Last Updated 08/14/2026
The City of Evansville has created and adopted two ordinances to regulate illegal dumping, pollution originating from activity on construction sites as well as requirements for long term stormwater pollution control measures on all new development and redevelopment sites. An ordinance to regulate the pollution created by construction site run off and post development runoff and an ordinance to regulate the illegal discharge into our storm system of pollutants. The following links can be accessed to view the ordinances in their entirety.
Excerpt from Stormwater Ordinance
13.25.070 Requirement to prevent, control and reduce storm water pollutants by the use of best management practices
The agency may establish requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of the MS4. The person responsible for any such activity, operation or facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of these structural and nonstructural BMPs. Any person responsible for a property or premises which is or may be the source of an illicit discharge or illicit connection may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the MS4.
13.25.080 Notice of violation and enforcement.
(A) If any person owning or occupying premises is discovered to be in violation of this chapter, the agency or MS4 operator may serve upon said person a written notice of violation (NOV) by personal service or registered or certified mail and order the correction of any such violations. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or contractor thereof and all direct and indirect expenses and costs thereof shall be charged to the violator. Within 15 days of the receipt of an NOV, or shorter period as may be prescribed in the NOV, the person served the NOV must submit to the agency or MS4 operator a written explanation of the violation and a plan for the satisfactory correction thereof. The plan shall include specific actions to correct the violation and restore any land areas adversely affected by the violation. Submission of the plan will not affect liability and violators will be subject to the same penalties set forth herein.
(B) The agency or the MS4 operator may, without prior notice, issue an order to suspend or terminate MS4 access to stop an actual or threatened illicit discharge. If the responsible person fails to comply with an order suspending or terminating access to the MS4, the agency or the MS4 operator may take any and all measures necessary to prevent or minimize damage to the MS4 and the violator shall be liable for all direct and indirect expenses and costs in addition to the penalties set forth herein.
13.25.090 Appeal of notice of violation.
Any person receiving a notice of violation from the agency may appeal in writing within five business days from the date of the notice of violation. The agency will hold a hearing on the appeal within 15 business days from the date of receipt of the notice of appeal and the decision of the agency shall be final.
13.25.100 Enforcement measures after appeal.
If an appeal is denied by the agency, the responsible person shall correct the violation in accordance with the terms of the notice of violation and/or any modifications to the notice of violation as determined during the appeal hearing. In the event that the responsible person fails to correct the violation in accordance with the terms of the notice of violation and/or appeal hearing, the agency shall utilize all applicable provisions of this chapter to correct the violation and the responsible person will be assessed any and all related costs.
13.25.110 Emergency orders and abatements.
The agency may order the abatement of any illicit discharge from any source to the MS4 when, in the opinion of the agency, the discharge causes or threatens to cause a condition that presents an imminent danger to the public health, safety, or welfare of the citizens of the City or to the environment. If such emergency situations occur and the responsible person cannot be located, or time constraints are such that service of a notice and order to abate cannot be completed without presenting an immediate danger to the public health, safety, or welfare or to the environment, the City may undertake the abatement of said threat or danger and the violator shall be liable for all related abatement costs in addition to the penalties set forth herein.
13.25.120 Penalty.
Any person who violates any provision of this chapter or who has failed to comply with any provision of this chapter shall be subject to the penalties set forth in EMC 1.05.180.
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Frequently Asked Questions
How many separate stormwater ordinances does Evansville and Vanderburgh County enforce?
Two, covering different ground. One regulates pollution from construction site runoff and long-term post-development stormwater controls, and the other governs illegal discharges into the storm system itself. A property owner dealing with a construction project and one dealing with a suspected illicit discharge are technically working under two different sets of rules, even though both fall under the same agency’s enforcement authority.
How much time do I have to respond to a notice of violation in Evansville?
15 days from receipt, or less if the notice specifies a shorter deadline, to submit a written explanation of the violation along with a plan for correcting it and restoring any affected land. Submitting that plan doesn’t reduce liability or change the penalties that apply, so it’s a required step toward resolution rather than a way to avoid consequences.
Can Evansville cut off my property's access to the storm system without warning?
Yes, if there’s an actual or threatened illicit discharge. The agency can suspend or terminate a property’s access to the MS4 without prior notice, and if the responsible party doesn’t comply with that order, the city can take whatever measures are necessary to prevent or minimize damage to the system, billing all direct and indirect costs back to the violator.
How do I appeal a notice of violation in Evansville?
The appeal has to be filed in writing within five business days of the notice, a notably tighter window than many neighboring jurisdictions allow. A hearing follows within 15 business days of that appeal being received, and the agency’s decision at that hearing is final. If the appeal is denied, the responsible party still has to correct the violation according to the original notice or whatever modifications came out of the hearing.
What happens in a stormwater emergency in Evansville?
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
