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The town incorporates the Indiana Storm Water Quality Manual, current revision, identifying best management practices for any activity, operation or facility which may cause or contribute to pollution or contamination of storm water, the MS4, or waters of the United States. The owner or operator of a construction site shall provide, at the owner’s expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a SWPPP as necessary for compliance with requirements of the NPDES permit.
(Ord. 08-01, passed 4-7-2008)
(A) On areas that undergo new development or redevelopment, site construction resulting in disturbance of one acre or more total land area, post construction control measures in the form of structural and/or non-structural best management practices are required.
(B) Specifically, post construction storm water pollutant loading cannot exceed pre-construction pollutant loading. Post construction storm water best management practices (BMPs) shall follow the Indiana Storm Water Quality Manual, current revision, as a guidance document.
(C) The town shall have full technical and administrative approval authority on the application and design of all post construction BMPs, conditions, definitions and submittal requirements of the construction plan and specifications and related documents as defined in 327 I.A.C. 15-5-6.5(a)(8).
(Ord. 08-01, passed 4-7-2008)
(A) Enforcement of this subchapter shall be subject to the severity of the infraction and the construction site operator’s efforts to comply. The town shall reserve the right to interpret enforcement on a case by case basis.
(B) Tiered enforcement will be practiced at the department head’s discretion. The tiered enforcement may include:
(1) Verbal warning to the construction site operator to make corrections;
(2) Written warning to the construction site operator to make corrections within a specified period of time. The period of time shall take into account issues such as the severity of the problem, pending weather, seasonal conditions and the level of effort necessary to correct the problem;
(3) Warning of noncompliance with directions to the construction site operator that site conditions require immediate action; and
(4) Stop work order.
(C) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
(Ord. 08-01, passed 4-7-2008)
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this subchapter, if a person has violated or continues to violate the provisions of this subchapter, the Municipal Services Department may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(Ord. 08-01, passed 4-7-2008) Penalty, see § 52.99
In lieu of enforcement proceedings, penalties and remedies authorized by this subchapter, the Municipal Services Department may impose upon a violator alternative compensatory action, such as storm drain stenciling, attendance at compliance workshops, creek cleanup and the like.
(Ord. 08-01, passed 4-7-2008)
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