HomeMy WebLinkAbout2004-OR-56Southern Indiana Stormwater Management Program November 2004
Example - Urban Construction Site Runoff Control Ordinance
ORDINANCE NO. 2004-OR-56
BEFORE THE COMMON COUNCIL
FOR THE CITY OF JEFFERSONVILLE
IN THE STATE OF INDIANA
CONSTRUCTION SITE RUNOFF CONTROL ORDINANCE
Section t - Title, Purpose and General Provisions
Section 1.1 - Title
This article shall be known as the "Construction Site Runoff Control Ordinance" of
Jeffersonvifle, Indiana and may be so cited.
Section 1.2 - Jurisdiction
1.2.1 The Construction Site Runoff Control Ordinance shall govern all properties within
the jurisdictional 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 Jeffersonville 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
(SWCD) for its review and comment. The remaining three copies will
be reviewed by departments within the City of Jeffersonviile.
Once all comments have been compiled 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 of 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 Jeffersonville 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 submittal of an updated NOI. Upon completion of
construction activities, stabilization of the project site and removal of all
temporary 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
November 2004
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.
1.2.3
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 procedures and does not
apply to any discharge of sediment or other form of water 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.
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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 Jeffersonville's stormwater system.
1.3.4 Whereas, current and anticipated growth will contribute to and increase the need
for an effective stormwater system.
Section t.4 - Objectives
1.4.1 Protection of the short-term and long-term public health, safety, general welfare.
This objective will be achieved by
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.
1.4.2
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.
1.4.3
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.
1.4.4 Minimize damage to public facilities and utilities such as water and gas mains,
electric telephone and sewer lines, streets and bridges.
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1.4.5 Ensure the use of the public and private stormwater management system that
will not result in excessive maintenance costs.
1.4.6 Encourage the use of natural and aesthetically pleasing designs that maximize
preservation of natural areas.
1.4.7 Control the discharge of sediment and construction site materials into the
stormwater system.
1.4.8 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.
Section 1.5 - Definitions
Perimeter/Outfall Protection Permit is a legal document 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 give permission to
the permit holder to break ground or disturb soil on an entire construction site, as is
granted through the issuance of a Stormwater Quality Management Permit.
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.
Stormwater Quality Management Permit: is a legal document that allows the permit
holder to break ground 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/Outfall 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 does 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
Designated representatives from Jeffersonville shall have the right-of-entry on or
upon the property of any person subject to this ordinance and any
permit/document issued hereunder. The Jeffersonville representatives 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
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2.2
2.3
2.4
2.5
2.6
performance of any other duties necessary to determine compliance with this
ordinance.
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 designated Jeffersonville staff will be
permitted to enter without delay for the purposes of performing specific
responsibilities.
Designated Jeffersonville staff shall have the right 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 and/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 all work, including installation of storm
management facilities, has been completed.
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Section 3 - Perimeter/Outfall Protection Permit
3.1
A Perimeter/Outfall Protection Permit must be issued prior to breaking ground or
disturbing soil in order to install sediment 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/Outfall Protection Permit must be implemented,
inspected and accepted by Jeffersonville prior to issuance of a Stormwater Quality
Management Permit.
3.3 A Perimeter/Outfafl 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. Efforts shall be focused on those areas where water floW is
most likely to exit the project site.
3.5
Clearing, except that necessary to establish sediment control devices shall not
begin until all 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 outfalls.
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.
3.8.3 The Perimeter Control Plan shall address prevention of sediment deposition
on properties adjacent to the project site. Utilizing well-vegetated buffer strips
along lower perimeters, sediment barriers, filters, diversion berms, sediment
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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 outlets 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.
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 variations and appropriately to maintain a level
of service.
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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.
3.11
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 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 (1) 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 SWPPP during the construction activity, and
to notify the City of Jeffersonville of p[oject 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.
4.5
Submittal for a Stormwater Quality Management Permit application 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.
