(A) Applicability and exemptions.
(1) In addition to the requirements of § 54.30, the stormwater pollution prevention plan, which is to be submitted to the city as part of the stormwater management permit application, must also include post-construction stormwater quality measures. These measures are incorporated as a permanent feature into the site plan and are left in place following completion of construction activities to continuously treat stormwater runoff from the stabilized site. Any project located within the city that includes clearing, grading, excavation, or other land-disturbing activities, resulting in the disturbance of or impact on one acre or more of total land area, is subject to the requirements of this section. This includes both new development and redevelopment, and disturbances of less than one acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres of land within the MS4 area.
(2) The requirements under this section do not apply to the following activities:
(a) Agricultural land-disturbing activities;
(b) Timber harvesting activities;
(c) Construction activities associated with a single-family residential dwelling disturbing less than five acres, when the dwelling is not part of a larger common plan of development or sale;
(d) Single-family residential developments consisting of four or less lots;
(e) A single-family residential strip development where the developer offers for sale or lease without land improvements and the project is not part of a larger common plan of development of sale; or
(f) Individual building lots within a larger permitted project.
(3) The requirements under this section do not apply to the following activities, provided other applicable state permits contain provisions requiring immediate implementation of soil erosion control measures:
(a) Landfills that have been issued a certification of closure under 329 IAC 10;
(b) Coal mining activities permitted under I.C. 14-34; and
(c) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the State Department of Environmental Management under 329 IAC 10 that contains equivalent stormwater requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.
(4) It will be the responsibility of the project site owner to complete a stormwater permit application and ensure that a sufficient construction plan is completed and submitted to the city in accordance with § 54.32. It will be the responsibility of the project site owner or permit holder to ensure proper construction and installation of all stormwater BMPs in compliance with this subchapter and with the approved stormwater management permit, and to notify the city with a sufficient notice of termination letter upon completion of the project and stabilization of the site. However, all eventual property owners of stormwater quality management facilities meeting the applicability requirements must comply with the requirements of this section and this subchapter.
(B) Policy on stormwater quality management.
(1) It is recognized that developed areas, as compared to undeveloped areas, generally have increased imperviousness, decreased infiltration rates, increased runoff rates, and increased concentrations of pollutants such as fertilizers, herbicides, greases, oil, salts, and other pollutants. As new development and re-development continues in the city, measures must be taken to intercept and filter pollutants from stormwater runoff prior to reaching regional creeks, streams, and rivers. It is presumed that through the use of best management practices (BMP), stormwater runoff will be filtered and harmful amounts of sediment, nutrients, and contaminants will be removed. The city has established a minimum standard that the measurement of the effectiveness of the control of stormwater quality will be based on the management of total suspended solids (TSS).
(2) The project site owner must submit to the city a stormwater pollution prevention plan (SWPPP) that will show placement of appropriate BMP(s) from a pre-approved list of BMPs specified in the city’s “Stormwater Technical Standards Manual”. The noted BMPs must be designed, constructed, and maintained according to guidelines provided or referenced in the city’s “Stormwater Technical Standards Manual”. Practices other than those specified in the pre-approved list may be utilized. However, the burden of proof, as to whether the performance (minimum 80% TSS removal) and ease of maintenance of such practices will be according to guidelines provided in the city’s “Stormwater Technical Standards Manual”, would be placed with the applicant. Details regarding the procedures and criteria for consideration of acceptance of such BMPs are provided in the city’s “Stormwater Technical Standards Manual”.
(3) Gasoline outlets and refueling areas must install appropriate practices to reduce lead, copper, zinc, and hydrocarbons in stormwater runoff. These requirements will apply to all new facilities, any existing facilities that replace storage tanks, or any facility that is contributing to water quality degradation through tank leakage, sheet drainage, or any other conveyance that introduces a pollutant to surface or ground waters.
(C) Calculations and design standards and specifications.
(1) Calculation of land disturbance must follow the guidelines discussed in § 54.30(C).
(2) 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 latest editions of the state’s “Stormwater Quality Manual” and the city’s “Stormwater Technical Standards Manual”. The methods and procedures included in these two references are in keeping with the above stated policy and meet the requirements of IDEM’s Rule 13.
(D) Easement requirements. All stormwater quality management systems, including detention or retention basins, filter strips, pocket wetlands, in-line filters, infiltration systems, conveyance systems, structures, and appurtenances located outside of the right-of-way shall be designated as common areas or incorporated into permanent drainage easements. A 20-foot wide access easement from the public right-of-way shall be provided for each BMP. An adequate easement, as detailed in the city’s “Stormwater Technical Standards Manual”, beyond the actual footprint of the stormwater quality management facility must also be provided for the purposes of monitoring, inspection, and general maintenance activities.
(E) Inspection, maintenance, record keeping, and reporting.
(1) After the approval of the stormwater management permit, the city has the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this section, the “Stormwater Technical Standards Manual”, and the terms and conditions of the approved permit.
(2) Stormwater quality management facilities shall be maintained in good condition, in accordance with the operation and maintenance procedures and schedules listed in the latest editions of the state’s “Stormwater Quality Manual” and the city’s “Stormwater Technical Standards Manual”, and the terms and conditions of the approved stormwater permit, and shall not be subsequently altered, revised, or replaced except in accordance with the approved stormwater permit, or in accordance with approved amendments or revisions in the permit. Following construction completion, maintenance of stormwater quality facilities shall be the long-term responsibility of the facility’s owner.
(3) The city has the authority to perform long-term, post-construction inspection of all public or privately owned stormwater quality facilities. The inspections will follow the operation and maintenance procedures included in the “Stormwater Technical Standards Manual” or permit application for each specific BMP. The inspection will cover physical conditions, available water quality storage capacity, and the operational condition of key facility elements. Noted deficiencies and recommended corrective action will be included in an inspection report. If deficiencies are found during the inspection, the owner of the facility will be notified by the city and will be required to take all necessary measures to correct such deficiencies. If the owner fails to correct the deficiencies within the allowed time period, as specified in the notification letter, the city will undertake the work and collect from the owner using lien rights if necessary.
(Ord. 2006-13, passed 10-26-2006)