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§ 151.22 STANDARDS FOR STORMWATER POLLUTION PREVENTION PLANS FOR LAND DISTURBANCES.
   (A)   Applicability and exemptions.
      (1)   The Town will require a SWPPP, which includes erosion and sediment control measures, pollution prevention practices and materials handling procedures, to be submitted as part of the construction plans and specifications. Any project located within the Town that involves land disturbance (with exception of divisions (A)(2) and (A)(3) below) shall comply with this section. Calculation of land disturbance should follow the guidelines contained in division (C) of this section. Land disturbance falls into one (1) of two (2) categories with differing requirements as follows:
         (a)   Land disturbances which are one (1) or more acres shall obtain coverage under IDEM's CSGP for construction activities and are subject to the requirement of this section. This section also applies to 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)   Land disturbances which are less than one (1) acre shall submit a SWPPP that at a minimum includes the following:
            1.   Installation and maintenance of appropriate perimeter control measures. These measures are to be installed prior to land disturbance and maintained until bare soils are permanently stabilized to at least seventy percent (70%) density of permanent perennial vegetated cover. Maintain existing vegetation when possible.
            2.   Installation of a temporary construction entrance/drive. Minimize sediment and soil discharge and tracking from the disturbed area. Clean-up sediment that is either tracked or washed on to roads or into stormwater conveyances (sewers, ditches, waterways, storm inlets, and the like). Cleaning surfaces shall not include flushing the area with water. Cleared sediment and soil must be collected and redistributed or disposed of in a manner that is compliant with all applicable statutes and rules.
            3.   Establish a concrete washout area to contain residual concrete and washout waters. Water collected from washout that does not harden or evaporate must be handled as wastewater.
            4.   Bare soils are to be stabilized in areas where work is complete, or where bare soils are to be inactive for more than seven (7) days. Utilize soil stabilization measures that are appropriate for the season.
            5.   Adjacent areas disturbed by an individual lot operator must be repaired and stabilized with temporary or permanent surface stabilization.
            6.   Install inlet protection at all stormwater inlets that receive runoff from disturbed areas. For inlets within a road or driving lane, inlet protection must be installed below the grate with an overflow or bypass so that ponding water does not cause unsafe driving conditions.
            7.   Where construction disturbs surfaces greater than 3H:1V slope or in areas of concentrated flow, establish permanent vegetation with erosion control blanket and seeding.
      (2)   The requirements under this chapter do not apply to the following activities:
         (a)   Agricultural land-disturbing activities, including tillage, planting, cultivation, or harvesting operations for the production of 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.
         (b)   Silvicultural activities associated with nonpoint discharges (40 CFR 122.27).
         (c)   Stormwater discharges associated with oil and gas exploration, production, processing or treatment operations, or transmission facilities (40 CFR 122.26).
         (d)   Ditch maintenance for activities performed on a regulated drain by a county drainage board as defined in I.C. 36-9-27.
         (e)   Single family residential with disturbance of less than five hundred (500) square feet.
      (3)   The requirements under this section do not apply to the following activities, provided other applicable state permits contain provisions requiring immediate implementation of soil erosion control and pollution prevention measures:
         (a)   Landfills that have been issued a certification of closure under 329 IAC 10.
         (b)   Coal mining activities permitted under I.C. 14-34.
         (c)   Municipal solid waste landfills that are accepting waste pursuant to 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.
      (4)   For an individual lot where land disturbance is expected to be one (1) acre or more, the individual lot owner must complete their own notice of intent (NOI) letter, obtain stormwater management plan approval, and ensure that a SWPPP is completed in accordance with the requirements of this chapter and other relevant ordinances.
      (5)   An individual lot with land disturbance less than one (1) acre, located within a larger permitted project site, is considered part of the larger permitted project site, and the individual lot operator must comply with the terms and conditions of the stormwater management plan approved for the larger project site. The stormwater management plan for the larger project site must include detailed erosion and sediment control measures for individual lots. The following general requirements apply to all individual building lots, where the individual lot operator/owner is working within a permitted project.
         (a)   All stormwater measures, including erosion and sediment control measures, necessary to comply with this permit must be implemented in accordance with the overall project construction plan
         (b)   Provisions for erosion and sediment control and project management on individual building lots regulated under the overall project site permit must ensure:
            1.   The individual lot operator (contractor/subcontractor), whether owning the property or acting as the agent of the individual lot owner, is responsible for erosion and sediment control requirements associated with activities on individual lots.
            2.   Installation and maintenance of a stable construction site access unless the site is to be accessed solely from impervious or similar non-erosive areas.
            3.   Installation and maintenance of appropriate erosion and sediment control measures prior to land disturbance.
            4.   Temporary stabilization is utilized on the building site, but not required during periods when accessibility to the building site is a necessity.