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4.5.1.3
4.5.1.4
4.5.1.5
4.5.1.6
4.5.1.7
4.5.1.8
4.5.1.9
4.5.1.10
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 NOI letter shall be consistent with the acreage
covered in the construction plan.
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.
Proof of publication of a Public Notice in a newspaper of general
circulation in the affected city notifying the public that
construction activities are to commence, 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))."
As applicable, a list of all MS4 areas designated under 327 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
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.
4.5.1.13 The NOI letter must be signed by a Qualified Professional.
4.5.1.14
The NOI letter must be submitted to the City of Jeffersonville
Engineer/Planning Department at the following
location/address:
4.5.1.14.1
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:
4.5.2.1.1
An index indicating the location in the construction
plans of all information required by this subsection.
4.5.2.1.2 Description of the nature and purpose of the project.
4,5.2.1.3
Legal description of the project site. The description
should be to the nearest quarter section, township,
and range, and include the civil township.
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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
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 lot
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 all
phases or sections of the project site.
4.5.2.2
4.5.2.3
4.5.2.1.9
Identification of any other state or federal water
quality permits that are required for construction
activities associated with the owner's project site.
Vicinity map depicting the project site location in relationship to
recognizable local landmarks, towns, and major roads, such as a
USGS topographic quadrangle map or county or municipal road
map.
An existing project site layout that must include the following
information:
4.5.2.3.1
Location, name ~d; .~ i 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
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4.5.2.3.5
4.5.2.3.6
soil scientist. A soil legend must be included with the
soil map.
Identification and delineation of vegetative cover,
such as grass, weeds, brush, and trees, on the
project site.
4.5.2.3.7
4.5.2.4
4.5.2.5
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.
Final project site layout, including the following information:
4.5.2.4.1
Location of all proposed site improvements, including
roads, utilities, lot delineation and 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-structura~
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
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4.5.2.5.6
4.5.2.5.7
4.5.2.5.8
temporary measures. This shall include the expected
frequency of routine inspections and maintenance
activities (such as removal of sediment and
construction debris)
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 which clearing of the area will
begin and the estimated duration of exposure. The
sequence of phased clearing and the installation of
temporary and permanent erosion control measures
should be identified.
The Grading Plan 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 ~id~a~h~ blue line stream.
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 be appropriate to the seasonal
hydrology, site conditions, and
estimated duration the measure will be
in place.
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4.5.2.5.9
4.5.2.5.10
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.
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.
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
Jeffersonville 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.
The Grading Plan shall include provisions for erosion
prevention measures. Erosion prevention measures
shall 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/Clearing
4.5.2.5.10.2 Dust control
4.5.2.5.10.3 Construction Road Stabilization
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4.5.2.5.11
4.5.2.5.10.4
4.5.2.5.10.5
4.5.2.5.10.6
4.5.2.5.10.7
4.5.2.5.10.8
4.5.2.5.10.9
4.5.2.5.10.10
4.5.2.5.10.11
4.5.2.5.10.12
4.5.2.5.10.13
4.5.2.5.10.14
4.5.2.5.10.15
4.5.2.5.10.16
Temporary seeding
Top Soiling
Mulching
Nets and Mats
Geotextiles
Terracing
Soil bioengineering - slope and stream
stabilization
Rip-rap
Channel linings
Temporary diversions, drains and
swales
Stream crossings
Water bar
Other measures reviewed and
accepted by the City of Jeffersonville,
are also appropriate erosion prevention
practices.
