(A) Notice of violation/citation.
(1) If the Department determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved storm water management design plan, a recorded storm water management maintenance agreement, or the provisions of this chapter, it may issue a written notice of violation to such applicant or other responsible person and the owner of the property. Where a person is engaged in activity covered by this chapter without having first secured a permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.
(2) The notice of violation can be in the form of a citation ticket and/or a written letter that would contain detailed inspection findings, conclusions of law, disposition of warning or fines assessed, stipulated remedial actions as discussed with the responsible party representative, reasonable deadlines for those remedial actions, and the date of re-inspection.
(B) Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the Department may impose upon a violator alternative compensatory actions such as storm drain stenciling, attendance at compliance workshops, creek cleanup, public education, and the like.
(C) Civil penalties for violations.
(1) Any person who commits an offense under this chapter commits a civil infraction subject to a fine not to exceed $2,500 for each offense, plus costs, damages, and expenses. Each day such violation occurs or continues without a compliance action that is satisfactory to the Department may be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this subchapter are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this chapter.
(2) Any person who aids or abets a person in a violation of this chapter shall be subject to the penalties provided in this subchapter.
(3) The Department has established an enforcement response schedule as noted in the table below that standardizes the approach that the Department may, in its discretion, employ in dealing with storm water regulations offenses subject to this chapter and the associated technical standards document. When so employed, this schedule shall apply separately to each offense in the following manner: The first offense is the underlying violation itself, while the subsequent offenses two through eight (as necessary) are failures of compliance.
Offence # | Type of Response Anticipated |
Offence # | Type of Response Anticipated |
First offense | Verbal telephone notice, letter of violation or written warning and administrative penalty |
Second offense | Letter of violation, administrative penalty and/or site visit |
Third offense | Letter of violation, administrative penalty and/or site visit |
Fourth offense | Letter of violation, administrative penalty and/or site visit |
Fifth offense | Agreed order, administrative penalty and/or site visit |
Sixth offense | Administrative order, administrative penalty and/or site visit |
Seventh offense | Compliance schedule, administrative penalty and/or site visit |
Eighth offense | Litigation and administrative penalty |
(4) Likewise, in order to standardize the approach that the Department may, in its discretion, employ in the imposition of administrative penalties, the Department has established the following schedule of administrative penalties. Again, the penalty for the first offense would apply to the violation itself, while
the subsequent penalties two through four (as necessary) would apply to failures of compliance. In its discretion, the Department may impose penalties up to the amount specified in this schedule.
Offence # | Penalty |
First offense | $250 |
Second offense | $500 |
Third offense | $1,000 |
Fourth offense | $2,500 |
(D) Stop work order.
(1) In addition to the penalties listed above, if land disturbance activities are conducted contrary to the provisions of this chapter or accepted final storm water management plans, the Department may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the Department to proceed with the work. A stop work order will be posted on the site by the Department and it is unlawful for any person to remove the notice or continue any work on the site without permission from the Department. The Department may also undertake or cause to be undertaken, any necessary or advisable protective measures to prevent violations of this chapter or to avoid or reduce the effects of noncompliance herewith. The cost of any such protective measures shall be the responsibility of the owner of the property upon which the work is being done and the responsibility of any person carrying out or participating in the work.
(2) The Department may bring an action under I.C. 34-28-5-1(b), to be read together with I.C. 34-6-2-86(1)(B) and 13-21-3-12(4), to enforce a stop work order against any person who neglects or fails to comply with a stop work order.
(3) For construction projects that are operating under a SWPPP approved by the Department, if a stop work order is issued on the grounds that the erosion and sediment control measures included in the construction plan are not adequate, the project site owner must be notified in writing of the inadequacies in the erosion and sediment control measures and the project site owner has 72 hours after receiving written notice to resolve the identified inadequacies before the stop work order can take effect.
(4) The 72 hour period to resolve identified inadequacies on a construction project does not apply if the stop work order is issued to a construction project where the project site owner is creating a public health hazard or safety hazard.
(E) Withhold certificate of occupancy. The Department may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise satisfied the requirements of this chapter as determined by the Department.
(F) Suspension, revocation, or modification of permits. The Department may suspend, revoke, or modify any existing permit that the violator may also have been previously granted. A suspended, revoked, or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated upon such conditions as the Department may deem necessary to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
(G) Suspension of access to the storm water drainage system; emergency cease and desist orders.
(1) When the Department finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the Department may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to immediately comply with all chapter requirements and take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
(2) Any person notified of an emergency order directed to it under this subchapter shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the Department may commence court action against such person under I.C. 34-28-5-1(b), to be read together with I.C. 34-6-2-86(1)(B) and 13-21-3-12(4), to enforce a stop work order.
(3) The Department may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the Department that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this chapter. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the Department within five days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(H) Suspension due to illicit discharges in emergency situations. The Department may, without prior notice, suspend storm water drainage system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm water drainage system or waters of the state. If the violator fails to comply with a suspension order issued in an emergency, the Department may take such steps as deemed necessary to prevent or minimize damage to the storm water drainage system or waters of the state, or to minimize danger to persons.
(I) Suspension due to the detection of illicit discharge. Any person discharging to the storm water drainage system in violation of this chapter may have their storm water drainage system access terminated if such termination would abate or reduce an illicit discharge. The Department will notify a violator of the proposed termination of its storm water drainage system access. The violator may petition the Department for a reconsideration and hearing. A person commits an offense if the person reinstates storm water drainage system access to premises terminated pursuant to this subchapter, without the prior approval of the Department.
(Ord. 2023-11, passed 8-1-2023)