            5.   Sediment discharges and tracking from each lot is minimized until permanent stabilization has been achieved.
            6.   Sediment that is either tracked or discharged onto internal project site roads is removed by the end the same day. Clearing of sediment must not include flushing the area with water, unless authorized by the permittee of the overall project site and the sediment is directed to an appropriate on-site sediment control measure. Cleared sediment must be redistributed or disposed of in a manner that is compliant with all applicable statutes and rules.
            7.   Adjacent lots disturbed by an individual lot operator are required to be repaired and stabilized with permanent surface stabilization.
            8.   Construction and domestic waste must be managed to prevent the discharge of pollutants and windblown debris. When disposed of in waste containers (trash receptacles) the receptacle must be covered when not in use and at the end of the day. Waste that is not disposed of in trash receptacles must be removed at the end of the day from the site and disposed of properly.
            9.   Demolition waste must be managed to prevent windblown debris and to protect water quality.
            10.   Concrete washout areas provided by the permittee of the overall project site are utilized unless a leak-proof containment system is operated on the building lot, or special arrangements are made to properly dispose of the wash water. Concrete washout systems on individual lots must be properly installed and maintained. Wash water must be disposed of by the individual lot operator and is not allowed to discharge.
         (c)   For an individual residential lot to be considered stabilized according to the criteria in § 151.28, the individual lot operator must:
            1.   Complete final stabilization taking into account weather and season;
            2.   Initiate permanent seeding with appropriately crimped or tackified mulch cover, erosion control blanket, sod; or
            3.   Install appropriate and/or ensure functional erosion and sediment control measures are in place on the individual lot. Upon issuance of the certificate of occupancy and concurrence of the homeowner, the homeowner is responsible to maintain the sediment control measures until final stabilization has occurred.
      (6)   It will be the responsibility of the project site owner to obtain stormwater management plan approval and ensure that a sufficient construction plan is completed and submitted to the Town in accordance with the requirements of this section and other relevant ordinances. It will be the responsibility of the project site owner to ensure compliance with this section during the construction activity and implementation of the construction plan, and to notify the Town with a sufficient NOT letter upon completion of the project and stabilization of the site. However, all persons engaging in construction and land disturbing activities must comply with the requirements of this section.
      (7)   For land disturbing projects owned or operated by the Town, construction plans must be submitted to the Development Services Department and County SWCD for review and approval.
   (B)   Policy on stormwater pollution prevention. Effective stormwater pollution prevention on construction sites is dependent on a combination of preventing movement of soil from its original position (erosion control), intercepting displaced soil prior to entering a waterbody (sediment control), and proper on-site materials handling and pollution prevention practices. The developer must submit to the Town a SWPPP with detailed erosion and sediment control plans as well as a narrative describing materials handling and storage, and construction sequencing. The following principles apply to all land-disturbing activities and should be considered in the preparation of a stormwater pollution prevention plan within the Town.
      (1)   Minimize the potential for erosion by designing a development that fits the topography and soils of the site. Deep cuts and fills in areas with steep slopes should be avoided whenever possible, and natural contours should be followed as closely as possible.
      (2)   Existing natural buffers that are adjacent to waters of the state to promote infiltration and provide protection of the water resource shall be preserved, unless infeasible. Activities performed by a county drainage board under I.C. 36-9-27 are excluded.
      (3)   Natural buffers must be preserved, including the entire buffer bordering and/or surrounding the water resource. Buffers:
         (a)   Fifty (50) feet or more in width must be preserved to a minimum of fifty (50) feet.
         (b)   Less than fifty (50) feet in width must be preserved in their entirety.
         (c)   May be enhanced with vegetation that is native and promotes ecological improvement and sustainability.
         (d)   Runoff directed to the natural buffer must be:
            1.   Treated with appropriate erosion and sediment control measures prior to discharging to the buffer.
            2.   Managed with appropriate runoff control measures to prevent erosion from occurring within the buffer area.
         (e)   Further information regarding buffer requirements is contained in IDEM's "Implementation of Buffers" guidance document.
      (4)   Unvegetated or vegetated areas with less than seventy percent (70%) cover that are scheduled or likely to be left inactive for seven (7) days or more must be temporarily or permanently stabilized with measures appropriate for the season to reduce erosion potential. Alternative measures to site stabilization may be acceptable if the project site owner or their representative can demonstrate they have implemented and maintained erosion and sediment control measures adequate to prevent sediment discharge from the inactive area. Vegetated areas with a density of less than seventy percent (70%) shall be restabilized using appropriate methods to minimize the erosion potential.
      (5)   All practices on a site should be conducted in a logical sequence so that the smallest practical area of land will be exposed for the shortest practical period during land disturbing activities.
      (6)   The length and steepness of designed slopes should be minimized to reduce erosion potential. Drainage channels and swales must be designed and adequately protected so that their final gradients and resultant velocities will not cause erosion in the receiving channel or at the outlet. Guidance for determining acceptable velocities and energy dissipation is provided in HEC-14.
      (7)   Sediment basins, where feasible, must withdraw water from the surface of the water column.
