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The city shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the city may be delegated to persons or entities acting in the beneficial interest of or in the employ of the city.
(Ord. 2006-20, passed 11-21-06)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“BEST MANAGEMENT PRACTICES (BMPs).” Structural controls or devices, prohibitions or practices, maintenance procedures, and other management practices intended to prevent or reduce the discharge of pollutants, including sediment, directly or indirectly to a municipal separate storm sewer system.
“BOARD.” The Board of Public Works and Safety for the City of Madison.
“CITY.” The City of Madison.
“CLEARING.” Any activity that removes the vegetative surface cover.
“CONSTRUCTION ACTIVITY.” Land-disturbing activities associated with the construction of infrastructure or structures. Construction activity does not include routine ditch or road maintenance or minor landscaping projects.
“DEVELOPER.” A project site owner or person financially responsible for construction activity; or an owner of property who sells, leases or offers for sale or lease any lot(s) in a subdivision or larger common plan of development or sale.
“DIRECTOR.” The chief executive officer of IDEM.
“EROSION AND SEDIMENT CONTROL PLAN.” A set of plans indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction. This plan shall include all documents and information as required by 327 Indiana Administrative Code 15-5.
“GRADING.” Excavation or fill of material, including the resulting conditions thereof.
“HAZARDOUS MATERIALS.” Any material, including any substance, waste, or, combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
“IDEM.” Indiana Department of Environmental Management.
“ILLICIT CONNECTIONS.” An illicit connection is defined as any of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, which allows for an illicit discharge into a municipal separate storm sewer system (MS4).
(2) Any connections to the MS4 from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the city; or
(3) Any drain or conveyance connected from a commercial or industrial land use to MS4 which has not been documented in plans, maps or equivalent records and approved by the city.
“ILLICIT DISCHARGE.” Any direct or indirect non-stormwater discharge to a municipal separate storm sewer system, except as exempted in § 54.06(B)(1).
“LAND-DISTURBING ACTIVITY.” Any man-made change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting and grading.
“MS4.” Municipal separate storm sewer system.
“NPDES.” The National Pollutant Discharge Elimination System, a program administered by IDEM to reduce or eliminate the pollutant loadings into public waters.
“NON-STORMWATER DISCHARGE.” Any discharge to an MS4 that is not composed entirely of stormwater.
“PERSON.” Any individual, partnership, co-partnership, firm, company, corporation, association, trust, estate, political subdivision, state agency, or any other legal entity or their legal representative, agent or assigns legally capable of owning property in the state.
“POLLUTANT.” A pollutant is something that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing or building or structure; sediments and noxious or offensive matter of any kind.
“PREMISES.” Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
“PROJECT SITE.” The physical location(s) or legal boundaries within which a construction activity or a series of construction activities is planned to be or is being accomplished.
“SEDIMENT.” Solid material, both organic and mineral, that is in suspension, is being transported or has been moved from its site of origin by air, water, gravity or ice and has come to rest on the earth's surface.
“SEDIMENT CONTROL.” Measures that prevent eroded sediment from leaving the site.
“SITE.” A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
“SITE DEVELOPMENT PERMIT.” A permit issued by the municipality for the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading.
“STORM SEWER SYSTEM.” Publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
“STORMWATER.” Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(Ord. 2006-20, passed 11-21-06)
(A) Prohibition of illicit discharges. No person shall discharge or cause to be discharged into the city's MS4 any materials other than stormwater.
(B) Exceptions. The following discharges are exempt from the prohibitions of this chapter:
(1) Water line flushing or flushing of other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (including active groundwater dewatering systems), air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if de-chlorinated to less than 1.0 mg/l chlorine), fire fighting activities, and any other water source not containing pollutants;
(2) Discharges specified in writing by the city as being necessary to protect public health and safety;
(3) Dye testing, but this requires a verbal notification to the city prior to the time of the test;
(4) Any non-stormwater discharge that is permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of IDEM, 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 approval has been granted for any discharge to the storm drain system.
(C) Immediate suspension of access in emergency situations. The city may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened illicit discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons or to the MS4 or Waters of the United States.
(D) Suspension order due to the detection of illicit discharge. The city will issue a written suspension order to any person that is found to be responsible for an active or potential illicit discharge. If the violator fails to comply with such a suspension order in a reasonable period of time, the city may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons. Any person responsible for an illicit discharge or connection may have their MS4 access terminated. The violator may petition the Board for a reconsideration and hearing.
(E) Reinstatement offense. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the city.
(Ord. 2006-20, passed 11-21-06)
(A) The city shall be permitted to enter and inspect premises as often as may be necessary to determine compliance with the illicit discharge conditions of this chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the city.
(B) Facility operators shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit, and the performance of any additional duties as defined by state and federal law.
(C) The city shall have the right to set up any devices on any premises as necessary, in the opinion of the city, to conduct monitoring and/or sampling of the premises' stormwater discharge.
(D) The city has the right to require a discharger to install monitoring equipment as necessary. In such cases, the facility's sampling and monitoring equipment shall be installed and maintained by the discharger at its own expense. The discharger shall maintain the monitoring equipment at all times in a safe and proper operating condition. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(E) Any temporary or permanent obstruction which prevents the safe and easy access to a facility shall be promptly removed by the facility's operator at the written or oral request of the city. The costs of clearing such access shall be borne by the facility's operator.
(F) Unreasonable delays in allowing the city access to a permitted facility are a violation of this chapter. A person who is the operator of a such a facility commits an offense if the person denies the city reasonable access to the premises for the purpose of conducting any activity authorized or required by this section.
(G) If the city has been refused access to any part of the premises from which stormwater is discharged, and the city is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this section or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction.
(H) Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging the city's MS4 or waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of spilled material, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of any spill, said person shall notify the city in person or by phone or facsimile no later than one business day. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years from the incident date.
(Ord. 2006-20, passed 11-21-06)
(A) Prior to the beginning of clearing on any project that will involve the disturbance of one or more acres of land, the property owner or project developer shall apply for a site development permit. Each permit application shall include an erosion and sediment control plan prepared for that project.
(B) Site development permits are not required for the following activities:
(1) Any emergency activity that is immediately necessary for the protection of life, property or natural resources; and
(2) Existing nursery and agricultural operations conducted as a permitted main or accessory use.
(C) Each site development permit application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm and shall be accompanied by a fee in accordance with the following schedule:
Disturbed area | Fee |
Between 1 and 2.0 acres | $50 |
Between 2.0 and 5.0 acres | $75 |
Between 5.0 and 10.0 acres | $100 |
10.0 acres and above | $10 / per acre of disturbed area |
(Ord. 2006-20, passed 11-21-06)
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