City of Lafayette
The City of Lafayette has enacted a Stormwater Ordinance in order to provide for the health, safety, and general welfare of the citizens of the City of Lafayette through the regulation of stormwater and non-stormwater discharges to the storm drainage system; to enhance economic objectives; and to protect, conserve and promote the orderly development of land and water resources within City of Lafayette. The City of Lafayette is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Lafayette will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Stormwater User fees will be calculated and collected by the City of Lafayette. The City of Lafayette, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Lafayette has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.
Stormwater User Fee
The fee is based on the average impervious surface for the average residential parcel size, or an Equivalent Residential Unit (ERU). One ERU equals 3,200 square feet.
Non-Residential User Fee: The stormwater service charge for a non-residential property shall be assessed on a monthly basis based on the impervious surface area of such property. The square footage of the impervious surface area on a non-residential property shall be divided by three thousand two hundred (3,200) square feet (i.e., one ERU), and the resulting ERU multiple shall be rounded in accordance with Section 8.08.840. A developed non-residential property shall not have an ERU multiple of less than one. The resulting ERU multiple shall then be multiplied by four dollars ($4.00) per ERU per month for the year 2010, increasing to five dollars ($5.00) per ERU per month in 2011 and subsequent years to determine the applicable monthly stormwater service charge for the non-residential property. Notwithstanding the foregoing, public right-of-way and railroad rights-of-way shall be exempt from the stormwater service charge.
PROHIBITED DISCHARGES AND CONNECTIONS
PROHIBITED DISCHARGES AND CONNECTIONS
No person shall discharge to a waterbody, directly or indirectly, any substance other than stormwater or an exempted discharge. Any person discharging stormwater shall effectively prevent pollutants from also being discharged with the stormwater, through the use of best management practices (BMPs).
The City of Lafayette is authorized to require dischargers to implement pollution prevention measures, utilizing BMPs, necessary to prevent or reduce the discharge of pollutants into the City of Lafayette’s stormwater drainage system.
STORAGE OF HAZARDOUS OR TOXIC MATERIAL
Storage or stockpiling of hazardous or toxic material within any drainage-way, or in its associated floodway or floodplain, is strictly prohibited. Storage or stockpiling of hazardous or toxic material on active construction sites must include adequate protection and/or containment so as to prevent any such materials from entering any temporary or permanent stormwater conveyance or drainage-way.
PRIVATE PROPERTY MAINTENANCE DUTIES
Every person owning property through which a drainage-way passes, or such person's lessee, shall keep and maintain that part of the drainage-way located within their property boundaries, free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
Any discharger who accidentally discharges into a water body any substance other than stormwater or an exempted discharge shall immediately inform the Lafayette Fire Department and Tippecanoe Emergency Management concerning the discharge. A written report concerning the discharge shall be filed with the City of Lafayette Engineer’s Office, by the discharger(s), within five (5) days. The written report shall specify:
- The composition of the discharge and the cause thereof;
- The exact date, time, and estimated volume of the discharge;
- All measures taken to clean up the accidental discharge, and all measures proposed to be taken to prevent any recurrence;
- The name and telephone number of the person making the report, and the name of a person who may be contacted for additional information on the matter.
A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this Code against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief because of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of this section.
STORMWATER QUALITY MANAGEMENT FOR POST-CONSTRUCTION
APPLICABILITY AND EXEMPTIONS
The stormwater pollution prevention plan, which is to be submitted to the City of Lafayette as part of the stormwater management permit application, must include post-construction stormwater quality measures. These measures are incorporated as a permanent feature into the site plan and are left in place following completion of construction activities to continuously filter stormwater runoff from the stabilized site. Any project located within the City of Lafayette that includes clearing, grading, excavation, and other land disturbing activities, resulting in the disturbance of 1 acre or more of total land area, is subject to the requirements of this Article. This includes both new development and re-development, and disturbances of less than one (1) acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one (1) or more acres of land, within the MS4 area.