      (8)   Basin slopes must be stabilized upon achieving design grades to eliminate sediment inflow from the measure itself.
      (9)   The outfall of a basin must be stabilized and non-erosive within twenty-four (24) hours of installation of the basin outlet.
      (10)   Pipe outlets discharging from the project site must be provided with temporary or permanent energy dissipation within twenty-four (24) hours of discharging runoff.
      (11)   Sediment-laden water which otherwise would flow from the project site shall be treated by erosion and sediment control measures appropriate to minimize sedimentation.
      (12)   A stable construction site access shall be provided at all points of construction traffic ingress and egress to the project site.
      (13)   Stormwater runoff leaving a project site must be discharged in a manner that is consistent with applicable state or federal law.
      (14)   Appropriate measures shall be implemented to prevent wastes or unused building materials, including garbage, debris, packaging material, fuels and petroleum products, hazardous materials or wastes, cleaning wastes, wastewater, concrete truck washout, port-a-let waste, and other substances from being carried from a project site by runoff or wind. Identification of areas where concrete truck washout is permissible must be clearly posted at appropriate areas of the site. Wastes and unused building materials shall be managed and disposed of in accordance with all applicable state statutes and regulations. Proper storage and handling of materials such as fuels or hazardous wastes, and spill prevention and cleanup measures shall be implemented to minimize the potential for pollutants to contaminate surface or groundwater or degrade soil quality.
      (15)   Public or private roadways shall be kept cleared of accumulated sediment that is a result of runoff or tracking. Bulk clearing of accumulated sediment shall not include flushing the area with water. Cleared sediment shall be redistributed or disposed of in a manner that is in accordance with all applicable statutes and regulations.
      (16)   Natural features, including wetlands and sinkholes, shall be protected from pollutants associated with stormwater runoff.
      (17)   Ground water from the dewatering of excavations, trenches, foundations, etc. must not be discharged when:
         (a)   Sediment and ground water is not first directed to an appropriate stormwater quality measure or a series of control measures that minimize the discharge of the sediment.
         (b)   A visible sheen and/or pollutants are present at a level that requires additional treatment and/or an individual permit from IDEM.
      (18)   Fertilizer applications associated with the stabilization plan for the project must meet the following requirements:
         (a)   Apply fertilizer at a rate and amount as determined by a soil analysis or in accordance with the Indiana Stormwater Quality Manual or similar guidance documents.
         (b)   Apply fertilizer at an appropriate time of year for the project location, taking into consideration proximity to a waterbody, and preferably timed to coincide with the period of maximum vegetative uptake and growth.
         (c)   Avoid applying fertilizer before rainfall events that could result in the discharge of nutrients.
      (19)   Soil compaction is to be minimized, especially in areas where permanent vegetation will be re-established and/or areas that are designated to infiltrate stormwater for the post-construction phase.
      (20)   Topsoil is to be preserved, unless infeasible.
      (21)   Generation of dust shall be minimized through dust suppression techniques to prevent deposition into waters of the state.
      (22)   The use of anionic polymers (cationic polymers are not authorized for use) on the project site are authorized for sediment control provided their use is in conformance with current State of Indiana standards and specifications. The use of the polymers requires notification to IDEM and the Town.
      (23)   Required postings.
         (a)   The project site owner shall post a notice near the main entrance of the project site. For linear projects sites, such as a pipeline or highway, the notice must be placed in a publicly accessible location near the project field office. The notice must be maintained in a legible condition and contain the following information:
            1.   Copy of the completed IDEM NOI and the CSGP number issued by IDEM, where applicable.
            2.   Name, company name, telephone number, e-mail address (if available), and address of the project site owner or a local contact person.
            3.   Location of the construction plan.
         (b)   This permit and posting of the notice 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 site.
      (24)   All stormwater quality measures must be designed and installed under the guidance of a trained individual (refer to definitions section or according to the requirements of the CSGP).
      (25)   Certified professionals shall be utilized for activities associated with the development and design of the SWPPP, stormwater measure implementation, and stormwater project management.
      (26)   Personnel associated with the project must be informed of the terms and conditions of this permit and the requirements within the SWPPP. The permittee is required to document this process. Information must be provided through training, preconstruction meetings, written notification, contracts, or other means that effectively communicates the provisions and requirements of the permit and SWPPP. Personnel include, but are not limited to:
         (a)   General contractors, construction management firms, grading or excavating contractors, trade industry representatives (i.e., concrete industry), and utility contractors associated with the overall project.
         (b)   Contractors or individual lot operators that have primary oversight on individual building lots.
         (c)   Those responsible for the implementation of the SWPPP, and the installation, repair, and maintenance of stormwater measures.
         (d)   Those responsible for the application and storage of treatment chemicals.
         (e)   Those responsible for administering inspections.
   (C)   Calculations and design standards and specifications.
