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ARTICLE 7. STORMWATER MANAGEMENT.
The purpose of this Article is to provide for the health, safety, and general welfare of the citizens of the City of Carmel through the regulation of non-stormwater discharges to the maximum extent practicable as required by federal and state law. This Article establishes methods for controlling the introduction of pollutants into the City of Carmel municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) program authorized by the 1972 amendments to the Clean Water Act, the Indiana Department of Environmental Management's Rule 13 (327 IAC 15-13), and the Indiana Department of Environmental Management's Rule 5 (327 IAC 15-5). The objectives of this Article are:
(a) To prohibit the release of pollutants to the MS4 from construction activity.
(b) To prohibit the release of pollutants to the MS4 from post construction runoff.
(c) To prohibit illicit discharges into the MS4.
(d) To establish legal authority to carry out all inspection, monitoring, and enforcement procedures necessary to ensure compliance with this Article.
(Ord. D-1794-06, 2-6-06)
For the purposes of this Article, the following shall mean:
Best Management Practices (BMPs). Structural or nonstructural practices, or a combination of practices, designed to act as effective, practicable means of minimizing the impacts of development and human activities on water quality. Traditional structural BMPs, including extended detention dry ponds, wet ponds, infiltration trenches, and sand filtration systems, are now common elements of most new development projects. Structural BMPs rely heavily on gravitational settling and/or the infiltration of soluble nutrients through a porous medium for pollutant removal. Nonstructural BMPs, which may be used independently or in conjunction with structural BMPs, rely on a much wider breadth of mechanisms to prevent or control non-point source pollution. Nonstructural BMPs range from programs that increase public awareness to prevent pollution, to the implementation of control-oriented techniques (such as bioretention and stormwater wetlands) that utilize vegetation to enhance pollutant removal and restore the infiltrative capacity of the landscape.
Clean Water Act (CWA). The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
Construction Activity. Activities subject to a stormwater management permit. These include construction projects resulting in land disturbance of ¼ acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. This term does not include routine ditch or road maintenance, minor landscaping projects, agricultural land disturbing activities, forest harvesting activities, or individual building lots within a larger permitted project.
Entity. An individual, association, organization, partnership, firm, corporation, or other person or group of persons recognized by law and acting as either the owner or as the owner's agent.
Illicit Connections. Either of the following:
(1) A stormwater conveyance system, which allows an illicit discharge to enter the storm drainage system or the MS4, including but not limited to any conveyances which allow any non-stormwater discharge and any connections to the storm drainage system, MS4, or receiving waters from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the City of Carmel or,
(2) Any conveyance connected from a commercial or industrial land use to the storm drainage system, MS4, or receiving water which has not been documented in plans, maps, or equivalent records and approved by the City of Carmel.
Illicit Discharge. A direct or indirect non-stormwater or pollutant discharge to the storm drainage system, MS4, or receiving waters except as exempted in § 6-190.
Industrial Activity. Activities subject to NPDES Industrial Permits as defined by 327 IAC 15-6-1:12 (Rule 6).
Inspecting Authority. A City of Carmel representative or any other person authorized by the City of Carmel to perform inspections.
Maximum Extent Practicable (MEP). The statutory standard that establishes the level of pollutant reductions that operators of regulated MS4s must achieve. The CWA requires that NPDES stormwater discharge permits for discharges from MS4s "shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods." This standard applies to all MS4s regulated under the Phase I and Phase II (Rule 13) stormwater rules. Compliance with the conditions of Rule 13 and the series of steps associated with implementation of the required six minimum control measures will satisfy the MEP standard. Compliance with the six minimum control measures requires the development and implementation of BMPs. Implementation of the BMPs includes not only the actions necessary to initiate and continue the use of specific control measures, but also, the enforcement actions, as applicable, to ensure that the implementation of the control measures occurs.
Measurable Storm Event. A precipitation event that results in a total measured precipitation accumulation equal to, or greater than, one-half inch of rainfall.
Municipal Separate Storm Sewer System (MS4). A stormwater conveyance system which is owned or operated by a state, city, town, county, tribe, district, association, or other public body or a designated and approved management agency under Section 208 of the Clean Water Act that discharges into waters of the United States (40 CFR 122.26(b)(8)).
National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit. A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
Non-Stormwater Discharge. Any discharge to the stormwater conveyance system that is not composed entirely of stormwater including, but not limited to: sewage, process wastewater, washwater, water containing pollutants, or any other liquid, other than uncontaminated stormwater, discharged from a facility.
Notice of Intent (NOI). A written notification indicating an entity's intention to comply with the terms of a specified general permit rule in lieu of applying for an individual NPDES stormwater discharge permit and includes information as required under 327 IAC 15-3 and the applicable general permit rule.
Pollutant. Anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes; yard wastes, including grass, brush, leaves, and limbs; 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; soil and sediments; and noxious or offensive matter of any kind.
Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
Receiving Waters. Watercourses or waters of the United States, or any body of water into which stormwater is discharged.
Storm Drainage System. A non-MS4 stormwater conveyance system that ultimately discharges to an MS4.
Stormwater Conveyance Systems. System of subsurface drainage systems, catch basins, and other drainage structures including retention and detention facilities, municipal streets, catch basins, curbs, gutters, roads with subsurface drainage systems, reservoirs, pumped piping systems, other drainage structures or watercourse.
Stormwater Pollution Prevention Plan (SWPPP). A document which describes the best management practices and activities to be implemented by an entity to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
Technical Review and Comment Form. A form issued by the City of Carmel stating the SWPPP is adequate or stating revisions needed in the SWPPP.
Trained Individual. An individual who is trained and experienced in the principles of stormwater quality, including erosion and sediment control as may be demonstrated by state registration, professional certification, experience, or completion of coursework that enable the individual to make judgments regarding stormwater quality control or treatment and monitoring.
Watercourse. As defined in the Carmel City Code.
Waters of the United States. A term used in federal regulations that defines all water bodies regulated as waters of the U.S. It includes:
(1) All waters which may be susceptible to use in interstate or foreign commerce;
(2) All interstate waters, including interstate wetlands;
(3) All other waters, such as intrastate lakes, rivers, streams (including intermittent streams), mud flats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds; the use, degradation, or destruction of which could affect interstate or foreign commerce including any such waters;
(4) All impoundments of waters otherwise defined as waters of the U.S.;
(5) Tributaries of waters identified in this section;
(6) The territorial seas;
(7) Wetlands adjacent to waters.
(Ord. D-1794-06, 2-6-06)
(a) This Article shall apply to all construction activity, direct or indirect stormwater discharges, and illicit discharges entering the storm drainage system, MS4, or receiving waters under the jurisdiction of the City of Carmel.
(b) The City of Carmel, by and through its Board of Public Works and Safety, has the authority to modify, grant exemptions, and/or waive any and all the requirements of this Article. A meeting with the City of Carmel Engineering Department may be requested by an entity to discuss the applicability of various provisions of the Article with regards to unique or unusual circumstances. However, any initial determination of such applicability shall not be binding on future determinations of the City of Carmel Engineering Department that may be based on the review of more detailed information and plans.
(Ord. D-1794-06, 2-6-06)
Any entity subject to an NPDES stormwater discharge permit shall comply with all provisions of such permit and the provisions of this Article if the provisions of this Article are more restrictive than the NPDES stormwater discharge permit. Proof of compliance with said permit and this Article may be required in a form acceptable to the City of Carmel prior to allowing discharges to the MS4.
(Ord. D-1794-06, 2-6-06)
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