HomeMy WebLinkAbout2004-OR-55City of Jeffersonville, Indiana November
Illicit Discharge Detection & Elimination Ordinance 2004
ORDINANCE NO. 2004-OR-55
BEFORE THE COMMON COUNCIL
FOR THE CITY OF JEFFERSONVlLLE
STATE OF INDIANA
STORMWATER ILLICIT DISCHARGE CONTROL ORDINANCE
Section t - Title, Purpose and General Provisions
Section t.t - Title
1.1.1 This article shall be known as the "Stormwater Illicit Discharge Control
Ordinance" of the City of Jeffersonville, Indiana and may be so cited.
Section t.2 - Jurisdiction
1.2.1 The Stormwater Illicit Discharge Control Ordinance shall govern all properties
within the jurisdictional boundaries of the City of Jeffersonville, Indiana.
Section 1.3 - Demonstration of Need
1.3.1
Whereas, the community's municipal separate storm sewer system (MS4)
receives discharges that are hot composed entirely of stormwater runoff causing
increased nonpoint source pollution and receiving water degradation.
1.3.2
Whereas, surface water runoff can carry pollutants into receiving waters, and
uncontrolled stormwater drainage and/or discharges may have significant
adverse impacts on the health, safety and welfare of the citizens of the City of
Jeffersonville, Indiana, the potential impacts of these pollutants and pollution may
include:
1.3.2.1 Adverse impacts to public health and safety, drinking water supplies,
recreation, fish and other aquatic life, property values and other land and
water uses;
1.3.2.2 Changing natural ecosystems through the destruction of habitat, and the
loss of plant and animal life;
1.3.2.3 Posing significant health risks through an increase in bacteria and toxic
materials;
1.3.2.4Accelerating eutrophication of receiving waters by introducing excessive
nutrients;
City of Jeffersonville, Indiana November 2004
Illicit Dischar~le Detection & EliminatiOn Ordinance
1.3.2.5 Increasing metal depobits creating toxicity for aquatic life;
1.3.2.eReducing instream oxygen levels because of oil, grease and organic
matter; and
1.3.3
1.3.2.7 Affecting animal and plant life, adversely, due to changing temperatures
of receiving waters.
Whereas, the adverse water quality consequences described above may result in
substantial economic losses., Potential losses include, but are not limited to,
increased drinking water and wastewater treatment costs and diminished
property values, as well as state and federal fines associated with water quality
violations.
1.3.4 Whereas, every parcel of Property, both private and public, either uses or
benefits from the City of Jeffemonville's stormwater system.
1.3.5 Whereas, current and anticipated growth will contribute to and increase the need
for an effective stormwater system.
Section 1.4 - Objectives
1.4.1 Protection of short-term and !ong-term public health, safety and general welfare
will be achieved by:
1.4.1.1 providing for regulation and management of the City of Jeffersonville's
stormwater system, including public and private facilities within the City's
service area;
1.4.1.2 protecting, and preserving Water quality and fish and wildlife habitat within
the City of Jeffersonyille and in downstream receiving waters; and
1.4.2
1.4.1.3 protecting those downStream from stormwater quality impairment(s).
Compliance with state and federal stormwater regulations developed pursuant to
the Clean Water Act Amendments of 1987 and subsequent amendments through
2004. The objectives of these regulations include:
1.4.2.1 Controlling the quality of water discharged by controlling the contribution
of pollutants to the stormwater system by stormwater discharges
associated with residential, commercial and industrial activity;
1.4.2.2 Prohibiting illicit discharges to stormwater;
1.4.2.3Controlling the disch~arge of spills and dumping or any disposal of
materials other than s!ormwater into the stormwater system.
Section 1.5 - Definitions
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City of Jeffersonville, Indiana
Illicit Dischar~le Detection & EliminatiOn Ordinance
November 2004
Accidental Discharge means a discharge or release prohibited by thiS ordinance which
occurs by chance and without plannihg or thought prior to occurrence.
Clean Water Act means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et
seq.), and any subsequent amendments thereto.
Construction Activity means land disturbance activities subject to state NPDES General
Construction Permits related to "Rulb 13" or "Rule 5" or local permits. Such activities
include but are not limited to clearing !and grubbing, grading, excavating, and demolition.
