPOLIS STORMWATER DESIGN AND CONSTRUCTION SPECIFICATIONS MANUAL or CISWDCSM. The current stormwater document used by the City of Indianapolis and available from the City of Indianapolis Department of Public Works. Chapter 700, Stormwater Quality (graphassets.com).
CLEARING. Any activity that removes the vegetative surface cover.
CONSTRUCTION ACTIVITY. Land-disturbing activities and land-disturbing associated with the construction of infrastructure and structures. This term does not include routine ditch or road maintenance or minor landscaping projects.
CONSTRUCTION PLAN. A representation of an overall project, including infrastructure, project layout, and the stormwater pollution prevention plan.
CONSTRUCTION STORMWATER GENERAL PERMIT (CSGP). Indiana Department of Environmental Management’s Construction Stormwater General Permit (CSGP) regulates erosion and sediment control practices on construction projects disturbing greater than one acre of land.
CONSTRUCTION SUPPORT ACTIVITY. An activity that specifically supports the project and involves land disturbance and/or activities that may result in pollutant-generating activities on their own. These activities include but are not limited to concrete or asphalt batch plants, staging areas, material storage areas, disposal sites, and soil stockpile areas.
CONVEYANCE. A combination of drainage components that are used to convey stormwater discharge, either within or downstream of the land-disturbing activity including:
(A) Manmade stormwater conveyance system meaning a pipe, ditch, vegetated swale, or other stormwater conveyance system constructed by man except for restored stormwater conveyance systems;
(B) Natural stormwater conveyance systems meaning the main channel of a natural stream and the flood-prone area adjacent to the main channel; or
(C) Restored stormwater conveyance system meaning a stormwater conveyance system that has been designed and constructed using natural channel design concepts. Restored stormwater conveyance systems include the main channel and the flood-prone area adjacent to the main channel.
DEVELOPER. Any person who is financially responsible for construction activity or an owner of a property who sells or leases, or offers for sale or lease, any lots in a multiple-lot project.
DEWATERING. The act of draining rainwater and/or groundwater from excavations, stormwater measures, building foundations, vaults, and trenches.
DISPOSAL. The discharge, deposit, injection, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste, or any constituent of the waste, may enter the environment, be emitted into the air, or by discharged into any waters, including ground waters.
DITCH MAINTENANCE. To restore a conveyance system to its originally constructed channel capacity and to perform the function for which it was originally constructed as defined in IC 36-9-27. Maintenance includes:
(A) Cleaning (removal of accumulated sediments, de-brushing, and mowing);
(B) Spraying;
(C) Removing obstructions;
(D) Conducting minor repairs.
EQUIVALENT. Producing or achieving similar results and performance.
EROSION. The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.
EROSION AND SEDIMENT CONTROL MEASURE. A practice, or a combination of practices, to control erosion and resulting sedimentation.
EROSION AND SEDIMENT CONTROL PLAN. A set of plans prepared by or under the direction of a licensed professional engineer indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
EROSION AND SEDIMENT CONTROL SYSTEM. The use of appropriate erosion, runoff, and sediment control measures to minimize sedimentation by first reducing or eliminating erosion at the source and then, as necessary, trapping sediment to prevent it from being discharged.
GRADING. The excavation and filling of the land surface to a desired slope or elevation.
INDIVIDUAL BUILDING LOT. A single parcel of land within a multi-parcel development.
INDIVIDUAL LOT OPERATOR. A builder, contractor, or subcontractor working on an individual lot.
INDIVIDUAL LOT OWNER. A person who has a financial interest in the construction activities for an individual lot.
