HomeMy WebLinkAbout2005-OR-18Southern Indiana Stormwater Management Program
Example - Urban Construction .Site Runoff Control Ordinance
'---' ORDINANCE NO. 2005-OR- 18
AMENDING ORDINANCE NO. 2004-0R-56
CONSTRUCTION SITE RUNOFF CONTROL ORDINANCE
November 2004
BEFORE THE COMMON COUNCIL
FOP` THE CITY OF JEFFERSONVILLE
IN THE STATE OF INDIANA
CONSTRUCTION SITE RUNOFF CONTROL ORDINANCE
Section 1 -Title, Purpose and General Provisions
WHEREAS the Cit of Jeffersonville has made efforts to address the
·
management; and
WHEREAS the-Cit of Jeffersonville has been mandated b the United States
Envir ~ ·
of En ·
water ~ement s--.-stem'
· ·
WHE · .
WHEREAS, within the Construction Site Runoff.Control Ordinance .2004-OR-56
there
(1) Perimeter Control Plan
(2) Stormwater Pollution Prevention Plan
(3) Gradi.n~ Plan
(4) Draina.cle Plan
(5) Construction Plan
November 2004
.
issued' '
(1)' Perimeter/Outfai/Protection Permit
(2)
(3) Gradin.cl Permit
WHERE
~e char.qed as follows:
_
Residential Commercial
- Industrial.
1. Perimeter/Outfall Protection Permit
·
3. Grading Permit
3s,oo 50.00
3s.oo
action to require com liance with this Article.
Section 1'.1 - Title - ce"
This article shall be known as the "Construction Site Runoff Control Ordinan
of Jeffersonville, Indiana and may be so cited.
Section 1.2 - Jurisdiction
1.2.1 The Construction Site Runoff Control Ordinance shall govern ali properties
within the iurisdictional boundaries of Jeffersonville, Indiana.
1.2.2 There are two scenarios for permit application and processing procedures
as described by the following discussion'
1.2.2.1 For projects located within the City of jeffersonville's MS4
area, the project site owner shall submit an application for a
stormwater management permit to the City of Jeffersonville. The
application will include the information specified in Sections 3 and
4 of this ordinance. Four copies' of each application must be
submitted to the City of Jeffersonville. Additionally, the City of
Jeffersonv-iile may require digital submittal of construction plans in
an approved format. One copy of the application will be
forwarded to the Soil and Water Conservation District (8WCD) for
~ 2
.
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1.2.3
its review and comment. The remaining three copies will be
reviewed by departments 'within the City of Jeffersonville.
Once all comments have been compil~d from the departments
and the SWCD, the City of Jeffersonville will place the project on
the agenda of the next scheduled meeting of the Plan
.Commission. The City of Jeffersonville will furnish the applicant
with a complete liSt o.f comments and objections to the plans and
supporting documentation submitted by the applicant, at least 10
days prior to the scheduled meeting. Within 10 days after the
meeting, the City of Jeffersonviile will either issue a permit, or
request modification to the construction plans.
The-project site owner must notify the City of Jeffersonville and
the IDEM within 48 hours .prior to the commencement of
construction activities via the su.bmittal of an updated NOI. Upon
completion.of construction activities, stabilization of the project
site ~and removal of all tem~porary erosion protection and sediment
control measures, the applicant may submit a Notice of
Termination (NOT) to the City of Jeffersonville. The City of
Jeffersonville, or its designated representative, shall inspect the.
project site to verify that the requirements of the NOT have been
met. Once the applicant receives a verified copy of the NOT, the
applicant must forward a copy of the verified NOT to the IDEM.
1.2.2.2 For projects located only'partially inside the Cityof -
Jeffersonville's MS4 area, the project site owner must comply
with the requirements of this ordinance and may also be required
to comply with 327 lAC 15-5 (Rule 5)-or another MS4
community's construction site control ordinance. Such projects
must meet the requirements of this ordinance, at a minimum.
The following development activities are exempt from the provisions of this
ordinance.
1.2.3.1 Agricultural land management activities
1.2.3.2 Additions or modifications to existing .detached single-family
dwellings
1.2.3.3 Development that does not disturb more that 5,000 square feet of
land use. This exception may not be applied for contiguous
properties that may have been subdivided and/or are attributed to
multiple separate owners.
1.2.3.4 This exemption applies only to permitting procedu.res and does
not apply to any discharge of sediment or other form of water
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pollution that may leave a small site. These discharges may be
defined as illicit discharges.
Section 1.3 - Demonstration of Need
1.3.1 Whereas, uncontrolled stormwater drainage/discharge may have a
significant adverse impact on the health, safety and welfare of the citizens
of JeffersonVille, Indiana. More~specifically, surface water runoff-can carry
pollutants and sediment pollution into receiving waters. The potential
impacts include:
1.3.1.1
changing natural ecosystems through the destruction of habitat
and the loss of plant and animal life.
1.3.1.2 posing significant health risks through an increase in bacteria and
toxic materials.
1.3.'1.3 accelerating eutrophication of receiving waters by introducing
excessive nutrients.
1.3.1.4 increasing metal deposits creating toxicity for aquatic 'life.
1.3.1.5 reducing oxygen levels because of oil, grease and organic matter.
1.3.1.6 affecting animal and plant life, adversely, due to changing
temperatures of receiving waters.
1.3.1.7 accumulation of excess sediment and/or debris that limits the
function of flood control infrastructure.
1.3.2
Whereas, adverse water quantity and quality .consequences described
above may result in substantial economic losses. Potential losses include,
but are not limited to, increased wastewater treatment costs, diminished
property values, as well as state and federal fines assoCiated with water
quality violations.
1.3.3 Whereas, .every parcel of property, both private and public, either uses or
benefits from the City of Jeffersonviile's stormwater system.
1.3.4
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 the short-term and long-term public health, safety, general
welfare. This objective will be achieved by
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1.4.2
1.4.1.1 providing for regulation and management of Jeffersonville's
stormwater system, including public and private facilities in
Jeffersonville's service area. .
1.4.1.2 protecting, and preserving water quality and fish and wildlife
habitat within Jeffersonville and in downstream receiving waters.
1.4.1.3 protecting those downstream from water quality impairment.
Compliance with state and.federal stormwater regulations developed
pursuant to the Clean Water Act Amendments of 1987 and subsequent
amendments through 2001. The objectives of these regulations include'
1'.4.2.1 managing the quality of water discharged to the municipal
stormwater system by controlling the contribution of pollutants
associated with residential, commercial and industrial activity.
1.4.2.2 controlling stormwater Pollution caused by the suspension and
transport of soils and other sediments.
1.4.2.3 protecting or enhancing stormwater quality to a level of
"designated use" and minimize the impacts from new
development and/or areas of significant redevelopment.
.4.3 To help maintain a stable tax base by providing for the sound use and
development of flood,prone area in such a manner as to maximize
beneficial use without increasing flood hazard potential or. diminishing the
quality of the-natural stormwater resources.
.4.4 Minimize damage to public facilities and utilities such as water and gas
mains, electric telephone and sewer lines, streets and bridges.
.4.5 Ensure the use of the public and private stormwater management system
that will not result in excessive maintenance costs.
.4.6 Encourage the use of natural and aesthetically pleasing designs that
maximize preservation of natural areas.
.4.7 Control the discharge of sediment and construction site materials into the
stormwater system.
.4.8 Guide the construction of stormwater management facilities by developing
comprehensive master plans to address stormwater quantity and quality.
