(A) This chapter shall apply to all discharges, including illegal dumping, entering the storm drain system under the control of the County Surveyor’s Office, regardless of whether the discharge originates from developed or undeveloped lands, and regardless of whether the discharge is generated from an active construction site or a stabilized site. These discharges include flows from direct connections to the storm drain system, illegal dumping and contaminated runoff.
(B) Stormwater runoff from agricultural and timber harvesting activities is exempted from the requirements of this chapter unless determined to contain pollutants not associated with such activities or in excess of standard practices. Farm residences are not included in this exemption.
(C) (1) AGRICULTURAL ACTIVITIES shall mean tillage, planting, cultivation or harvesting operation for the production of agricultural or nursery vegetative crops; and includes the pasturing and confined feeding of livestock, except for livestock operations which are subject to the Indiana Confined Feeding Control Statute (I.C. 13-18-10). The term also includes pasture renovation and establishment of the construction of agricultural conservation practices, and the installation and maintenance of agricultural drainage tile. For the purposes of this subchapter, the term does not include land-disturbing activities for the construction of agricultural related facilities, such as:
(a) Barns;
(b) Buildings to house livestock;
(c) Roads associated with infra-structure;
(d) Agricultural waste lagoons and facilities;
(e) Lakes and ponds;
(f) Wetlands; and
(g) Other infrastructure.
(2) TIMBER HARVESTING shall mean the act or process of cutting or gathering trees, standing or felled, and logs. TIMBER HARVESTING shall include the act or process of cutting or gathering firewood, Christmas trees, fruit or ornamental trees.
(C) 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 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 the subject discharge to the storm drain system, is also exempted from this chapter.
(D) Finally, any construction project which has had its drainage plan approved by the County Surveyor’s Office prior to the effective date of this subchapter shall be exempt from all requirements of this subchapter that are in excess of the requirements of ordinances in effect at the time of approval.
(Ord. 10-1-1.2, passed 12-5-2005; Ord. 10-1-1.3, passed 3-4-2008)