Illicit discharge means any discharge to a Municipal Separate Storm Sewer System
(MS4) that is not composed entirely of stormwater except discharges pursuant to a
National Pollutant Discharge Elimination System permit (other than City of
Jeffersonville's NPDES stormwater permit) or otherwise defined by this ordinance.
Industrial Activity means activities subject to NPDES Industrial Permits as defined in 40
CFR, Section 122.26 (b)(14).
National Pollutant Discharge Elimihation System (NPDES) Storm Water Discharge
Permit means a permit iSsued by the Indiana Department of Environmental Management
(IDEM) under delegated authority by 'the United States Environmental Protection Agency
(USEPA), whether the permit is applicable On an individual, group, or general area-wide
basis.
Municipal Separate Storm Sewer System (MS4) means any facility designed or used for
collecting and/or conveying stormwater, including, but not limited to, any roads with
drainage systems, highways, streets curbs, gutters, inlets, catch basins, piped storm
drains, pumping facilities, structural stOrmwater controls, ditches, swales, natural and
man-made or altered drainage channels, reservoirs, and other drainage structures, and
which is:
a) Owned or maintained by the (jurisdiction);
b) Not a combined sewer; and
c) Not part of a publicly-owned treatment works.
Non-Stormwater Discharge means any discharge to the storm drainage system that is
not composed entirely of stormwateri
Person means, except to the extent exempted from this ordinance, any individual,
partnership, firm, association, joint 'venture, public or private corporation, trust, estate,
commission, board, public or private institution, utility, cooperative, city, county or other
political subdivision of the State, any interstate body or any other legal entity.
Pollutant means anything of a chemical component or nature which causes or
contributes to pollution.
Pollution means the contamination qr other alteration of any water's physical, chemical
or biOlogical properties by the addition of any constituent.
Premises mean any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
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City of Jeffersonville, Indiana
Illicit Dischar~le Detection & Elimination Ordinance
November 2004
Standard of Practice for Residential Construction Stormwater Management means a
document that defines the management practices for erosion prevention, sediment
control and other construction site waste management by which homebuilders may use
as guidance and minimum expectations to be achieved during inspections by the City of
Jeffersonville. In the event that this document is not published, then the "Indiana
Stormwater Quality Manual" or the "Indiana Handbook for Erosion and Sediment Control
in Urban Areas" developed by Indiana Department of Natural Resources (IDNR) may be
used as an equivalent guide.
Stormwater Runoff or Stormwater means any surface flow, runoff, and drainage
consisting entirely of water from any form of natural precipitation, and resulting from
such precipitation.
Structural Stormwater Control or Best Management Practice (BMP) means a structural
stormwater management facility or device that controls stormwater runoff and changes
the characteristics of that runoff including, but not limited to, the quantity and quality, the
period of release or the velocity of flow.
Undiluted Discharges means a discharge that has not been mixed with that of another
source such as another septic tank.
Waters of the State means 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 of Indiana which are not entirely confined and retained completely upon the
property of a single Person.
Section 2 -Authority and Right of Entry
2.1
The City of Jeffersonville or its designated representative shall have right-of-entry
on or upon the property of any Person subject to this ordinance and any
permit/document issued hereunder. The City shall be provided ready access to
all parts of the premises for the purposes of inspection, monitoring, sampling,
inventory, records examination and copying, and the performance of any other
duties necessa ,ry to determine compliance with this ordinance.
2.2
Where a property, site or facility has security measures in force which require
proper identification and clearance before entry into its premises, the Person
shall make necessary arrangements with its security personnel so that, upon
presentation of suitable identification, the City of Jeffersonville or its designated
representative will be permitted to enter without delay for the purposes of
performing specific responsibilities.
2.3
The City of Jeffersonville or its designated representative shall have the right to
set up on the Person's property such devices necessary to conduct sampling
and/or metering of the Person's stormwater operations or discharges.
2.4
Any temporary or permanent obstruction to safe and easy access to the areas to
be inspected and/or monitored shall be removed promptly by the Person at the
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City of Jeffersonville, Indiana November 2004
Illicit Dischar~le Detection & Elimination Ordinance
written or verbal request of City of Jeffersonville. The costs of clearing such
access shall be borne by the Person.
