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Words and phrases in this Article shall be construed according to their common and accepted meanings, except that words and phrases defined in §6-181, Definitions, shall be construed according to the respective definitions given in that section. Technical words and technical phrases that are not defined in this Article but which have acquired particular meanings in law or in technical usage shall be construed according to such meanings and as defined in 327 IAC 15-13 and 327 IAC 15-5 of the Indiana Code and other City of Carmel codes and ordinances.
(Ord. D-1794-06, 2-6-06)
The provisions of this Article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Article 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 Article.
(Ord. D-1794-06, 2-6-06)
The standards set forth herein and promulgated pursuant to this Article are minimum standards; therefore, this Article does not intend nor imply that compliance by any entity will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. The degree of protection required by this Article is considered reasonable for regulatory purposes. This Article shall not create liability on the part of City of Carmel or any officer, representative, or employee thereof, for any damage that may result from reliance on this Article or on any administrative decision lawfully made thereunder.
(Ord. D-1794-06, 2-6-06)
(a) Prohibition of illicit discharges.
(1) No entity shall discharge directly or indirectly or cause to be discharged into the storm drainage system, MS4, or receiving waters any materials, including but not limited to, pollutants or non-stormwater discharges that cause or contribute to a violation of applicable water quality standards, other than stormwater.
(2) The commencement, conduct or continuance of any illicit discharge to the storm drainage system, MS4, or receiving waters is prohibited except as described as follows:
a. The following discharges are exempt from the requirements of this section: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated – typically less than one PPM chlorine), firefighting activities, and any other water source not containing pollutants.
b. Discharges specified in writing by the City of Carmel as being necessary to protect public health and safety.
c. Dye testing is an allowable discharge, but requires a verbal notification to the City of Carmel prior to the time of the test.
d. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES stormwater discharge permit, waiver, or waste discharge order issued to the discharger 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, including this Article, and provided that written approval has been granted for any discharge to the storm drainage system, MS4, or receiving waters.
(b) Prohibition of illicit connections.
(1) The construction, use, maintenance, or continued existence of illicit connections is prohibited.
(2) 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.
(3) An entity is in violation of this Article if the entity makes an illicit connection or allows such a connection to continue after service of a notice of violation. This Article requires an immediate cessation of the illicit connection after service of the notice of violation.
(Ord. D-1794-06, 2-6-06)
(a) Improvement of watercourse. Whenever a residential subdivision or commercial development constructs improvements upon lands, which is traversed by a watercourse, the landowner/developer shall make improvements to said watercourse. These improvements shall consist of the following:
(1) All debris and obstructions within the channel (bank to bank) shall be removed. This shall include but not be limited to logjams and trash.
(2) Clear all trees which are dead and leaning at a 45 degree or greater angle or trees with roots that are exposed in the channel and potentially will fall into the stream. In clearing, the tree shall be cut flush with the ground and treated with an EPA-approved brush killer.
(3) All stream bank erosion shall be repaired in an acceptable manner approved by the City of Carmel.
(4) The above-required improvements must be reflected on the overall design plans for the development and submitted to the City of Carmel for prior approval.
(b) Maintenance of watercourse. Entities owning property through which a watercourse passes, or such an entity's lessee, shall keep and maintain that part of the watercourse in accordance with this Article and the City of Carmel Property Maintenance Code. In addition, the entity 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. The entity or lessee shall not place or construct a privately owned structure(s) or other impairment as defined in the City of Carmel Property Maintenance Code within or adjacent to the watercourse such that is an impairment or a detriment (as defined in the City of Carmel Property Maintenance Code) or in such a location that is in violation of the City of Carmel Property Maintenance Code.
(Ord. D-1794-06, 2-6-06)
Storage or stockpiling of pollutants within any floodplain district is strictly prohibited. Storage or stockpiling of pollutants on active construction sites must include adequate protection and/or containment so as to prevent any such materials from entering any temporary or permanent stormwater conveyance or watercourse.
(Ord. D-1794-06, 2-6-06)
(a) The City of Carmel shall be permitted to enter and inspect any premises subject to regulation under this Article or subject to the conditions of a NPDES stormwater discharge permit as often as may be necessary to determine compliance with this Article. If a said premise has security measures in force, which require proper identification and clearance before entry into its premise, the owner of said premise shall make the necessary arrangements to allow access to representatives of the City of Carmel.
(b) The City of Carmel shall be provided ready access to all parts of the premises for the purposes of inspection, sampling, examination and provided access to all records that must be kept under the conditions of a NPDES stormwater discharge permit or this Article and shall be permitted to make copies of said records, and the performance of any additional duties as defined by state and federal law and any other applicable codes, ordinances, or laws which would otherwise have jurisdiction over the provisions of this Article.
(c) Unreasonable delay or refusal to allow the City of Carmel access to a premise subject to regulation under this Article or subject to the conditions of a NPDES stormwater discharge permit is a violation of this Article.
(d) If the City of Carmel has been refused access to any part of the premise, and the City of Carmel is able to demonstrate probable cause to believe that there may be a violation of this Article, or that there is a need to inspect and/or sample any discharges as part of an inspection and sampling program developed to verify compliance with this Article or any order issued hereunder, and/or to protect the overall public health, safety, and welfare of the City of Carmel, then the City of Carmel may seek issuance of a search warrant from any court of competent jurisdiction.
(e) Any temporary or permanent obstruction to safe and easy access to the premise to be inspected and/or sampled shall be promptly removed by the owner of the premises at the written or oral request of the City of Carmel and shall not be replaced. The costs of clearing such access shall be borne by the owner of the premise.
(f) It shall be unlawful for the entity of any premise to refuse to allow the City of Carmel to enter upon the premise for the purposes set forth in § 6-202.
(Ord. D-1794-06, 2-6-06)
(a) The City of Carmel shall have the right to install on any premise, such devices as are necessary in the opinion of the City to conduct monitoring and/or sampling of the premise's discharge.
(b) The City of Carmel reserves the right to require the entity of said premise to install monitoring equipment as necessary. The premise's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the entity at the expense of the entity. Data resulting from said monitoring shall be provided to the City of Carmel. All devices used to measure flow and quality shall be calibrated to ensure their accuracy.
(Ord. D-1794-06, 2-6-06)
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