(A) After the approval of the stormwater management permit by the town MS4 operator and the commencement of construction activities, the town MS4 operator has the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this chapter and the terms and conditions of the approved permit.
(B) Stormwater quality management facilities shall be maintained in good condition, in accordance with the operation and maintenance procedures and schedules listed in the Indiana Stormwater Quality Manual and/or the terms and conditions of the approved SWPPP, and shall not be subsequently altered, revised, or replaced except in accordance with the approved SWPPP, or in accordance with approved amendments or revisions in the permit. Following construction completion, maintenance of stormwater quality facilities shall be long-term responsibility of the facility owner, its successor and assigns, including any homeowners association.
(C) The town MS4 operator 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 and/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 inspection, the owner of the facility will be notified by the town MS4 operator 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 town MS4 operator will undertake the work and collect from the owner using Lien rights if necessary.
(Ord. 2006-05, passed 6-1-06)