Chapter 13.05 CONSTRUCTION SITE STORMWATER RUNOFF CONTROL

The Board of Commissioners of Vanderburgh County, Indiana, hereinafter referred to as the Commissioners, finds, determines, and declares that the network of natural surface watercourses, natural streams, and constructed drains in Vanderburgh County, Indiana, provides for the collection, conveyance, storage, treatment, discharge, and disposal of stormwater, and thereby benefits and serves all property within the various watersheds contributing stormwater to the stormwater drainage network. The benefits include, but are not limited to, the provision of adequate collection, conveyance, detention, retention, treatment, and release of stormwater, the reduction of hazards to life and property resulting from stormwater runoff, the improvements in general health, safety, and welfare through reduction of undesirable stormwater conditions, and the improvements to the quality of stormwater arriving through the stormwater drainage network to the receiving waters of the state and navigable waters of the United States.

B. Purpose.

The purpose of this Chapter is:

1. To enable the Board of Commissioners of Vanderburgh County, Indiana, to comply with federal and state laws and regulations applicable to the National Pollutant Discharge Elimination System (NPDES) permitting requirements for stormwater discharges from construction sites.

2. To prevent or eliminate the discharge of contaminated stormwater runoff from construction sites into stormwater conveyances owned or operated by the county, or into waters of the state, and waters of the U.S.

3. To establish a procedure that requires submittal, review, and approval of construction plans per Indiana Department of Environmental Management’s (IDEM) Construction Stormwater General Permit (CSGP) and Municipal Separate Storm Sewer System (MS4) General Permit (MS4GP) before the commencement of construction activities at project sites where land disturbance will be to equal or greater than one (1) acre, and operations that result in the land disturbance of less than one acre of total land that are part of a larger common plan of development or sale.

4. To establish a procedure that offers the soil and water conservation district an opportunity to make technical comments and recommendations on individual plans for project sites regulated by this chapter.

5. To establish a process that ensures the implementation of appropriate control measures and management practices at construction sites through guidance, assistance, inspection, evaluation, plan modification, enforcement, and penalty when necessary to ensure compliance with regulations under this chapter.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.02 Definitions.

A. For the purposes of clarification, the following definitions are provided and become a part of and applicable to the purposes, policies, regulations, requirements, provisions, specifications, and applications of this chapter.

B. In some instances, a definition incorporated herein establishes policy within the definition, and such establishment of policy shall have the same effect as if the policy were established in another section of this chapter.

C. The definitions established in this section shall be the effective definitions for certain terminology used within this chapter, and within documents, activities, and exchanges of dialogue appended to or associated with this chapter.

D. When a definition given in this section or chapter conflicts or varies with a definition given in a document other than this section or chapter, the definition given in this section or chapter will prevail as the operative definition relative to the requirements of and regulation under this chapter.

E. Terminology not specifically defined in this section or chapter will have the meaning commonly understood in the technology or industry relevant to the use of the terminology or will have the most relevant meaning given in Webster’s Collegiate Dictionary.

F. The following definitions are incorporated by this chapter and shall apply throughout unless the context clearly indicates another meaning:

1. "Agricultural conservation practices” means practices that are constructed on agricultural land for the purposes of controlling soil erosion and sedimentation. These practices include, but are not limited to grass waterways, sediment basins, terraces, and grade stabilization structures.

2. “Agricultural land-disturbing activity” means tillage, planting, cultivation, or harvesting operations to produce 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 drainage tiles.

3. “Applicant” means the person, persons, partnership, corporation, or other private entity, their heirs, or assigns who shall apply to the Board for drainage plan approval.

4. “BMP” or “best management practice” means an activity or structure that helps improve the quality and decrease the quantity of stormwater runoff.

5. “Borrow area” means areas where materials are excavated for use as fill.

6. “Clearing” means any activity that removes the vegetative surface cover.

7. “Construction activity” means land disturbing activities and land disturbing activities associated with the construction of infrastructure or structures. The term “construction activity” does not include routine ditch or road maintenance or minor landscaping projects.

8. “Construction plan” means an ordered collection of drawings, narratives, data, and documents assembled for review, approval, authorization, and establishment of guidelines for the initiation, management, and completion of construction activities at a project site regulated by this chapter. A stormwater pollution prevention plan (SWPPP) is a part of the construction plan.

9. “Construction project,” or “project,” means an organized effort to start, conduct, manage, and complete a single construction activity, or a series of construction activities.

10. “Construction site access” means a stabilized stone surface at all points of construction related ingress to and egress from a project site planned and installed in accordance with specifications from an approved reference manual, and maintained throughout the period of land disturbing activities for the purpose of capturing and detaining sediment carried by tires, tracks, or other surface contact components of vehicles, earthmoving equipment, or material and personnel transport conveyances.

11. “Construction site operator” shall have the same meaning as project site operator.

12. “CSGP” or “Construction Stormwater General Permit” means the Indiana Department of Environmental Management’s Construction Stormwater General Permit (CSGP) regulating erosion and sediment control practices on construction projects disturbing greater than one acre of land.

13. “Construction support activity” means any 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.

14. “Contractor” or “subcontractor” means an individual or company hired by the project site owner, or by an individual lot owner or individual lot operator to perform services on or connected to the project site or individual lot.

15. “Conveyance” means a combination of drainage components that are used to convey stormwater discharge, either within or downstream of 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 system” 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.

16. “County Commissioners” means the Board of County Commissioners of Vanderburgh County, Indiana.

17. “County drainage board” means the Vanderburgh County Drainage Board.

18. “Developer” means a project site owner or person financially responsible for construction activity; or an owner of property who sells, leases, or offers for sale or lease, any lots in a subdivision or larger common plan of development or sale.