      (1)   In calculating the total area of land disturbance, for the purposes of determining applicability of this section to the project, the following guidelines should be used:
         (a)   Off-site construction activities that provide services (for example, road extensions, sewer, water, and other utilities) to a land disturbing project site, must be considered as a part of the total land disturbance calculation for the project site, when the activity is under the control of the project site owner.
         (b)   Strip developments will be considered as one (1) project site and must comply with this chapter unless the total combined disturbance on all individual lots is less than one (1) acre and is not part of a larger common plan of development or sale.
         (c)   To determine if multi-lot project sites are regulated by this chapter, 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:
            1.   A single-family residential project site where the lot(s) is one-half (0.5) acre or more in total size, as one-half (0.5) acre of land disturbance.
            2.   A single-family residential project site where the lot(s) is less than one-half (0.5) acre in size, as the actual lot size.
            3.   All other types of project sites, such as industrial and commercial project sites, as a minimum of one (1) acre for all lots regardless of size.
      (2)   The calculation methods as well as the type, sizing, and placement of all stormwater pollution prevention measures for construction sites shall meet the design criteria, standards, and specifications outlined in the Indiana Stormwater Quality Manual and the Town of Brownsburg Construction Standards.
   (D)   Submittal requirements. For those projects meeting the requirements of this section, a construction stormwater pollution prevention plan is required in addition to the submittal requirements listed in § 151.20. This plan must include the following information:
      (1)   IDEM NOI form along with the information required by the NOI form.
      (2)   Proof of publication in a newspaper of general circulation, in the affected area, that notified the public that a construction activity is to commence. The publication must include language required by the CSGP.
      (3)   Construction plans and SWPPP shall contain the information required by the CSGP. SWPPP figures shall also contain the following:
         (a)   Contour lines with maximum one (1) foot contour interval.
         (b)   Stormwater infrastructure and facilities.
         (c)   Open conveyances.
         (d)   Flood routing path and ponding locations in accordance with § 151.21(I).
      (4)   SWPPP sequencing shall consider various phases of construction activities and may require more than one (1) SWPPP plan sheet. Possible phases of construction include initial clearing, earth moving activities, hauling of borrow or fill soils, current site conditions, installation of infrastructure, final stabilization, off-site work associated with the project, etc.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
§ 151.23 STORMWATER QUALITY MANAGEMENT FOR POST-CONSTRUCTION.
   (A)   Applicability and exemptions.
      (1)   The stormwater application must include post-construction stormwater quality measures. These measures are incorporated as a permanent feature into the site plan and are left in place following completion of construction activities to continuously treat stormwater runoff from the stabilized site. Any project located within the Town that includes clearing, grading, excavation, and other land disturbing activities, resulting in the disturbance of one (1) acre or more of total land area, is subject to the requirements of this section. This includes land 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.
      (2)   The requirements under this section do not apply to the following activities:
         (a)   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.
         (b)   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.
         (c)   Residential developments consisting of four (4) or fewer lots where the proposed impervious surfaces are ten percent (10%) or less of the project acreage. Impervious is determined by the sum of all infrastructure (roads, paths, parking, etc.) and the average projects hard surfaces associated with all building lots within the project.
         (d)   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.
      (3)   It will be the responsibility of the project site owner to ensure proper construction and installation of all stormwater BMPs in compliance with this chapter and with the approved stormwater management plan, and to notify the Town with a sufficient NOT letter upon completion of the project and stabilization of the site. However, all eventual property owners of stormwater quality facilities meeting the applicability requirements must comply with the requirements of this chapter and this section.
   (B)   Policy on stormwater quality management.
      (1)   BMPs must be implemented for the management of total suspended solids (TSS) including floatables. BMP systems or treatment trains shall have at least one (1) component of the system providing floatable control. Position BMPs outside right-of-way and not more than fourteen (14) feet from a concrete or paved area for vac-truck and maintenance vehicle access.
      (2)   The project site owner must submit to the Town a SWPPP that would show placement of appropriate BMPs designed, constructed, and maintained.
      (3)   For ease of maintenance and to reduce the frequency of pond dredging, all detention/retention facilities (including underground detention) shall have an upstream BMP installed for each inlet pipe, to collect sediments, debris, floatables, and other material prior to entering the detention/retention facility. Forebays are not acceptable.
      (4)   Fueling areas must install appropriate practices to reduce lead, copper, zinc, and polyaromatic hydrocarbons in stormwater runoff. These requirements will apply to all new facilities and existing facilities that replace their fuel tanks.
      (5)   Infiltration practices will not be allowed in wellhead protection areas. Discharges will not be allowed directly into sinkholes or fractured bedrock, without treatment that results in the discharge meeting Indiana groundwater quality standards as referenced in 327 IAC 2-11.
      (6)   Any stormwater practice that is a Class V injection well must ensure that the discharge from such practices meets Indiana groundwater quality standards as referenced in 327 IAC 2-11.
   (C)   Calculations and design standards and specifications.