2.5
The City of Jeffersonville or its designated representative may inspect the
facilities of any user in order to ensure compliance with this ordinance. Such
inspection shall be made with the consent of the owner, manager, or signatory
official. If such consent is refused, denied or not promptly addressed, the City of
Jeffersonville may seek issuance of an administrative search warrant.
2.6
The City of Jeffersonvilie has the right to determine and impose inspection
schedules necessary to enforce the provisions of this article. Inspections may
include, but are not limited to, the following:
2.6.1 An initial inspection prior to stormwater management plan approval;
2.6.2 An inspection prior to burial of any underground drainage structure;
2.6.3
Erosion control inspections as necessary to ensure effective control of
sediment prior to discharge to the municipal separate storm sewer
system;
2.6.4 A finish inspection when all work, including installation of storm
management facilities, has been completed; and
2.6.5 An inspection to determine the effectiveness or operational viability cf a
permanent or long-term stormwater quality management practice.
Section 3 - Illicit Discharges
3.1 Prohibition of illegal discharges
3.1.1
Pursuant to the National Pollutant Discharge Elimination System
Municipal Separate Storm Sewer System (MS4) Program, illicit
discharges to the MS4 are defined as illegal. This is being done by
identifying both allowable and illegal non-stormwater discharges in a
manner that is in the best interest of the City of Jeffersonville, Indiana.
3.1.2 Except as hereinafter provided, all non-stormwater discharges into the
MS4 are prohibited and declared to be unlawful.
3.1.3
It is unlawful for any Person to connect any pipe, open channel, or any
other conveyance system that discharges anything except stormwater or
unpolluted water, which is approved by the City of Jeffersonville based on
exemptions listed in section 3.2 below, to the stormwater system.
3.1.4
It is unlawful for any Person to discharge waters from residential
construction activities that are not complying with the Standard of Practice
for Residential Construction Stormwater Management as approved and
advertised by the City'of Jeffersonville.
November 2,004
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City of Jeffersonville, Indiana
Illicit Dischar~le Detection & Elimination Ordinance
3.2
November 2004
3.1.5
In addition to illicit discharges, the discharge of spills and the dumping
and/or disposal of materials other than stormwater, including, but not
limited to, industrial and commercial wastes, commercial car wash
wastes, sewage, garbage, yard waste, trash, petroleum products,
including used motor vehicle fluids, as well as leaf litter, grass clippings,
and animal wastes into the MS4, whether directly or indirectly, are
prohibited, unless authorized under a NPDES permit.
Allowable Discharges
3.2.1
Unless the City of Jeffersonville has identified a discharge as an
unacceptable source of pollutants to the "Waters of the State of Indiana",
the following non-stormwater discharges into the MS4 are lawful:
3.2.1.1
3.2.1.2
3.2.1.3
3.2.1.4
3.2.1.5
3.2.1.6
3.2.1.7
3.2.1.8
3.2.1.9
3.2.1.10
3.2.1.11
3.2.1.12
3.2.1.13
3.2.1.14
3.2.1.15
3.2.1.16
3.2.1.17
Discharges from emergency fire fighting activities;
Diverted stream flows;
Rising ground waters;
Uncontaminated groundwater infiltration to separate storm
sewer systems (as defined by 40 CFR35.2005(20);
Uncontaminated pumped ground water;
Discharges from potable water sources as required for
system maintenance;
Drinking water line flushing;
Air conditioning condensate;
Uncontaminated landscape irrigation;
Uncontaminated irrigation water;
Lawn watering;
Uncontaminated springs;
Uncontaminated water from crawl space pumps;
Uncontaminated water from footing drains and pumps;
Individual residential car washing;
Flows from riparian habitats and wetlands;
Dechlorinated swimming pool discharges;
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City of Jeffersonville, Indiana November 2004
Illicit Dischar~le Detection & E imination Ordinance
3.3
3.2.1.18
Controlled flushing stormwater conveyances (contained and
treated bY appropriate BMPs);
3.2.1.19
Discharges made from residential construction sites fully and
completely utilizing guidance provided by "Standard of
Practice for Residential Construction Stormwater
Management";
3.2.1.20
Discharges within the constraints of a National Pollutant
Discharges Elimination SyStem (NPDES) permit from the
Indiana Department of Environmental Management (IDEM);
and
3,2.1.21 Discharges approved at the discretion of the City of
JeffersonVille.