19. “Disposal” means the discharge, deposit, injection, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste, or any constituent of the waste, may enter the environment, be emitted into the air, or be discharged into any waters including ground waters.

20. “Ditch maintenance” means to restore a conveyance system to its original 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, debrushing, and mowing),

b. spraying,

c. removing obstructions,

d. conducting minor repairs

21. “Drain” means an open channel or a pipe, or combination thereof, implemented to gather, convey, store, treat, and release stormwater runoff.

22. “Erosion” means the detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.

23. “Erosion and sediment control measure” means a practice, or a combination or practices, to control erosion and resulting sedimentation.

24. “Erosion and sediment control system” means 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.

25. “Facility” means any real property including, but not limited to buildings, parks, or other improvements owned and/or operated by an MS4.

26. “Filter strip” means an area of undisturbed or planted vegetation used to retard or collect sediment for the protection of watercourse, reservoirs, or adjacent properties.

27. “Final stabilization” means the establishment of permanent vegetative cover or the application of a permanent, non-erosive material to areas where all land disturbing activities have been completed and no additional land disturbing activities are planned under the current permit.

28. “Floatable” means any solid waste that, due to its physical characteristics, will float on the surface of water. The term does not include naturally occurring floatables, such as leaves or tree limbs.

29. “Grading” means the excavation of the land surface to a desired slope or elevation.

30. “Green infrastructure” means an approach to water management that protects, restores, or mimics the natural water cycle.

31. “Groundwater” means such accumulations of underground water, natural or artificial, public and private, or parts thereof, which are wholly or partially within, flow through, or border upon this state. The term does not include manmade underground storage or conveyance structures.

32. “IDEM” means the Indiana Department of Environmental Management, the NPDES permitting authority for the State of Indiana.

33. “Illicit discharge” means any discharge to an MS4 conveyance that is not composed entirely of stormwater, except naturally introduced floatables, such as leaves or tree limbs. Sources of illicit discharge include but are not limited to sanitary wastewater, septic tank effluent, commercial car wash wastewater, oil spills or disposal, radiator flushing disposal, laundry wastewater, roadway accident spillage, pollutant runoff, and household hazardous wastes.

34. “Impervious surface” or “impervious land surface” means any surface that prevents or significantly reduces stormwater to readily infiltrate into the underlying natural soil.

35. “Individual building lot” means a single parcel of land within a multi-parcel development.

36. “Individual lot operator” means a builder, contractor or subcontractor working on an individual building lot.

37. “Individual lot owner” means a person who has financial interest in the construction activities for an individual lot.

38. “Infiltration” means the process by which surface water enters the soil and recharges streams, lakes, rivers, and underground aquifers. Stormwater infiltration is a fundamental component of the water cycle and is a centerpiece of stormwater management strategies.

39. “Infiltration practices” means any structural system designed to facilitate the percolation of runoff through the soil to groundwater. Examples include infiltration basins or trenches, dry wells, and porous pavement.

40. “Land disturbing activity” or “land disturbance” means any manmade change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting, and grading.

41. “Larger common plan of development or sale” means a plan undertaken by a developer, project site owner, or group of developers or project site owners, 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 a part of a larger common plan. The term includes phased or other construction activity by a single unit for the unit’s use. For this chapter, a parcelization as defined in Title 16 of this code is not considered to be a larger common plan of development or sale.

42. “Legally binding agreement” means a written, enforceable legal document used to describe responsibilities between joint municipal executives, MS4 entities, or other entities providing, receiving, or sharing services regarding this chapter.

43. “Low impact development (LID)” means systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration, or use of stormwater to protect water quality and associated aquatic habitat.

44. “MEP” or “maximum extent practicable” means performance standard or requirement within a permit to reduce the discharge of pollutants from an MS4 to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act; which is achieved through planning and implementation of specific measures that are identified in the Stormwater Quality Management Plan (SWQMP). The term applies to an MS4 that demonstrates to IDEM’s satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. The MS4 must document that all reasonable and economical options have been evaluated, considered, and/or implemented to comply with and achieve the requirements of the permit, except those where it can demonstrate that they are not technically feasible in the locality, or whose cost would exceed any water quality benefit.

45. “MS4,” or “Municipal Separate Storm Sewer System” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created to or under state law) including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act that discharges into waters of the United States; (ii) Designed or used for collecting or conveying stormwater; (iii) Which is not a combined sewer; and (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2.

46. “MS4 entity” means a public or private body that owns, operates, or maintains a stormwater conveyance system, including a transportation agency operated by that body. The term can also include federal, state, city, town, county, district, association, or township public bodies and privately owned universities, colleges, or stormwater utilities. The term does not include non-MS4 entity-owned shopping malls, office parks, apartment complexes, golf courses, churches, or hotels.

47. “Non-stormwater discharges” means 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, paint wash water, irrigation water, or pipe testing water.

48. “NPDES,” or “National Pollution Discharge and Elimination System” means a permit issued by the USEPA or IDEM that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable to an individual, group, or general area-wide basis.

49. “Outfall” means the point, location, or structure where a pipe or open drain discharges to a receiving body of water.

50. “Parcelization” means a division of land that complies with the requirements of Chapter 16 of this code. A single SWPPP will not be required for all lots contained within a Parcelization as a whole, including all lots within the parcelization plat. Each individual lot within a Parcelization that meets the land disturbance criteria defined in this code will require a SWPPP for that individual lot.

51. “Permanent stabilization” means the establishment, at a uniform minimum of seventy percent (70%) across the disturbed areas, of vegetative cover or permanent non-erosive material that ensures the resistance of the underlying soil to erosion, sliding, or other movement.

52. “Permittee” means the individual or entity required to obtain permit coverage as defined by Project Site Owner.

53. “Point source” means any discernable, confined, and discrete conveyance, including a pipe, ditch, channel, tunnel, conduit, well, or discrete fissure.

