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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twenty calendar days and completion of final landscaping. (c) The permittee shall make regular inspections of all control measures in accordance with 327 IAC 15-5-7. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional correctional measures. Section 17-115. Project Termination. The procedures for termination of construction activities shall be as described in 327 IAC 15-5-8 of Rule 5. Section 17-116. Enforcement. (a) The City of South Bend and any designated agent of the City shall have the authority to enforce this Article. All persons engaging in construction activities on a project site must comply with the approved ESCP for the project site and with the requirements, provisions and regulations of this Article. Any person causing or contributing to a violation of any requirement, provision, or regulation of this Article maybe subject to enforcement and penalty under the terms of this ordinance. If the violation is of such a nature to materially adversely affect the public health, existing water uses and aquatic biota of the City of South Bend, the City or a designated agent may suspend or revoke the Site Development Permit and place an immediate "Stop Work Order" at the site. (b) Each action causing a violation will constitute a separate and single violation. Each day that a violation exists constitutes a separate violation, and is subject to penalty or prosecution as a separate violation. (c) Any person performing land disturbing activities prior to submitting an ESCP for approval by the City and properly notifying IDEM shall be subject to enforcement and penalty as described in 327 IAC 15-5-10. Section 17-117. Penalty Procedures. (a) The City or a designated representative will employ the following procedures with regard to assigning penalties to enforce the requirements, provisions and regulations of this ordinance. 1. First Violation -means the initial determination of a violation or group of violations at a project site. Upon ascertaining and documenting the occurrence of a first violation at a project site, the City or designated representative will make a corrective recommendation to the owner/developer responsible for correcting the violation, together with a notice that the correction must be accomplished within ten (10) working days after the issuance of the notice to prevent the citation of a second violation with regard to the same condition or conditions that caused the first violation. 2. Second Violation -means the determination that after ten (10)