1.4.9 Encourage preservation of floodplains, floodways and open spaces to
protect and benefit the community's quality of life and natural resources.
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Section 1.5 - Definitions
Perimeter/Ouffoll Protection Permitis a legal documeht that allows the permit
holder to break ground or disturb soil in order to install sediment control practices
at the hydrologic perimeter / outfall(s) of a construction site. This document does
not [live permission to the permit holder to break ground or disturb soil on an
entire construction site, as is granted throu§h the issuance of a Stormwotor
Quality Management Permit.
Person means, except to the extent exempted from this ordinance, any
indiVi~-~al, partnership, firm, association, ioint 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.
: is a legal document that allows the
permit holder to break ~round or disturb soil on an entire .construction site within
the provisions of a Grading Plan and a StormWater Pollution Prevention Plan.
The permit addresses erosion prevention, sediment control and non-sediment
pollution prevention activities. The plans for this permit and the Perimeter/Ouffoll
Protection Permit are approved simultaneously. However, the Stormwater
Quality Management Permit is only issued after the provisions of the
Perimeter/Outfall Protection Permit have been implemented, inspected and
accepted. Approval of plans for a Stormwater Quality' Management Permit doe~
not constitute issuance of the permit.
Qualified Professional is a person who has been certified by Jeffersonville to be
qualified to inspect stormwater quality management activities and oversee
maintenance activities. ~'
Section 2- Authority and Right of Entry
2.1 Desi§nated representatives from 3effersonville shall have the right-of-entry
on or upon the property of any person subiect to this ordinance and any
permit/document issued hereunder.-The Jefferson¥ille representatives
shall be provided ready access to ali parts of the premises for the
purposes of inspection, monitodng, sampling, inventory, records
examination and copying, and the performance of any ~other duties
necessary to determine compliance with this ordinance.
2.2 Where a property, sito 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 designated
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2.3
2.4
2.5
2.6
Jeffersonviile staff will be permitted to enter without delay for the purposes
of performing specific responsibilities.
Designated Jeffersonville staff shall have the ri'ght to set up on a Person's
property such devices necessary to conduct sampling and/or metering of
the Person's stormwater operations or discharges.
Any temporary or permanent obstruction to safe and-easy access to the
areas to be inspected a.nd/or monitored shall be removed promptly by the
Person at the written or verbal request of Jeffersonville staff. The costs of
clearing such access shall be borne by the owner/operator.
The Jeffersonville Engineer or designee may inspect the facilities of any
Person 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,
Jeffersonville staff may seek issuance of an administrative search warrant.
The City of Jeffersonville 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'
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
inspections as 'necessary to ensure effective control of sediment
prior to discharge to the municipal separate storm sewer system.
2.6.4 inspections to verify that ,action plans identified in previous site
visits were successfully implemented.
2.6.5
a final inspection when ali work, including'inStallatio'n of storm
management facilities, has been completed.
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Section 3- Perimeter/Outfall Prote'ction Permit
3.1 A Perimeter/Outfall Protection permit must be issued prior to breaking
ground or disturbing soil in order to install sedim~.nt control practices at the
hydrologic perimeter / outfall(s) of a construction site. The permit.does not
give permission to the permit .holder to break ground or disturb soil on the
entire Construction site, as. is granted through the approval and issuance of a
Stormwater Quality Management Permit.
3.2 A Perimeter/Outfall Protection Permit is a predecessor to a Stormwater
QUality, Management Permit. While plans for both permits are approved
Simultaneously, the provisions of a Perimeter/Outfali Protection Permit must
be implemented, inspected and accepted by Jeffersonviile prior to issuance
of a Stormwater Quality' Management Permit.
3.3 A Perimeter/Outfall Protection Permit may only be issued after the review
and acceptance of a Perimeter Control Plan.
3.4 Securing' the perimeter prior to any land disturbance will decrease
sedimentation off-site once construction has begun. Perimeter protection
Shall focus on downstream points and outfall areas and does not necessitate
protection of the entire site boundary. Fffo~s shall be focused on those
areas where water flow.is most likely to exit the project Site.
·
3.5 Clearincj, except that necessary to establish sediment control devices shall
not begin until ali' sediment control devices have been installed and have
been stabilized. Sediment control devices prevent eroded soil from leaving
the project site 'through the site perimeter or outfalis.
3.6 Contractors shall install sediment control measures and regularly inspect and
maintain the facilities throughout construction.
3.7 Compliance with this ordinance requires that a grading plan be deVeloped
and submitted, a grading permit obtained, and a perimeter control plan be
implemented before any clearing or stripping.
3.8 Perimeter Control Plan
3.8.1 The Perimeter Control Plan shall include measures to prevent
sediment from leaving the site during initial disturbance activities and
prior to temporary or permanent erosion prevention and/or sediment
control practices.
3.8.2 The Perimeter Control Plan shall address downstream outfall points,
while the Grading Plan defines site-wide erosion prevention and
sediment control measures.
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November 2004
3.8.3 The Perimeter Control Plan shall address prevention ~of sediment
deposition on properties adjacent to the pro. ject site. Utilizing well-
vegetated buffer strips along lower perimeters, sediment barriers,
filters, diversion berms, sediment basins or other means accepted by
Jeffersonville may all be employed or combined to adequately protect
adjacent properties.
3.8.4 Selection of sediment control measures shall consider the type of flow,
site terrain, soil type, and other relevant factors. Buffer strips may only
.be utilized for sheet flow and must be at least, but not limited to,
twenty-five (25) feet in width- If ineffective, a single sediment control
device shall be supplemented with additional perimeter controls.
3.8.5 The Perimeter Control Plan shall address stabilizing construction
entrances/exits to reduce the amount of sediment transported onto
nearby roadways, and potentially into waterways. When crossing into
a public right-of-way, alley, sidewalk, or parking lot, traffic shall first
pass over a stabilized stone pad. This' pad shall be at least six (6)
inches thick, one-hundred (100) feet long, and contain two (2) to three
(3)-inch crushed coarse graded stone. If operating.under seasonally
wet conditions and/or soft soils, filter fabric shall underlie the stabilized
stone pad.
3.8.6 The Perimeter Control Plan shall address protection of o.utlets such as-
pipes, drains, culverts, conduits or channels by significantly minimizing
erosion and sedimentation by reducing the velocity of flows from the
project site. The placement of rock, grouted rip-rap, or concrete rubble
at the outlet of a pipe prevents scour of the soil around the culvert
.mouth caused by the high pipe flow velocities. The device dissipates
flow energy to prOduce non-erosive velocities.
3.9 Acceptance
3.9.1 Site inspection and approval by Jeffersonville must be.received before
any land disturbance or grading may proceed.
3.9.2 Jeffersonville shall make inspections of the site prior to the
acceptance of the perimeter protection plan. Inspection will be
Performed within seven (7) days after the submittal of the plan and
installation of the perimeter protection devices but before any
disturbance 'or clearing has 'been performed. The inspector shall
either approve the portion of work completed or shall' notify the
permittee wherein the work fails to comply with the perimeter
protection plan as approved.
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3.9.3 Inspection of perimeter protection BMPs shall consist of a visual
check-list for each type of. BMP, to ensure that each was designed
and installed according to site specific conditions.,
3.9.4 Acceptance of the perimeter control plan and inspection of the
appropriate BMPs shall compensate for and address any seasonal
variations which may hinder the effectiveness of the BMPs. Seasonal
variations may include changes in flow, hydrology, temperature, and
vegetation. -BMPs shall be designed according to these variati.ons
and appropriately to maintain a level of service.