LAND-DISTURBING ACTIVITY. Any manmade change of the land surface including but not limited to removing vegetative cover that exposes the underlying soil, excavating, filling, and grading.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE. A plan, undertaken by a single project site owner or a group of project site owners acting in concert, to offer lots for sale or lease; where such land is contiguous or is known, designated, purchased, or advertised as a common unit or by a common name, such land must be presumed as being offered for sale or lease as part of a larger common plan. The term also includes phased or other construction activity by a single entity for its own use.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains that is:
(A) Owned or operated by a federal, state, city, town, county, district, association, or other public body (created by or under state law having jurisdiction over stormwater, including special districts under state law such as sewer district, flood control district, or drainage district, or similar entity, or a designated and approved management agency under Section 208 of the Clean Water Act (33 U.S.C. 1288) that discharges into waters of the state); or privately owned stormwater utility, hospital, university, or college having jurisdiction over stormwater that discharges into waters of the state;
(B) Designed or used for collecting or conveying stormwater;
(C) Not a combined sewer; and
(D) Not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by EPA (or by IDEM) 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 DISCHARGES. Discharges that do not originate from storm events. These discharges include but are not limited to process water, air conditioner condensate, non-contact cooling water, sanitary waste, concrete washout water, paint wash water, irrigation water, or pipe testing water.
PERMITTEE. The individual or entity required to obtain permit coverage as defined by the project site owner.
PROJECT SITE. The entire area on which construction activity is to be performed.
PROJECT SITE OWNER/OPERATOR. A developer or a person or entity that has financial and operational control of construction activities and project plans and specifications, including the authority to approve the expenditure of funds and the ability to make modifications to plans and specifications.
REDEVELOPMENT. Alterations of a property that change a site or building in such a way that there is a disturbance of land. The term does not include such activities as exterior remodeling.
RUNOFF. Water that originates during a precipitation event and flows over the land rather than infiltrating into the ground or evaporating.
SEDIMENT. Solid material (both mineral and organic) that is in suspension, is being transported or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth’s surface.
SEDIMENT CONTROL. Measures that prevent eroded sediment from leaving the site.
SILVICULTURAL. The practice of controlling the establishment, growth, composition, health, and quality of forests to meet diverse needs and values.
SITE. A parcel of land or a contiguous combination thereof where construction or land-disturbing activity is performed as a single unified operation.
SITE DEVELOPMENT PERMIT. A permit issued by the municipality for the construction or alteration of ground improvements and structures for the control of erosion, runoff, and grading.
SOIL. The unconsolidated mineral and organic material on the surface of the earth that serves as the natural medium for the growth of plants.
SOLID WASTE. Any garbage, refuse, sludge from a waste treatment plant, sludge from a water supply treatment plant, sludge from an air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations or from community activities. The term does not include:
(A) Solid or dissolved material in domestic sewage; or irrigation return flows or industrial discharges; that are point sources subject to permits under section 402 of the Federal Water Pollution Control Act Amendments (33 U.S.C. 1342);
(B) Source, special nuclear, or byproduct material (as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.));
(C) Manures or crop residues returned to the soil at the point of generation as fertilizers or soil conditioners as part of a total farm operation; or
(D) Vegetative matter at composting facilities registered under IC 13-20-10.
STABILIZATION. The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION. The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
STOP-WORK ORDER. An order issued that requires that all construction activity on a site be stopped.
STORMWATER MANAGEMENT MEASURE. A practice or a combination of practices selected to improve the quality of runoff discharges, divert runoff, or mitigate the impacts related to the quantity of runoff.
STORMWATER POLLUTION PREVENTION PLAN. A plan developed to minimize the impact of stormwater pollutants resulting from construction activities.
STORMWATER QUALITY MEASURE. A practice, or a combination of practices, to control or minimize pollutants associated with stormwater runoff.
WATERCOURSE. Any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water delineated by the City.