The 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. The 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
4.5.2.5.11.2
4.5.2.5.11.3
4.5.2.5.11.4
4.5.2.5.11.5
4.5.2.5.11.6
4.5.2.5.11.7
4.5.2.5.11.8
4.5.2.5.11.9
4.5.2.5.11.10
4.5.2.5.11.11
4.5.2.5.11.12
4.5.2.5.11.13
4.5.2.5.11.14
4.5.2.5.11.15
4.5.2.5.11.16
4.5.2.5.11.17
4.5.2.5.11.18
Stabilized construction entrance
Construction entrance tire washing
Buffer zones
Check dams
Silt fence
Double layered straw bale barrier
Sand bag barrier
Brush, rock filter and continuous berms
Sediment traps
Temporary sediment / detention basin
Temporary inlet protection
Temporary outlet protection
Infiltration systems
Wet detention ponds
Dry detention ponds
Constructed wetlands
Biofilter swales
Water quality inlets and hydrodynamic
separators
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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
4.5.2.6.3
4.5.2.6.4
4.5.2.6.5
4.5.2.6.6
4.5.2.6.7
Location, size, and dimensions of all stormwater
drainage systems, such as culverts, storm sewers, and
conveyance channels.
Locations where stormwater may be directly
discharged into ground water, such as abandoned
wells or sinkholes. Please note if none exists.
Locations of specific points where stormwater
discharge will leave the project site.
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.
Location, size, and dimensions of features, such as
permanent retention or detention facilities, including
existing or manmade wetlands, used for the lose of
4.5.2.6.8
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:
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4.5.2.7.1
4.5.2.7.2
4.5.2.7.3
4.5.2.7.4
4.5.2.7.5
4.5.2.7.6
4.5.2.7.7
Location, dimensions, detailed specifications, and
construction details of all temporary and permanent
stormwater quality measures.
Temporary stabilization plans and sequence of
implementation.
Permanent stabilization plans and sequence of
implementation.
Temporary and permanent stabilization plans shall
include the following:
4.5.2.7.4.1 Specifications and application rates for
soil amendments and seed mixtures.
4.5.2.7.4.2 The type and application rate for
anchored mulch.
Construction sequence describing the relationship
between implementation of stormwater quality
measures and stages of construction activities.
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)
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
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4.5.2.7.8
4.5.2.7.9
4.5.2.7.17
4.5.2.7.7.7 Sensitive and vegetated area
preservation
Material delivery, handling and storage associated
with construction 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
4.5.2.7.14
4.5.2.7.15
4.5.2.7.16
Dewatering operations
Contaminated soil management
Hazardous materials and waste
management
Pesticides, herbicides and fertilizer use
Collection system maintenance
Drainage system flushing
Over-water activities
4.5.2.8
4.5.2.9
4.5.2.7.18 Self-monitoring program including plan and
procedures.
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
Grading Plan and Stormwater Pollution Prevention Plan.
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 Grading Plan and Stormwater Pollution Prevention Plan.
These documents may be applied by Jeffersonville as standards
by which designs are to be prepared and controls implemented.
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4.6 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. All stcrmwater
management measures necessary to comply with this ordinance must be
implemented in accordance with the permitted 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
flushing 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
procedures.
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 Jeffersonville 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.
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4.7 Stormwater Quality Management Permit Termination
4.7.1
The project site owner shall plan an orderly and timely termination of the
construction activities, including the implementation of stormwater quality
measures that are to remain on the project site.
4.7.2
The project 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 All 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 following
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
All 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 infrastructure, adjacent
properties, or water quality.
4.7.2.3.5 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
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4.7.3
4.7.4
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 from 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.
A Stcrmwater Quality Management Permit shall be considered open and
active until a time when Jeffersonville accepts the site conditions and as-
built requirements have been completed.
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.
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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 pond 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 Jeffersonville 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 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 Jeffersonville 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.
H:kLe~al\Ordinances\Construction Site RunoffControl Ordinance.doc
22
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
All 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
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.
5.1.7 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).
5.1.7.5
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.
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5.2
5.1.7.6
Identification of any necessary repairs, sediment/debris
removal or replacement of all or portions of the stormwater
system(s).
5.1.7.7 The results of any field or laboratory analyses performed.
5.1.7.8
Other relevant or unusual observations related to the
system(s).
5.1.7.9
Action plan to prevent premature stormwater system failure as
consistent with the Stormwater Quality Management Permit
provisions.
5.1.7.10
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.
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 comply 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.
5.2.3.1
PerimetedOutfall 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
24
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November 2004
5.2.5
stormwater system(s) necessary to comply with the objectives of this
ordinance and the Stormwater Quality Management Permit.
