HomeMy WebLinkAbout9543-04 Amend the Municipal Code book - Adding new article 12, to Chapter 17 - Regulating Storm Water Discharges from Construction sitesORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana
November 8,
Attest:
JOHN
20 04
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 9, 20 04
Ciry Clerk
Approved and signed by me November 12 20 04
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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:
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.
Section 17-111. Construction Plan Requirements.
The Erosion and Sediment Control Plan (ESCP) requirements shall be as described in 327
IAC 15-5-6.5 of Rule 5 and conform to the City of South Bend Drawing and Specification Standards,
latest edition.
Section 17-112. Storm Water Quality Control Requirements.
Storm water quality control measures included in the plan must achieve the minimum project
site requirements specified in 327 IAC 15-5-7 and 327 IAC 15-5-7.5 of Rule 5. The storm water
quality control measures shall conform to the City of South Bend Design Criteria, latest edition.
Section 17-113. Site Development Permit.
(a) No construction project site owner (permittee) shall be granted a Site
Development Permit for a project site where the proposed land disturbance is one (1) acre or more
without the approval of the ESCP by the MS4 Operator.
(b) The ESCP shall be submitted by the construction project site owner in triplicate
to the City of South Bend Engineering Department, Attn: MS4 Operator, 227 W. Jefferson
Boulevard, 1316 County-City Building, South Bend, Indiana 46601.
(c) The City of South Bend shall provide a copy of the ESCP to the local Soil and
Water Conservation District (SWCD) for their comments and recommendations. All comments
received by the local SWCD shall be made available to the applicant during the review and approval
process.
(d) Each ESCP submittal shall include the name, address and phone number of the
Owner or Developer of the site and any consulting firm retained by the applicant together with the
name of the applicant's principal contact at such firm. It shall also include a statement by the Owner
or Developer of the site that any land clearing, construction, or development involving the movement
of earth by any party on the project site shall be in accordance with the approved ESCP. Each ESCP
shall be accompanied by a $100 filing fee made payable to the City of South Bend.
(e) The Site Development Permit is granted by the MS4 Operator for a period of five
(5) years. Other provisions for duration of coverage shall be as described in 327 IAC 15-5-12.
Section 17-114. Inspection.
(a) The City of South Bend shall make inspections as required and either shall
approve that portion of the work completed or shall notify the permittee that the work fails to comply
with the approved ESCP.
(b) To initiate inspections, the permittee shall notify the MS4 Operator in writing,
at least two working days before the following: start of construction, completion of site clearing,
close of construction season, and commencement of work when the site has been dormant for at least
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)
working days past the notification of a first violation, the condition or conditions
constituting the first violation remain uncorrected or otherwise not compliant with
the requirements, provisions or regulations of this ordinance. Upon ascertaining and
documenting the occurrence of a second violation at a project site, the City or
designated representative will again issue anon-compliance citation to the
owner/developer along with a notice that the correction must be accomplished within
five (5) calendar days from the date of the citation to prevent the citation of a third
violation regarding the same condition. The civil penalty for the citation of a second
violation will be Two Hundred and Fifty Dollars ($250.00). If the penalty is not paid
within thirty (30) days, the citation may be enforced in Court by any remedy allowed
by Law and an action may be maintained to recover the costs of corrective measures
employed by the City, if the owner/developer does not make a good faith effort to
correct the violation, in addition to the fine or penalty referred to above.
3. Third Violation -means the determination that after five (5) working
days past the notification of a second violation, the condition or conditions
constituting the second violation remain uncorrected or otherwise noncompliant with
the requirements, provisions, or regulations of the ordinance. Upon ascertaining and
documenting the occurrence of a third violation at a project site, the City will issue
another non-compliance citation to the owner/developer together with a notice that
the project site is subject to an immediate "Stop Work" order. The civil penalty for
a third violation will be no less than Five Hundred Dollars ($500.00). If the penalty
is not paid within thirty (30) days, the citation may be enforced in Court by any
remedy allowed by Law and an action may be maintained to recover the costs of
corrective measures employed by the City, if the owner/developer does not make a
good faith effort to correct the violation, in addition to the fine or penalty referred to
above.