3.10 The Indiana Department of Natural Resource's guidance documents,
including the "Handbook for Erosion Control in Developing Areas, 1985" or
the "Indiana Stormwater Quality Manual", should be reviewed and
considered when preparing the Perimeter Control Plan.
3.1 t Jeffersonv. ill'e reserves the right to develop or adopt oth'er guidance
documents to serve as design and implementation standards. Other
guidance docUments distributed by City/Town/County, Indiana, the City/
Town/County or the City of Jeffersonville should be reviewed and
considered when preparing the Perimeter Control Plan. These documents
may be applied by Jeffersonville as standards by which designs are to be
prepared and controls implemented.
Section 4 - Stormwater Quality Management Permit
4.1 The City of Jeffersonville requires that all development or redevelopment
activities that result in the disturbance of one (t) or more acres of land,
including land disturbing activities on individual lots of less than one (1)
acre as part of a larger common plan of development or sale, to obtain a.
Stormwater Quality Management Permit.
4.2 A Stormwater Quality Management Permit must be issued prior to the
initiation of any land disturbing activities to ensure the protection of the City
of Jeffersonville's stormwater system, public health, water quality and
aquatic life.
4.3 It will be the responsibility of the project site owner to complete a
stormwater permit application and to ensure that a sufficient construction
plan, including a Stormwater Pollution Prevention Plan (SWPPP), is
completed and submitted to the Jeffersonville Engineer in accordance with
this Ordinance.
4.4 It will be the responsibility of the project site owner to ensure compliance
with this Ordinance and implementation of the 8WPPP during the
construction activity, and to notify the City of jeffersonville of project
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November 2004
termination via a Notice of Termination (NOT) letter upon completion and
stabilization of the site. HoweVer, all persons engaging in construction and
land disturbing activities on a permitted project .site must comply with the
requirements of this Ordinance.
Submittal for a Stormwater Quality Management Permit applicati°n must
include a Notice of Intent letter with proof'of publication of a Public Notice,
Construction Plans, a Stormwater Pollution Prevention Plan and any other
necessary information or documentation requested by the City of
Jeffersonville.
4.5.1 The Notice of Intent (NOI) letter is a standard form that includes the
following information'
4.5.1.1 Name, mailing address and location of the' project site for
which the notification is submitted.
4.5.1.2
The project site owner's name, address, telephone
number, e-mail address (if available) and ownership status
as federal, state, public, private or other entity.
4.5.1.3
4.5.1.4
Contact person (if different than project site owner),
person's name, company name, address, e-mail address
(if available) and telephone number.
A brief description of the construction project, including a
statement of the total acreage of the project site. Total
acreage claimed in the NO! letter shall be consistent with
the acreage covered in the construction plan.
4.5.1.5
4.5.1.6
4.5.1.7
4.5.1.8
Estimated dates for initiation and completion of
construction activities.
The latitude and longitude of the approximate center of the
project site to the nearest fifteen (15) seconds, and the
nearest quarter section, township, range, and civil townshiP
in which the project site is located.
Total impervious surface area, in square feet, of the final
project site including structures, roads, parking lots, and
other similar improvements.
The number of acres to be involved in the construction
activities.
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4.5.1.9
4.5.1.10
Proof of publication of a Public Notice in a newspaper of
general circulation in the affected city notiCing the public
that construction activities are to commenco, and that
states the following:
4.5.1.9.1 "(Company name, address)is Submitting an NOI
letter to notify the City of Jeffersonville and the
Indiana Department of Environmental
Management of our intent to comply with the
requirements the [name of Ordinance] and the
requirements of 327 lAC 15-5 and 327 lAC 15-
13 to discharge-stormwater from construction
activities for the following project: (name of the
construction project, address of the location of
the construction project). Run-off from the project
site will discharge to (stream(s) receiving the
discharge(s))."
under
327
As applicable, a list of all MS4 areas designated
lAC 15-13 in which the project site lies.
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4.5.1.11
A signed certification by the operator that:
4.5.1.11.1
the stormwater quality measures included in
the construction plan comply with the
requirements of this Ordinance and that the
SWPPP complies with all applicable federal,
state, and local stormwater requirements;
4.5.1.11.2
the measures required by this Ordinance will.
be implemented in accordance with the
SWPPP;
4.5.1.11.3
stormwater quality measures beyond those
specified in the stormwater pollution prevention
plan will be implemented during the life of the
permit if necessary to comply with this
Ordinance; and
4.5.1.11.4
installation and maintenance of stormwater
quality measures will be inspected by trained
individuals.
4.5.1.12
4.5.1.13
4.5.1.14
The name of the receiving water(s) or, if the discharge is to
a municipal separate storm sewer,, the name of the
municipal operator of the storm seWer and the ultimate
receiving water.
The NOI letter must be signed by a Qualified Professional.
The NOI letter must be submitted to the City of
Jeffersonville Engineer/' Planning Department at the
following location/address'
4.5.1.1-4.1 Address of Engineer/Planning Department
City-County Building, City of Jeffersonville
Engineer, 501 East Court Ave., Jeffersonville,
IN 47130
4.5.2 Construction plan sheets and an accompanying narrative report shall
be submitted describing existing and proposed site conditions,
including the following'
4.5.2.1
Project narrative and supporting documents, including the
following information'
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4.5.2.1 .I
4.5.2.1.2.
4.5.2.1.3
4.5.2.1.4
4.5.2.1.5
4.5..2.1.6
4.5.2.1.7
4.5.2.1.8
4.5.2.1.9
November 2004
An index indicating the location in the
construction plans of all information required by
this subsection.
Description of the nature and .purpose of the
project.
Legal. description of the project site. The
description should be to the nearest quarter
section, township, and range, and include the
civil township.
Soil properties, characteristics, limitations, and
hazards associated with the project site and the
measures that will be integrated into the project
to overcome or minimize adverse soil
conditions.
General construction sequence of how the
project site will be built, including phases of
construction.
14-Digit Watershed Hydrologic Unit Code
(HUC).
A reduced plat or project site map showing the
10t numbers, lot boundaries, and road layout
and names. The reduced map must be legible
and submitted on a sheet or sheets no larger
than eleven (11 ) inches by seventeen (17)
inches for ali phases or sections of the project
site.
A general site plan. exhibit with the propoSed
construCtion are superimposed on ortho.aerial
map at a scale of 1"= ~ 00'. lhe exhibit sh°uld
provide 2-foOt contour information and include
all roads' and buildings within a minimum 500'
radius beyond the project boundaries.
Identification of any other state or federal water
quality permits that are required for construction
activities associated with the owner's' project
site.
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4.5.2.2 Vicinity map depicting the project site location in
relationship to recognizable local landmarks, towns, and
major roads, such as a USGS to. pographic quadrangle map
or county or municipal road map.
4.5.2.3
An existing project site layout that must include the
following information'
4.5.2.3.1
Location, name and normal water level of all
wetlands, lakes, ponds and water courses on, or
adjacent to, the project site.
4.5.2.3.2
Location of all existing structures on the project
site.
4.5.2.3.3
One hUndred (100) year floodplains, floodway
fringes, and floodways. Please note if none
exists.
4.5.2.3.4
Soil map of the predominant soil types, as
determined by the United States Department of
Agriculture (USDA), Natural Resources
Conservation Service (NRCS) Soil Survey or as
determined by a soil scientist. A soil legend must
be included with the soil map.