WATERWAY. A channel that directs surface runoff to a watercourse or to the public storm drain. (Ord. 5.10, passed 2-19-2007; Am. Ord. 2024.04, passed 6-17-2024. Formerly 5.16.020)
5.16.040 RESPONSIBILITY FOR ADMINISTRATION.
The City shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon authorized personnel may be delegated by the Mayor to persons or entities acting in the beneficial interest of or in the employ of the City. (Ord. 2024.04, passed 6-17-2024)
5.16.050 SEVERABILITY.
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter. (Ord. 2024.04, passed 6-17-2024)
5.16.060 ULTIMATE RESPONSIBILITY.
The standards set forth herein and promulgated under this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance by any person will ensure that there will not be violations of NPDES permits. (Ord. 2024.04, passed 6-17-2024)
5.16.070 DISCLAIMER OF LIABILITY.
The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on historical records, engineering, and scientific methods of study. Larger storms may occur or stormwater runoff amounts or stormwater quality may be altered by man-made or natural causes. This chapter does not imply that land uses permitted will be free from stormwater damage. This chapter shall not create liability on the part of the City of Southport or any officer, representative, or employee thereof, for any damage that may result from reliance on this chapter or on any administrative decision lawfully made thereunder. (Ord. 2024.04, passed 6-17-2024)
5.16.080 APPLICABILITY AND EXEMPTIONS.
(A) Applicability. This applies to all land-disturbing activities within the City with a land disturbance greater than or equal to one acre, or disturbances of less than one acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres of land.
(B) Exemptions. The requirements under this chapter do not apply to the following activities, provided other applicable permits contain provisions requiring immediate implementation of soil erosion control measures:
(1) Agricultural land-disturbing activities, including tillage, planting, cultivation, or harvesting operations to produce agricultural or nursery and vegetative crops, pasture renovation and establishment, the construction of agricultural conservation practices, and the installation and maintenance of agricultural drainage tile.
(2) Silvicultural activities associated with nonpoint discharges (40 CFR 122.27).
(3) Stormwater discharges associated with oil and gas exploration, production, processing or treatment operations, or transmission facilities (40 CFR 122.26).
(4) Ditch maintenance for activities performed on a regulated drain by a county drainage board as defined in Appendix B and IC 36-9-27.
(5) The land-disturbing activities listed below, provided other applicable permits contain provisions requiring immediate implementation of erosion and sediment control measures and stormwater management measures:
(a) Landfills that have been issued a certification of closure under 329 IAC 10.
(b) Coal mining activities permitted under IC 14-34.
(c) Municipal solid waste landfills that are accepting waste under a permit issued by IDEM 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.
(6) Single-family dwelling houses in approved subdivisions, new buildings (or cumulative building additions) with less than 500 square feet of area, and land-disturbing activities affecting less than 10,000 square feet of area.
(7) Any construction project that has had its final drainage plan approved by the City within two years before the effective date of this chapter shall be exempt from all requirements of this chapter that exceed the requirements of chapter in effect at the time of approval.
(C) Discharges authorized by this chapter. This chapter authorizes the following discharges to the waters of the state:
(1) Stormwater, including stormwater runoff, snowmelt runoff, and surface runoff and drainage, associated with construction activity (40 CFR 122.26(b)(14) or (b)(15)(i)).
(2) Stormwater discharges designated by IDEM as needing to obtain coverage under the CSGP (40 CFR 122.26(a)(1)(v) or (b)(15)(ii)).
(3) Stormwater discharges from construction support activities (e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) provided the support activity is directly related to the construction site required to have coverage for stormwater discharges, and:
(a) The support activity is not a commercial/industrial operation, nor does it serve multiple unrelated construction projects;
(b) The support activity does not continue to operate beyond the completion of the construction activity for the project it supports; and
(c) Stormwater measures are implemented per the stormwater pollution prevention plan, performance standards, and the stormwater management approval.
(4) Non-stormwater discharges or flows provided they are not identified by IDEM as significant sources of pollutants to waters of the state, including, but not limited to:
(a) Emergency firefighting water.
(b) Fire hydrant flushing water.
(c) Landscape irrigation water.
(d) Water line flushing.
(e) Routine external building washdown water that does not use detergents.
