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(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
(A) The authorized enforcement agency is authorized to require dischargers to implement pollution prevention measures, utilizing Best Management Practices (BMPs) necessary to prevent or reduce the discharge of pollutants into the MS4 or waters of the state or United States.
(B) The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of these structural and non-structural BMPs.
(C) Any person responsible for a property or premise that is, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4.
(D) Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliant with the provisions of this section.
(BC Ord. 2006-13, passed 7-26- 06; Am BC Ord. 2024-06, passed 5-13-24) Penalty, see § 53.99
Storage or stockpiling of hazardous or toxic material within any watercourse, or in its associated floodway or floodplain, is prohibited. Storage or stockpiling of hazardous or toxic material, including sewage treatment plant stockpiles, on a property must include adequate protection and/or containment to prevent any such material from entering any temporary or permanent stormwater conveyance or watercourse.
(BC Ord. 2024-06, passed 5-13-24) Penalty, see § 53.99
Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
(BC Ord. 2006-13, passed 7-26- 06; Am BC Ord. 2024-06, passed 5-13-24) Penalty, see § 53.99
(A) Any person who operates, controls, or maintains a facility, premises, or property from which a spill occurs is responsible for notifying emergency response agencies and taking all necessary steps to ensure the discovery, containment, and cleanup of the release. This section is in addition to the procedures and requirements identified in the Indiana Spill Rule, 327 IAC 2-6.1.
(B) Any discharger who accidentally discharges into the MS4 or a body of water any substance other than stormwater or an exempted discharge shall immediately inform the authorized enforcement agency concerning the discharge.
(C) A written report concerning the discharge shall be filed with the authorized enforcement agency,by the dischargers, within five days. The written report shall specify:
(1) The composition of the discharge and the cause thereof;
(2) The date, time, and estimated volume of the discharge;
(3) All measures taken to clean up the accidental discharge, and all measures proposed to be taken to prevent any recurrence; and
(4) The name and telephone number of the person making the report, and the name and telephone number of a person who may be contacted for additional information on the matter.
(D) A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this chapter against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs, or to obtain other relief because of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of this section and the Indiana Spill Rule (327 IAC 2-6.1). This requirement does not relieve discharger from notifying other entities as required by state or federal regulations.
(BC Ord. 2006-13, passed 7-26-06; Am BC Ord. 2024-06, passed 5-13-24) Penalty, see § 53.99
(A) Violation. It shall be unlawful for any person to violate or fail to comply with any provision of this chapter. Any person who has violated or continues to violate any provision of this chapter may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.
(B) Notice of violation.
(1) Whenever the authorized enforcement agency finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the authorized enforcement agency may order compliance by written notice of violation to the responsible person.
(2) The notice of violation may require without limitation:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit connections or discharges;
(c) That violating discharges, practices, or operations shall cease and desist;
(d) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(e) Payment to cover administrative and remediation costs; and
(f) The implementation of source control or treatment BMPs.
(3) The notice of violation shall contain:
(a) The names and addresses of the owner and violator;
(b) The address when available, or a description of the building, structure of land upon which the violation has occurred;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to bring the illegal activity into compliance with this chapter, and a time schedule for the completion of the remedial action, which may include designating the violation requires immediate action of less than 24 hours;
(e) A statement that should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor, and the expense thereof shall be charged to the violator;
(f) A description of the remedial measures, if any, that were necessary to bring the illegal activity into compliance with this chapter that were already taken by the authorized enforcement agency, the cost thereof, and a statement that the violator shall be responsible for the remedial action already taken; and
(g) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is sent.
(C) Emergency. In the event that an emergency exists and immediate action is required, the Board and the authorized enforcement agency and the authorized enforcement agency may abate or remedy the violation, and notice may be given after the abatement or remediation has occurred. In the event of such emergency, the authorized enforcement agency may enter onto the subject property and may take all measures necessary to abate the violation. It shall be unlawful for any person to refuse to allow access to the government agency or designated contractor to enter upon the property for the purposes set forth above.
(BC Ord. 2006-13, passed 7-26-06; Am BC Ord. 2024-06, passed 5-13-24) Penalty, see § 53.99
(A) Any person receiving a notice of violation may appeal it by filing a notice of appeal with the authorized enforcement agency.
(1) The notice of appeal must be received within ten days from the date of the notice of violation is issued.
(2) Hearing on the appeal before the Stormwater Department shall take place within 30 days from the date of receipt of the notice of appeal.
(B) A decision of the authorized enforcement agency shall be appealed to the Board.
(1) The Board must receive a notice of appeal with ten days of the decision of the authorized enforcement agency.
(2) Hearing on the appeal before the Board shall take place within 30 days from the date of receipt of the notice of appeal.
(C) A decision of the Board may be taken as provided by state law.
(BC Ord. 2006-13, passed 7-26-06; Am BC Ord. 2024-06, passed 5-13-24)
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