§ 53.22 RESPONSIBILITY FOR IMPLEMENTATION.

   A project site owner shall be identified for all projects that require the submission of a Stormwater Pollution Prevention Plan (SWP3) and a construction permit per § 53.11(A).

   (A)   The project site owner has the following responsibilities:

      (1)   Ensure that a sufficient Stormwater Pollution Prevention Plan (SWP3) is completed, submitted and approved by the Department of Stormwater Management (DSM). The approved SWP3 shall include the placement of appropriate Best Management Practices (BMPs), designed, constructed and maintained, from a pre-approved list specified in the City Utilities Design Standards Manual.

      (2)   Complete a stormwater permit application, along with a sufficient construction plan, and submit to the DSM in accordance with §§ 53.10 through 53.15.

      (3)   With the approved stormwater management permit, ensure proper construction and installation of all stormwater BMPs in compliance with the technical standards adopted by the BSM.

      (4)   Notify the Indiana Department of Environmental Management (IDEM) with a Notice of Termination (NOT) letter upon completion of the project and stabilization of the site. A copy of the Notice of Termination (NOT) letter must be submitted to the DSM.

   (B)   The project site owner must submit to the DSM a Storm Water Pollution Prevention Plan (SWP3) that addresses the requirements of IDEM’s Construction Stormwater General Permit (IDEM CSGP) and shows the placement of appropriate BMPs from a pre-approved list of BMPs specified in the City Utilities Design Standards Manual developed and approved by the Fort Wayne Board of Stormwater Management. The selected and approved BMPs must be designed, constructed, and maintained according to guidelines provided or referenced in the City Utilities Design Standards Manual.

   (C)   Practices other than those specified in the pre-approved list may be utilized. However, the applicant shall be required to prove, to the satisfaction of the plan review staff employed by the Department of Stormwater Management for the City of Fort Wayne, that the performance and maintenance of such practices will be according to guidelines provided in the City Utilities Design Standards Manual.

   (D)   It shall be the responsibility of the project site owner to complete a stormwater permit application and to ensure that a sufficient construction plan is completed and submitted to the Department of Stormwater Management in accordance with §§ 53.10 through 53.15 of this Chapter. It will be the responsibility of the project site owner to ensure proper construction and installation of all stormwater BMPs in compliance with this Chapter with the design standards adopted by the Board of Stormwater Management for the City of Fort Wayne, and with the approved stormwater management permit. The project site owner shall notify the Department of Stormwater Management for the City of Fort Wayne upon completion of the project and stabilization of the site with a sufficient Notice of Termination letter. However, all owners of property including stormwater quality facilities meeting the applicability requirements must comply with the requirements of this Chapter.

(Ord. G-11-07, passed 4-10-07; Am. Ord. G-17-24, passed 7-9-24)

§ 53.23 CALCULATIONS, DESIGN STANDARDS AND SPECIFICATIONS.

   Calculation of land disturbance should follow the guidelines discussed in § 53.13 and the City Utilities Design Standards Manual adopted by the Board of Stormwater Management.

   The calculation methods as well as the type, sizing, and placement of all stormwater quality management measures, or BMPs, shall meet the design criteria, standards, and specifications outlined in the City Utilities Design Standards Manual adopted by the Fort Wayne Board of Stormwater Management. The methods and procedures included in these references are in keeping with the above stated policy and meet the requirements of MS4 General Permit.

(Ord. G-11-07, passed 4-10-07; Am. Ord. G-17-24, passed 7-9-24)

INSPECTION, MAINTENANCE AND REPORTING

§ 53.30 INSPECTION, MAINTENANCE AND REPORTING.

   (A)   Upon the approval of the SWP3 and the issuance of all other required permits and approvals by the DSM the following shall occur during the period of construction activities:

      (1)   The BSM, or its designee, shall have the authority to conduct inspections of the site to ensure full compliance with the provisions of this chapter, the design standards and technical specifications by the BSM and the terms and conditions of the approved SWP3.