Illegal Discharges
3.3.1
It shall be unlawful i for any Person to improperly dispose of any
contaminant into the MS4. Contaminants include, but are not limited to
the following:
3.3.1.1
3.3.1.2
3.3.1.3
3.3.1.4
3.3.1.5
3.3.1.6
3.3.1.7
3.3.1.8
3.3.1.9
3.3.1.10
3.3.1,11
3.3.1.12
3.3.1.13
3.3.1.14
3.3.1.15
3.3.1.16
3.3.1.17
3.3.1.18
3.3.1.19
3.3.1.20
3.3.1.21
3.3.1.22
Trash or debris;
Construction materials or uncontrolled sediment;
Petroleum products, including but not limited to oil,
gasoline, grease, fuel oil or hydraulic fluids;
Antifreeze and other automotive products;
Metals in either particulate or dissolved form;
Flammable or explosive materials;
RadioaCtive materials;
Batteries, including but not limited to, lead acid automobile
batteries, alkaline batteries, lithium batteries or mercury
batterieS;
Acids, alkalis or bases;
Paints, stains, resins, lacquers or varnishes;
Degreasers and/or solvents;
Drain cl,eaners;
Pesticides, herbicides or fertilizers;
Steam cleaning wastes;
Soaps, detergents or ammonia;
Swimming pool backwash including chlorinated swimming
pool discharge;
Chlorine, bromine and other disinfectants;
Heated, water;
Animal waste, either from domestic animals or from feeder
lot operations;
Leaking sanitary sewers and connections that have
remained uncorrected for more than seven (7) days;
Recreational vehicle waste;
Animal 'carcasses;
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City of Jeffersonville, Indiana
Illicit Dischar~le Detection & Elimination Ordinance
November 2004
3.3.1.23
3.3.1.24
3.3.1.25
3.3.1.26
3.3.1.27
3.3.1.28
3.3.1,29
3,3.1.30
3.3.1.31
3.3.1.32
3.3.1.33
3.3.1.34
3.3.1.35
3.3.1.36
3.3.1.37
3.3.1.38
3.3.1.39
3.3.1.40
3.3.1.41
3.3.1.42
3.3,1,43
3.3.1.44
3.3.1.45
3,3,1.46
3.3.1.47
3.3.1.48
Food wastes;
Medical 'wastes;
Bark and other fibrous materials;
Collected lawn clippings leaves or branches;
Silt, sediment or gravel;
Dyes, except with permission from the City of
Jeffersonville;
Chemicals not normally found in uncontaminated water;
Washing of fresh concrete for cleaning and/or finishing, or
to expose aggregates;
Junk mbtor vehicles;
Leading solid waste disposal containers;
Sewage dumping or dumping of sewage sludge;
Discharge of any polluted household wastewater, such as,
but not limited to, laundry wash water and dishwater,
except to a sanitary sewer or septic system;
Leaking water lines that have remained uncorrected for
seven days or more;
Commercial, industrial or public vehicle wash discharge;
Garbage or sanitary waste disposal;
Dead animals or animal fecal waste;
Dredged or spoil material;
Wreckgd or discarded vehicles or equipment;
Wash waters to the storm drain system from the cleaning
of gas ~tations, auto repair garages or other types of auto
repair facilities;
Wastewater to the storm drain system from mobile auto
washing, steam cleaning, mobile carpet cleaning and other
such mobile commercial and industrial operations;
Waters from areas where repair of machinery and
equipment, including motor vehicles, which are visibly
leaking oil, fluids or coolants is undertaken;
Watemfrom storage areas for materials containing grease,
oil, or hazardous materials or uncovered receptacles
containing hazardous materials, grease or oil;
Washing of toxic materials from paved or unpaved areas to
the MS4;
Discharge from the washing or rinsing of restaurant mats,
roof vents, grease traps, equipment or garbage bins or
cans in such a manner that causes non-stormwater to
enter the storm drain system;
Sewage, industrial wastes, or other wastes into a well or a
location that is likely that the discharged substance will
move into a well, or the underground placement of fluids
and other substances which do or may affect the waters of
the State; and
Any hazardous material or waste not listed above.
3.3.2 It is not the intent of the City of Jeffersonville to propose penalties for de
minimus discharges that have no significant adverse impact on safety,
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City of Jeffersonville, Indiana November 2004
Illicit Dischar~le Detection & Elimination Ordinance _
health, the welfare Of the environment or the functionality of the
stormwater drainage/collection system.
