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(A) The intent of this chapter is to protect and enhance the water quality of our watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. §§ 1251 et seq.) and to also provide for the health, safety and general welfare of the citizens of the county, through the reduction of pollutants in storm water discharges and the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable. This chapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process and specifically meet the requirements of 327 I.A.C. 15-13.
(B) The objectives of this chapter are:
(1) To regulate pursuant to 327 I.A.C. 15-13 the contribution of pollutants to the municipal separate storm sewer system (MS4) by storm water discharges by any user;
(2) To prohibit illicit connections and discharges to the municipal separate storm sewer system;
(3) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter; and
(4) To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the storm drainage system.
(Ord. 2008-08, passed 5-5-2008)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASEMENT. A building substructure used for any type of storage or finished for use as living or entertainment quarters.
BEST MANAGEMENT PRACTICES (BMPS). Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters or storm water 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.
COUNTY. The employees or designees of the county designated to enforce this chapter.
CONCENTRATED FLOW. Any flow observable in an MS4 conveyance such as a pipe, gutter or swale.
CONTIGUITY. An entities proximity to a designated MS4 area in a way that it allows for direct discharges of storm water run-off into the regulated MS4 conveyance.
CONVEYANCE. Any structure which transfers storm water between at least two points. The term includes, but is not limited to, piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains and roadways.
CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY. Activities subject to NPDES construction permits. These include construction projects resulting in land disturbances of one acre or more, or from sites smaller than one acre if the construction activity is part of a larger plan of development or sale that disturbs one acre or more. The activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
CRAWL SPACE. A building substructure not meeting the above definition of a basement.
DISPOSAL. The discharge; deposit; injection; spilling; leaking; or placing of any solid waste or hazardous waste into or on any land or water so that the solid 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.
GARBAGE. All animal solid, vegetable solid and semisolid wastes resulting from the processing; handling; preparation; cooking; serving; or consumption of food or food materials.
FACILITY. Any building including private homes, structures, installations, processes or activities from which there is or may be a pollutant discharge.
HAZARDOUS MATERIALS. Any material, including any substance, waste or combination thereof, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
ILLEGAL DISCHARGE. Any direct or indirect non-storm water discharge to the storm drain system, except naturally occurring floatables, such as leaves or tree (shrub) limbs or as exempted in § 53.06(B).
ILLICIT CONNECTIONS. An illicit connection is defined as either of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to, any conveyances which allow any non-storm water or non pure ground water discharge including sewage, process wastewater and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains, basement sump pumps and sinks, regardless of whether the drain or connection had been previously allowed, permitted or approved by the county; or
(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent records and approved by the county.
ILLICIT DISCHARGE. See ILLEGAL DISCHARGE.
INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 40 C.F.R. § 122.26 (b)(14) and subject to 327 I.A.C. 15-6.
MOBILE CLEANING OPERATIONS or MOBILE WASHING. Power washing, steam cleaning, and any other method of mobile cosmetic cleaning, including, but not limited to, vehicles, fabric, pets and/or exterior surfaces, engaged in for commercial purposes or related to a commercial activity.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, catch basins, inlets, piped storm drains, culverts, pumping facilities, retention and detention basins, natural and human-made or altered drainage ditches/channels, reservoirs and other drainage structures.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by EPA (or by the state under authority delegated pursuant to 33 U.S.C. § 1342(b)) that authorizes the discharge of pollutants to the states watercourses, whether the permit is applicable on an individual, group or general area-wide basis.
NON-STORM WATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of storm water.
PERSON. Any individual, association, organization, partnership, firm, corporation, limited liability company or other entity recognized by law.
POLLUTANT. Anything that causes or contributes to pollution. POLLUTANTS may include, but are not limited to, paints, varnishes, solvents; oil and automotive fluids; non-hazardous liquid and solid wastes; yard wastes; refuse, rubbish, garbage, litter, floatables; pesticides; herbicides; and fertilizers; hazardous substances and wastes; sewage, effluent, fecal coliform, E. Coli 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.
POLLUTION. The presence in watercourse of any pollutant listed above or a substance listed with the U.S. EPA.
PREMISES. Any building, lot, parcel of land or portion of land whether improved or unimproved, and including adjacent sidewalks and parking strips.
RECEIVING WATER. Waters of the state including but not limited to Driftwood River, Flatrock River, Haw Creek, Wolf Creek, Denios Creek, East Fork White River, Clifty Creek and Sloan Branch. The term does not include private drains, retention and detention basins or constructed wetlands used as treatment.
SPILL. An unintentional release of solid or liquid material, which may cause pollution of the MS4 or its receiving waters.
STORM DRAINAGE SYSTEM. Also defined as MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4).
STORM WATER. Any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation and resulting from the precipitation.
STORM WATER POLLUTION PREVENTION PLAN (SWP3) or STORM WATER MANAGEMENT PLAN (SWMP). A document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, MS4 and/or receiving waters to the maximum extent practicable.