4..5.2.3.5
4.5.2.3.6
4.5.2.317
Identification and delineation of vegetative cover,
such as grass, weeds, brush, and trees, on the
project site.
Locati°n of st°rm,~ sanitary, combined sewer and
sePtic tank systems and oUtfalts.
Location of regUlated drains, farm drains, .inlets
and °utfalls, if any exist of record.
4.5.2.4
4.5.2.3.8 Land use of all adjacent properties.
4.5.2.3.9
Existing topography at a contour interval
appropriate to indicate drainage patterns.
Fin'al projeCt site layout, including the following information'
4.5.2.4.1 Location of all proposed site improvements,
including roads, utilities, lot delineation and
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4.5.2.5
identification, proposed structures, and common
areas.
4.5.2.4.2
One hundred (100) year floodplains, floodway
fringes, and floodways. Please note if none
exists.
4.5.2.4.3
Proposed final topography at a contour interval
appropriate to indicate drainage patterns.
A grading plan, including the following infOrmation.
4.5.2.5.1
The Grading Plan shall include provisions for
operation ~and maintenance of measures
identified in the Perimeter Control Plan.
4.5.2.5.2
The Grading Plan shall make clear the erosion
prevention and sediment controls which are most
appropriate to the specific site conditions.
4.5.2.5.3
The Grading Plan shall illustrate the location and
extent of erosion prevention and sediment
controls.
4.5.2.5.4
The Grading Plan shall include sequencing and
schedule information, structural and non-
structural Best Management Practices (BMPs),
temporary and permanent stabilization
measures.
4.5.2.5.5
'The. Grading Plan shall include anticipated
inspection, and maintenance requirements for
permanent and temporary measures. This shall
include the expected frequency of routine
inspections and maintenance activities (such as
removal of sediment and construction debris)
4.5.2.5.6
..
The Grading Plan shall include provisions for
construction phasing. This shall'be designed so
that stripping and clearing of the site exposes
only the area necessary for .immediate activities
and minimizes the amount of soil exposed at any
one time. This includes rough grading,
constructiOn of utilities, infrastructure and
buildings, and final grading and landscaping.
Phasing should identify the expected date on
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which clearing of the area will begin and the
estimated duration of exposure. Tho sequence of
phased clearing, and ,the installation of temporary
.and permanent erosion control measures should
be identified.
4.5.2.5.7
The Gradi.ng Pla'n shall include provisions for a
no-disturbance waterway buffer, including'
4.5.2.5.7.1
The no-disturbance waterway buffer
shall be defined as .twenty-five (25)
feet from the top of waterway bank
as defined by geomorphic shape
and not by the current water surface
elevation.
4.5.2.5.7.2
The no-disturbance waterway buffer
shall be applied to all waterways
and open-air drainage systems that
drain more one-hundred (100) acres
of tributary area or is presented on a
United State Geological Survey map
as a solid and dashed blue line
stream.
4.5.2.5.8
The Grading-Plan shall include provisions for
stabilizing denuded areas and soil stockpiles.
4.5.2.5.8.1
Soil stabilization shall be deSigned
to prevent the erosive forces of' rain
and water flow from washing soil
from the site. Soil stabilization
measures may be temporary and/or
permanent and should b.e
appropriate to the seasonal
hydrology, site conditions, and
estimated duration the measure will
be in place.
4.5.2.5'8,2
Denuded areas must be stabilized
with permanent or temporary soil
stabilization measures within 15
days of either achieving final grade,
or within 15 days to any area that
will remain dormant for over 60
days.
17
H:\Legal\OrdinanCes~mending 2004-OR-56 ConstructionSiteRunoffControlOrdinance.d°c
November 2004
4.5.2.5.8.3
Soil stockpiles, if left undisturbed for
15 or more days, shall be stabilized.
Sediment trapping 'measures such
as sediment traps and detention
ponds shall be utilized to prevent
soil loss from the project site
through the duration of soil
stockpiling practices.
4.5.2.5.9
The Grading Plan shall include provisions for
stabilizing cut and fill slopes.
4.5.2.5.9.1
Minimization of erosion must be
considered when designing and
constructing cut and fill slopes-.
Length, steepness, soil type,
uPslope tributary area, groundwater,
and other relevant factors must all
be taken into account.
4.5.2.5.9.2
Stabilization practices such as rock
rip-rap, geosYnthetic material, or
other methods approved by the City
of Jeffersonviile shall be used on cut
and fill slopes at 3 to 1 or greater.
4.5.2.5.9.3
Cut and fill slopes must be
stabilized with permanent or
temporary soil stabilization
measures within 15 days of either
achieving final grade, 'or within 15
days to any area that will remain
dormant for over 60 days.
4.5.2.5'10 The Grading Plan shall include provisions for
erosion prevention measures. Erosion
prevention measures shail"be designed to
minimize the suspension of sediment from the
soil. The controls may function independently or
in combination with sediment control measures,
to prevent sediment laden runoff from leaving the
construction site. Acceptable erosion prevention
practices include'
4.5.2.5.10.1 Phased Construction/Ciearin'g
H:~Legal\Ordinances~4~nending 2004-OR-56 ConstructionSiteRunoffControlOrdinance.doc
November 2004
4.5.2.5.10.2 Dust control
4.5.2.5.10.3 Construction Road Stabilization
4.5.2.5.10.4 Temporary seeding
4.5.2,5.10.5 Top Soiling
4.5.2.5.10.6 Mulching
4.5.2.5.10.7 Nets and Mats
4.5.2.5.10.8 Geotextiles
4.5.2.5.10.9 Terracing
4.5.2.5.10.10 'Soil bioengineering - slope and-
stream stabilization
4.5.2.5.10.11 Rip-rap
4.5.2.5.10.12 Channel linings
4.5.2.5.10.13 Temporary diversions, drains and
swales
4.5.2.5.10.14 Stream crossings
4.5.2.5.10.15 Water bar
4.5:2.5.10.16 Other measures reviewed and
accepted by the City of
Jeffersonville, are also appropriate
erosion prevention practices.
4.5.2.5.11The Grading Plan shall include provisions for
sediment control measures. Sediment control'
measures shall be designed-to remove sediment,
by settling, flocculating, filtering or other means,
from storm runoff prior to discharge from the
construction site.' T-he controls may function
independently or in combination with erosion
prevention measures, to prevent sediment laden
runoff from leaving the construction site.
Acceptable sediment control practices in include'
4.5.2.5.11.1 Stabilized construction entrance
4.5.2.5.11.2 Construction entrance tire washing
4.5.2.5.11.3 Buffer zones
4.5.2.5.11.4 Check dams
4.5.2.5.11.5 Silt fence
4.5.2.5.11.6' Double layered straw bale barrier
4.5.2.5.11.7 Sand bag barrier
4.5.2.5.11.8 Brush, rock filter and continuous
berms
4.5.2.5.11.9 Sediment traps
4.5.2.5.11.10 Temporary ~sedim. ent / detention
basin
4.5.2.5..11.11 Temporary inlet protection
4.5.2.5.11.12 Temporary outlet protection
19
HSLegal\OrdinancesXAmending 2004-OR-56 ConstructionSiteRunoffControlOrdinance.doc
November 2004
4.5.2.5.11.13 Infiltration systems
4.5.2.5.11.14 Wet detention ponds
4.5.2.5.11.15 Dry dete.ntion ponds
4.5.2.5.11.16 Constructed wetla.nds
4.5.2.5.11.17 Biofilter swales
4.5.2.5.11.18 Water quality inlets and
hydrodynamic separators
4.5' 2.5.11.19 Other measures reviewed and
accepted by the City of
Jeffersonville, are also appropriate
sediment control practices.