54. “Pollutant” means anything that 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, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; sediments; metals; 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.

55. “Project site” means the entire area on which construction activity will be performed.

56. “Project site owner/operator” means the person or entity required to submit an NOI and required to comply with the terms of the Construction Stormwater General Permit, including either of the following: A developer, or a person who has financial and operational control of construction activities, project plans, and specifications, including the authority approve expenditure of funds and ability to modify or cause modification of project plans and specifications for a project site.

57. “Receiving stream” or “receiving water” means a waterbody that receives a discharge from an outfall. The term does not include private drains, retention and detention basins, or constructed wetlands used as treatment.

58. “Runoff” means water that originates during a precipitation event and flows over the land rather than infiltrating into the ground or evaporating.

59. “Sediment” means solid material, both organic and mineral, which 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.

60. “Sedimentation” means the settling and accumulation of unconsolidated sediment carried by stormwater runoff.

61. “Silvicultural” means the practice of controlling the establishment, growth, composition, health, and quality of forests to meet diverse needs and values.

a. Nonpoint activities that do not require permit coverage include source silvicultural activities such as nursery operations, site preparation, reforestation, and subsequent cultural treatment, thinning, prescribed burning, pest, and fire control, harvesting operations, surface drainage, or logging road construction and maintenance from which there is natural runoff. Some of these activities (such as stream crossing for roads) may involve the placement of dredged or fill material which may require a CWA section 404 permit and a 401 Water Quality Certification.

b. Point source activities, subject to permit coverage include any discernible, confined, and discrete conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities that are operated in connection with silvicultural activities and from which pollutants are discharged into waters of the United States or the State.

62. “Soil” means the unconsolidated mineral and organic material on the surface of the earth that serves as the natural medium of vegetative growth.

63. “Solid waste” means 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:

i. domestic sewage; or

ii. 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.S. 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.

64. “Spill” means the unexpected, unintended, abnormal, or unapproved dumping, leakage, drainage, seepage, discharge, or other loss of petroleum, hazardous substances, extremely hazardous substances, or objectionable substances. The term does not include releases to impervious surfaces when the substance does not migrate off the surface or penetrate the surface and enter the soil.

65. “SWCD” or “Soil and Water Conservation District” means Vanderburgh County SWCD, a political subdivision established under IC 14-32.

66. “Stormwater management measure” means a practice or combination of practices selected to improve the quality of runoff discharges, divert runoff, or mitigate the impacts related to the quantity of runoff.

67. “Stormwater pollution prevention plan” or “SWPPP” means a plan developed to minimize the impact of stormwater pollutants resulting from construction and post-construction activities.

68. “Stormwater quality measure” means a practice or combination of practices to control or minimize pollutants associated with stormwater runoff.

69. “Strip development” means a multi-lot project where building lots front an existing road. For this chapter, a parcelization as defined in Title 16 of this code is not considered to be a strip development.

70. “Temporary stabilization” means the covering of soil to ensure its resistance to erosion, sliding, or other movement. The term includes vegetative cover, anchored mulch, or other non-erosive materials applied at a uniform minimum density of seventy percent (70%) across the disturbed areas of a project site.

71. “Tracking” means the movement and re-depositing of dirt, mud, aggregate, sediment, or other stormwater pollutants from a project site by the actions of wheels, tires, skids, tracks, or other surface contact components of cars, trucks, heavy equipment, or material and personnel transport conveyances.

72. “Trained individual” means an individual who is trained and experienced in the principles of stormwater management, including erosion and sediment control as is demonstrated by completion of coursework, state registration, professional certification, or annual training that enables the individual to make judgments regarding stormwater management, treatment, and monitoring.

73. “Treat” means improving the stormwater runoff quality, reducing runoff volume, reducing peak flow, or any combination thereof.

74. “USEPA” means the United States Environmental Protection Agency.

75. “Wellhead protection area” has the meaning set forth at 327 IAC 8-4.1-1(27).

76. “WQF” or “water quality flow” means the peak flow associated with the water quality volume calculated using the Natural Resources Conservation Service graphical peak discharge method.

77. “WQV” or “water quality volume” means the runoff volume generated by one inch of rainfall on a site.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.03 Compliance with All Pertinent Ordinances.

The project site owner must comply with all appropriate ordinances and regulations related to stormwater discharges within the jurisdictional areas regulated under this chapter.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.04 Commissioners Retain Statutory and Discretionary Powers.

The Commissioners, whether acting as the Board of County Commissioners or as the County Drainage Board, retain the right to certain statutory and discretionary powers including, but not necessarily limited to considering the appeal of a project site owner, making findings and determinations, issuing orders, or instructing and directing the County Engineer, or designee, concerning and following this chapter and other applicable federal, state, and local laws and rules.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.05 Interdepartmental and Co-Regulatory Agreements.

A. The Commissioners may enter into agreements with or direct the use of another entity, county or municipal agency, or agent to accomplish the requirements of and regulations under this chapter so long as the County Engineer, or designee, maintains the administrative control, within the jurisdictional area of the Commissioners, of the plan review, approval process, and construction site control program established by this chapter.

B. The Commissioners may enter into a legally binding agreement with another MS4 entity by which agreement the County Engineer, or designee, performs services for, receives services from, or exchanges services with the other MS4 entity to the benefit of the parties to the agreement.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.06 Responsibility for Administration.

The Commissioners shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon authorized personnel may be delegated in writing by the Commissioners to persons or entities acting in the beneficial interest of or in the employ of the Commissioners through the Vanderburgh County Engineering Department.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.07 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. 09-24-009 § 1, added, 9/10/2024)

13.05.08 Ultimate Responsibility.

The standards set forth herein and promulgated per 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. 09-24-009 § 1, added, 9/10/2024)

13.05.09 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, stormwater runoff amount, 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 Vanderburgh County or any officer, representative, or employee thereof, for any damage which may result from reliance on this chapter or on any administrative decision lawfully made there under.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.10 General Jurisdictional Boundary.