Section 4 - Accidental discharges
4.1
In the event of any discharge of a hazardous substance in amounts that could
cause a threat to public drinking supplies, a spill beyond that of de minimus
levels, or any other discharge that could constitute a threat to human health or
the environment, as may bel asserted by City of Jeffersonville, the owner or
operator of the facility shall give notice to the City of Jeffersonville and the IDEM
as soon as practicable, but in no event later than two hours after discovery of the
accidental discharge or the discharger becomes aware of the circumstances.
4.2
If an emergency response by governmental agencies is needed, the owner or
operator should call 911 immediately to report the discharge. Furthermore, as
required by the Indiana Spill Rule (327 lAC 2-6.1-7), reports must be made within
two (2) hours of discovery. A written report must be provided to the City of
Jeffersonville within five days of the time the discharger becomes aware of the
circumstances, unless this requirement is waived by the City of Jeffersonville for
good cause shown on a case-by-case basis, containing the following information:
4.2.1 A description of the discharge,
4.2.2 The exact dates and ti'roes of discharge, and
4.3
4.2.3 Steps being taken to eliminate and prevent recurrence of the discharge.
The discharger shall take all reasonable steps to minimize any adverse impact to
the MS4 or the Waters of Slate, including accelerated or additional monito~ring
necessary to determine the nature and impact of the discharge. It shall not be a
defense for the discharger in an enforcement action to claim that it would have
been necessary to halt or reduce the business or activity of the facility in order to
maintain water quality and minimize any adverse impact that the discharge may
cause.
Section 5 - Enforcement
5.1
The Person responsible for any connection in vioiation of this article shall
immediately cause the illegal connection to be disconnected and redirected, if
necessary, to the City of Jeffersonville's sanitary sewer system upon approval by
the City of Jeffersonville. Such Person shall provide the City of Jeffersonville
with written confirmation, satisfactory to the City of Jeffersonville or its designated
representative, that the connection has been disconnected, and, if necessary,
redirected to the sanitary sewer.
5.2
Any Person responsible for illicit discharges or noncompliance with BMPs at
industrial and/or constructiqn sites, and who fails to correct any prohibited
condition or discontinue any prohibited activity at the order of the City of
Jeffersonville, shall be liable to the City for expenses incurred in abating
pollution. This may include expenses incurred in testing, measuring, sampling,
November 2004
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City of Jeffersonville, Indiana November 2004
Illicit Discharge Detection & Elimination Ordinance
5.3
collecting, removing, treating, and disposing of the polluting materials and
preventing further noncompliance and/or illicit discharges.
The City of Jeffersonville may institute appropriate actions or proceedings by Ilaw
or equity for the enforcement of this ordinance. Any court of competent
jurisdiction shall have the 'right to issue restraining orders, temporary or
permanent injunctions, and other appropriate forms of remedy or relief. Each
day of noncompliance is considered a separate offense; and nothing herein
contained shall prevent the City of Jeffersonville from taking such other lawful
action as necessary to prevent or remedy any violation, including application for
injunctive relief. Any of the following enforcement remedies and penalties,
available to be applied independently or in a sequence deemed necessary, shall
be available to the City of Jeffersonville in response to violations of this
ordinance. If the Person, property or facility has or is required to have a
stormwater discharge permit from the IDEM, the City of Jeffersonville shall alert
the appropriate State authorities of the violation.
6.3.1
Notice Of Violation (NOV) - Whenever the City of Jeffersonville or its
designated representative finds that any Person owning or occupying a
premises has violated or is violating this ordinance or order issued
hereunder, the enforcement official may serve, by personal service, or by
registered or certified mail, upon said Person a written NOV. Within thirty
(30) days of the receipt of this notice, or shorter period as may be
prescribed in the NOV, an explanation of the violation and a plan for the
satisfactory correction and prevention thereof, which shall include specific
required actions, shall be submitted to the City of Jeffersonville or its
designated representative. Submission of this plan shall in no way relieve
liabilities for violations occurring before or after receipt of the NOV.
