Chapter 13.06 ILLICIT DISCHARGE INTO THE STORMWATER COLLECTION SYSTEM

This chapter is adopted per statutory authority granted to the Board of Commissioners of Vanderburgh County under “Home Rule” and is required by Phase II of the National Pollution Discharge Elimination System program (FR Doc. 99-29181) authorized by the 1972 amendments to the Clean Water Act and the Indiana Department of Environmental Management’s Municipal Separate Storm Sewer System General Permit (MS4GP). Based on this authority and these requirements, this chapter regulates discharges of prohibited non-stormwater flows into the stormwater drainage system.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.2 Purpose and Objectives.

The purpose of this Chapter is to provide for the health, safety, and general welfare of the citizens of Vanderburgh County, Indiana by regulating non-stormwater discharges to the MS4 to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants from illicit discharges and connections into the MS4 and the waters of the State of Indiana per the Clean Water Act and the Indiana Department of Environmental Management’s (IDEM) National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System General Permit (MS4GP).

The objectives of this Chapter are to:

Regulate the contribution of pollutants into the county’s municipal separate storm sewer system (MS4) by any user;

Prohibit illicit connections and discharges to the MS4;

Establish legal authority to conduct all inspections, surveillance, and monitoring necessary to ensure compliance with this Chapter.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.3 Definitions.

For this Chapter, the following definitions shall apply:

“Accidental Discharge” means a discharge prohibited by this Chapter that occurs by chance and without planning or consideration before occurrence.

“Authorized Enforcement Agency” means the employees or designees of the Board of Commissioners of Vanderburgh County addressing the enforcement of this chapter, including but not limited to, the County Engineering Department, Surveyor’s Office, and Sherriff’s Office.

“Best Management Practice” (BMP) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

“Board” means the Board of Commissioners of Vanderburgh County.

“Clean Water Act” means the Federal Water Pollution Control Act (33 U.S.C. 1251 et. seq.) and any subsequent amendments thereto.

“Construction Activity” means activities subject to NPDES Construction Stormwater General Permit (CSGP). They include construction projects resulting in land disturbance of one acre or more and construction activities encompassing less than one acre but part of a larger common development equaling greater than one acre. Such activities could include, but may not be limited to, clearing, grubbing, grading, excavating, and demolition.

“Conveyance” means any structural process for transferring stormwater between at least two points. This includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, and roadways.

“Dry Weather Screening” means field observations and field screening monitoring done to determine if there are sources of illicit discharges into the MS4. Dry weather is defined as a period where there has not been precipitation for three days.

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

“Groundwater” means 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.

“Hazardous Materials, Substances or Wastes” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, a substantial existing or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

“IDEM” refers to the Indiana Department of Environmental Management.

“Illegal Discharge” means any direct or indirect non-stormwater discharge to the MS4, except as exempted in § 13.06.10.

“Illicit Connection” is an illicit connection defined as either of the following:

1. Any drain or conveyance, whether surface or subsurface, which allows an illicit discharge to enter the MS4 including but not limited to any conveyances which allows any non-stormwater discharge including but not limited to, sewage, process wastewater, and wash water to enter the MS4 and any connections to the MS4 system from indoor drains and sinks; or

2. Any drain or conveyance connected from a commercial or industrial land use into the MS4 that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

“Illicit Discharge” means any discharge to an MS4 conveyance not composed entirely of stormwater, except naturally introduced floatables, such as leaves or tree limbs. Sources of illicit discharges 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 run-off, and household hazardous wastes.

“Industrial Activity” means activities subject to NPDES Industrial Permits as defined in 40 CFR 122.26 (b)(14).

“Maximum Extent Practicable” means a 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.

“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, manmade channels, or storm drains that are: owned or operated by Vanderburgh County that discharges into waters of the state; designed or used for collecting or conveying stormwater; not a combined sewer; and not part of a publicly owned treatment works as defined at 40 CFR 122.2.