A. The regulations of this chapter apply to all construction sites and construction activities on all lands within the jurisdictional boundaries of the Board of County Commissioners of Vanderburgh County, Indiana, unless exempted from this chapter.

B. The regulations of this chapter may be expanded into another municipal jurisdiction, or MS4GP regulated areas, upon the execution of a legally binding agreement between the Board of County Commissioners of Vanderburgh County, Indiana, and another municipal executive authority, legislative authority, or designated MS4 entity.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.11 Applicability.

A. This applies to all land-disturbing activities within the jurisdiction of the County with a land disturbance greater than or equal to one (1) acre, or disturbances of less than one (1) acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one (1) or more acres of land.

B. The requirements under this chapter do not apply to the following activities:

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 per 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.

C. 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 § 122.26(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 § 122.26(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 fire-fighting 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 groundwater or spring water.

h. Foundation or crawl space footing drainages where flows are not contaminated with process materials such as solvents or contaminated groundwater.

i. Uncontaminated condensate from air conditioning units, coolers, and other compressors and from outside refrigerated gases or liquids.

j. Construction dewatering that has been treated by an appropriate stormwater quality measure or series of measures provided other contaminants are not present.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.12 Determination of Land Disturbance Criteria, Regulation.

The clarification of land-disturbing activities covered under this ordinance and the CSGP are defined in Appendix A of the CSGP. The following sections have been reiterated for the county.

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. Land disturbance for new public or private fueling areas or those that replace existing tank systems, regardless of tank size or total land disturbance are required to obtain approval.

C. 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 (0.5) acre or more, the total size 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 (0.5) acre in size, the total lot must be calculated as being disturbed.

c. All other types of multi-lot project sites, such as industrial and commercial project sites, as a minimum of one (1) acre for all lots regardless of size.

2. Strip developments are considered multi-lot project sites under this ordinance.

D. Land-disturbing activities for the construction of the following agricultural operations must obtain permit coverage when the land disturbance is greater than or equal to one (1) acre:

1. Barns.

2. Buildings to house livestock.

3. Roads associated with infrastructure.

4. Agricultural waste lagoons and other facilities.

5. Lake, ponds, and impoundments.

6. Wetlands constructed voluntarily or as mitigation.

7. Other infrastructure

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.13 Stormwater Detention General Requirements.

Chapter 13.04 Stormwater Drainage Control governs the design of stormwater runoff detention of any facility within a project. Drainage approval is through the County Surveyor’s Office and the Vanderburgh County Drainage Board.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.14 Stormwater System Design

Refer to Chapter 13.04 Stormwater Drainage Control for stormwater quantity and technical requirements.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.15 Post-Construction Stormwater Quality General Requirements.

A. Applicability and Exemptions.

1. The applicability under this section is the same as Section 13.05.11.

2. This section applies to new public or private fueling areas or those that replace existing tank systems, regardless of tank size or total land disturbance.

3. The exemptions under this section are the same as Section 13.05.11.

4. The post-construction requirements of this section do not apply to the following:

a. Construction activities associated with a single-family residential dwelling disturbing less than one (1) acre, when the dwelling is not part of a larger common plan of development or sale; or individual building lots within a larger permitted project.

b. Land-disturbing activities where there will be no additional impervious surfaces associated with the final completed project, including but not limited to, ditch construction/reconstruction and utility installation/maintenance activities.

c. Single-family residential strip development offered for sale or lease without land improvements and the project is not part of a larger common plan of development or sale.

d. Individual residential building lots within a permitted project site.

e. Residential developments consisting of four (4) or fewer lot developments where the proposed impervious surfaces are 10% or less of the project acreage.

f. Single-family residences and private ponds that are not part of a larger common plan of development or sale.

B. For land disturbance greater than or equal to one (1) acre, post-construction stormwater quality control measures in the form of structural and/or non-structural best management practices (BMPs) are required. A project site owner shall meet the following minimum requirements:

1. All post-construction stormwater quality and quantity measures necessary to comply with this chapter must be implemented per the approved construction plan and sufficient to satisfy the requirements of the CSGP, Chapter 13.04 Stormwater Drainage Control, most recent Vanderburgh County Technical Memorandum, and the Indiana Stormwater Quality Manual.

2. Post-construction stormwater pollutant loading should not exceed pre-construction pollutant loading based on the implementation of post-construction stormwater quality treatment best management practices that comply with the design requirements in the next section. Pre-construction refers to the site immediately before the planned land disturbance and development activities occur. Pre-construction is not intended to be interpreted as that period before any human-induced land disturbance activity has occurred.

3. Any fueling area, publicly or privately owned, that installs or replaces fuel tanks must install appropriate post-construction stormwater quality treatment measures to reduce lead, copper, zinc, and polyaromatic hydrocarbons in stormwater runoff. Treatment must include the water quality volume or flow rate.

4. When using infiltration measures, take into consideration the pollutants associated with runoff and the potential to contaminate groundwater resources. When there is a potential for contamination, choose alternative measures or measures that pretreat runoff to remove the pollutants of concern.

5. Where there is a potential for groundwater contamination, including in Wellhead Protection Areas, measures shall be implemented that pretreat the water quality volume or flow rate to remove the pollutants of concern including total suspended solids (TSS) and oil/grease at a minimum.

6. Registration of any Class V Injection well with USEPA Region 5.

7. Performance standards identified in the CSGP.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.16 Post-Construction Stormwater Quality Design Requirements.