(f) Water used to wash vehicles and equipment that does not contain soaps, solvents, or detergents.
(g) Uncontaminated, non-turbid discharges of ground water or spring water.
(h) Foundation or crawl space footing drainages where flows are not contaminated with process materials such as solvents or contaminated ground water.
(i) Uncontaminated condensate from air conditioning units, coolers, and other compressors and from outside refrigerated gases or liquids.
(j) Construction dewatering water that has been treated by an appropriate stormwater quality measure or series of measures provided other contaminants are not present. (Ord. 2024.04, passed 6-17-2024)
5.16.090 DETERMINATION OF LAND DISTURBANCE CRITERIA, REGULATION.
The clarification of land-disturbing activities covered under this chapter and the CSGP are defined in Appendix A of the CSGP. The following sections have been reiterated.
(A) Off-site construction activities that provide services such as road extensions, sewers, water, and other utilities to a permitted site. The 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.
(B) Multi-lot project sites are regulated by this chapter per the following criteria of land disturbance calculations:
(1) A determination of the area of land disturbance shall be calculated by adding the total area of land disturbance for improvements, such as roads, utilities, or common areas, and the expected total disturbance on each individual lot, as determined by the following criteria:
(a) For a single-family project site where the lots are one-half acre or more, the total size of one-half acre of land disturbance must be used as the expected lot disturbance.
(b) For a single-family, residential project site where the lots are less than one-half acre in size, the total lot must be calculated as being disturbed.
(2) For purposes of this chapter, strip developments are considered multi-lot project sites.
(C) Land disturbance for industrial and commercial project sites shall be considered a minimum of one acre for all lots regardless of the actual size of the land disturbance. Commercial projects include public or private fueling areas. (Ord. 2024.04, passed 6-17-2024)
5.16.100 REQUIREMENTS FOR INDIVIDUAL BUILDING LOT OWNERS OR OPERATORS.
(A) An 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 the activities on individual lots.
(B) An individual lot operator of a lot (less than or greater than one acre) within a larger common plan of development or sale, is required to:
(1) Submit all the documents identified in Southport’s individual construction SWPPP review form to the County Engineer at least 10 days before construction.
(2) Develop a lot-specific individual construction SWPPP that includes all provisions in Southport’s Individual Construction SWPPP Review form.
(3) Comply with the erosion and sediment control requirements described and approved in the individual construction SWPPP.
(4) Comply with the approved plans under the larger common plan for development or sale for individual lots.
(5) Complete final stabilization per subsection (D) of this section.
(C) An individual lot operator for a single-family residence, pond, multi-lot project, or strip development where land disturbance is less than one acre and not part of a larger common plan of development or sale, is required to:
(1) Submit all documents identified in Southport’s individual construction SWPPP review form to the County Engineer at least 10 days before construction.
(2) Develop a lot-specific individual construction SWPPP that includes all provisions in Southport’s Individual Construction SWPPP Review form.
(3) Comply with the erosion and sediment control requirements described and approved in the individual construction SWPPP.
(4) Complete final stabilization per subsection (E) of this section.
(D) Final stabilization for individual lots (less than or greater than one acre) within a larger common plan of development or sale, is achieved when the operator:
(1) Completes final stabilization considering weather and season;
(2) Initiates permanent seeding with appropriately crimped or tackified mulch cover, erosion control blanket or sod; or
(3) Installs appropriate and/or ensures functional erosion and sediment control measures are in place in the individual lot. Upon issuance of a certificate of occupancy through the Building Commissioner to the homeowner, the homeowner is responsible for maintaining the erosion and sediment control measures until final stabilization has occurred.
(E) Final stabilization for single-family residences, ponds, multi-lot projects, or strip developments where land disturbance is less than one acre and not part of a larger common plan of development or sale is achieved by the operator when:
(1) All land-disturbing activities have been completed, temporary BMPs have been removed, permanent BMPs have been cleaned, and a uniform perennial vegetative cover with a density of 70% has been established on all unpaved areas and areas not covered by a permanent structure or equivalent permanent stabilization measures have been employed. This does not include final landscaping.