      (1)   Calculation of land disturbance should follow the guidelines contained in § 151.22(C).
      (2)   The target TSS removal rate is eighty percent (80%). For the purposes of this requirement, TSS is defined as particles smaller than one hundred twenty-five (125) microns in diameter.
      (3)   There are two (2) methods for calculating the required size of a BMP. The first method calculates the water quality volume to be treated, which applies to detention-based BMPs. The second method calculates the water quality peak flow rate to be treated, which applies to filtration processes and mechanical-type BMPs such as hydrodynamic devices.
      (4)   The appropriate stormwater quality volume (WQv) and/or stormwater quality flow rate (Qwq) generated from a qualifying site shall be adequately treated before discharge. Traditional structural BMPs are presumed to comply with the eighty percent (80%) TSS removal rate if BMPs are:
         (a)   Sized to capture the prescribed water quality volume or flow rate, as applicable;
         (b)   Designed according to the specific performance criteria outlined in Appendix D of the Hendricks County Stormwater Technical Standard Manual or the Indiana Stormwater Quality Manual;
         (c)   Constructed properly; and
         (d)   Maintained regularly.
      (5)   Mechanical-type BMPs must be approved by the Town and meet ASTM standard methods for verifying performance and must be certified by a professional engineer. The BMP must meet the eighty percent (80%) TSS removal rate and floatable control without resuspension of particles at the design water quality flow rate resulting from a one inch (1-inch) rainfall depth. Testing of the TSS removal rate must be conducted by an independent testing facility rather than by the manufacturer.
      (6)   Water quality volume (WQv) - The WQv is the storage needed to capture and treat the runoff from the first one inch (1-inch) of rainfall. A twenty-four (24) to forty (40) hour emptying time must be used for the release of the WQv, with no more than fifty percent (50%) of the water quality volume being released in the first twelve (12) hours. The WQv is equivalent to one inch (1-inch) of rainfall multiplied by the volumetric runoff coefficient (Rv) and the site area. The volume of runoff is directly related to the amount of impervious cover at the site and is calculated using the following equation.
 
WQv =    PRVA  
       12
 
where:
WQv = water quality volume (acre-feet, ac-ft)
P = rainfall depth (inches, in) = 1 inch
Rv = volumetric runoff coefficient — see the following equation
A = site area (acres)
 
Rv = 0.05 + 0.009 I
 
where:
Rv = volumetric runoff coefficient
I =percentage of impervious cover (%)
      (7)   Water quality flow rate (Qwq) - The Qwq is needed to size BMP devices designed to treat runoff at a peak design flow rate through the system. The rational method in conjunction with a rainfall intensity will be used to calculate the Qwq in cfs. This method relies on an intensity that is one-half (0.5) of the two-year (2-yr) (50% chance/year) storm intensity from the intensity-duration-frequency curve along with the percent of impervious cover to identify the appropriate runoff coefficient for the proposed land use.
Step 1 – Using the percent of impervious cover, calculate the corresponding runoff coefficient for land use using the following equation:
 
C = 0.858 ic3 - 0.78 ic2 + 0.774 ic + 0.04
 
where:
C = Runoff Coefficient for Land Use
ic = Percent of Impervious Cover (%/100)
Step 2 – Calculate the site time of concentration in minutes (Tc) and area in acres (A).
Step 3 – Using the time of concentration (Tc), define the peak intensity (in inches/hour) of the two-year (2-yr.) (50% chance/year) storm event utilizing the intensity-duration-frequency curve (shown in table form) from the NOAA Point Precipitation Frequency Estimates which can be found at https:// hdsc.nws.noaa.gov/pfds/pfds_map_cont.html?bkmrk=in. Interpolation may be necessary for times of concentration between given values.
Step 4 – To meet the design specification, divide the intensity determined in Step 3 by two (2) to identify one-half (0.5) of the two-year (2-yr) (50% chance/year) storm intensity.
Step 5 – Use the Rational Method equation shown utilizing the previously calculated values to calculate Qwq.
 
Qwq = C x p x A
 
where:
Qwq = Water Quality Flow Rate (cfs)
C = Runoff Coefficient for Land Use
p = one-half (0.5) of the two-year (2-yr) (50% chance/year) storm intensity (inches/hour)
A = Area (acres)
   (D)   Easement requirements. All stormwater quality management systems, including detention or retention basins, filter strips, pocket wetlands, in-line filters, infiltration systems, conveyance systems, structures and appurtenances are to be located outside of the right-of-way and shall be incorporated into permanent easements as listed in § 151.21(J).
   (E)   Submittal requirements. A post-construction stormwater pollution prevention plan is required in addition to the submittal requirements listed in § 151.20. This plan must include the following information:
      (1)   A description of potential pollutant generating sources and a list of pollutants from the proposed land use that may reasonably be expected to contribute pollutants to stormwater discharges.
