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For the purposes of this chapter, the following shall mean:
ACCIDENTAL DISCHARGE. A discharge prohibited by this chapter that occurs by chance and without planning or consideration prior to occurrence.
AUTHORIZED ENFORCEMENT AGENCY. Employees or designees of the County Department of Stormwater Management.
BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
BOARD. The County Stormwater Management Board.
CLEAN WATER ACT. The Federal Water Pollution Control Act (33 USC 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY. Activities subject to NPDES Construction Stormwater General Permit. These include construction projects resulting in land disturbance of one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
CONVEYANCE. Any structural process for transferring stormwater between at least two points. The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, and roadways.
EPA. The Federal Environmental Protection Agency.
FLOATABLE. Any solid waste that, due to its physical characteristics, will float on the surface of water. For the purposes of this rule, the term does not include naturally occurring floatables, such as leaves or tree limbs.
GROUND WATER. Accumulations of underground water, natural or artificial, public and private, or parts thereof, that are wholly or partiallywithin, flow through, or border upon this state. The term does not include manmade underground storage or conveyance structures.
HAZARDOUS MATERIALS, SUBSTANCES or WASTES. Any material, including any substance, waste, or combination thereof, that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment, when improperly treated, stored, transported, disposed of, or otherwise managed.
IDEM. Refers to the Indiana Department of Environmental Management.
ILLICIT CONNECTIONS.
(1) Any drain or conveyance, whether on the surface or subsurface, that allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyances that allow any non-stormwater discharge, including sewage, process wastewater, and wash water, to enter the storm drain system, and any connections to the storm drain system from indoor drains and sinks, regardless of whether the drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE. Any discharge to a MS4 conveyance that is not composed entirely of stormwater, except naturally introduced floatables, such as leaves or tree limbs. Sources of illicit discharges include, but are not limited to, sanitary wastewater, septic tank effluent, commercial car wash wastewater, oil spills or disposal, radiator flushing disposal, laundry wastewater, roadway accident spillage, pollutant run-off, and household hazardous wastes.
ILLEGAL DISCHARGE. Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in § 53.06.
INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).
MAXIMUM EXTENT PRACTICABLE. A performance standard or requirement within a permit to reduce the discharge of pollutants from a MS4 to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act, which is achieved through planning and implementation of specific measures that are identified in the stormwater quality management plan.
MUNICIPAL SEPARATE STORM SEWER SYSTEM or MSA A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, glitters, ditches, manmade channels, or storm drains, that is:
(1) Owned or operated by a federal, state, city, town, county, district, association, or other public body (created by or pursuant to state law), having jurisdiction over stormwater, including special districts under state law, such as a sewer district, flood control district, or drainage district, or similar entity, or a designated and approved management agency under Section 208 of the Clean Water Act (33 USC 1288) that discharges into waters of the state; or privately owned stormwater utility, hospital, university, or college having jurisdiction over stormwater that discharges into waters of the state. This does not include the City of Boonville, Tennyson, Lynnville, Elberfeld, and other MS4 territories;
(2) Designed or used for collecting or conveying stormwater;
(3) Not a combined sewer; and
(4) Not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by EPA (or by a state under authority delegated
pursuant to 33 USC 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
NON-STORMWATER DISCHARGE. Any discharge to the MS4 that is not composed entirely of stormwater.
PERSON. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
POLLUTANT. Anything that causes or contributes to pollution. POLLUTANTS may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; excess pesticides, excess herbicides, and excess fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
PREMISES. Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
STATE WATERS or WATER OF THE STATE. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state that are not entirely confined or retained completely upon the property of an individual, partnership or corporation.
STORM DRAIN STENCILING. A method to label storm drain inlets with a message warning the public not to dump polluting materials into the storm drain. Methods can include a marker or a paint stencil.
STORMWATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
WARRICK COUNTY. A county located in the U.S. state of Indiana.
WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
WATERCOURSE. Any river, stream, creek, brook, branch, natural or man-made drainageway in or into which stormwater runoff or floodwaters flow, either continuously or intermittently.
WATER QUALITY. A term used to describe the chemical, physical, and biological characteristics of water, usually in respect to its suitability for a particular purpose.
(BC Ord. 2006-13, passed 7-26-06; Am BC Ord. 2024-06, passed 5-13-24)
This chapter shall apply to all discharges, including illicit and illegal discharges, entering the MS4 that was generated on any developed and undeveloped lands, unless explicitly exempted by the authorized enforcement agency.