(2) Final stabilization for construction projects on land used for agricultural purposes is achieved when:
(a) Stabilization is completed per subsection (E)(1) of this section as land disturbance progresses;
(b) Land returned to its pre-construction agricultural use is temporarily or permanently seeded upon completing land disturbance activities; and
(c) Disturbed areas, not previously used for agricultural production, such as filter strips, are being returned to their preconstruction agricultural use. (Ord. 2024.04, passed 6-17-2024)
5.16.110 SITE DEVELOPMENT PERMIT.
(A) No land-disturbing activity that would require the uncovering of one acre or more of land shall be initiated without a site development permit from the City. A site development permit will not be issued without the approval of all required documentation by the City.
(B) A site development permit is not required for any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
(C) The owner or developer shall submit one hard copy and one electronic copy of the following for construction approval:
(1) Site development permit application and required fees.
(2) Professionally certified design plans with erosion and sediment control measures identified and details following the City of Indianapolis Stormwater Design and Construction Specifications Manual (CISWDCSM).
(3) Construction site stormwater pollution prevention plan (SWPPP) that includes all requirements identified in the City of Southport’s construction/stormwater pollution prevention plan technical review form and per the CSGP.
(4) Post-construction SWPPP and design calculations (for water quality and detention design) that meet at least the minimum requirements of Chapter 5.12 and include the information required in the CISWDCSM and the CSGP.
(5) Post-construction operation and maintenance manual (O&M Manual) per Chapter 5.12.
(6) SWPPP and post-construction water quality BMP owner acknowledgement per Chapter 5.12.
(7) A draft of IDEM’s notice of intent with proof of public notice.
(8) Plan review fees.
(D) Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria outlined in the most recent version of the State of Indiana’s Stormwater Quality Manual and shall be adequate to the satisfaction of the City to prevent the transportation of sediment from the site. Cut and fill slopes shall be no greater than 3:1, except as approved by the City to meet other community or environmental objectives.
(E) The applicant may, at the option of the City, be required to file with the City a faithful performance bond, letter of credit, or other improvement security in an amount deemed sufficient by the City to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by the City, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site. (Ord. 5.10, passed 2-19-2007; Am. Ord. 2024.04, passed 6-17-2024. Formerly 5.16.030)
5.16.120 REVIEW AND APPROVAL.
(A) The City will review each application for a site development permit to determine its conformance with the provisions of this chapter and the CISWDCSM. The City will follow the procedures outlined in the site development permit application. Upon review, the City shall, in writing:
(1) Approve the application and associated documentation and provide a construction/stormwater pollution prevention plan technical review form deeming the “Plan is Adequate.”
(2) Approve the application and associated documentation subject to such reasonable conditions as may be necessary to secure the objectives of this chapter and provide a construction/stormwater pollution prevention plan technical review form deeming the “Plan is Adequate.” Conditions may include obtaining other City department or agency permits or approvals.
(3) Provide a construction/stormwater pollution prevention plan technical review form stating that the “Plan is Deficient” and indicate the reason(s) and procedure for submitting a revised application and/or submission.
(B) After receiving approval, if revisions to the construction plans require a change in measures appropriate to control the quality or quantity of stormwater runoff, then revised plans must be submitted to the City. (Ord. 5.10, passed 2-19-2007; Am. Ord. 2024.04, passed 6-17-2024. Formerly 5.16.040)
5.16.130 RESPONSIBILITY OF CONSTRUCTION SITE OWNER AFTER APPROVAL.
After receiving site development permit approval, it is the responsibility of the project site owner, operator, or agent to:
(A) Implement approved construction plan.
(1) Submit the technical review form and the final NOI with proof of public notice for the CSGP to IDEM, at least 48 hours before any land disturbance or discharges occur.