4.5.2.6 A drainage plan, including the following information'
4.5.2.6.1 An estimate of the peak discharge, based on the
ten (10) year storm event, of the project site for
both pre-construction and post-construction
conditions.
4.5.2.6.2 Calculation showi.ng that the Peak runoff rate post'
development for the 10-year and 100-year return
period stOrms of critical du.ration will not exceed
the 2-Year and 10-year return periOd pre-
development Peak "runoff rates, respectively.
4.5.2.6.3 Location, size, and dimensions of all stormwater
drainage systems, such as culverts, storm sewers,
and conveyance channels.
4.5.2.6.4 Locations where stormwater may be directly
discharged into ground water, such as abandoned
wells or sinkholes. Please note if none exists.
4.5.2.6 5 Locations of specific points where stormwater
discharge will leave the project site.
4.5.2.6.6 Name of all receiving waters, if the discharge is to
a separate municipal storm sewer, identify the
name of the municipal operator and the ultimate
receiving water.
4.5.2.6.7 Location, size, and dimensions of featUres, such
as permanent retention or detention facilities,
including existing or manmade wetlands, used for
the purpose of stormwater management. Include
existing retention or detention facilities that will be
20
H:\Legal\0rdinanceskAmending 2004-OR-56 ConstructionSiteRunoffControlOrdinance-doc
November 2004
maifit:ained, i:'~hl~!r~'~i~o'r:-6th~e~ise altered '~-hd:":-:.fie~
p6nds Or baSins tO-be:-~.~-b'i!t:and the basis oftheir"
design. ,
4.5,2.6.8 The:'estimated'depth and .amOunt of.StOrage
required bY.the design of-the .new pond(s) or
basin(s).
4.5.2.7 A Stormwater Pollution Prevention Plan (SWPPP) for
construction, activities must be designed to, at a minimum,
meet the requirements of this Ordinance, and must include
the following'
4.5.2.7.1
Location, dimensions, detailed specifications,
and construction details of all temporary and
permanent stormWater quality measures.
4.5.2.7.2
Temporary stabilization plans and sequence of
implementation.
4.5.2.7.3
Permanent stabilization plans and .sequence of
implementation.
4.5.2.7.4
Temporary and permanent stabilization plans
shall include the following'
4.5.2.7.4.1 Specifications and application rates
for soil amendments and seed
mixture's.
4.5.2.7.4.2 The type and application rate for
anchored mulch.
4.5.2.7.5
Construction sequence describing the
relationship between implementation of
stormwater quality measures and stages of
construction activities.
4.5.2.7.6
Anticipated inspection and maintenance
requirements for permanent and temporary
measures. This shall include' the expected
frequency of routine inspeCtions and
maintenance activities (such as removal of waste
concrete)
HSLegal\OrdinancesXAmending 2004-OR-56 ConstructionSiteRunoffControlOrdinance-d°c
November 2004
4.5.2.7.7
A description of potential pollutant sources
associated with the construction aCtivities that
may reasonably be expected to add a significant
amount of pollutants to stormwater discharges,
including'
4.5.2.7.7.1 Waste concrete management
4.5.2.7.7.2 Material delivery, handling and
storage
4.5.2.7.7.3 Sanitary / septic waste management
4.5.2.7.7.4 Solid waste / trash and debris
management -
4.5.2.7.7.5 Spill prevention control and
countermeasures
4.5.2.7.7.6 VehiCle and equipment cleaning,
fueling and maintenance
4.5.2.7.7.7 Sensitive and vegetated area
preservation
4.5.2.7.8
4.5.2.7.9
Material delivery, handling and storage
associated with co.nstruction activities shall meet
the spill prevention and spill response
requirements of 327 lAC 2,6.1.
The SWPPP must include provisions for
addressing the following issues as applicable to
the site-specific construction activities'
4.5.2.7.10
4.5.2.7.11
4.5.2.'7.12
4.5.2.7.13
Dewatering operations
Contaminated soil management
Hazardous materials and waste
management
Pesticides, herbicides and fertilizer
use
415.2.7.14 Collection system maintenance
22
HSLegal\OrdinancesXAmending 2004-OR-56 ConstructionSiteRunoffC°ntr°lOrdinance"d°c
· November 2004
4.5.2.7.15 Drainage system-flushing
4.5.2.7.16 Over-war. er activities
4.5.2.7.17 A'typiCaler°si0n and"~sediment control plan!f°r
individual lots.
4.5.2.7.18 Self-monitoring program including plan and
procedures.
4.5.2.8 The Indiana Department of ~Natural Resource's guidance
dOcuments, including the "Handbook for Erosion Control in
Developing Areas, 19.85" or the "Indiana Stormwater Quality
Manual",. should be reviewed and considered when
preparing the Grading Plan and Stormwater Pollution
Prevention Plan.
4.5.2.9 Jeffersonville reserves the right to develop or adopt other
guidance documents to serve as design and
implementation standards. Other guidance documents
distributed by City/Town/County, Indiana, the City/Town/
County or the City of Jeffersonville should be reviewed and
considered when preparing the. Gradi~ng.Plan and.
-~ .StormWater Pollution Preventi°n ~Pian. These documents
may be applied by Jeffersonville as standards by which
designs are to be prepared and controls implemented.
H:~Legal\OrdinancesXAmending 2004-OR-56 ConstructionSiteRunoffContr°lOrdinance'd°c
NoVember 2004
Requirements for Individual Lots
4.6.1 Although no permit is required for individual lots disturbing less than
1 acre within a larger permitted project, a formal stormwater_ =, review
will-be required prior to the issuance of a building permit.
stormwater mana~omerit measures necessary to comply with this
implemented in accordance with the permitted
ordinance
must
be
plan for the larger project.
4.6.2 The City of Jeffersonville requires individual lot operators, whether
owning the property or. acting as the agent of the property owner, to.
submit the following information for review and approval, prior to the
issuance of a building permit:
4.6.3 A site location plan showing the individual lot and all adjacent lots
dimensions, elevations, drainage patterns and swales.
4.6.4 An erosion and sediment control plan that, at a minimum, includes
the following measures'
4.6..4.1 Installation and maintenance of a stable construction site
access.
4.6.4.2 Installation and maintenance of appropriate perimeter
erosion and sediment control measures prior to land
disturbance.
4.6.4.3 Sediment discharge and tracking from each lot must be
minimized throughout the land disturbing activities on the lot
until permanent stabilization has been achieved.
4.6.4.3.1 Clean-up of sediment that is 'either tracked or
washed onto 'roads. Bulk clearing of sediment
shall not include flushin~ the area'with water.
Cleared sediment must be redistributed or
disposed of in a manner that is in compliance with
all applicable statutes and rules.
4.6.4.3.2 Adjacent lots disturbed by an individual lot
operator must be repaired and stabilized with
temporary or permanent surface stabilization.
4.6.4.3.3 Self-monitoring program, including a plan and
procedure.s.
HSLegal\OrdinancesXAmending 2004-OR-56 Constructions iteRunoffControlOrdinance,d°c
November 2004
4.6.4.4 Certification of Compliance stating that the individual lot-plan
is consistent with'the stormwater management permit
apprOved by the City of Jeffersonyille for the larger project.