“National Pollutant Discharge Elimination System (NPDES)” means a permit issued by the United States Environmental Protection Agency (USEPA) or the Indiana Department of Environmental Management (IDEM) that authorizes the discharge of pollutants into the waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

“Non-Stormwater Discharge” means any discharge to the MS4 not composed entirely of stormwater.

“Outfall” means a point source discharge via a conveyance of stormwater run-off into a receiving stream or other body of water.

“Person” means any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as the property owner or the owner’s agent.

“Point Source” means a discernible, confined, and discrete conveyance, including, but not limited to, a pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which pollutants are or may be discharged.

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

“Pollution” means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water as defined in Section 502(19) of the Clean Water Act (U.S.C. 1362).

“Premises” means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

“Receiving Water” 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.

“Stormwater” means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.

“USEPA” means the United States Environmental Protection Agency.

“Vanderburgh County” means the Board of Commissioners of Vanderburgh County or their duly authorized representative(s).

“Wastewater” means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

“Watercourse” means any river, stream, creek, brook, branch, natural or manmade drainage way in or into which stormwater runoff or floodwaters flow continuously or intermittently.

“Water Quality” is a term used to describe the chemical, physical, and biological characteristics of water, usually concerning its suitability for a particular purpose.

“Waters of the State” is a term used in state regulations that define regulated water bodies per IC 13-11-2-265, as amended from time to time.

“Waters of the United States” is a term used in federal regulations that define all water bodies regulated as waters of the U.S. as defined in 33 U.S.C. 1251 (40 CFR 120), as amended from time to time.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.4 Applicability.

This Chapter shall apply to all discharges, including illicit and illegal discharges, entering the MS4 of Vanderburgh County that were generated on any developed or undeveloped lands unless explicitly exempted by the authorized enforcement agency.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.5 Responsibility for Administration.

Vanderburgh County, through its Authorized Enforcement Agency, shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon any Vanderburgh County office as the authorized enforcement agency shall be delegated in writing by the Board to persons or entities acting in the beneficial interest or employed by the authorized enforcement agency.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.6 Minimum Standards.

The standards outlined in and promulgated under this Chapter are minimum standards established to comply with the NPDES permit issued to the County and to comply with the applicable requirements of the MS4 General Permit. However, nothing contained herein shall be construed to ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into the waters of the State.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.7 Interpretation.

Words and phrases in this chapter shall be interpreted according to their common and accepted meanings, except that words and phrases defined in § 13.06.3, shall be interpreted according to the respective definitions given in that section. Technical words and phrases that are not defined in this chapter, but which have acquired particular meanings in law or in technical usage shall be construed according to such meanings.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.8 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. 09-24-008 § 1, added, 9/10/2024)

13.06.9 Compatibility.

If any provision of this Chapter is inconsistent with any other law, regulation, statute, or ordinance; or results in the imposition of overlapping or contradictory regulations; or if this Chapter contains any restriction covering any of the same subject matter or another law, regulation, statute, or ordinance, the provision which is the most restrictive or imposes the highest standard or strictest requirement shall govern.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.10 Exempted Discharges and Connections.

Notwithstanding other requirements in this Chapter, the following categories of non-stormwater discharges or flows are exempted from the requirements of this Chapter:

Water line and hydrant flushing for maintenance;

Irrigation water;

Uncontaminated footing, foundation, and crawl space drains;

Excess storm sewer cleaning water not collected by a vacuum truck (uncontaminated)

Fire suppression activities;

Uncontaminated pumped groundwater;

Springs;

Residential car washing;

Non-commercial washing of vehicles by community organizations;

External building wash down, without detergents;

Dechlorinated/debrominated residential swimming pool discharges;

Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005 (20));

Pavement wash waters provided spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used;

Uncontaminated condensate from air conditioning units, coolers, and other compressors, and outside storage of refrigerated gases or liquids;

Non-stormwater discharges permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the USEPA or IDEM, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided that the permit, waiver, or order grants written approval for any discharge to the MS4. Proof of compliance with said permit, waiver, or waste discharge order may be required in a form acceptable to the authorized enforcement agency before allowing discharges to the MS4.

