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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Section 17-107. Legislative Findings. This Article establishes 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. This Article applies to any construction or land development activity of one acre or more that disturbs or breaks the topsoil or results in the movement of earth within the City of South Bend, so as to reduce or eliminate pollutants in storm water run-off from construction activities. It also applies to construction activities that disturb less than one (1) acre if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. Construction activities include but are not limited to clearing and grubbing, grading, excavation, and demolition. Section 17-108. Incorporation of National Pollutant Discharge Elimination System (NPDES) General Permit Rules. The National Pollutant Discharge Elimination System (NPDES) General Rules as set forth more specifically in 327 IAC 15-5-2 and 327 IAC 15-5-3 shall apply within the City of South Bend and are incorporated in this Article as if fully set forth herein. Section 17-109. Definitions. (a) All of the definitions set forth in 327 IAC 15-5-4 which cover the subject matter of Storm Water Run-off Associated with Construction Activity shall apply within the City of South Bend and are incorporated herein by reference. (b) As used in this Article the word City shall mean employees or designees of the City of South Bend designated to enforce this Article. (c) As used in this Article, Rule 5 shall mean Rule 5 of the NPDES General Permit Rule Program which governs Storm WaterRun-off Associated with Construction Activity and which is codified at 327 IAC 15-5-1 through 327 IAC 15-5-12. (d) As used in Article, MS4 Operator shall mean the City of South Bend in its capacity as the owner and operator of a municipal separate storm sewer system (MS4) or its employees or designees charged with the enforcement of this Article. Section 17-110. Notice of Intent Letter. The Notice of Intent Letter (NOI) submittal requirements and construction plan submittal requirements shall be as described in 327 IAC 15-5-5 and 327 IAC 15-5-6. The NOI shall be submitted to the City of South Bend, the Indiana Department of Environmental Management, and any other entity as required by 327 IAC 15-5.