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(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)
(A) The City Engineer will review each application for a site development permit to determine its conformance with the provisions of this chapter. Within 14 calendar days after receiving an application, the city shall approve, approve with conditions or disapprove the application. Possible actions are further defined as:
(1) Approve. The permit application is found to be completely consistent with the requirements within this chapter; therefore, the city shall issue a notice of plan approval (NPA);
(2) Approve with conditions. The permit application is generally consistent with the requirements within this chapter but specific minor modifications are required to meet all of the applicable requirements. Therefore, the city shall issue the permit subject to these written conditions along with a conditional notice of plan approval (CNPA); or
(3) Disapprove. The permit application does not meet the requirements of this chapter and requires modifications that would result in significant changes to the plan. Therefore, the city shall disapprove the application indicating the reason(s) and procedure for submitting a revised application and/or submission.
(B) The developer must include the NPA or CNPA as verification of plan approval with the notice of intent (N01) sent to the Director of IDEM in accordance with 327 Indiana Administrative Code 15-5-6(a) at least 48 hours prior to land-disturbing activities.
(C) The initiation of construction activity following notification by the city that the plan does not meet the requirements of this chapter is a violation and subject to enforcement action.
(Ord. 2006-20, passed 11-21-06)
(A) The permittee shall maintain a copy of the approved erosion and sediment control plan on site.
(B) It shall be a condition of every site development permit that the city has the right to enter the construction project site periodically to inspect for compliance with the site development permit and this chapter.
(C) City Inspectors shall notify the on-site personnel or the developer in writing when violations are being observed, describing items to address and actions to be taken.
(Ord, 2006-20, passed 11-21-06)
(A) Notice of violation. Whenever the city finds that a person has violated a condition of this chapter, the city may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(1) The elimination of illicit connections or discharges;
(2) That violating discharges, practices, or operations cease and desist;
(3) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(4) Payment of a fine to cover administrative and remediation costs, including any fines imposed on the;
(a) The installation, implementation, or maintenance of BMPs.
(b) The performance of monitoring, analysis, and reporting;
(B) Abatement. 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. 2006-20, passed 11-21-06)
(A) Any person receiving a written notice of violation may appeal the determination to the Board. The notice of appeal must be received within ten business days from the date of the notice of violation. Hearing on the appeal shall take place within 15 business days from the date of receipt of the notice of appeal. The decision of the Board or its designee shall be final.
(B) If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within ten days of the decision of the Board upholding the decision of the city, then representatives of the city shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(Ord. 2006-20, passed 11-21-06)
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the city 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. 2006-20, passed 11-21-06)
In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city may impose upon the violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, or such other activities selected by the city.
(Ord. 2006-20, passed 11-21-06)
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(Ord. 2006-20, passed 11-21-06)
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