(2) Submit the notice of sufficiency from IDEM along with a final NOI to the City at least 48 hours before any land disturbance or discharges occur.
(3) Receive approval for other City permits as required.
(4) Ensure proper construction and installation of all stormwater measures in compliance with the approved submittal, this chapter, the CISWDCSM, and the CSGP (as applicable).
(5) Ensure that all persons engaging in construction activities on the permitted project site comply with the applicable requirements of this chapter, the CSGP, and the approved construction plan.
(6) Install and stabilize all erosion and sediment control devices before any clearing, except what is necessary to establish the devices.
(7) Ensure all stormwater quality measures are designed and installed under the guidance of a trained individual.
(8) Inform all general contractors, construction management firms, grading or excavating contractors, utility contractors, and contractors that have primary oversight on individual building lots of the requirements of this chapter, the conditions and standards included in the SWPPP, and the schedule for proposed implementation.
(9) Maintain a self-monitoring program and complete regular inspections of all control measures per the inspection schedule outlined in the CSGP. The purpose of such inspections will be to determine the overall effectiveness of the SWPPP and the need for additional control measures. All inspections shall be documented and submitted to the City upon request within 48 hours. Self-monitoring reports are to be completed by a trained/qualified individual.
(10) Develop and maintain a project management log per the CSGP.
(11) Meet all performance standards and implementation requirements of the CSGP.
(12) Comply with the provisions outlined in Chapter 5.12.
(B) Project completion and permit termination.
(1) Plan an orderly and timely termination of construction activities, including the implementation of stormwater quality measures that are to remain on the project site.
(2) Notify the City of final stabilization so the City may verify the notice of termination (NOT) by completing a final site inspection before the project site owner or operator submits the NOT to IDEM. Refer to the construction/stormwater pollution prevention plan technical review form.
(a) Final stabilization of a project site is achieved when all land disturbing activities have been completed, temporary BMPs have been removed, permanent BMPs have been cleaned, and a uniform perennial vegetative cover with a density of 70% has been established on all unpaved areas and areas not covered by a permanent structure or equivalent permanent stabilization measures have been employed.
(b) Final stabilization for construction projects on land used for agricultural purposes is achieved when:
(i) Stabilization is completed per subsection (B)(2)(b) of this section as land disturbance progresses;
(ii) Land returned to its preconstruction agricultural use is temporarily or permanently seeded upon completing land disturbance activities; and
(iii) Disturbed areas, not previously used for agricultural production, such as filter strips, are being returned to their preconstruction agricultural use.
(3) After a verified NOT has been submitted for a project site, City approval and CSGP coverage are terminated and maintenance of the remaining stormwater management measures shall be the responsibility of the property owner or occupier of the property. (Ord. 2024.04, passed 6-17-2024)
5.16.140 CITY INSPECTION.
(A) Construction site owners and/or property owners shall allow right-of-entry for the City, Building Commissioner, or other representatives to inspect any project site with an active CSGP and site development permit.
(B) The City, or designated agent, shall inspect as required the installation, implementation, and maintenance of control measures and management practices at any project site involved in construction activities. The City, or designated agent, shall either approve that portion of the work completed or notify the permittee wherein the work fails to comply with the erosion and sediment control plan as approved.
(C) Plans for grading, stripping, excavating, and filling work approved by the City shall be maintained at the site during the progress of the work. (Ord. 5.10, passed 2-19-2007; Ord. 2024.04, passed 6-17-2024. Formerly 5.16.060)
5.16.150 ENFORCEMENT.
(A) Written notification.
(1) In the event the City, designated agent, or other regulatory agency determines the project is not in compliance with this chapter, the approved site development permit, the CSGP, or the CISWDCSM, the project site owner will be issued a written notification from the Building Commissioner. The written notification may be in the form of a warning letter of noncompliance or violation notice. The notice will specify the violation believed to have occurred and request the project owner to immediately investigate the matter and implement necessary corrective actions.
