Loading...
The standards set forth herein and promulgated pursuant to this subchapter are minimum standards; therefore this subchapter does not intend nor imply that compliance by any person will insure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
(A) Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the municipal storm drain system any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
(1) The following discharges are exempt from discharge prohibitions established by this chapter: water line flushing or 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 (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated), fire fighting activities, and any other water source not containing pollutants.
(2) Discharges specified in writing by the Indiana Department of Environmental Management as being necessary to protect public health and safety.
(3) Dye testing is an allowable discharge, but requires a verbal notification to the Board or its authorized agent prior to the time of the test.
(4) The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, 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.
(B) Prohibition of illicit connections. No person shall construct, use, maintain or continue the existence of illicit connections to the storm drain system. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is considered to be in violation of this subchapter if the person connects a line conveying wastewater to the MS4, or allows such a connection to continue.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Board prior to the allowing of discharges to the MS4.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
(A) Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity.
(B) Access to facilities.
(1) The Board or its authorized agent shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Board or its authorized agent.
(2) Facility operators shall allow the Board or its authorized agent the 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 to discharge storm water, and the performance of any additional duties as defined by state and federal law.
(3) The Board or its authorized agent shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Board or its authorized agent to conduct monitoring and/or sampling of the facility's storm water discharge.
(4) The Board or its authorized agent has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Board or its authorized agent shall not be replaced. The costs of clearing such access shall be borne by the operator.
(6) Unreasonable delays in allowing the access to a permitted facility are a violation of this chapter. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the Board or its authorized agent reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
(7) If the Board or its authorized agent has been refused access to any part of the premises from which storm water is discharged, and he or she 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 chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Board or its authorized agent may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
The Board will adopt requirements identifying Best Management Practices for any activity, operation, or facility that may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system through the use of BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliant with the provisions of this section. These BMPs shall be part of a storm water pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
In addition to the requirements of 327 IAC 2-6.1, 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 into storm water, the storm drain system, or waters of the state, 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 hazardous materials said person shall immediately notify emergency response agencies of the occurrence. In the event of a release of non-hazardous materials, said person shall notify the Board or its authorized agent in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Board or its authorized agent in three business days of the phone notice. 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.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
Loading...