All exempted discharges and connections listed above must be done per all other applicable Vanderburgh County ordinances and state and/or federal laws and regulations.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.11 Prohibition of Illicit Connections and Discharges.

The construction, use, maintenance, or continued existence of illicit connections to the MS4 is prohibited. Point sources of pollution to the MS4, waterway, or county ditch are prohibited. A person shall violate this chapter if the person connects a line or pipe conveying sewage to the MS4 or allows such a connection to continue.

Any person responsible for any illicit discharge into the MS4 shall immediately discontinue the illicit discharge. Such person shall provide the authorized enforcement agency with written confirmation, in a form satisfactory to the authorized enforcement agency, that the illicit discharge has been discontinued.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.12 Prohibition of illegal discharges.

No person shall discharge or cause to be discharged into the MS4, waterbodies, or watercourses, directly or indirectly, any materials, including but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.13 Industrial or Construction Activity Discharges.

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such a permit. Proof of compliance with said permit may be required in a form acceptable to the authorized enforcement agency before allowing discharges to the MS4.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.14 Accidental Discharge; Notification of Spills.

Any person who operates, controls, or maintains a facility, premises, or property from which a spill occurs is responsible for notifying emergency response agencies and taking all necessary steps to ensure the discovery, containment, and cleanup of such release. This section is in addition to the procedures and requirements identified in the Indiana Spill Rule, 327 IAC 2-6.1.

Any person who accidentally discharges into the MS4 or a waterbody in an amount that could cause a threat to the public health, safety, or welfare of the citizens of Vanderburgh County or the environment, the person responsible for the discharge or his designee shall give notice of the accidental discharge to the authorized enforcement agency as soon as practicable. In no event shall this notice be more than two (2) hours after the discovery of the accidental discharge or when the responsible person becomes aware of the circumstances of the incident.

If an emergency response by government agencies is needed, the responsible person shall call 911 immediately to report the accidental discharge. Reports required by 327 IAC 2-6.1 shall be made within two (2) hours of discovery, and a written report shall be provided to the authorized enforcement agency within five (5) days of the time of the accidental discharge. The report shall contain the following information:

The name, title, telephone number, and business name (if applicable) of the person making the report, and the name, title, and telephone number of a person who may be contacted for additional information regarding the accidental discharge.

A description of the accidental discharge; this description shall include, but may not be limited to, the location, material discharged, the amount of material discharged, and the amount of material recovered.

The exact dates, time, and duration of the accidental discharge;

Steps being taken to eliminate and prevent the recurrence of the discharge;

The responsible person shall take all reasonable steps to minimize any adverse impact to the MS4 and/or Waters of the State.

The authorized enforcement agency assumes no liability for any improper reporting by a responsible person regarding an accidental discharge.

Reporting an accidental discharge as defined in this section does not relieve the responsible person from complying with all other reporting requirements as mandated by applicable laws and/or regulations.

A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this chapter against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs, or to obtain other relief because of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of this section and the Indiana Spill Rule (327 IAC 2-6.1). This requirement does not relieve a discharger from notifying other entities as required by state or federal regulations.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.15 Discharge Inspections and Monitoring.

A. Inspection and Monitoring.

The authorized enforcement agency has the authority to periodically inspect any portion of the MS4, whether publicly or privately owned, to detect and eliminate illicit connections and discharges into the MS4. The inspection may include dry weather screening of discharges from outfalls connected to the MS4 to determine if prohibited flows are being conveyed into the MS4. It could also include spot testing of waters contained in the MS4 to detect the introduction of pollutants into the MS4 by means other than a defined outfall, such as dumping or contaminated sheet runoff.