(BC Ord. 2006-13, passed 7-26-06; Am BC Ord. 2024-06, passed 5-13-24)
The Department of Stormwater Management shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the Department of Stormwater Management as the authorized enforcement agency may be delegated by the Board to persons or entities acting in the beneficial interest or in the employ of the authorized enforcement agency.
(BC Ord. 2006-13, passed 7-26-06; Am BC Ord. 2024-06, passed 5-13-24)
Words and phrases in this chapter shall be construed according to then common and accepted meanings, except that words and phrases defined in § 53.02 shall be construed according to the respective definitions given in that section. Technical words and phrases that are not defined in this chapter, but which have acquired particular meanings in law or in technical usage, shall be construed according to such meanings.
(BC Ord. 2024-06, passed 5-13-24)
(A) Prohibition of illegal discharges.
(1) No person shall discharge or cause to be discharged into a MS4 conveyance, waterbodies, or watercourses, directly or indirectly, 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 stormwater.
(2) The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited, except as described as follows:
(a) The following discharges are exempt from discharge prohibitions established by this chapter: water line and hydrant flushing for maintenance; irrigation water; uncontaminated pumped ground water; uncontaminated foundation, footing, and crawl space drains; fire suppression activities; uncontaminated excess storm sewer cleaning water not collected by a vacuum truck; residential car washing; non-commercial washing of vehicles by community organizations; external building wash down without detergents; uncontaminated condensate from air conditioning units, coolers, and other compressors, and from outside storage of refrigerated gases or liquids; springs; dechlorinated/debrominated residential swimming pool discharges; pavement wash waters provided spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used; and uncontaminated ground water infiltration (as defined in 40 CFR 35.2005(20)).
(b) Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.
(c) Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test.
(d) The prohibition shall not apply to 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 EPA or IDEM, provided the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided written approval has been granted for any discharge to the storm drain system.
(B) Prohibition of illicit connections.
(1) The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.
(2) 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.
(3) A person shall be in violation of this chapter if the person connects a line conveying
sewage to the MS4, or allows such a connection to continue.
(BC Ord. 2006-13, passed 7-26-06; Am BC Ord. 2024-06, passed 5-13-24) Penalty, see § 53.99
(A) Suspension due to illicit discharges in emergency situations.
(1) The Board may, without prior notice, suspend MS4 discharge access to a person when it is necessary to stop an actual or threatened discharge, which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the state or United States.
(2) If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the state or United States, or to minimize danger to persons.
(B) Suspension due to the detection of elicit discharge.
(1) Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if it would abate or reduce an illicit discharge.
(2) The authorized enforcement agency will notify in writing a violator of the proposed termination of its MS4 access.
(3) The violator may petition the Board for a reconsideration and hearing within days of receiving written notice of a violation.
(4) A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the authorized enforcement agency.
(BC Ord. 2006-13, passed 7-26-06; Am BC Ord. 2024-06, passed 5-13-24) Penalty, see § 53.99
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of that permit. Proof of compliance with the permit may be required in a form acceptable to the authorized enforcement agency prior to the allowing of discharges to the MS4.
(BC Ord. 2006-13, passed 7-26-06; Am BC Ord. 2024-06, passed 5-13-24)
(A) Inspection and monitoring. The authorized enforcement agency has the authority to periodically inspect any portion of the MS4, whether publicly or privately owned, to detect and eliminate illicit connections and discharges into the MS4. The inspection may include dry weather screening of discharges from outfalls connected to the MS4 to determine if prohibited flows are being conveyed into the MS4. It could also include spot testing of waters contained in the MS4 itself to detect the introduction of pollutants into the MS4 by means other than a defined outfall, such as dumping or contaminated sheet runoff.
(B) Access to facilities.
(1) The authorized enforcement agency, or a representative thereof, 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, which require properidentification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.
(2) Persons shall allow the authorized enforcement agency 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 stormwater, and the performance of any additional duties as defined by state and federal law.
(3) The authorized enforcement agency shall have the right to set up on any permitted facility such devices as are necessary, in the opinion of the authorized enforcement agency, to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4) The authorized enforcement agency may 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 stormwater 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 authorized enforcement agency, and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(6) Any obstruction delays in allowing the authorized enforcement agency access to a permitted facility is a violation of a stormwater discharge permit and of this chapter.
(7) A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
(8) If the authorized enforcement agency has been refused access to any part of the premises from which stormwater 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 authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.
(BC Ord. 2006-13, passed 7-26- 06; Am BC Ord. 2024-06, passed 5-13-24) Penalty, see § 53.99
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