Refer to the most recent Vanderburgh County Technical Memorandum. Unless judged by the Commissioners to be exempt or granted a waiver, the following performance criteria shall be addressed for stormwater quality management at the applicable sites:

A. Stormwater quality BMPs shall be designed to treat the water quality volume (WQv) or water quality flow rate. Refer to the Vanderburgh County Technical Memorandum, the Indiana Stormwater Quality Manual, or another technical resource for further details regarding the calculation of the WQv or flow rate.

B. Stormwater quality BMPs shall be capable of removing eighty percent (80%) of the TSS load from post-construction runoff. For this requirement, TSS is defined as particles smaller than one hundred twenty-five (125) microns in diameter. Larger material is considered part of the total solids load of the stormwater runoff.

C. Annual groundwater recharge rates shall be maintained by promoting infiltration using structural and nonstructural methods.

D. Measures shall, at a minimum:

1. Utilize one (1) or more post-construction measures working in tandem to treat stormwater runoff and increase the overall efficiency of individual and specialized measures.

2. In combination with proper post-construction measure selection, design and development strategies must be selected and incorporated into the plan to reduce the contribution of pollutants from the project area to the post-construction measures. These strategies include, but are not limited to:

a. Low Impact Development (LID) and green infrastructure.

b. Infiltration measures, when selected, must consider the pollutants associated with runoff and the potential to contaminate groundwater resources. Where there is a potential for contamination, implement measures that pre-treat runoff to eliminate or reduce the pollutants of concern. Infiltration practices will not be allowed in wellhead protection areas.

E. The BMPs in Table 13.05.16 are acceptable for use in the County if designed, constructed, and maintained according to the criteria outlined in the Indiana Stormwater Quality Manual or USEPA National Menu of Best Management Practices. It is presumed that these acceptable BMPs achieve a target TSS removal rate of 80% and control floatables when correctly constructed and maintained.

F. Should the developer/project site owner choose to implement a stormwater control device, method, or system not listed as one of the acceptable BMPs for the County, the developer/project site owner must provide proof that the stormwater control device, method, or system can achieve the target TSS removal rate of 80% and include floatable control when correctly constructed.

Table 13.05.16– Acceptable Post-Construction Stormwater Quality BMPs for Vanderburgh County
BMP Type	Description	Quantity Control	Quality and 80% TSS Removal
Stormwater Ponds: Wet pond, wet extended detention pond, micropool extended pond, multiple pond systems	Stormwater detention/retention ponds are constructed stormwater basins with a permanent pool (or micropool) of water. Runoff from each rain event is captured and treated in the pool.	Yes	Yes
Dry Detention or infiltration pond (must have upstream pretreatment)	Stormwater detention or infiltration ponds designed to hold water and release it slowly or infiltrate into the ground.	Yes	No, A dry pond alone does not meet the TSS removal requirement.
Stormwater Wetlands: Shallow wetland, extended detention wetland, pond/wetland systems, pocket wetland	Stormwater wetlands are constructed, artificial wetland systems used for stormwater management. They use natural processes involving wetland vegetation, soils, and microbes to improve water quality.	Yes	Yes
Bioretention Areas: rain gardens or landscape depressions	Bioretention areas are shallow stormwater basins or landscaped areas that utilize engineered soils and vegetation to capture and treat stormwater runoff.	Yes	Yes
Sand Filters: Surface sand filter, perimeter sand filter	Sand filters are multi-chamber structures designed to treat stormwater runoff through filtration, using a sand bed as the primary filter media.	No	Yes
Water Quality Swales: Dry swale	Water quality swales are vegetated open channels that are designed and constructed to filter stormwater runoff with vegetation and gentle slopes. These measures can only be used as pretreatment measures or as part of a treatment train.	No	No
Biofilters: Filter strip, grass channel	While biofilters provide some filtering of stormwater runoff, by themselves they cannot meet the 80% TSS removal goal. These measures can only be used as pretreatment measures or as part of a treatment train.	No	No

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.17 Post-Construction BMPs Operation and Maintenance Manual.

A. The developer/project site owner shall provide an Operation and Maintenance (O&M) Manual signed by the BMP Owner for each post-construction stormwater quality BMP. The O&M Manual shall be submitted with the Stormwater Construction Plan for approval.

B. The O&M Manual shall include:

1. Additional operation and maintenance measures necessary to prolong the optimal function of the facility as determined by the designer.

2. A description of the maintenance guidelines for all post-construction stormwater measures to facilitate their proper long-term function.

3. The owner’s signature and any future parties who will assume responsibility for the operation and long-term maintenance of the post-construction stormwater measures.

4. The specific contents of the O&M Manual are outlined in Vanderburgh County’s Construction/Stormwater Pollution Prevention Plan Technical Review form.

C. The BMP owner shall provide a signed and notarized Post-Construction Best Management Practice Owner Acknowledgement to the County Engineer. The signed and approved O&M Manual shall be recorded with the property by the County Recorder’s office. A copy of the O&M Manual shall be provided to each new owner before the transfer of ownership. The O&M Manual shall be signed by the new owner, notarized, and submitted to the County Engineer to be kept on record.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.18 Post-Construction BMP Easements.

A. Post-construction BMPs must be located within a drainage easement or an easement that is established solely for the BMP.

B. The project site owner shall provide an appropriately sized easement around the post-construction stormwater quality treatment BMP needed to access the BMP for inspections and maintenance as part of an enforcement action. Upon approval of the easement location and size shown on the construction plans, the easement shall be granted to the Board of County Commissioners of Vanderburgh County through a Grant of Perpetual Drainage Easement.

C. The owner shall maintain all stormwater treatment practices in good condition per operation and maintenance requirements for each stormwater practice per the terms and conditions of the Stormwater Construction Plan.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.19 Requirement for Industrial Sites to Prevent, Control, and Reduce Stormwater Pollutants.