Access to Facilities.

1. The authorized enforcement agency, or a representative thereof, shall have the right of entry upon the property of any person subject to this Chapter to determine compliance with this chapter.

The authorized enforcement agency shall be provided access to all applicable parts of the premises for inspection, monitoring, sampling, inventory, records examination, and the performance of any other duties necessary to determine compliance with this Chapter.

Where a property, site, or facility has security measures in force that require proper identification and clearance before entry, the responsible person shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification, the authorized enforcement agency will be permitted to enter without delay.

Except in an emergency relating directly to the health, safety, and welfare of the public, the authorized enforcement agency shall enter onto a property only after reasonable notice to and consent by the responsible person. If such consent is refused, denied, or not promptly provided, the authorized enforcement agency may seek appropriate judicial orders to request such entry for the authorized enforcement agency.

Right of entry onto a property by the authorized enforcement agency shall include the right to erect upon the property such devices as are deemed necessary by the authorized enforcement agency to conduct sampling and/or metering of the stormwater discharge.

The authorized enforcement agency has the right to require the responsible Person to install stormwater monitoring equipment as needed to determine compliance with this Chapter. All sampling and monitoring equipment required shall always be maintained in a safe and proper operating condition at the expense of the responsible person. All required monitoring equipment must be calibrated to ensure its accuracy.

Any temporary or permanent obstruction to safe and easy access to the areas requiring inspection to determine compliance with this Chapter shall be removed promptly by the responsible person upon request by, and at no cost to, the authorized enforcement agency.

Unreasonable delays by the responsible person in allowing the authorized enforcement agency access to a property on which there is an apparent violation of this Chapter shall be considered a violation of this Chapter.

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

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.16 Requirement to Prevent, Control, and Reduce Stormwater Pollutants Using Best Management Practices.

The authorized enforcement agency is authorized to require dischargers to implement pollution prevention measures, utilizing best management practices (BMPs) necessary to prevent or reduce the discharge of pollutants into the MS4. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses using structural and nonstructural BMPs. Further, any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.17 Storage of Hazardous and Toxic Material.

Storage or stockpiling of hazardous or toxic material within any watercourse, or in its associated floodway or floodplain, is prohibited. Storage or stockpiling of hazardous or toxic material on a property must include adequate protection and/or containment to prevent any such materials from entering any temporary or permanent stormwater conveyance or watercourse.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.18 Watercourse Protection.

Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that would pollute, or contaminate the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.19 Enforcement.

It shall be unlawful for any person to violate or fail to comply with any provision of this chapter. Any person who has violated or continues to violate any provision of this chapter may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.

The Board may enforce any provisions of this chapter in any court of competent jurisdiction through the issuance of restraining orders, temporary or permanent injunctions, and other appropriate forms of remedy or relief.

Notice of Violation (NOV).

1. Whenever the authorized enforcement agency finds that any person has violated or is violating this Chapter or an order issued hereunder, the authorized enforcement agency may serve, by electronic mail, personal service, registered or certified mail, upon the said person a written NOV.

Such notice may require without limitation:

(a) The performance of monitoring, analyses, and reporting;

(b) The elimination of illicit connections or discharges;

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

(e) Payment of reimbursement expenses to cover administrative and remediation costs; and

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

Such notice of violation shall contain:

(a) The names and addresses of the owner and violator;

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

(d) A description of the remedial measures necessary to bring the illegal activity into compliance with this chapter and a schedule for the completion of such remedial action, which may include designating the violation requires immediate action of less than 24 hours;

(e) A statement that should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor, and the expense thereof shall be charged to the violator;

(f) A description of the remedial measures, if any, that were necessary to bring the illegal activity into compliance with this chapter that was already taken by the authorized enforcement agency, the cost thereof, and a statement that the violator shall be responsible for the remedial action already taken; and

(g) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is sent.

