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(A) No land-disturbing activity that would require the uncovering of one acre or more shall be initiated without submittal of all the required documentation identified in the county's construction/stormwater pollution prevention plan technical review form, and receiving stormwater approval from the Stormwater Management Department.
(B) A stormwater approval is not required for any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
(C) The owner or developer shall submit one hard copy and one electronic copy of the following:
(1) The county’s construction/stormwater pollution prevention plan technical review form and required fees;
(2) Design plans with erosion and sediment control measures identified and details following the Indiana Stormwater Quality Manual;
(3) Construction site stormwater pollution prevention plan (SWPPP) per the CSGP;
(5) Post-construction operation and maintenance manual (O&M manual);
(6) SWPPP and post-construction stormwater BMP owner acknowledgment;
(7) IDEM’s notice of intent form with proof of public notice.
(D) Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria outlined in the Indiana Stormwater Quality Manual, and shall be adequate to the satisfaction of the county to prevent transportation of sediment from the site. Cut and fill slopes shall be no greater than 3:1, except as approved by the county to meet other community or environmental objectives.
(E) The applicant may, at the option of the county, be required to file with the county a faithful performance bond, letter of credit, or other improvement security, in an amount deemed sufficient by the county to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by the county, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.
(F) This permit and posting of the notice under division (C)(7) of this section, does not provide the public with any right to trespass on a project site for any reason, nor does it require that the project site owner allow members of the public access to the project site.
(BC Ord. 2024-09, passed 7-8-24) Penalty, see § 54.99
(A) The county will review each application to determine its conformance with the provisions of this chapter and the Indiana Stormwater Quality Manual. The county will follow the procedures outlined on the form. Upon review, the county shall, in writing:
(1) Approve the permit application;
(2) Approve the permit application, subject to such reasonable conditions as may be necessary to secure the objectives of this regulation, and issue the permit subject to these conditions; or
(3) Disapprove the permit application, indicating the reason(s) for disapproval, and the procedure for submitting a revised application and/or submission.
(B) After receiving approval, if revisions to the construction plans require a change in measures appropriate to control the quality or quantity of stormwater runoff, then revised plans must be submitted to the county.
(C) Assignment of responsibility for maintaining facilities serving more than one lot or holding shall be documented by appropriate covenants to property deeds, unless responsibility is formally accepted by a public body, and determined before the final stormwater approval is approved.
(D) The applicant may be required to file with the county a performance bond, letter of credit, or other improvement security in the amount deemed sufficient by the county to cover all costs of improvements, landscaping, and maintenance of improvements for such period as specified by the county, and engineering and inspection costs to cover the cost of failure to repair improvements installed on the project site.
(E) The performance bond will require periodic renewal since it must cover the perpetual maintenance and care of the permanent post-construction runoff control structure or system in place. The applicant will notify the county of the impending expiration of a performance bond and the issuance of a renewed performance bond.
(BC Ord. 2024-09, passed 7-8-24)
In granting stormwater approval, it is the responsibility of the project site owner to:
(A) Ensure proper construction and installation of all stormwater measures in compliance with the approved submittal, this chapter, the Indiana Stormwater Quality Manual, and the CSGP (as applicable);
(B) Submit the approval from the county with the completed and signed NOI with proof of public notice for the CSGP to IDEM, along with copies to the Stormwater Management Department, at least 48 hours before any land disturbance or discharges occur;
(C) Ensure compliance with this chapter, the approved submittal, and the CSGP during the construction activity and implementation of the construction plan;
(D) For off-site construction activities that provide services (for example, road extensions, sewer, water, and other utilities) to a permitted project site, these off-site activity areas must be considered a part of the permitted project site when an activity is under the control of the project site owner;
(E) The permittee or their agent shall maintain a self-monitoring program and complete regular inspections of all control measures per the inspection schedule outlined in the CSGP. The purpose of such inspections will be to determine the overall effectiveness of the SWPPP and the need for additional control measures. All inspections shall be documented and submitted to the county upon request within 48 hours. Self-monitoring reports are to be completed by a trained and qualified individual;
(F) Develop and maintain a project management log per the CSGP;
(G) Notify the county of final site stabilization so that the county can complete and sign off on a final site inspection before submittal of the notice of termination (NOT) to IDEM.
(1) Final stabilization is achieved when all land-disturbing activities have been completed, temporary BMPs have been removed, permanent BMPs have been cleaned, and a uniform perennial vegetative cover with a density of 70% has been established.