A. The owner or operator of an industrial construction site one (1) acre or greater shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the county’s storm drainage system or watercourses using structural and non-structural BMPs.

B. 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 the responsible person’s expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. These BMPs shall be part of a Stormwater Pollution Prevention Plan (SWPPP) as necessary for compliance with requirements of an industrial stormwater permit.

C. Compliance with all terms and conditions of a valid industrial stormwater permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliant with the provisions of this section.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.20 Construction Stormwater Control General Requirements.

A. All property owners or developers shall implement the requirements of this chapter for construction activities within the County resulting in land disturbance of one (1) acre or more.

B. Individual lot owners or operators where the land disturbance is less than or greater than one (1) acre and the lot lies within a larger common plan for development or sale shall follow the requirements in Chapter 13.05.23.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.21 Construction Stormwater Plan Application.

A. No land-disturbing activity that would require the uncovering of one (1) acre or more of land shall be initiated without submittal of all the required documentation identified in Vanderburgh County’s Construction/Stormwater Pollution Prevention Plan Technical Review form and documentation of stormwater approval from the Vanderburgh County Engineer, or designee.

B. Stormwater Construction Plan approval is not required for any emergency activity that is immediately necessary for the protection of life, property, or natural resources. Notification to the County Engineer and IDEM is required per the CSGP.

C. The application shall contain the items in Vanderburgh County’s Construction/Stormwater Pollution Prevention Plan Technical Review form including the following:

1. Vanderburgh County’s Construction/Stormwater Pollution Prevention Plan Technical Review form.

2. Professionally certified design plans with erosion and sediment control measures identified and details following the Indiana Stormwater Quality Manual. A trained individual must prepare plans.

3. Drainage Plan per Chapter 13.04.

4. Construction Site SWPPP.

5. Post-Construction SWPPP and design calculations (for water quality and detention design) that meet at least the minimum requirements of the applicable sections of this chapter and the CSGP.

6. Post-construction operation and maintenance manual (O&M Manual).

7. SWPPP and Post-Construction Stormwater BMP Owner Acknowledgement form that certifies that the property owner understands that the stormwater quality and/or quantity post-construction measure installed on the property is required to be operated and maintained per the submitted and approved Post-Construction O&M Manual for the property.

8. Drainage and maintenance easement documentation per Chapters 13.04 and 13.05.18.

9. A draft of IDEM’s Notice of Intent with proof of public notice.

D. The Construction Site SWPPP shall serve as a guideline for stormwater quality, but should not be interpreted to be the only basis for implementation of stormwater quality measures for a project site. The project site owner is responsible for implementing, per the CSGP, all measures necessary to adequately prevent polluted stormwater runoff.

E. The posting of the notice under C.8 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

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.22 Construction Stormwater Plan Review and Approval.

A. The County Engineer will determine the appropriate route of review and approval a stormwater construction plan takes per this chapter and subject to the direction, approval, or action of the County Commissioners.

B. The County Engineer, or designee, will review each application to determine its conformance with the requirements, provisions, and criteria enumerated, referenced, or attached to this chapter. The County Engineer, or designee, will follow the procedures outlined in Vanderburgh County’s Construction/Stormwater Pollution Prevention Plan Technical Review form. Upon review, the County 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.;” or

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 drainage approval or other County department or agency permits or approvals; or

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.

C. Assignment of responsibility for maintaining facilities serving more than one lot or holding shall be according to Chapter 13.04.460.

D. The applicant may be required to file with the County a letter of credit, or other improvement security in the amount deemed sufficient by the County to cover all costs of unfinished improvements until said improvements are completed.

E. If required, the letter of credit or other security will require periodic renewal since it must cover the cost of all unfinished infrastructure until said infrastructure has been properly constructed, inspected, and approved by the County Engineer or designee.

F. The initiation of construction activity at a project site following notification by the County Engineer that the stormwater construction plan for the site does not meet the requirements, or before receiving final drainage approval from the County Surveyor, constitutes a violation of this chapter subject to an enforcement action, penalty, or fine.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.23 Revision of Approved Construction Plans.

The requirements for construction plan content enumerated in this chapter are qualified by the following statements:

A. The County Engineer, or designee, may require, upon finding reasonable cause, the revision of a construction plan if it is determined that a modification or modifications are necessary to accomplish adequate control of the quantity or quality of stormwater runoff, per this chapter or with applicable federal, state, and local rules, from a project site due to site conditions or project specification changes identified, effected, or extant during or after plan review and approval.

B. If the County Engineer, or designee, requests a revised construction plan under this subsection, the project site owner must submit the revised plan to the appropriate entity or entities within twenty-one (21) calendar days of a request for plan revision.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.24 Project Site Owner Responsibilities.

After receiving Stormwater Construction Plan approval, the project site owner, operator, or agent shall meet the responsibilities in this section.

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 County Engineer, or designee, at least 48 hours before any land disturbance or discharges occur.

3. Receive approval for other building permits, drainage approvals, or County permits as required.

4. Ensure proper construction and installation of all stormwater measures in compliance with the approved submittal, this chapter, Chapter 13.04 Stormwater Drainage Control, the Indiana Stormwater Quality Manual, 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 ordinance, 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 County 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.

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 County Engineer, or designee, of final stabilization so the County 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.

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 (a) above 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, County 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.

4. The requirements stated herein are in addition to any other applicable requirements stated in section 13.04 of the Vanderburgh County Code.

C. Stormwater Facilities Monitoring and Maintenance.

1. Maintain the post-construction BMPs in good condition per the designed and approved specifications and O&M Manual. Any maintenance needs found must be addressed promptly by the owner.

2. Complete routine inspections and maintenance of the post-construction BMP. Maintenance plans and inspection forms for each type of acceptable BMP are provided in the O&M Manual and should be used as guidance for performing maintenance activities. Completed routine inspection forms must be maintained by the BMP owner and produced upon request by the County.

