The federal Clean Water Act (CWA) requires storm water discharges from certain types of urbanized areas to be permitted under the National Pollutant Discharge Elimination System (NPDES) program. In 1990, Phase I of these requirements became effective, and municipalities with a population served by a municipal separate storm sewer system (MS4) of 100,000, or more, were regulated. In 1999, Phase II became effective, and any entity responsible for an MS4 conveyance, regardless of population size, could potentially be regulated.
In Indiana, storm water discharge permits are issued by the Indiana Department of Environmental Management (IDEM). Under Phase I requirements, only the City of Indianapolis met the designation criteria, and was issued an individual NPDES storm water permit. To comply with Phase II requirements, a new general NPDES permit rule was written. The new general permit rule, referred to as Rule 13, provided permit coverage for most Phase II MS4 entities.
A general permit is a single permit that is written to cover multiple permittees with similar characteristics. No written draft permit is issued to the permittee under a general permit. Instead, the requirements and conditions of this type of permit are found in Indiana Administrative Code, under the appropriate general permit rule. Notice of Intent (NOI) letters for this type of permit can be by either a single MS4 entity, or multiple MS4 entities. The City of Terre Haute, Vigo County, Seelyville, West Terre Haute, Indiana State University, Ivy Tech Community College, and Rose Hulman Institute of Technology are co-permittees of a general permit with the City of Terre Haute taking the lead position within the group for reporting and communications with IDEM.
The SWQMP must address six minimum control measures (MCM). Each minimum control measure must include a detailed program description, a timetable for implementation, milestones, and a summary of measurable goals. The measurable goals shall demonstrate results that relate to an environmental benefit. The six minimum control measures provide the minimum conditions for the storm water program.
Sec. 9-174 Post Construction Site Inspection and Maintenance.
Sec. 9-175 Enforcement.
(1) Verbal warning to the construction site operator to make corrections.
(2) Written warning to the construction site operator to make corrections within a specified period of time. The period of time shall take into account issues such as the severity of the problem, pending weather, seasonal conditions, and the level of effort necessary to correct the problem. 9-111
(3) Warning of Non-Compliance with directions to the construction site operator that site conditions require immediate action.
(4) Stop Work Order.
(5) Revocation of Building Permit.
Sec. 9-176 Injunctive Relief.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Article. If a person has violated or continues to violate the provisions of this Article, the Authorized Enforcement Agency may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
Sec. 9-177 Compensatory Action.
In lieu of enforcement proceedings, penalties, and remedies authorized by this Article, the Authorized Enforcement Agency may impose upon a violator alternative compensatory action, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
Sec. 9-178 Civil Penalty.
Any person that has violated or continues to violate the provisions of this Article shall be liable to civil penalties to the fullest extent of the law, and shall be subject to a fine of up to Two Thousand Five Hundred Dollars ($2,500.00) per violation per day. The Authorized Enforcement Agency may recover all attorney’s fees, court costs, consultant costs, and other expenses associated with enforcement of this Article, including sampling and monitoring expenses.
Sec. 9-179 Violations Deemed a Public Nuisance.
In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this Article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense, and/or civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
Sec. 9-180 Remedies Not Exclusive.
The remedies listed in this Article are not exclusive of any other remedies available under any applicable federal, state, or local law. It is within the discretion of the Authorized Enforcement Agency to seek cumulative remedies.