      (2)   A description of stormwater quality and stormwater management measures that will be installed to address post-construction sources that are expected to generate pollutants in stormwater discharges after construction activities have been completed. The measures selected should achieve, at a minimum, the following objectives:
         (a)   Stormwater quality measures that target pollutants of concern and are designed to remove or minimize pollutants from stormwater runoff that is associated with the final land use.
         (b)   Stormwater quality measures that will be implemented to prevent or minimize adverse impacts to aquatic resources including, but not limited to, wetlands, streams, karst features, and riparian habitats.
         (c)   Stormwater management measures that will address the potential impacts of increased runoff from the project. Measures must be designed and approved according to this permit or where applicable local requirements and drainage ordinances. A certified professional must approve that the design meets the applicable requirement(s).
         (d)   Measures, including structural and those based on low impact development principles, selected to address the pollutant(s) of concern, reduction of peak flows, and ability to infiltrate.
         (e)   Protective measures that will be implemented during active construction when the type of post-construction measure(s) planned are susceptible to pollutants, specifically sediment that may be generated during land-disturbing activities.
         (f)   Measures that will prevent or minimize adverse impacts to stream and riparian habitat.
      (3)   The location, dimensions, detailed specifications, and construction details of all post-construction stormwater quality and stormwater management measures.
      (4)   A sequence describing when each post-construction stormwater measure will be installed in relation to project construction.
      (5)   An O&M manual shall be provided in accordance with § 151.29. This O&M manual must be signed and provided to future parties who will assume responsibility for the operation and long-term maintenance of the post-construction stormwater measures.
      (6)   Calculations demonstrating the required water quality treatment volume or water quality treatment rate for post-construction stormwater quality measures.
      (7)   A sequence describing when each post-construction stormwater quality measure will be installed.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
§ 151.24 RESERVED.
§ 151.25 STORAGE OF POLLUTANTS.
   Storage or stockpiling of pollutants within any floodplain is strictly prohibited. Storage or stockpiling of pollutants on active construction sites must include adequate protection and/or containment to prevent any such materials from entering any temporary or permanent stormwater conveyance or watercourse.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24) Penalty, see § 151.99
§ 151.26 REQUIRED ASSURANCES.
   (A)   Performance bonds.
      (1)   Applicant shall provide financial performance assurance in the form of a performance bond, certified check, irrevocable letter of credit, or certificate of deposit after receiving an approved secondary plat. Assurance shall be made out to the Town of Brownsburg for an amount equal to one hundred and ten percent (110%) of the total costs of implementing measures required by this chapter. A cost estimate prepared by the design engineer is to be submitted and approved by the Town.
      (2)   Said performance bond shall guarantee a good faith execution of the stormwater quantity and quality management plans, stormwater pollution prevention plan, and any other conditions of plan approval (collectively known as the stormwater
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management plan). Said costs shall be for the installation and continuous installation, monitoring, and maintenance of stormwater infrastructure, temporary and permanent sediment and erosion control measures, detention/retention facilities and other water quantity BMPs, and stormwater quality BMPs, as regulated under this chapter. The intent of this performance bond is not only to complete the installation of stormwater infrastructure for the project, but also to ensure that adequate stormwater pollution prevention measures are properly installed and maintained.
      (3)   Performance bonds shall be kept current until the project receives final approval from the Development Services Department. Delinquent performance bonds or other assurances will result in penalties and corrective actions as defined in § 151.90 and § 151.91.
      (4)   Should the owner/applicant fail to comply with the provisions of this chapter, in addition to any other remedies the Development Services Department may redeem the performance bond to complete all necessary work, after giving reasonable notice and opportunity for compliance as defined in § 151.90.
      (5)   Upon completion of the required stormwater infrastructure, temporary and permanent sediment and erosion control measures, detention/retention facilities and other water quantity BMPs, and stormwater quality BMPs according to the recorded secondary plat and approved stormwater management plan, the applicant shall provide the Development Services Department with "as-built" plans. The applicant may then request the release of the performance bond. Upon satisfaction of all performance requirements, and issuance of NOT, the Development Services Department will release the performance bond within sixty (60) days.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
§ 151.27 CONSTRUCTION MAINTENANCE AND INSPECTION.
   (A)   Responsibility of maintenance and inspection.
      (1)   Stormwater quality facilities shall be maintained by the project site owner in good condition, in accordance with the operation and maintenance procedures and schedules recommended by the manufacturer of the BMP or listed in the Indiana Stormwater Quality Manual or the Hendricks County Stormwater Technical Standards Manual Appendix D and the terms and conditions of the approved stormwater management plan, and shall not be subsequently altered, revised, or replaced except in accordance with the approved stormwater management plan, or in accordance with approved amendments or revisions to the stormwater management plan.
      (2)   The 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, in accordance with this chapter, all measures necessary to adequately prevent polluted stormwater runoff.
      (3)   The project site owner shall inform all general contractors, construction management firms, grading or excavating contractors, utility contractors, and the contractors that have primary oversight on individual building lots of the terms and conditions of this chapter and the conditions and standards of the SWPPP and the schedule for proposed implementation.