3. Vegetation shall be maintained regularly per design specifications.

4. Pest control measures shall be implemented to address insects, rodents, and other pests. Natural pest control is preferred over chemical treatments.

5. Mechanical measures shall be maintained regularly per the manufacturer’s recommendations.

6. Native vegetation plantings shall have “No Mow” or other appropriate signage.

7. Underground vaults and structures shall include design measures to facilitate regular cleaning and maintenance. Confined space entry procedures shall be followed.

8. Obtain approval from the County Engineer for alterations, revisions, or replacements of all post-construction BMPs. If the alterations or revisions affect the final drainage plan approved for the site, approval from the Vanderburgh County Drainage Board may also be required.

9. The County must be notified of any changes in BMP ownership, major repairs, or BMP failure in writing within 30 days.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.25 Requirements for Individual Lot Owners or Operators

A. An individual lot owner or operator shall be responsible for erosion and sediment control requirements associated with the activities on individual lots.

B. An individual lot operator/owner of a lot (less than or greater than one (1) acre) within a larger common plan of development or sale, is required to:

1. Submit all the documents identified in Vanderburgh County’s Individual Construction SWPPP Review form to the County Engineer at least ten (10) days before construction.

2. Develop a lot-specific Individual Construction SWPPP that includes all provisions in Vanderburgh County’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 C. below.

C. Final stabilization for individual lots (less than or greater than one (1) acre) within a larger common plan of development or sale, is achieved when the owner or 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 Commission to the homeowner, the homeowner is responsible to maintain the erosion and sediment control measures until final stabilization has occurred.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.26 Inspection Authority.

A. After the approval of the Stormwater Construction Plan or the Individual Construction SWPPP by the County Engineer or designee, and the commencement of construction activities, the County has the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this chapter and the terms and conditions of the approval.

B. The County has the authority to perform long-term inspections of all public or privately owned BMPs. The inspection will include but is not limited to, the physical conditions, available water quality storage capacity, and the operational condition of key BMP elements.

C. When any new stormwater BMP is installed on private property, or when any new connection is made between private property and a public storm sewer conveyance, sanitary sewer, or combined sewer, the property owner shall grant to the County the right to enter the property at reasonable times and in a reasonable manner for inspection. This includes the right to enter a property when it has a reasonable basis to believe that an infraction of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of an infraction of this chapter or other stormwater ordinances.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.27 County Inspections.

A. Construction activity inspections.

1. The County Engineer, or designee, may inspect, as required, the installation, implementation, and maintenance of erosion and sediment control measures at any project site involved in construction activities. The County Engineer, or designated agent, shall either approve that portion of the work completed or notify the permittee where the work fails to comply with the SWPPP as approved.

2. The county-approved Construction Stormwater Plan for grading, stripping, excavating, and filling work shall be maintained at the site during the progress of the work.

3. The applicant must notify the County in advance before the commencement of construction of stormwater BMPs.

B. Post-Construction BMP Inspections.

1. The inspection may be completed on any reasonable basis, including but not limited to, routine inspections, random inspections, inspections based upon complaints, or other notice of possible infractions of this chapter or Chapter 13.06 Illicit Discharge into Stormwater Collection System.

2. If deficiencies are found during the inspection, the County will notify the property owner per the enforcement measures identified in Section 13.05.27 and shall take all necessary measures to correct such deficiencies. If the owner fails to correct the deficiencies within the allowed time, as specified in writing, the County may pursue enforcement under this chapter and undertake the work and collect from the owner using lien rights if necessary.

3. If the County finds a BMP that requires maintenance or repair, the County will notify the property owner of the necessary maintenance or repairs and give the property owner a schedule for completing the maintenance or repairs. If the maintenance or repairs are not completed within the designated time, the County shall perform the repairs or maintenance and bill the property owner for the actual costs of the work.

C. The County Engineer, or designee, will investigate violations, alleged violations, and potential violations of the County Code of Ordinances to determine which person or persons may be responsible for violations. The County Engineer will, if appropriate, consider public records of ownership, building permits issued by local units of government, and other relevant information, which may include site inspection records, SWPPPs, NOIs, and other documents related to the site.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.28 Reserved.

(Ord. 09-24-009 § 1, added, 9/10/2024)

13.05.29 Enforcement.

A. The County Commissioners and the County Engineer, or designee, are authorized to enforce this chapter by assigning a deadline for corrective action, imposing a notice of violation, non-compliance citations, or a stop work order, and deploying employees or a contractor to complete corrective measures on a schedule to protect life or property from an eminent and severe threat of loss or damage.

B. Notice of Violation.

1. If the County Commissioners and the County Engineer, or designee determine that an applicant, property owner, project site owner, or other responsible person has failed to comply with the terms and conditions of a permit, an approved Stormwater Construction Plan, a recorded stormwater management maintenance agreement, or the provisions of this chapter, it shall issue a written Notice of Violation to such applicant, project site owner, or other responsible person and the property owner.

2. Where a person is engaged in an activity covered by this chapter without having first secured a permit, the notice of violation shall be served to the owner or the responsible person in charge of the activity being conducted on the site.

3. The notice of violation can be in the form of a citation ticket and/or a written letter that would contain detailed inspection findings, conclusions of law, disposition of warning or fines assessed, stipulated remedial actions as discussed with the responsible party representative, reasonable deadlines for those remedial actions, and the date of re-inspection.

C. Civil Penalties for Violations.

1. Any person who commits an offense under this chapter commits a civil infraction subject to a fine not to exceed $2,500 for each offense, plus costs, damages, and expenses. Each day such violation occurs or continues without a compliance action that is satisfactory to the County may be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this chapter.