6.3.2
Revocation of permit - The City of Jeffersonville or its designated
representative may revoke and require the return of a permit or certificate
by notifying the permit holder in writing, stating the reason for the
revocation. Permits or certificates shall be revoked for any substantial
departure from the approved application plans or specifications, refusal or
failure to comply with the requirements of State or local law or for false
statements or misrepresentations made in securing the permit or
certificate. Any permit or certificate mistakenly issued in violation of any
applicable state or local law may also be revoked.
6.3.3
Stop Work Order - The City of Jeffersonville or its designated
representative, or their designee may issue a Stop Work Order and
require that all activities cease, except those actions that are necessary to
eliminate the illicit discharge. Unacceptable or untimely actions to
eliminate the illicit disbharge may be used as grounds to revoke permits
for the construction site as described in 6.3.2.
6.3.4
Compliance order -'If any Person shall violate the provisions of this
ordinance, the City of Jeffersonville or its designated representative, or
his/her designee may give notice to the owner or to any Person in
possession of the subject property ordering that all unlawful conditions
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Illicit Dischar~le Detection & E iminat on Ordinance
November 2004
6.3.5
existing thereupon be abated within a schedule defined from the date of
such notice.
6.3.4.1 The enforcement official shall have the authority to establish
elements of a stormwater pollution prevention plan and require
any business to adopt and implement such a plan as may be
reasonably necessary to fulfill the purposes of this chapter. The
enforcement official may establish the requirements of BMPs for
any premises.
6.3.4.2 The notice and order may be given, provided that if in the opinion
of the City of Jeffersonville or its designated representative, the
unlawful condition is such that it is of imminent danger or peril to
the public, then the City of Jeffersonville or its designated
representative may, with or without notice, proceed to abate the
same, and the cost thereof shall be charged against the property.
The City of Jeffersonville, as described further in this subsection,
may recover the cost of such actions from the property owner.
Civil Penalties - Any Person that has been found to have been in
violation of any provision of this ordinance, may be assessed a civil
penalty not to exceed the amount presented in this subsection.
6.3.5.1 The penalty shall increase by twenty-five percent (25%) of the
previous penalty amount for every subsequent but separate
offense made by the same Person. The penalty shall be in
addition to other enforcement actions of this section.
6.3.5.2 The penalty may be assessed for each day, beyond schedules
applied in compliance orders or other schedules issued to the
property owner or other Person responsible, for unauthorized
activity defined in this Ordinance.
6.3.5.3 In determining the amount of the penalty the Court shall consider
the following:
6.3.5.3.1
6.3.5.3.2
6.3.5.3.3
6.3.5.3.4
6.3.5.3.5
6.3.5.3.6
6.3.5.3.7
6.3.5.3.8
The degree and extent of the harm to the natural
resources, to the public health, or to the public or
private property resulting from the violation;
The duration and gravity of the violation;
The effect on ground or surface water quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or
intentionally;
The cumulative effect of other enforcement actions
applied for the same offense;
The prior record of the violator in complying or failing to
comply with the stormwater quality management
program; and
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City of Jeffersonville, Indiana
Illicit Dischar~le Detection & Eliminatioln Ordinance
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6.3.5.3.9 The costs of enforcement to the City of Jeffersonville.
6.3.5.4 The maximum civil penalties will be determined by the type of
offense. This indicates the maximum that may be imposed for a
first offense and does not reflect the increases described above
for repeat offenses.
6.3.5.4.1
Development without permit - $10,000
To engage in any development, use, construction,
remodeling or other activity of any nature upon land or
improvements thereon, subject to the jurisdiction of this
ordinance without all required permits, certificates or
other forms of authorization as set forth in this
ordinance.
6.3.5.4.2
Development inconsistent with permit - $5,000
To engage in any development, use, construction,
remodeling or other activity of any nature in any way
inconsistent with any approved plan, permit, certificate
or other form of authorization granted for such activity.
6.3.5.4.3
Violation by act or omission - $5,000
To violate, by act or omission, any term, variance,
modification, condition or qualification placed by the
City of Jeffersonville or its designated representative
upon any required permit, certificate, or other form of
authorization of the use, development, or other activity
upon land or improvements thereon.
6.3.5;4.4
Illici¢ Discharge - $5,000
Any Person who is found to have improperly disposed
of any substance defined as an illicit discharge, not an
allowable discharge or causes the City of Jeffersonville
to be in noncompliance with any applicable
environmental permit.
