9543-04 Amend the Municipal Code book - Adding new article 12, to Chapter 17 - Regulating Storm Water Discharges from Construction sites

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ORDINANCE NO. S ~ 3"O t AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDING A NEW ARTICLE 12 TO CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE REGULATING STORM WATER DISCHARGES FROM CONSTRUCTION SITES AND FOR THE CONTROL OF EROSION AND SEDIMENT STATEMENT OF PURPOSE AND INTENT The Federal Clean Water Act, 33 U.S.C.1251 etseq. and Rule 13 of the State of Indiana, 327 IAC 15-13 designate the City of South Bend, Indiana as a Municipal Separate Storm Sewer System (MS4). As a designated MS4 the City of South Bend is required to implement, manage and enforce a program to reduce or eliminate pollutants in storm water run-off from construction activities that result in land disturbance equal to or greater than one acre and control of storm water discharges from construction activity disturbing less than one acre if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. During the construction process, soil is vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches and the dredging of lakes. In addition, clearing and grading during construction cause the loss of native vegetation necessary for terrestrial and aquatic habitat. The purpose of this ordinance is to establish requirements within the City of South Bend for storm water discharges from construction activities of one (1) acre or more so that the public health, existing water uses, and aquatic biota are protected. The ordinance will promote the public welfare by guiding, regulating and controlling the design, construction, inspection, use and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth in the City of South Bend. This Ordinance adopts and incorporates by reference Chapter 5 of the NPDES General Permit Rule Program which covers "Storm Water Run-Off Associated with Construction Activity", 327 Indiana Administrative Code (IAC) 15-5-1 et seq. NOW, THEREFORE, BE IT ORDAINED that the South Bend Municipal Code shall include anew Article 12 of Chapter 17 which shall read as follows: Section I. The title to the new Article 12 of Chapter 17 of the South Bend Municipal Code shall be as follows: Construction Site Storm Water Run-off Control; Erosion and Sediment Control; and Site Development Permit. Section II. The provisions of the new Article 12, Chapter 17 of the South Bend Municipal Code, numbered 17-107 through 17-118 shall be and read as follows: