(A) The Board of Commissioners of Boone County, State of Indiana, on April 21, 1997 adopted Ordinance No. 97-6 which established "Boone County Ordinance #97-6: Storm Drainage, Erosion and Sediment Control", commonly known as the "Boone County Drainage Code", in order to govern the control of runoff of stormwater and to protect, conserve and promote the orderly development of the land in Boone County and its water resources. This code was primarily targeted at stormwater discharge quantity, and erosion and sediment control.
(B) On December 8, 1999, Phase II of the National Pollutant Discharge Elimination System (NPDES) permit program, was published in the Federal Register. The NPDES program, as authorized by the 1972 amendments to the Clean Water Act, controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Phase II of NPDES requires permit coverage for stormwater discharges from regulated small municipal separate storm sewer systems (MS4s) and for small construction activity that results in the disturbance of equal to or greater than one acre. This federal regulation went into affect March 10, 2003. In response to Phase II of NPDES, the Indiana Department of Environmental Management enacted Rule 13 (327 I.A.C. 15-13) and revised Rule 5 (327 I.A.C. 15-5).
(C) Under these new state and federal regulations, Boone County Drainage Board and/or Boone County Surveyor is required to establish a regulatory mechanism for regulating stormwater quality management. Therefore, the "Boone County Drainage Board and/or Boone County Surveyor Drainage Code" was replaced with this chapter to include stormwater quality in addition to quantity.
(Ord. 2004-20, passed 12-13-2004)