5.2.6
Jeffersonvifle 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.
5.3 Maintenance
5.4
5.3.1 Maintenance must be performed under the direction and/or supervision of
a Qualified Professional.
5.3.2
Maintenance of erosion 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.
Qualified Professional Registration and Certification
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
All 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 Jeffersonville reserves the right to require that Qualified Professional
applicants pay a registration fee.
5.4.4
Jeffersonville reserves the right to require that Qualified Professional
applicants satisfactorily complete a training course approved by
Jeffersonville.
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5.5
5.4.5
5.4.6
5.4.7
5.4.8
5.4.9
Jeffersonville 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.
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 Jeffersonville determines that the individual is incompetent.
5.4.7,3
5.4.7.4
The individual is unable to properly perform an evaluation of a
stormwater quality management system.
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.
5.4.7.6
The individual does not maintain the required certification as
required by this Ordinance.
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.
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.
Responsibilities of Jeffersonville
5.5.1
5.5.2
5.5.3
5.5.4
Administer and enforce this Ordinance.
Develop and administer a process for certifying Qualified Professionals.
Maintain a list of certified Qualified Professionals.
Require corrective actions where there is evidence of a system failure.
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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
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.
5.6.2 Fees shall be paid prior to a certification training course and/or exam.
Section 6 -Enforcement
6.1
Jeffersonville 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 forms of remedy or relief.
6.2
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.
6.3
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
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November 2004
6.3.3
6.3.4
or certificate mistakenly issued in violation of any applicable state or local
law may also be revoked.
Compliance order - If any person, company or facility shall violate the
provisions of this ordinance, 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 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.
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.qislation~
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.
[Need to determine consistency with state enablin.q
le.qislationl
6.3.4.2
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.
6.3.4.3
In determining the amount of the penalty the Court shall
consider the following:
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November 2004
6.3.4.3.1
6.3.4.3.2
6.3.4.3.3
6.3.4.3.4
6.3.4.3.5
6.3.4.3.6
6.3.4.3.7
6.3.4.3.8
6.3.4.3.9
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
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, er 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 - $5,000
To violate, by act or omissiofi, 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 connection into the municipal separate storm
sewer system.
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November 2004
6.3.5
6.3.6
6.3.7
6.3.8
6.3.9
6.3.10
Administrative fee - Any person, company or facility who undertakes any
development activity requiring 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.
Order to clean and abate / restore - Any violator may be required to clean
and/or restore land to its condition prior to the violation.
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 the assessor or a special assessment against the property.
Iniunctions 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 proceedings pursuant to state law.
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.
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'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:
6.3.10.1
6.3.10.2
A temporary and/or permanent injunction;
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 bringing legal action
under this subsection;
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November 2004
6.3.11
Section 7 - Appeals
7.1
7.2
7.3
7.4
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.
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 which presents an
imminent danger to the public health, safety, or welfare, the environment,
or a violation of an 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 welfare, or the environment or a 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. The costs of
any such abatement shall be borne by the owner and shall be collectable
in accordance with the provisions of this subsection.
The Stormwater Appeals Committee or its successor shall be charged with
addressing appeals to violations and related matters of this Ordinance.
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.
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 the appropriate court actions. The Committee shall
make its findings within five (5) business days after the appeal hearing.
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
H:kLegal\Ordinances\Construction Site R~noffControl Ordinance.doc
31
November 2004
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.
This Ordinance shall be in full force and effect from and affer,,.....iSz~sage and approval.
Passed this L~ day °f '~x' 2004' ~_~//)
Robert L.'VWaiz, Jr/
Presiding Officer /
ATTEST:
Peggy ~Vildel, O O
Clerk and Treasurer
~z:x_resented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this .
,2004 at m.
Peggy Wil~'
Clerk and Treasurer
This Ordinance approved and signed by me this ~_~ay of_~, 2004.
Robert L. Waiz,/Sayor
q
day of
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