6.3.5.4.5
Household Products - $500
Any Person who is found to have improperly disposed
of anY substance not included in Section 3(a) or 3(b)
thai was purchased over-the-counter for household
use~ in quantities considered normal for household
purposes, which upon discharge to the MS4 or
drainage network would have an adverse impact on
water quality or cause the City of Jeffersonville to be in
noncompliance with any applicable environmental
permit.
6.3.5.5 In the event there are penalties assessed by the State against the
City of Jeffers0nville caused by any Person, said Person shall be
assessed the equivalent amount of civil penalty. This shall include
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City of Jeffersonville, Indiana November 2004
Illicit Dischar~le Detection & E m nation Ordinance
but is not limited to penalties for improper disposal or illegal
dumping, or illicit connection into the MS4.
6.3.6
Administrative Fee -, Any Person who undertakes any development
activity requiring a stormwater management plan hereunder ~vithout first
submitting the plan for review and approval shall pay to the City of
Jeffersonville, in addition to any permit or inspection fee, an
administrative fee of uP to $7,500.
6.3.7 Order to clean and abate/restore - Any violator may be required to clean
and/or restore land to [ts condition prior to the violation.
6.3.8
Cost Recovery - If corrective action, including maintenance delinquency,
is not taken in the time specified or within a reasonable time, the City of
Jeffersonville may take the corrective action and the cost of the corrective
action shall be the responsibility of the owner and/or the developer. The
cost of the abatement and restoration shall be borne by the owner of the
property and the cost shall be invoiced to the owner of the property. If the
invoice is not paid within ninety (90) days, the enforcement official shall
have the authority to place a lien upon and against the property. If the lien
is not satisfied within ninety (90) days, the enforcement official is
authorized to take all legal measures available to enforce the lien as a
judgment, including, Without limitation, enforcing the lien in an action
brought for a money judgment, by delivery to the assessor or a special
assessment against the property.
6.3.9
6.3.10
Injunctions and/or proceedings at law or in equity - Any violation of this
ordinance or of any condition, order, requirement, or remedy adopted
pursuant hereto may be restrained, corrected, abated, mandated, or
enjoined by other appropriate proceeding pursuant to State law.
Fee or utility credit revocation or adjustment - This enforcement tool is
intended to be available or used if there are, at any time, provisions for a
funding mechanism managed by the City of Jeffersonville. This
enforcement tool permits that credits (reductions), adjustments
(increases) or other measures to modify fees or utility charges may be
revoked or added, in full or in part, if any provisions of this article are
violated.
6.3.11
Civil Actions - In addition to any other remedies provided in this
ordinance, any violation of this ordinance may be enforced by civil action
brought by the City of Jeffersonville's attorney. Monies recovered under
this subsection shall be paid to the City of Jeffersonville to be used
exclusively for costs associated with implementing or enforcing the
provisions of this ordinance. In any such action, the City of Jeffersonville
may seek, as appropriate, any or all of the following remedies:
6.3.11.1 A temporary and/or permanent injunction;
November 2004
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City of Jeffersonville, Indiana November 2004
Illicit Dischar~le Detection & E m nation Ordinance
6.3.12
6.3.13
6.3.11.2
6.3.11.3
Assessment of the violator for the costs of any
investigation, inspection or monitoring survey which lead to
the establishment of the violation, and for the reasonable
costs oi preparing and bringing legal action under this
subsect!on;
Costs incurred in removing, correcting or terminating the
adverse effects resulting from the violation;
6.3.11.4
Compensatory damages for loss or destruction to water
quality, Wildlife, fish and aquatic life.
Emergency Orders and Abatements. The enforcement official may order
the abatement of any discharge from any source to the stormwater
conveyance system when, in the opinion of the enforcement official, the
discharge causes or threatens to cause a condition that presents an
imminent danger to the public health, safety, or welfare of the
environment or a violation of a NPDES permit. In emergency situations
where the property owner or other responsible party is unavailable and
time constraints are Such that service of a notice and order to abate
cannot be effected without presenting an immediate danger to the public
health, safety, or wel[are of the environment ora violation of a NPDES
permit, the City of Jeffersonville may perform or cause to be performed
such work as shall be necessary to abate said threat or danger. 'l'he
costs of any such abatement shall be borne by the owner and shall be
collectable in accordance with the provisions of this subsection.