4.6.4.5 The individual lot operator is responsible for the installation
and maintenance of all erosion and sediment 'control
measures until the site is stabilized.
H:\Legal\Ord inanc es~a, mending 2004-OR-56 ConstructionS iteRuno ffControlOrd inance.doc
November 2004
4.7 Stormwater Quality Management Permit Termination
4.7.1 The project site owner Shall plan an orde. rly and timely termination
of the construction activities, including the implementation of
stormwater quality measures that are to remain on the proiect site.
4.7.2 The proiect site owner shall submit a Notice of Termination (NOT)
letter to the City of Jeffersonville and the IDEM and in accordance
with the following'
4.7.2.1 Except as provided in 4.9.2.2, the project site owner shall
submit an NOT letter when the following conditions have
been met'
4.7.2.1.1
All land disturbing activities, including
cOnstruction on all building lots, have been
completed and the entire site has been
stabilized.
4.7.2.1.2
Ali temporary erosion and sediment control
measures have been removed.
4.7 2.2 The NOT letter must contain a verified statement that each
of the conditions in this subdivision has been met.
4,7,2.3 The project site owner may submit an .NOT letter to obtain
early release from compliance with this Ordinance, if the
foilowincj conditions are met:
4.7.2.3.1
The remaining, undeveloped acreage does not
exceed five (5) acres, with contiguous areas not
to exceed one (1) acre.
4.7,2,3,2
A map of the project site, clearly identifying all
remaining undeveloped lots, is attached to the
NOT letter. The map must be accompanied by a
list of names and addresses of individual lot
owners or individual lot operators of all
undeveloped lots.
4.7.2.3.3
Ali public and common improvements, including
infrastructure, have been completed and
permanently stabilized and have been
transferred to the appropriate local entity.
4.7,2,3.4
The remaining acreage does not pose a
significant threat to the integrity of the
HSLegal\OrdinancesXAmending 2004-OR-56 ConstructionSiteRunoffContr°lOrdinance'd°c
November 2004
4.7.2.3.5
infrastructure, adjacent properties, or water
quality.
All permanent storm water quality-measures
have been implemented and are operational.
4.7.2.4 Following acceptance of the NOT letter and written
approval for early release under subsection 4.9.2, the
project site owner shall notify all current individual lot
owners and all. subsequent individual lot owners of the
remaining undeveloped'acreage and acreage with
construction activity that they are responsible for complying
with this Ordinance. The remaining individual lot owners do
not need to submit an NOI letter or NOT letter. The notice
must contain a verified statement that each of the
conditions in. subsection 4.9.2.1.1 have been met. The
notice must also inform the individual lot owners of the
requirements to'
4.7.2.4.1 install and maintain appropriate measures to
prevent sediment from leaving the individual
building lot; and
4 7.2.4.2 maintain all erosion and sediment control
measures that are to remain on-site as part of
the construction plan·
4.7.2.5 The SWCD; DNR-DSC', other entity designated by the
department or a regulated MS4 entity, or the department
may inspect the project site to evaluate the adequacy of
the remaining storm water quality measures and
compliance with the NOT letter requirements. If the
inspecting entity finds that the project site owner.has
sufficiently .filed an NOT letter, the entitY shall forward
notification to the department. Upon receipt of the verified
NOT letter by the department and receipt of written
approval froi'n the department, the project site owner shall
no longer be responsible for compliance with this rule.
4.7.2.6 After a verified NOT letter has been submitted for a-project.
site, maintenance of the remaining storm water quality
measures shall be the responsibility of the individual lot
owner or occupier of the property.
H:XLegal\OrdinancesXAmending 2004.OI/.-56 ConstructionSiteRunoffContr°lOrdinance'd°c
November 2004
4.7.3
. .
A Stormwater Quality Management Permit shall .be considered open
and active until a time when Jeffersonville accepts the site
conditions and as-built requirements haxte been completed.
4.7.4 Acceptance of site conditions shall be made by Jeffersonville or its
designated representative based upon an inspection. If.any of the
following items are deemed to be insufficient, not appropriate and/or
inconsistent with the Grading Plan, Stormwater Pollution Prevention
Plan or objectives stated in this ordinance the approval will not be
granted.
4.7.4.1 Pipes, channels, catch basins, water quality treatment
devices and other infrastructure are clear of sediment,
obstructions and debris, and are designed and operating as
appropriate for final site conditions.
4.7.4.2 Slopes are permanently stabilized.
4.7.4.3 Temporary erosion prevention or sediment control devices
(such as silt fence and staking, outlet protection, etc.) have
been removed (as appropriate) and any resulting soil
disturbance stabilized.
4.7.4.4 Temporary pollution prevention practices have been
demobilized or removed and affected areas stabilized.
4.7.4.5 Sediment has been removed and slopes stabilized for
.permanent flood control and water quality control practices.
4.7.4.6 Detention p°nd grading is stabilized and/or excess sediment
removed so that actual volume is at least equal to designed
volume and condition.
4.7.4.7 'Other. items as deemed to be important by Jeffersonviile or
its designate.
4.7.5 As-built Requirements
4.7.5.1 Prior to issuance of a use and occupancy permit or final
release of bond, the as-built condition of'critical stormwater
management facilities must be reviewed and approved.
4.7.5.2 The volume, capacity, slope, configuration, condition, "as-
planted" plans and topographic information, as well as all
pipe size, material, lengths, for all detention, retention and
water quality practices shall be certified by a Professional
HSLegai\OrdinancesXAsnending 2004-OR-56 ConstructionSiteRunoffContr°lOrdinance'd°c
November 2004
Engineer licensed in the State of Indiana. This information
shall be provided to Jeffersonville in the form of an as-built
drawing or other electronic form accepted/required by
Jeffersonville. The as-built certification shall indicate if final
conditions are consistent with, or exceed, the Stormwater
Quality Management Permit provisions.
4.7.5.3 If it is determined that information provided in the as-built
drawing, certification, inspection or survey of the site do not
meet or exceed the Stormwater Quality Management Permit
requirements, the City of Jeffersonville reserves the right to
withhold certification of occupancy or final bond.
Furthermore, other enforcement mechanisms, as identified
within this ordinance, may be applied to the Person certifying
the as-built information.
4.7.5.4 If upon inspection by Jeffersonviile or designated agent ~it is
determined that there is an item that must be addressed to
receive acceptance~ of site Conditions, then the Person shall
be required to continue inspections and maintenance as
described in the Stormwater Quality Management Permit.
29
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November 2004
. . ·
Section 5- Inspections and Maintenance
5.1
Permittee Performed Inspections and Maintenance
5.1.1
Permittee Performed Inspections (Self Inspections) must be
performed by a Qualified Professional.
5.1.2
Inspections shall be performed at all control-measures every
fourteen (14) days ~and within twenty-four (24) hoUrs of a one
quarter (0.25) inch rain event. The inspections will determine the
overall effectiveness of the Grading and Stormwater Pollution
Prevention Plans, needed maintenance activities and the need for
additional control measures.
5.1.3 Ali inspections shall be documented in written form and made
available to Jeffersonville or'submitted at the time interval specified
in the approved permit.
5.1.4
Inspections-shall be performed consistent with specific visual
maintenance checklists approved by Jeffersonville.
5.1.5
Documentation of permittee performed inspections and inspection
findings shall be kept on site, if appropriate facilities (such as a
project trailer or building) are available. In the event, that
appropriate faCilities are not available then a copy of the most
recent inspection shall be displayed at the site along with other
documents that must be displayed to the public .per other local,
state and federal regulations.