      (4)   Construction project sites will be prioritized based on the nature and extent of the construction activity, topography and the characteristics of soils and receiving water quality.
      (5)   If after a recommendation is provided to the project site owner, corrective action is not taken, the Town will pursue enforcement in accordance with this chapter.
   (B)   Inspection by the Town.
      (1)   The Town has the authority to assess inspection fees according to an established fee schedule and conduct inspections of the site to ensure full compliance with the provisions of this chapter, and the terms and conditions of the approved development plan/SWPPP.
      (2)   Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in stormwater control facilities; and evaluating the condition of stormwater control facilities and other BMPs.
      (3)   The Town reserves the right to perform inspections and provide recommendations to evaluate the installation, implementation and maintenance of stormwater management and sediment and erosion control measures at any project site involved in land disturbing activities.
   (C)   Self-inspections.
      (1)   A SMP must be implemented by the project site owner to ensure the SWPPP is working effectively.
      (2)   A trained individual shall perform a written evaluation of the project site at the following times:
         (a)   By the end of the next business day following each measurable storm event (excludes accumulated snow events); which is defined as a precipitation accumulation equal to, or greater than, one-half (0.50) inch of rainfall. If no rain event occurs within the work week a minimum of one inspection must occur.
         (b)   When there is failure to implement the SWPPP or initiate corrective action, the SMP must be administered in accordance with division (C)(2)(a) above. However, the frequency to conduct an evaluation must be based on a one-quarter (0.25) inch of rainfall.
         (c)   At a minimum of one (1) time per month for areas within the project which are stabilized with permanent vegetative cover at seventy percent (70%) density. Prior to reducing the monitoring to monthly, records must identify the area and the date the area became eligible for monthly monitoring. Weekly monitoring as identified in divisions (C)(2)(a) and (b) above must resume if one (1) or more of the following occurs:
            1.   The vegetative cover fails or there is evidence of erosion in the identified area.
            2.   IDEM or the Town requires monitoring to resume.
   (D)   Inspections by the trained individual shall be conducted until the entire site has been stabilized and the site passes a final inspection by the Development Services Department. The trained individual should look at the maintenance of existing stormwater pollution prevention measures, including erosion and sediment control measures, drainage structures, and construction materials storage/containment facilities, to ensure they are functioning properly. The trained individual should also identify additional measures, beyond those originally identified in the stormwater pollution prevention plan, necessary to remain in compliance with all applicable statutes and regulations.
   (E)   Written evaluations shall include the following:
      (1)   Name of the individual performing the evaluation.
      (2)   Date of the evaluation.
      (3)   Location of the inspection.
      (4)   Type of inspection completed (routine, rainfall event, enforcement action follow-up, etc.).
      (5)   Amount of precipitation when the evaluation is conducted after a measurable storm event. Recorded rainfall may be documented utilizing an on-site rain gauge or storm event information from a weather station that is representative of the project location.
      (6)   Any violations or problems identified at the project site.
      (7)   Observations of project performance in relation to:
         (a)   Implementation of the stormwater pollution prevention plan.
         (b)   Assessment of existing stormwater measures based on industry standards and to ensure each measure is operational and functioning properly.
         (c)   Additional measures necessary in the event an existing measure fails or is not present in the landscape
         (d)   Impacts including, but not limited to, sediment discharges, erosion, discharges that results in bank erosion, and operational activities that have the potential to generate pollutants and unauthorized discharges.
      (8)   Documentation of an actual discharge that is visible during the assessment, the location of the discharge and a visual description of the discharge. The visual description includes, but is not limited to, color (turbidity reading is an option), odor, floatables, settled/suspended solids, foam, oil sheen, and any other visible sign that may be attributed to operations occurring on the project site.
      (9)   Detail of corrective action recommended and/or completed. Corrective action includes, but is not limited to:
         (a)   Repairing, modifying, or replacing any stormwater management measure.
         (b)   Clean-up and proper disposal of spills, releases, or other deposits.
         (c)   Remedying a permit violation.
         (d)   Taking reasonable steps to remediate, minimize or prevent the discharge of pollutants associated with the construction activity until a permanent corrective solution is initiated.
         (e)   Restoring an impacted area and/or removing accumulated sediment, provided appropriate permission and permits are obtained to conduct the activity.
      (10)   A timeline for which the corrective action will occur to remediate the discharge of pollutants. The established corrective action, at a minimum, must occur:
         (a)   On the day the deficiency was discovered or when it is not practical to initiate on the discovery date, no later than the following workday for the repair of a measure.
         (b)   Within seven (7) days of discovery for the installation of a new measure or replacement of an existing measure unless a shorter period is required as part of a regulatory inspection. The inspecting authority may also allow additional time to take corrective action.
      (11)   Documentation of corrective action taken from the previous self-monitoring report.
      (12)   Signature of inspector.