6.3.14
Violations deemed a ,Public Nuisance. In addition to the enforcement
processes and penalties provided, any condition caused or permitted to
exist in violation of any of the provisions of this ordinance is a threat to
public health, safetyl welfare and environment and is declared and .
deemed a nuisance, and may be abated by injunctive or other equitable
relief as provided by State and local law.
6.3.15
Remedies Not ExcluSive. The remedies listed in this ordinance are not
exclusive of any remedies available under any applicable Federal, State
or local law and the City of Jeffersonville may seek cumulative remedies.
Section 7 - Appeals
Citizen Actions. Any ;citizen may commence a civil action, against any
Person who is alleged to be in violation of this ordinance, to the extent
permitted by the Clean Water Act (33 USC Sec. 1365), including an
action against the City of Jeffersonville for an alleged failure perform or
administer any act or duty under this ordinance that is not discretionary.
No action may be !aken against the City of Jeffersonville if it has
commenced and is diligently pursuing corrective or administrative actions,
or if the City of Jeffersonville is prosecuting a civil or criminal action
against an alleged violator in a court of appropriate authority or
jurisdiction within the State of Indiana.
November 2004
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City of Jeffersonville, Indiana November 2004
Illicit Discharge Detection & EliminatiOn Ordinance
7.1
The Stormwater Appeals Committee shall be composed of at least three (3)
people from or appointed bythe City Council in compliance with related State
law.
7.2
The Stormwater Appeals Committee shall be charged with addressing appeals to
violations and related matters of this ordinance.
7.3
In order to have an appeal considered, the applicant shall submit a written
request. The Committee shall have the authority to grant appeals to violations of
this Ordinance or overwrite decisions made by the City of Jeffersonville, provided
they are consistent with th~ objectives and policies of this ordinance. The
Committee does not have theiauthority to Permit actions by the applicant that are
based in the lack of proper planning or implementation of site development as
defined in this ordinance and other measures applied to the City of Jeffersonville.
7.4
The Committee will be made available to review accepted requests for appeals
on an as-needed basis. The decisions of the Committee are final and conclusive,
but may be reviewed through the appropriate court actions. The Committee shall
make its findings within five (5) business days after the appeal hearing.
7.5
Upon issuance of a decision, citation or notice of violation of this ordinance, it
shall be conclusive and final, unless the accused violator submits a written notice
of appeal to the City of Jeffersonville within ten (10) days of the violation notice
being served. If the City of Jeffersonville does not issue a decision within ten (10)
days of the written notice of appeal then the violation is considered upheld. If the
City of Jeffersonville does not reverse the decision, the aggrieved party may
appeal to the Stormwater APpeals Committee or successor, by filing a written
request for hearing within ten (10) days of the Committee' decision on the
appeal. The request for hearing shall state the specific reasons why the decision
of the City of Jeffersonville is alleged to be in error and shall be accompaniedl by
a cost bond in the amount of ~ive hundred dollars ($500.00) with sufficient surety
to secure the costs of the appeal, including the cost of court reporters,
transcripts, plan reviews and other costs.
Section 8 - Compatibility and Severability
8.1
Should any article, section, subsection, clause or provision of this ordinance be
declared by a court of competent jurisdiction to be unconstitutional or invalid,
such decision shall not affectlthe validity of the ordinance as a whole or any part
thereof, other than the part d6clared to be unconstitutional or invalid, each article,
section, clause and provision :being declared severable.
8.2
If any provisions of this ordinance and any other provisions of law impose
overlapping or contradictory regulations, or contain any restrictions covering any
of the same subject matter, that provision which is more restrictive or imposes
higher standards or requirements shall govern.
November 2004
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City of Jeffersonville, Indiana November 2004
Illicit Dischar~le Detection & Eliminatioln Ordinance
This Ordinance shall be in full force and effect from and after its passage and approval.
Passed this , \~ day of~, 200 ."~
obe~¢~~/~
Presiding Officer
ATTEST:
Clerk and Treasurer
Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this
~4~ day 2004 at m.
Peggy Wi~r-)
Clerk and Treasurer
This Ordinance approved and signed by me ~~DOa~LD,~C', 2004.
Robert"E. Waiz, J~. Mayor
November 2004
Page 16