5.1.6
5.1.7
Documentation of permittee performed inspections and inspection
findings shall be made available within three (3). days of a request
by Jeffersonville or designated agent, Failure to post or timely
submit documentation as requested will be assumed to indicate
that inspections were not performed and may result in
corresponding enfOrcement procedures.
Inspection documentation reports shall include, but are not limited
to:
5.1.7.1
The address of the site.
5.1.7:2
The parcel identification' number.
5.1.7.3
The name of the owner or owner's agent.
5.1.7.4
The location of the stormwater system(s).
30
HSLegal\OrdinancesXAmending 2004-OR'56 ConstructionSiteRunoffControlOrdinance.doc
November 2004
5.1.7.5
5.1.7.6
5.1.7.7
5.1.7.8
5.1.7.9
5.1.7.10
A description of the current operational or functional
status of the stormwater system(s). For sediment control
structures, an indication of used and remaining, capacity
(fraction, percentage, depth or volume) shall be given to
identify when the control must be cleaned out.
Identification of any necessary repairs, sediment/debris
removal" or replacement of all or portions of the
stormwater system(s).
The results of any field or laboratory analyses performed.
Other relevant Or unusual observations related to the
system(s).
Action plan to prevent premature stormwater system
failure as consistent with the Stormwater Quality
Management Permit provisions.
Action plan to prevent the premature system failure that
exceeds the Stormwater Quality Management Permit
provisions, but are necessary to prevent stormwater
pollution from leaving the site.
5.2
Oversight Inspections
5.2.1 Jeffersonvnille or designated agent have the authority to
periodically inspect the site of land disturbing activities for which
permits have been issued. Jeffersonville may make inspections of
the site at their discretion and shall either approve the portion of the
work completed or shall notify the permittee wherein the work fails
to corn-ply with the Grading or Stormwater Pollution Prevention
Plans as approved or is ineffective (regardless of consistency with
an approved Grading Plan').
5.2.2 Jeffersonville or' its designated agent's inspections and findings will
be presented and. reviewed with the permittee at the time of
inspection (as available to site personnel), and be available in the
City of Jeffersonville permit file with in 7 days.
5.2.3 In order to obtain inspections, the permittee shall notify
Jeffersonville at least two (2) working days before the following
activities.
31
H:XLegaI\Ordinances~ending 2004-OR-56 ConstructionSiteRunoffControlOrdinance'd°c
November 2004
5.3
5.2.3.1 Perimeter/Outfall Protection Permit Approval - Prior to the
initiation of the project after perimeter protection erosion
prevention and sediment control practices have been
installed, but prior to disturbance of the remaining site.
5.2.3.2
Bond release inspections.
5,2.3.3
Upon completion of the project in order to receive
approval to cease permittee inspections in compliance
with the Stormwater Quality Management Permit:
5.2.4
Jeffersonville or its designated agent may identify any repairs,
sediment/debris removal or replacement of all or portions of the
stormwater system(s) necessary to comply with the obiectives of.
this ordinance and the Stormwater Quality Management Permit.
5.2.5
5.2.6
Jeffersonviile or its designated agent may develop and require the
implementation of an action plan and compliance schedule that
prevents the premature stormwater quality management system
failure as consistent with the Stormwater Quality Management
Permit provisions.
Jeffersonville.or its designated agent may develop and require the
implementation of an action plan to prevent the premature system
failure that exceeds the Stormwater Quality Management Permit
provisions, but are necessary to prevent stormwater pollution from
leaving the site.
Maintenance
5.3.1
5.3.2
Maintenance must be performed under the direction and/or
supervision of a Qualified Professional.
Maintenance of erosio.n prevention, sediment control and pollution
prevention practices shall be performed according to the Grading
and Pollution Prevention Plans.
5.3.3
Maintenance activities shall be performed in accordance with action
Plans developed through the course of permittee performed
inspections. This may represent activities that exceed provisions of
the Grading and Pollution Prevention Plans, but are necessary to
prevent stormwater' pollution from leaving the site.
5.4
Qualified Professional Registration and Certification
HSLegalSOrdinancesXAmending 2004-OR-56 ConstructionSiteRunoffControlOrdinance'd°c
November 2004
5.4.1
A Qualified Professional is required to perform routine inspections
and direct and/or supervise maintenance activities to ensure that
the Stormwater Quality Management Permit provisions are being
implemented properly.
5.4.2 Ali Qualified Professionals performing inspections or overseeing
maintenance activities under this Ordinance must be registered
with Jeffersonville and certified prior to execution of those actions.
All applicants must file an application With Jeffersonville. Applicants
must demonStrate knowledge of 1 .) construction practices', 2.)
operational standards, 3.) cause and failure indicators and 4.)
maintenance measures used to prevent and correct failures.
5.4.3
Jeffersonviile reserves the right to require that Qualified
ProfeSsional applicants pay a registration fee.
5.4.4
5.4.5
5.4.6
Jeffersonville reserves the right to require that Qualified
Professional applicants satisfactorily complete a training course
approved by Jeffersonville.
Jeffersonviile reserVes the right to.require that Qualified
Professional applicants be re-certified as often as every five (5)
years.
Jeffersonville reserves the right to require-that Qualified
Professional applicants successful pass a written exam covering
construction practices, operational standards, causes and
indicatOrs of stormwater quality management system failures and
corrective actions as approved-by Jeffersonville.
5.4.7' Jeffersonville may de-certify any Qualified Professional under one
or more of the following circumstances:
5.4.7.1
The. individual fails to comply With the regulation.
5.4.7.2
5.4.7.3
Jeffersonville determines that the individual is
incompetent.
The individual is unable to properly perform an evaluation
of a stormwater quality management system.
5.4.7.4
The individual is negligent in the discharge of its duties
as outlined in the certification requirements.
5.4.7.5
The individual submits false or misleading information.
33
H:XLegal\OrdinancesXAmending 2004-OR-56 ConstructionSiteRunoffControlOrdinance'd°c
November 2004
5.4.7.6 The individual does not maintain the required certification
as required by this Ordinance. ·
5.4.8
Jeffersonville shall give written notice to a Qualified Professional
before s/he is de-certified. The inspector shall be given an
opportunity at an informal meeting with Jeffersonville to
demonstrate why s/he should not be de-certified. Any Qualified
Professional who is de-certified may appeal that decision by
following the procedure in Section 7 of this Ordinance.
5.4.9
If a Qualified Professional is de-certified, he/she may apply for re-
certifiCation contingent upon completing the requirements
established in this ordinance after a period of at least one (1) year.
Re-certification shall not be permitted prior.
5.5
Responsibilities of Jeffersonville
5.5.1 Administer and enforce this Ordinance.
5.5.2 Develop and administer a process for certifying Qualified
Professionals.
5.5.3 Maintain a list of certified Qualified Professionals.
5.5.4 Require corrective actions where there is evidence of a system
failure.
5.5.5 Establish criteria for the inspections and the certification of
Qualified Professionals and make such criteria-and related forms
available to the public.
5.6
Fees
5.6.1
5.6.2
Jeffersonville reserves the right to require fees to Cover expenses,
including but not limited to overhead, labor, storage, training, etC.,
associated with .the certification, training and inspection process.
Fees shall be paid prior to-a certification training course and/or
exam.
Section 6 - Enforcement
6.1 Jeffersonviile may institute appropriate actions or proceedings at law 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 form's of remedy or relief.