THREATENED DISCHARGE. A condition creating a substantial probability of a pollutant entering an MS4 or surface waters which may cause harm when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources.
WASTEWATER. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
WATERCOURSE. A natural or artificial channel through which water can flow.
(Ord. 2008-08, passed 5-5-2008)
This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the county unless explicitly exempted by § 53.06.
(Ord. 2008-08, passed 5-5-2008)
The county shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the county may be delegated in writing by the County Commissioners to persons or entities acting in the beneficial interest of or in the employ of the county.
(Ord. 2008-08, passed 5-5-2008)
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
(Ord. 2008-08, passed 5-5-2008)
(A) Prohibitions.
(1) No person shall discharge or cause to be discharged into the municipal separate storm sewer system (MS4) or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. Common storm water pollutants include, but are not limited to, paints, varnishes and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; trash, refuse, rubbish, garbage, food waste, litter or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; oil and grease; cleaning products; pesticides, herbicides and fertilizers; landscaping materials; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from construction activities including, but not limited to, painting, paving, concrete placement, sawcutting and grading; wastes and residues that result from mobile washing operations; discharges from toilets; sinks; industrial processes; cooling systems; boilers; fabric cleaning; equipment cleaning; commercial vehicle cleaning; substances added to the storm drain to control root growth and noxious or offensive matter of any kind.
(2) It shall be unlawful for any person to intentionally dump liquids or solids that are considered pollutants on the ground where there is potential exposure to rain or storm water and potential for the pollutant to reach the MS4 of the county.
(3) The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(4) No person owning or in control of any premises shall connect a line conveying sewage to the MS4 or allow such a connection to continue.
(5) It shall be unlawful to cause materials to be deposited in a manner or location as to constitute a threatened discharge into storm drains, gutters or other watercourses. Materials that are no longer contained in a pipe, tank or other container are considered to be threatened discharges unless they are actively being cleaned up.
(6) No person shall maliciously destroy or interfere with BMPs implemented to protect water quality.
(B) Exemptions. The following discharges are exempt from the discharge prohibitions established by this chapter when properly managed:
(1) Water line flushing or other potable water sources, landscape irrigation or lawn watering, irrigation return flows, diverted stream flows, rising ground water, uncontaminated ground water infiltration to storm drains (as defined by 40 C.F.R. § 35.2005(20)), uncontaminated pumped ground water, foundation or footing drains, crawl space pumps, air conditioning condensation, springs, individual residential car washing or car washing of less than two consecutive days in duration for charity or nonprofit fund raising, natural riparian habitat or wet-land flows, firefighting activities and any other water source not containing pollutants;
(2) Discharges approved by the authorized enforcement agency as being necessary to protect public health and safety, such as flows from firefighting;
(3) Dye testing, provided the person undertaking the testing provides verbal notification to the authorized enforcement agency 24 hours prior to the time of the test;
(4) The prohibitions set forth in § 53.06(A) shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver or waste discharge order issued and administered under the authority of the Federal Environmental Protection Agency; provided that, the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations and provided that written approval has been granted by the county for any discharge to the storm drain system; and
(5) The county may exempt in writing other non-storm water discharges which are not a source of pollutants to the MS4 or other watercourses.
(C) Requirements applicable to potential dischargers.
(1) Watercourse protection. Every person owning property through which a watercourse passes, or the person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately-owned structures within or adjacent to a watercourse, so that the structures will not become a hazard to the use, function or physical integrity of the watercourse.
(2) Minimization of landscaping irrigation runoff. A discharge of landscaping irrigation water that is of sufficient quantity to cause a concentrated flow in the municipal separate storm sewer system is prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site.
(3) Cleaning of paved surfaces required. The owner of any paved parking lot, street or drive shall clean the pavement as necessary to prevent the buildup and discharge of pollutants. The visible buildup on a paved service of mechanical fluid, waste materials, sediment or debris is a violation of this chapter. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping or other methods in compliance with this chapter.
(4) Mobile cleaning operations. Mobile cleaning operations shall not discharge to the municipal separate storm sewer system in violation of this chapter.
(5) Maintenance of equipment. Any leak or spill related to equipment maintenance in an outdoor, uncovered area shall be contained to prevent the potential release of pollutants.
(6) Reduction of leaking fluids. Vehicles, machinery and equipment must be maintained to reduce leaking fluids.
(7) Materials storage. In addition to other requirements of this chapter, materials such as, but not limited to, stockpiles used in construction and landscaping activities shall be stored to prevent the potential release of pollutants.
(8) Pet waste. Pet waste shall be disposed of as solid waste or sanitary sewage in a timely manner to prevent the discharge to the MS4.
(9) Pesticides, herbicides and fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Excessive application shall be avoided. Pesticides, herbicides and fertilizers shall be stored in a manner to prevent release to the MS4.
(Ord. 2008-08, passed 5-5-2008) Penalty, see § 53.99
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