(2) Final stabilization for construction projects on land used for agricultural purposes is achieved when:
(a) Stabilization is completed per division (G)(1) above as land disturbance progresses;
(b) Land returned to its preconstruction agricultural use is temporarily or permanently seeded upon completing land-disturbing activities; and
(c) Disturbed areas, not previously used for agricultural production, such as filter strips, are returned to their preconstruction agricultural use;
(H) After the first three years, pay the county for all post-construction BMP inspection fees billed to the owner;
(I) Maintain the BMPs in good condition per the designed and approved specifications and O&M manual;
(J) Complete routine inspections and maintenance of the post-construction BMP. Maintenance plans and inspection forms for each type of acceptable BMP are provided in the O&M Manual and should be used as guidance for performing maintenance activities. Completed routine inspection forms must be maintained by the BMP owner and produced upon request by the county;
(K) Obtain approval from the county for alterations, revisions, or replacements of all post-construction BMPs;
(L) Notify the county, in writing within 30 days, of any changes in BMP ownership, major repairs, or BMP failure.
(BC Ord. 2024-09, passed 7-8-24) Penalty, see § 54.99
(A) Right-of-entry. Property owners shall allow right-of-entry for the county, or its designated agent, for any site covered under this chapter.
(B) Construction activity inspections.
(1) The county, or its designated agent, shall inspect, as required, the installation,
implementation, and maintenance of erosion and sediment control measures at any project site involved in construction activities. The county, or its designated agent, shall either approve that portion of the work completed or notify the permittee where the work fails to comply with the SWPPP as approved.
(2) Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the county shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall follow the directions on the county's construction/stormwater pollution prevention plan technical review form at least ten working days before the following:
(a) Start of construction;
(b) Installation of sediment and erosion measures;
(c) Completion of site clearing;
(d) Completion of rough grading;
(e) Completion of final grading;
(f) Close of the construction season; and
(g) Completion of final landscaping and final stabilization.
(C) Post-construction BMP inspections.
(1) The county has the authority to perform long-term, post-construction inspections of all publicly- or privately-owned stormwater BMPs. Inspections will cover physical conditions, available storage capacity, and the operational condition of key facility elements.
(2) If deficiencies are found during the inspection, the county will notify the owner in writing, and the owner will be required to take all necessary measures to correct such deficiencies. If the owner
fails to correct the deficiencies within the allowed time, as specified in writing, the county will undertake the work and collect from the owner, using lien rights if necessary.
(3) If the county finds a BMP in need of maintenance or repair, the county will notify the BMP owner of the necessary maintenance or repairs and give the landowner a time for completing the maintenance or repairs. If the maintenance or repairs are not completed within the designated time, the county shall perform the repairs or maintenance and bill the landowner for the actual costs of the work.
(BC Ord. 2024-09, passed 7-8-24)
(A) Enforcement of this chapter shall be subject to the severity of the infraction and the property owner’s or site operator’s efforts to comply. Tiered enforcement will be practiced at the county’s discretion. The tiered enforcement may include:
(1) Verbal warning to the owner or operator to make corrections of identified deficiencies;
(2) Written warning to the owner or operator to make corrections within a specified time, but not less than 72 hours. The specified time shall account for issues such as the severity of the problem, pending weather, seasonal conditions, and the level of effort necessary to correct the problem;
(3) Written warning of non-compliance with directions to the owner or operator that site deficiencies require corrective action within 72 hours;
(4) Stop-work order.
(a) If deficiencies in a written warning of non-compliance are not resolved 72 hours after receipt of written notification, the county may issue a stop-work order or may revoke the owner’s
stormwater approval, in which event all construction work shall cease until and unless the county determines that compliance has been obtained.
(b) Any person who neglects or fails to comply with a stop-work order may be fined for each offense, plus costs, damages, and expenses. Each day such violation occurs or continues shall be deemed a separate offense, and shall make the violator liable for the imposition of a fine for each day. The county may assess a permit-reinstatement fee.
(c) The county may issue a stop-work order and may suspend or revoke stormwater approval if any of the work is being conducted in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.
(B) 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. The notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work may be done by the county or a contractor, and the expense thereof, including court costs and attorney fees, shall be charged to the violator.
(C) If the property owner fails to complete the corrective actions and the work is completed through the county or a contractor, the county will provide a letter to the property owner of the work completed, copies of all invoices paid by the county, and a log of all hours spent by county personnel and/or its designated contractor. If the amount contained in the notification is not paid within 30 days of the receipt of the bill, the county may certify to the County Auditor the amount of the bill, plus any additional administrative costs incurred in the certification, and the amounts shall be collected as delinquent taxes are collected per I.C. 36-1-6-2.
(BC Ord. 2024-09, passed 7-8-24)
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 county may petition any court of competent jurisdiction for a preliminary or permanent injunction, restraining the person from activities that would create further violations. Such enforcement may also include compelling the person to perform abatement or remediation of the violation. Costs, including attorney fees, for injunctive relief may be assessed against the violator.
(BC Ord. 2024-09, passed 7-8-24) Penalty, see § 54.99
Instead of enforcement proceedings, penalties, and remedies authorized by this chapter, the county may impose upon a violator alternative compensatory action, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, and the like.
(BC Ord. 2024-09, passed 7-8-24)
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