(A) The WPWD will administer, implement and enforce the provisions of this chapter.
(B) This chapter shall apply to all construction activity (direct or indirect stormwater discharges, and illicit discharges) entering within the storm drainage system, MS4 or receiving waters under the jurisdiction of the city.
(C) Any permittee subject to an NPDES stormwater discharge permit shall comply with all provisions of such permit. If provisions of this chapter are more restrictive than the NPDES stormwater discharge permit, proof of compliance with said permit and this chapter may be required in a form acceptable to the WPWD prior to allowing discharges to the MS4.
(D) The provisions of this chapter shall be deemed as additional requirements to minimum standards required by other provisions of the city’s code of ordinances, and as supplemental requirements to Indiana’s Rule 5 regarding stormwater discharge associated with construction activity and Indiana’s Rule 13 regarding stormwater runoff associated with MS4 conveyances. In case of conflicting requirements, the most restrictive shall apply. Unless otherwise stated, the most recent versions or editions of said codes, ordinances, laws, and statutes shall apply.
(E) The city, by and through its Council, has the authority to modify, grant exemptions and/or waive any and all the requirements of this chapter. A meeting with the WPWD may be requested by an permittee to discuss the applicability of various provisions of the chapter with regard to unique or unusual circumstances. However, any initial determination of such applicability shall not be binding on future determinations of the WPWD.
(F) The city’s Utility and Infrastructure Construction Standards and Specifications Manual, and amendments thereto, are hereby incorporated herein by reference, with copies of the same being maintained in the WPWD for public inspection during regular business hours.
(G) Technical words and technical 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 and as defined in 327 I.A.C. 15-13 and 327 I.A.C. 15-5 of state law and other provisions of the city’s code of ordinances.
(H) The city shall be permitted to enter and inspect any premises subject to regulation under this chapter. It shall be unlawful for the permittee of any premises to refuse to allow the WPWD to enter upon the premises for the purposes set forth in this chapter.
(Prior Code, § 34-114) (Ord. 06-52, passed 11-13-2006; Ord. 15-03, passed 3-9-2015)