   (F)   Although self-monitoring reports do not need to be submitted to the Town, the Town has the right to request complete records of maintenance and monitoring activities involving stormwater pollution prevention measures. All evaluation reports for the project site must be made available to the Town, in an organized fashion, within forty-eight (48) hours of the request.
   (G)   Regular construction inspections shall be required until the IDEM NOT is completed and the site passes a final inspection by the Development Services Department. A passing inspection shall be defined as an inspection in which the site meets stabilization requirements, all permanent stormwater management facilities and sediment and erosion control measures are installed, maintained, and operating in accordance with the approved stormwater management plan, and no other violations are observed.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
§ 151.28 PROJECT TERMINATION.
   (A)   Certification of as-built drawings.
      (1)   After completion of construction of the project, but before final site inspection and acceptance, the applicant shall submit professionally prepared and certified "as-built" drawings in accordance with the Town's requirements for digital and hard copy as-builts. The drawings shall indicate the "as-built" details of all site improvements relevant to the completed stormwater management system and management facilities, including the following:
         (a)   Pipe size, length, material, and inverts.
         (b)   Structure location, size, and material.
         (c)   Casting type, size, and top of rim elevation.
         (d)   Ditch/swale locations, flowline elevations, and cross sections.
         (e)   BMP type, dimensions, boundaries/easements, and relevant elevations.
         (f)   "As-planted" plans for BMPs, as applicable.
         (g)   Post-construction survey, indicating detention/retention basin bottom elevation, normal pool elevation, and one hundred-year (100-yr.) (1% chance/year) elevation.
         (h)   Emergency overflow spillway and flood routing path configuration, dimensions, flowline/invert elevations, and cross sections.
         (i)   Data and calculations showing "as-built" detention/retention basin storage volume and "as-built" BMP treatment capacity, signed and certified by a professional engineer or land surveyor licensed in the State of Indiana.
         (j)   Any other "as-built" information required or requested by the Development Services Department.
   (B)   Certification of completion and compliance.
      (1)   A certification of completion and compliance shall be completed that certifies the following:
         (a)   The designer is familiar with the stormwater management requirements applicable to such land alteration (as set forth in this chapter).
         (b)   The designer has personally inspected the completed work.
         (c)   All improvements were installed as shown on the "as-built" plans and in conformance with the approved stormwater management plan. Statement shall be signed and certified by a professional engineer or land surveyor licensed in the State of Indiana.
      (2)   Any exceptions or deletions to the project shall be clearly outlined.
   (C)   Notice of construction termination.
      (1)   The project site owner shall plan an orderly and timely termination of the construction activities, including the implementation of stormwater quality measures that are to remain on the project site.
      (2)   The project site owner, or a representative thereof, shall submit an IDEM NOT form to the Town upon project termination once the following requirements are met:
         (a)   All land disturbing activities, including construction on all building lots, have been completed.
         (b)   Final stabilization of the entire site has been completed. Final stabilization is when:
            1.   All land-disturbing activities have been completed and a uniform (evenly distributed, without large bare areas) perennial vegetative cover with a density of seventy percent (70%) has been established on all unpaved tillable areas, and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed. This requirement does not apply to:
               a.    Landscaping that is part of the final project plan is considered stable when the plan has been fully implemented and areas not being vegetated are stable with a non-erosive material and/or product.
               b.    Projects or specific stormwater measures that utilize native vegetation and/or special vegetative plantings that are either required by a water quality permit/authorization or part of the design and functionality of a stormwater measure provided the activity does not pose a threat that will result in off-site sedimentation.
               c.    Projects on land used for agricultural purposes when:
                  i.    Stabilization is completed as land-disturbance progresses. Land that is returned to agricultural production must be temporarily or permanently seeded upon completing land-disturbing activities. Stabilization requirements may be waived by the inspecting authority if the project site does not pose a threat of discharging sediment.
                  ii.    Disturbed areas, not previously used for agricultural production, such as filter strips, must be returned to their pre land disturbance use.
               d.    Specific projects, due to function and/or operation may necessitate that an area remain disturbed. Only the minimum operational area is allowed to remain disturbed. This option primarily applies to off-road recreational commercial operations but may apply to other land use types upon determination by the regulating entity.
         (c)   All permanent BMPs and stormwater quality measures have been implemented and are operational. BMPs shall be cleaned, including the removal of accumulated solids, sediments, and debris, just prior to construction termination.
         (d)   Temporary erosion and sediment control measures have been removed.
      (3)   The NOT must be submitted to the Town within two (2) weeks of project termination and contain a statement(s) verifying that each of these conditions have been met.
      (4)   The Town or a representative thereof may inspect the project site to confirm the information provided in the NOT. Once the applicant receives verification of acceptable construction termination and site stabilization from the Development Services Department, the applicant must forward a copy of the NOT to IDEM.
      (5)   The applicant may apply for release of performance bonds in accordance with § 151.26(A)(5).
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
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