2. Any person who aids or abets a person in a violation of this chapter shall be subject to the penalties provided in this section. The County has established an Enforcement Response Schedule as noted in the table below that standardizes the approach that the County may, at its discretion, employ in dealing with stormwater regulations offenses subject to this chapter. The Enforcement Response Schedule shall apply separately to each offense in the following manner: The first offense is the underlying violation itself, while the subsequent offenses (2 through 8, as necessary) are failures of compliance.

Enforcement Response Schedule
Offense #	Type of Response Anticipated
1st offense	Verbal Telephone Notice, Letter of Violation or Written Warning and Administrative Penalty
2nd offense	Letter of Violation, Administrative Penalty, and/or Site Visit
3rd offense	Letter of Violation, Administrative Penalty, and/or Site Visit
4th offense	Letter of Violation, Administrative Penalty, and/or Site Visit
5th offense	Agreed Order, Administrative Penalty, and/or Site Visit
6th offense	Administrative Order, Administrative Penalty, and/or Site Visit
7th offense	Compliance Schedule, Administrative Penalty, and/or Site Visit
8th offense	Litigation and Administrative Penalty

3. Likewise, to standardize the approach that the County may, in its discretion, employ in the imposition of administrative penalties, the County has established the following Schedule of Administrative Penalties. The penalty for the 1st offense would apply to the violation itself, while the subsequent penalties (2 through 4, as necessary) would apply to failures of compliance. At its discretion, the County may impose penalties up to the amount specified in the Schedule of Administrative Penalties.

Schedule of Administrative Penalties
Offense #	Penalty
1st offense	$250.00
2nd offense	$500.00
3rd offense	up to $1,000.00
4th offense and Subsequent Offenses	up to $2,500.00

D. Stop Work Order.

1. In addition to the penalties listed above, if land disturbance activities are conducted contrary to the provisions of this chapter or the approved Stormwater Construction Plan, the County may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such persons shall immediately stop such work until authorized by the County to proceed with the work.

2. A Stop Work Order will be posted on the site by the County and it is unlawful for any person to remove the notice or continue any work on the site without permission from the County. The County may also undertake or cause to be undertaken, any necessary or advisable protective measures to prevent violations of this chapter or to avoid or reduce the effects of noncompliance herewith.

3. The cost of any such protective measures shall be the responsibility of the owner of the property upon which the work is being done and the responsibility of any person carrying out or participating in the work. The County may bring an action under IC 34-28-5-1 (b), to be read together with IC 34-6-2-86(1)(B) and 13-21-3-12(4), to enforce a stop work order against any person who neglects or fails to comply with a stop work order.

4. For construction projects operating under an approved Construction Stormwater Plan and SWPPP, the County must notify the project site owner/operator in writing of inadequacies with erosion and sediment control measures at the project site before issuing a Stop Work Order. The project site owner/operator has 72 hours after receiving the written notice to resolve the identified inadequacies before a Stop Work Order can be issued.

5. A Stop Work Order may be issued to a project site owner/operator if project site activities create a public health, environmental, or safety hazard.

E. Withhold Certificate of Occupancy

The County may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or project site owner/operator has taken the remedial measures outlined in the notice of violation or has otherwise satisfied the requirements of this chapter as determined by the County.

F. Suspension or Revocation of the Stormwater Construction Plan Approval

The County may suspend or revoke an approved Stormwater Construction Plan for a project site when the applicant or project site owner/operator has not implemented the remedial actions identified in the notice of violation. A suspended or revoked approval may be reinstated after the applicant or project site owner/operator has undertaken remedial measures or has otherwise corrected the described violations.

G. Cost of Abatement of the Violation.

1. In addition to any other remedies, should any project site owner/operator fail to comply with the provisions of this chapter, the County may, after giving notice to the project site owner/operator and the opportunity for compliance, have the necessary work completed and be promptly reimbursed by the project site owner/operator for all costs of such work.

2. Nothing herein contained shall prevent the County from taking other lawful action necessary to prevent or remedy any violation. All associated costs shall accrue to the person or persons responsible. Costs include but are not limited to, repairs to the stormwater drainage system made necessary by the violation, as well as those penalties levied by the EPA or IDEM for violation of the County’s NPDES permit, administrative costs, attorney fees, court costs, and other costs and expenses associated with the enforcement of this chapter, including sampling and monitoring expenses.

3. If the amount due for abatement of the violation is not paid within a timely manner as determined by the decision of the County or by the expiration of the time in which to file an appeal, the County may commence a court action to recover the costs assessed under IC 34-28-5-1 (b), to be read together with IC 34-6-2-86(1)(B) and 13-21-3-12(4).

H. Appeal of Notice of Violation

1. 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 Commissioners the action or decision whereby any such provision was so applied. Such appeal shall identify the matter being appealed, and the basis for the appeal. The Commissioners shall consider the appeal and decide if it affirms, rejects, or modifies the action being appealed. In considering any such appeal, the Commissioners may consider the recommendations of the County Staff and the comments of other people who know the matter. In considering any such appeal, the Commissioners 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.

c. Any person who has appealed a violation to the Commissioners may appeal an adverse decision of the Commissioners to the Vanderburgh County court within 60 days of the Commissioners’ order, all under IC 36-1-6-9 (e) & (f).

I. Enforcement Measures After Appeal

If the violation has not been corrected according to the requirements in the Notice of Violation, or, in the event of an appeal, within 5 days of the decision of the Commissioners upholding the decision of the County, then representatives of the County shall enter upon the subject private property and are authorized to take any measures necessary to abate the violation and/or restore the property, including the commencing of court action under IC 34-28-5-1 (b), to be read together with IC 34-6-2-86(1)(B) and 13-21-3-12(4), to enforce the order of the Commissioners.

(Ord. 09-24-009 § 1, added, 9/10/2024)