Loading...
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)
Any entity responsible for a premise, which is, or may be, the source of an illicit discharge shall provide, at their own expense, reasonable protection from an illicit discharge through the use of acceptable best management practices (BMPs), as determined by the City of Carmel. Acceptable BMPs are outlined in the City of Carmel Stormwater Technical Standards Manual. This shall include any premise having an approved NPDES stormwater discharge permit.
(Ord. D-1794-06, 2-6-06)
(a) Any entity who knowingly or accidentally causes an illicit discharge shall immediately notify emergency dispatch services. A written report concerning the illicit discharge shall be filed with the City of Carmel Engineering Department, by the dischargers, within five days. The written report shall specify:
(1) The composition of the discharge and the cause thereof;
(2) The date, time, and estimated volume of the discharge;
(3) All measures taken to remedy the illicit discharge, and all measures proposed to be taken to prevent any recurrence;
(4) The name and telephone number of the entity making the report, and the name and telephone number of the entity who may be contacted for additional information on the matter.
(b) A properly reported illicit discharge shall be an affirmative defense to a civil infraction proceeding brought under this Article against an entity for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief because of or arising out of the illicit discharge. An illicit discharge shall be considered properly reported only if the entity complies with all the requirements of this section. This requirement does not relieve the entity from notifying other agencies as required by state or federal regulations.
(Ord. D-1794-06, 2-6-06)
Filling of the land in the floodplain of a regulated drain or any natural stream or watercourse, that has a contributing drainage area of 25 acres or more, located within the City of Carmel is prohibited. The use of the floodplain area for detention/retention ponds or lakes is also prohibited. Floodplain boundaries are to be determined by using the 100-year base flood elevation (BFE) as shown on the flood insurance rate maps (FIRM) of the Federal Emergency Management Agency (FEMA) and the Hamilton County one-foot topographic data available on the Hamilton County GIS webpage.
(a) If during the process of using the BFE and the one-foot topographic data it is determined that the FIRM is incorrect, then a letter of map revision (LOMR) to correct the FIRM is to be filed with FEMA. No filling of the floodplain, either the floodplain shown on the FIRM or the floodplain determined by the floodplain study, whichever is more conservative, will be allowed until an approved copy of the LOMR is provided to the City of Carmel.
(b) If a FIRM does not establish a 100-year BFE for a regulated drain, natural stream, or natural watercourse, the 100-year BFE shall be established through a site specific floodplain study performed by a professional engineer registered in the State of Indiana in accordance with the IDNR Hydraulic Modeling Guidelines.
(1) If the drainage area for the floodplain study is greater then one square mile at the farthest downstream point of the study, then the floodplain study must be submitted to IDNR - Division of Water for approval and to the City of Carmel for review and comment. A copy of the final study, approved by IDNR - Division of Water, must be submitted to the City of Carmel as part of the project requiring the study to be completed.
(2) If the drainage area for the floodplain study is less then one square mile at the farthest downstream point of the study, then the floodplain study must be submitted to the City of Carmel for review and approval. The City of Carmel will have the option to send the floodplain study to a consulting engineering firm for review and comment, should the accuracy of the floodplain study be in question. The cost of the consulting engineering firm's time will be the responsibility of the owner of the project and will need to be consented to in a written agreement prior to any review of the floodplain study by the consulting engineer.
(c) The requirements of the section do not apply to the following:
(1) Agricultural uses such as crop production, pastures, orchards, tree farms, planting nurseries, vineyards, and general farming.
(2) Forestry, wildlife areas and nature preserves.
(3) County, city, or township parks.
(4) Public streets, bridges, and roadways, as long as the crossing structure are properly sized to convey the natural stream or watercourse and not raise the 100-year BFE.
(5) Regional detention basins approved by the City of Carmel.
(Ord. D-1794-06, 2-6-06)
Loading...