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6.2
6.3
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 is necessary to prevent or remedy any violation,
including application for injunctive relief.
Any of the following enforcement remedies and penalties 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 Indiana EPA, the City of
Jeffersonville shall alert the appropriate state authorities of the violation.
6.3.1
Notice of Violation (NOV) -Whenever designated City of
Jeffersonville staff find that any person, company or facility 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
designee. 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 designee
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
Compliance order- If any person, company or facility shall violate
the provisions of this o'rdinance, the City of Jeffersonville, or'its.
designee, may give notice to the owner or to any person in
possession of the subject property, ordering that all unlawful
conditions existing thereupon be abated within a schedule defined
from the date of such notice.
6.3.3.1
The enforcement official shall have the authority to
establish elements of a stormwater pollution prevention
plan', and to require any business to adopt and implement
H:\Legal\OrdinancesXAmending 2004-OR-56 ConstructionSiteRunoffControlOrdinance.doc
November 2004
such a plan, as may be reasonably necessary to fulfill the
purposes of this chapter. The enforcement official may
establish the requirements of Best Management
Practices for any premises.
6.3.3.2.
The notice and order may be given provided, that if, in
the opinion of the CitY of Jeffersonville or its designee,
the unlawful condition is such that it is of imminent
danger or peril to the public, then an authorized
Jeffersonville representative may, 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.
6.3.4
Civil Penalties.-Any person, company or facility who 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.
[Need to determine consistency with state enablin.q le_qislationl
6.3.4.1
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, company,
construction site or-facility. The penalty shall be
additional to other enforcement actions of this section.
6.3.4.2
[Need to determine consistency with state enablin_q
legislationl
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.
6.3.4.3
In determining the amount of the penalty the Court shall
consider the following'
6.3.4.3.1' 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;
6.3.4.,3.2 The duration and gravity of the violation;
6.3.4.3.3 The effect on ground or surface water quality;
6.3.4.3.4 The cost of rectifying the damage;
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November 2004
6.3.4.3.5 The amount of money saved by .noncompliance;
6.3.4.3.6 Whether 'the violation was committed willfully or
intentionally;
6.3.4.3.7 The cumulative effect of' other enforcement actions
applied for the same offense;
6.3.4.3.8 The prior record of the violator in complying or
failing to comply with the stormwater'quality
management program; and
6.3.4.3.9 The costs of enforcement to the City of
Jeffersonville.
6.3.4.4
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. .
6.3.4.4.1
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 4.4.2 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.
6.3.4.4.3 Violation by act or omission- $5,0.00
TO violate, by act or omission, any term, variance,
modification, condition, or qualification placed by
Jeffersonville or its agent departments upon any
required permit, certificate, or other form of
authorization' of the use, development, or other
activity upon land or .improvements thereon.
6.3.4.5
In the event there are penalties assessed by the State
against the City of Jeffersonville caused by any person,
company or construction site or facility, the said shall be
assessed the equivalent amount of civil penalty. This
shall include, but is not limited to penalties for improper
disposal or illegal dumping, or illicit con.nection into the
municipal separate storm sewer system.
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November 2004
6.3.5 Administrative fee- Any person, company or facility who
undertakes any development activity req.uiring a stormwater
management plan hereunder without 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 $5,000.
6.3.6
Order to clean .and abate / restore - Any violator may be required to
clean and/or restore land to its condition prior to the violation.
6.3.7
Cost recovery- If corrective action, including maintenance
delinquency, is not taken in the time specified, or within a
reasonable time, if no time is specified, the City of Jeffersonville
may take the corrective action, and the cost of the corrective action
shall be the responsibility of the owner and/or the developer. The
cost of the abatement and restoration shall be borne by the owner
of the property and the cost therefore shall be invoiced to the owner
of the property. If the invoice is not paid within ninety (90) days, the
enforcement official shall have the authority to place a lien upon
and against the property. If the lien is not satisfied within .ninety (90)
days, the enforcement official is authorized to take all legal
measures as are available to enforce the lien as a judgment,
including, without limitation, enforcing the lien in an action brought
for a money judgment, by delivery to t~he assessor or a special
assessment against the property.
6.3.8
injunctions and/or proceedings at law or in equity - Any violation of
this Ordinance o'r of anY Con~liti°n,-order, requirement, or remedy
adopted pursuant hereto may be restrained, corrected, abated,
mandated, or enjoined by other appropriate proceedings pursuant
to state laW.
6.3.9
Fee or utility credit revocation- This enforcement tool is intended
to be available or used if there are, at any time, provisions for a
funding mechanism managed by the City of Jeffersonville. This
enforcement tool permits that credits or other measures to reduce
fees or utility charges may be revoked, in full or in part, if any
provisions of this article are violated.
6.3.10 Civil actions - In addition to any other remedies provided in this
chapter, any violation of this chapter may be enforced by civil action
brought by the City of Jeffersonville'$ 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
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City of Jeffersonville may seek, as appropriate, any or all of the
following remedies:
·
6.3.10.1 A temporary and/or permanent injunction;
6.3-. 10.2 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 of preparing and bri'nging legal
actiOn under this subsection;
6.3.10.3
Costs incurred in removing, correcting, or terminating
the adverse effects resulting from the violation;
6.3.10.4
Compensatory damages, for loss or destruction to
water quality, wildlife, fish and aquatic life.
6.3.11 Emergency Orders and Abatements.,. The enforcement official may
order the abatement of any discharge from any source to the
stormwater convoyance system when, in the opinion of the
enforcement official, the discharge causes or threatens to cause a
condition which presents an imminent dan~er to the public health,
safety, or welfare, the environment, or a violation of an NCDF. S
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 dan~er to the public health, safety, or
wolfare, or the environment or a violation of a N~DF_S permit, the
City of Jeffersonville may perform or cause to be performed such
work as shall be necessary to abate said threat or danger. The
costs of any such abatement shall be borno by the ownor and shall
be collectable in accordance with tho provisions of this subsection.
Section 7 - Appeals
7.1 The-Stormwater Appeals Committee or its successor shall be charged
with addressing appeals to violations a.nd related matters of this
Ordinance.
7.2
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 the objectives and policies
of this Ordinance. The Committee does not have the authority to permit
actions by the applicant that are based in lack of proper planning or
implementation of site development as defined in this ordinance and other
measures applied to Jeffersonville.
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November 2004
7.3
7.4
The Committee will be made available to review accepted request(s) for
appeals on an as-needed basis. The decisions of the Committee are final
and conclusive, but may be reviewed through ~he appropriate court
actions. The Committee shall make its fin{lings within five (5) business
clays after the appeal heari-n~.
Upon issuance of a decision, citation or notice of Violation of this article 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 City of Jeffersonville's ~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 accompanied by
a cost bond in the amount of five 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 - 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 affect the validity of the
Ordinance as a whole or any part thereof other than the part..declared 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.
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, "'~ November 2004
This Ordinance shall be in full force and effect from and after its passage and
approval.
Passed this
,
day of ~20
Robert L. Waiz~ Jr.
Presiding Officer
ATTEST'
Clerk and Treasurer
Presented
Jeffersonville this ~C~':"-day of ~, &---,---,~'\ ,2005 at
Clerk and Treasurer
This. Ordinance approved and signed a'y of
2005.
Robe~ L. Waiz~r., Mayor
/
by me as Clerk and Treasurer to the Mayor of said
m.
City of
HSLegal\OrdinancesXArnending 2004-OR-56 ConstructionSiteRunoftControlOrdinance. doc