      (2)   A self-monitoring program shall be implemented by the project site owner to ensure the stormwater pollution prevention plan is working effectively. The program must include the following:

         (a)   A trained individual shall perform an inspection and prepare a written evaluation of the project site:

            1.   By the end of the next business day following each 0.5 inch of rain; and

            2.   At a minimum of one time per week.

         (b)   The evaluation must:

            1.   Address the maintenance of existing stormwater quality measures to ensure they are functioning properly; and

            2.   Identify additional measures necessary to remain in compliance with all applicable laws and ordinances.

         (c)   Written evaluation reports must include:

            1.   The name of the individual performing the evaluation;

            2.   The date of the evaluation;

            3.   Problems identified at the project site; and

            4.   Details of corrective actions recommended and completed.

         (d)   All evaluation reports for the project site must be made available to the inspecting authority within 48 hours of a request.

         (e)   Sites that are issued a Notice of Violation (NOV) for non-compliance with an approved SWP3 will be charged for time spent on each re-inspection until the site is brought into compliance in accordance with the table set forth in § 53.63.

   (B)   Upon completion of the construction activities the following shall occur perpetually in accordance with the SWP3 regardless of site usage and land ownership:

      (1)   All constructed stormwater quality facilities shall be maintained by the property owner, or per agreements on file with the DSM, and be in good condition and in accordance with the approved SWP3 operation and maintenance procedures and schedules and the BSM approved technical standards.

      (2)   The approved stormwater quality facilities shall not be subsequently altered, revised or replaced except in accordance with the approved SWP3 or in accordance with DSM approved amendments or revisions to the SWP3.

      (3)   The BSM, or its designee, shall have the authority to conduct inspections of the site and the installed BMPs to ensure full compliance with the provisions of this chapter, the design standards and technical specifications approved by the BSM and terms and conditions of the SWP3. Fees for such inspections shall be charged in accordance with the table set forth in § 53.63.

(Ord. G-11-07, passed 4-10-07; Am. Ord. G-28-22, passed 12-13-22; Am. Ord. G-17-24, passed 7-9-24)

PROHIBITED DISCHARGES AND CONNECTIONS

§ 53.40 PURPOSE AND INTENT.

   The purpose of this section is to provide for the health, safety and general welfare of Fort Wayne, Indiana through the regulation of nonstormwater discharges to the municipal separate storm sewer system and to establish the legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Chapter.

(Ord. G-11-07, passed 4-10-07)

§ 53.41 APPLICABILITY AND EXEMPTIONS.

   This Chapter shall apply to all discharges, including illegal dumping, entering the stormwater drainage system under the control of the Board of Stormwater Management for the City of Fort Wayne. These discharges include flows from direct connections to the stormwater drainage system, illegal dumping, and contaminated runoff.

   This section shall not apply to the following categories of nonstormwater discharges or flows which are exempted from the requirements of this Chapter per 40 CFR 122.26(d)(2)(iv)(B)(1) and may be discharged into the separate storm sewer system so long as the appropriate tap, connection or discharge permits have been secured, if needed:

   (A)   Water line flushing;

   (B)   Landscape irrigation or lawn watering;

   (C)   Diverted stream flows;

   (D)   Rising ground waters;

   (E)   Uncontaminated groundwater infiltration;

   (F)   Uncontaminated pumped ground water;

   (G)   Discharges from potable water sources;

   (H)   Foundation, footing drains or crawl space pump discharge;

   (I)   Air conditioning condensation;

   (J)   Irrigation water;

   (K)   Springs;

   (L)   Individual residential car washing;

   (M)   Flows from riparian habitats and wetlands;

   (N)   Dechlorinated swimming pool discharges - chlorinated waster that has either sat idle for seven (7) days following chlorination prior to discharge to the MS4 conveyance, or, by analysis, does not contain detectable concentrations of chlorinated residual (less than five-hundredths (0.05) milligram per liter);

   (O)   Street wash water;

   (P)   Discharges from firefighting activities;

Any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency is also exempted from this Chapter, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written acceptance has been granted for the subject discharge to the stormwater drainage system.

(Ord. G-11-07, passed 4-10-07)