a. A Notice of Violation will be issued by a designated representative or employee of the Town of Schererville, hereafter called the "Inspector", for lack of compliance with the provisions of this ordinance or for failure to complete corrective actions requested on routine inspection or investigation reports.
b. Violations will be rated by the Inspector according to the potential for harm and extent of violation. Guidelines for determination of violation of these categories are:
1. Potential for harm:
A. Minor:
Release or discharge of non-toxic materials such as, but not limited to: yard debris, sand, gravel, or sediment from construction activities;
Minor discharge of any material in conjunction with normal ancillary residential activities; and
Minor paperwork and/or procedural violations.
B. Moderate: Release or discharge of potentially harmful materials such as, but not limited to concrete, masonry products, or uncontaminated drilling mud.
C. Major:
Release or discharge of toxic or health-threatening materials such as, but not limited to: sewage, paint, chemicals, and petroleum products;
Discharge of any product, including those listed above in minor and moderate categories, in conjunction with commercial activity; and
Failure to implement erosion and sediment control measures or failure to correct BMPs per inspection request.
2. Extent of violation:
A. Minor: Release or discharge to the right-of-way, discharge can be repaired, removed or cleaned to original condition.
B. Moderate:
Release or discharge to the right-of-way that cannot be repaired, removed or cleaned to original condition, but does not cause structural damage; and
Discharge to the separate storm sewer system that does not impair the drainage function of the system.
C. Major:
Release or discharge to the drainage system which significantly impairs drainage or structures;
Discharge which requires removal of soil due to contamination, or replacement of pavement or structures;
Discharge to surface waters which impact a regulated drain; and
Failure to obtain proper permit, failure to correct BMPs per inspection request, or failure to stop work.
c. Each failure to comply with an ordinance provision and each day the noncompliance continues is a separate violation. The approved Final Drainage Plans and any approved Change in Plans will be used as the standard for compliance with this ordinance, as amended from time to time.
(Ord. No. 1708, 6-13-07)