Within fifteen (15) days of the receipt of this NOV, or a shorter period as may be prescribed in the NOV, the person served the NOV must submit to the authorized enforcement agency a written explanation of the violation, and a plan for the satisfactory correction and prevention thereof, which shall include specific required actions needed to correct the violation. Submission of this plan shall not affect liability for violations of this Chapter.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.20 Appeal of Notice of Violation.

Any person receiving a Notice of Violation may appeal said notice. The appeal must be stated in writing and received by the Board within five (5) days of the date of the Notice of Violation. The Board shall hold a hearing on the appeal within thirty (30) days from the date of receipt of the appeal. The decision made by the Board upon completion of the hearing shall be final.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.21 Enforcement Measures after Appeal.

If an appeal is denied by the Board, the responsible person shall correct the illicit discharge per the terms of the Notice of Violation and/or any modifications to the Notice of Violation as determined during the appeal hearing. If the responsible person fails to correct the illicit discharge per the terms of the Notice of Violation and/or appeal hearing, the Board shall utilize all applicable provisions of this Chapter to eliminate the illicit discharge and assess the cost of eliminating the illicit discharge to the responsible person.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.22 Emergency Orders and Abatements.

The authorized enforcement agency may order the abatement of any discharge from any source to the MS4 when, in the opinion of the authorized enforcement agency, the illicit discharge causes or threatens to cause a condition that presents an imminent danger to the public health, safety, or welfare of the citizens of Vanderburgh County or the environment, or is a violation of an NPDES permit. If such emergencies occur and the responsible person is unavailable, or time constraints are such that service of a notice and order to abate cannot be completed without presenting an immediate danger to the public health, safety, or welfare or to the environment, the authorized enforcement agency may undertake the abatement of said threat or danger. The costs of any such action by the authorized enforcement agency may be recovered as defined herein.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.23 Civil Penalties.

Any person found to have violated any provision of this Chapter may be assessed a fine of up to $500.00 per violation per day, plus court costs, attorneys’ fees, damages, and expenses for a first offense. Each subsequent but separate violation of this Chapter may result in a fine of up to $2,500.00 per violation per day, plus court costs, attorneys’ fees, damages, and expenses. Each day such violation occurs or continues shall be deemed a separate offense and shall make the Person liable for the imposition of a fine for each day.

For purposes of this section, “subsequent offense” means a violation of the provisions of this Chapter committed by the same person within twelve (12) months of a previous violation of the same provision of this Chapter for which said person has admitted responsibility or was adjudicated to be responsible.

The rights and remedies provided for 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. Any person who aids or abets a person violating this Chapter shall also be subject to penalties provided in this section.

If penalties are assessed by the State of Indiana against Vanderburgh County because of a violation of this Chapter, the person responsible for such violation may be assessed a penalty in an amount equal to the penalty assessed against Vanderburgh County by the State.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.24 Cost Recovery.

If corrective action, including required maintenance, is not completed in the time specified or within a reasonable period, the Board may take the appropriate corrective action, and all costs of abatement or corrective action may be assessed against the responsible person. If these costs are not paid within ninety (90) days of the invoice, the Board may initiate all appropriate legal actions to enforce the claim.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.25 Civil Actions.

In addition to any other remedies provided in this Chapter, any violation of this Chapter may be enforced by civil action brought by the Board. Monies recovered under this subsection shall be paid to the Board to be used exclusively for costs associated with implementing or enforcing the provisions of this Chapter. In any such action, the Board may seek, as appropriate, any or all of the following remedies:

A temporary and/or permanent injunction;

Assessment to the responsible person for the costs of any investigation inspection, or monitoring survey which lead to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;

Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation of this Chapter; or

Compensatory damages for loss or destruction to water quality, wildlife, fish, and aquatic life.

(Ord. 09-24-008 § 1, added, 9/10/2024)

13.06.26 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 Board to seek cumulative remedies.

(Ord. 09-24-008 § 1, added, 9/10/2024)