(b) Stop Work orders will not be rescinded until all recommended corrective
measures have been completed and the City has been paid for all costs incurred, as applicable.
(c) The City reserves the right to accelerate the schedule assigned in this section for
correcting a violation if required to protect life or property from an eminent and severe threat of loss
or damage.
(d) The City may perform, or cause to be performed, such work as is necessary to
accomplish corrective measures at a project site by their own forces or by a contractor hired to
perform the work.
(e) Any project site owner, individual lot operator, contractor, subcontractor, property
owner, or other person or persons responsible for construction activities at a project site who violate
the terms, requirements, provisions, or regulations of this ordinance are liable for the costs of
removal of sediment and other storm water pollutants deposited in any right-of-way, drain, storm
sewer, drainage easement, or City maintained or controlled property to a condition equal to or better
than the condition prior to a violation. Such costs may be pursued in Court and/or filed as a lien
against the property as allowed by State law.
Section 17-118. Separability.
The provisions and sections of this Article shall be deemed to be separable and the invalidity
of any portion of this Article shall not affect the validity of the remainder.
Section III. This Ordinance shall be in full force and effect from and after its passage by
the Common Council, approval by the Mayor and publication as required by law.
~~ ~'
e ber, South Bend Common Council
Attest:
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Presented by me to the Mayor of the City of South Bend, Indiana on the -C~ day of
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~~.t~.,~`I,^City Clerk
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Approved and signed by me on the ~~ day of , 2 ~ , at ~ co lock
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Mayor, City o uth Bend, Indiana
1st READING L ~ -Z,S Oy
PUBLIC HEARING ~ `-~-0`( J
3 rd READING ~ ~ ~,,,a ~~
NOT AppROVED
RE!'ERRED
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PASSED ~~^~i(-p~
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
79-04 A BILL 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
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation.
Sean Coleman
Chairman
1316 COUNTY-CITY BUILDING
227 W. ,JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF PUBLIC WORKS
GAxY A. GILOT, P.E.
DIRECTOR OF PUBLIC WORKS
October 19, 2004
Ms. Karen White
President, South Bend Common Council
400 County-City Building
South Bend, Indiana 46601
PHONE 574/ 235-9251
FAx 574/235-9171
TDD 574/ 235-5567
RE: Illicit Discharge Ordinance
Storm Water Discharge from Construction Sites (Erosion Control) Ordinance
Dear Council Members:
Enclosed are copies of the proposed Ordinances for the Council's consideration. Both of these ordinances
meet the minimum requirements as set forth by Rule 13 (327 IAC 15-13) and are required to be in the process of
adoption and submitted to IDEM by November 5, 2004.
The Illicit Discharge Ordinance covers all non-storm water discharges into the City's separated storm sewer.
This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm
sewer system (MS4). The Storm Water Discharge from Construction Sites (Erosion Control) Ordinance covers all
storm water runoff from construction sites one (1) acre or larger. This ordinance establishes the review, design,
installation, and inspection of proper erosion control methods on construction sites.
I will make the presentation of these Ordinances to the Council at its Committee meeting and at the public
hearing. If you have any questions prior to the meeting, please do not hesitate to call me.
Sincerely, _.....__ t~~~~r~f+~a Qf~CB
Jason J. Durr, P.E. QC,~ 1 ~ Lout
Assistant City Engineer
Enclosure ~p}{y yppRDE
c: Aladean DeRose, Chief Assistant City Attorney C~ c~ER~ sa. aENO,t~
ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES STREETS WATER WORKS
CARL LITTRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI SAM HENSLEY JOHN F. STANCATI ~,
574/235-9251 574/277-8515 574/235-9316 574/235-9244 574/235-9322
FAx 574/235-9171 FAx 574/277-8980 FAx 574/235-9007 FAx 574/235-9272 FAx 574/235-9728