(2) Following a written notification, the project site owner shall have 72 hours from the date issued the written notice to correct the deficiency. In the event the deficiency is not corrected within this period, a stop-work order will be issued and a fine may be assessed against the project site owner between $10 and $100 per day per deficiency. The fine shall be determined by the City.
(B) Stop-work order.
(1) If deficiencies in a written notification are not resolved within 72 hours after receipt of written notification, the Building Commissioner may issue a stop-work order or may revoke the owner’s site development permit. In this event, all construction work shall cease until and unless the Building Commissioner determines that compliance has been obtained.
(2) Any person who neglects or fails to comply with a stop-work order may be fined for each offense, plus costs, damages, and expenses. Each day such violation occurs or continues shall be deemed a separate offense, and shall make the violator liable for imposing a fine for each day. The Building Commissioner may assess a permit reinstatement fee.
(3) The City may issue a stop-work order and may suspend or revoke the site development permit if any of the work is being conducted in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.
(4) Following a stop-work order, a permit reinstatement fee will be assessed at an amount defined by the City plus an inspection fee to ensure all corrective actions have been implemented.
(C) Failure to comply or complete.
(1) In addition to any other remedies, should any owner fail to comply with enforcement actions under the provisions of this chapter, the City may, after giving written notification and opportunity for compliance, correct a violation by performing all necessary work to place the facility in compliance. The City may assess the project owner for the cost of repair and remedial work. The City shall mail an invoice for the costs incurred in performing the repair and remedial work to the property owner. If such an invoice is not paid within 30 days of mailing, the City may certify such costs to the Marion County Auditor to be placed on the tax duplicate for collection as taxes. The cost of the work and any administrative costs in connection therewith shall be a lien on the property.
(2) The City may file a civil suit in any court of competent jurisdiction against an owner or developer whom the City has determined violated this chapter. The suit may be to secure a restraining order or injunction, for damages or collection of fines imposed. In the event the court determines the owner or developer to have violated this chapter, the violator shall be liable for interest at eight percent per annum on any amount recovered and for reasonable attorney fees incurred by the City.
(D) Withhold certificate of occupancy. The City may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the project owner has taken the remedial measures outlined in the notice of violation or has otherwise satisfied the requirements of this chapter as determined by the City. (Ord. 5.10, passed 2-19-2007; Ord. 2024.04, passed 6-17-2024. Formerly 5.16.070)
5.16.160 APPEALS.
Any person to whom any provision of this chapter has been applied may appeal in writing, not later than 30 days after the action or decision being appealed from, to the City. Such appeal shall identify the matter being appealed, and the basis for the appeal. The City shall consider the appeal and decide whereby it affirms, rejects, or modifies the action being appealed. In considering any such appeal, the City may consider the recommendations of the Building Commissioner and the comments of other people who know the matter. In considering any such appeal, the City may grant a variance from the terms of this chapter to provide relief, in whole or in part, from the action being appealed, but only upon finding that the following requirements are satisfied:
(A) The application of the chapter provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses to comply with the chapter; and
(B) The granting of the relief requested will not substantially prevent the goals and purposes of this chapter, nor result in less effective management of stormwater runoff. (Ord. 2024.04, passed 6-17-2024)
5.16.170 REMEDIES NOT EXCLUSIVE.
The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the City to seek cumulative remedies. (Ord. 2024.04, passed 6-17-2024)
5.16.180 PENALTIES.
Any person found in violation of any provision of this chapter shall be responsible for fines per IC 36-1-3-8 (a)(1) of up to $2,500 for a first violation of the chapter and up to $7,500 for a second or subsequent violation of the chapter. Each fine is subject to cost recovery for damages and expenses. Each day a violation continues after the original notification shall be deemed a separate offense under this chapter. The City may recover all attorney’s fees, court costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses. (Ord. 2024.04, passed 6-17-2024)