POLICY ON STORMWATER QUALITY MANAGEMENT
It is recognized that developed areas, as compared to undeveloped areas, generally have increased imperviousness, decreased infiltration rates, increased runoff rates, and increased concentrations of pollutants such as fertilizers, herbicides, greases, oil, salts and other pollutants. As new development and re-development continues in the City of Lafayette measures must be taken to intercept and filter pollutants from stormwater runoff prior to reaching regional creeks, streams, and rivers in order to preserve fishable and swimmable conditions. Through the use of Best Management Practices (BMP), stormwater runoff will be filtered and harmful amounts of sediment, nutrients and contaminants will be removed. The project site owner must submit to the City of Lafayette, a Storm Water Pollution Prevention Plan (SWPPP) that would show placement of appropriate BMP(s) from a pre-approved list of BMPs specified in the Indiana Stormwater Quality Manual or the Technical Standards. The noted BMPs must be designed, constructed, and maintained according to guidelines provided or referenced in the Indiana Stormwater Quality Manual or the Technical Standards. Practices other than those specified in the pre-approved list may be utilized. However, the burden of proof, as to whether the performance and ease of maintenance of such practices will be according to guidelines provided in the Indiana Stormwater Quality Manual or the Technical Standards, would be placed with the applicant. Details regarding the procedures and criteria for consideration of approval of such BMPs are provided in the Technical Standards.
All stormwater quality management systems, including detention or retention basins, filter strips, pocket wetlands, in-line filters, infiltration systems, conveyance systems, structures and appurtenances located outside of the right-of-way shall be incorporated into permanent easements.
INSPECTION, MAINTENANCE, RECORD KEEPING, AND REPORTING
Following project completion, the owner is responsible for inspection and maintenance of the stormwater quality facilities. The city of Lafayette has the authority to conduct inspections following project completion to ensure full compliance with the provisions of this Code. Noted deficiencies and recommended corrective action will be included in an inspection report. If deficiencies are found during the inspection, the owner of the stormwater quality facility will be notified by the city of Lafayette and will be required to take all necessary measures to correct such deficiencies. If the owner fails to correct the deficiencies within the allowed time period, as specified in the notification letter, the city of Lafayette will undertake the work and collect from the owner using lien rights if necessary.
PENALTIES FOR VIOLATIONS
Any person found in violation of any provision of this Code shall be responsible for a civil infraction and subject to a fine of not less than $500 for a first offense, and not less than $1,000 for a subsequent offense, plus damages, expenses, and costs as may be imposed in the discretion of the court. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this Code.
Any person who aids or abets a person in a violation of this Code shall be subject to the penalties provided in this section.
For purposes of this section, "subsequent offense" means a violation of the provisions of this Code committed by the same person within 12 months of a previous violation of the same provision of this Code for which said person admitted responsibility or was adjudicated to be responsible.
FAILURE TO COMPLY OR COMPLETE
In addition to any other remedies, should any person fail to comply with the provisions of this Code, the City of Lafayette may, after the giving of reasonable notice and opportunity for compliance, have the necessary work done, and the owner shall be obligated to promptly reimburse the City of Lafayette for all costs of such work.
SUSPENSION OF ACCESS TO THE STORM DRAIN SYSTEM
A. Suspension due to Emergency Situations
The City Engineer may, without prior notice, suspend storm drain system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm drain system, or to Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the storm drain system or Waters of the United States, or to minimize danger to persons.
B. Suspension due to the Detection of Illicit Discharge
Any person discharging to the storm drain system in violation of this Code may have their storm drain system access terminated if such termination would abate or reduce an illicit discharge. The City of Lafayette will notify a violator of the proposed termination of its MS4 access. The violator may petition the Board of Public Works and Safety for a reconsideration and hearing.
Nothing herein contained shall prevent the City of Lafayette from taking such other lawful action as may be necessary to prevent or remedy any violation. All costs connected therewith shall accrue to the person or persons responsible. Costs include, but are not limited to, repairs to the storm drain system made necessary by the violation, as well as those penalties levied by the EPA or IDEM for violation of the City of Lafayette’s NPDES permit, attorney fees, and other costs and expenses.
Any person to whom any provision of this Code has been applied may appeal in writing, not later than 30 days after the action or decision being appealed from, to the Board of Public Works and Safety the action or decision whereby any such provision was so applied. Such appeal shall identify the matter being appealed, and the basis for the appeal. The Board of Public Works and Safety shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action being appealed. In considering any such appeal, the Board of Public Works and Safety may consider the recommendations of the City Engineer and the comments of other persons having knowledge of the matter. In considering any such appeal, the Board of Public Works and Safety may grant a variance from the terms of this Code to provide relief, in whole or in part, from the action being appealed, but only upon finding that the following requirements are satisfied:
- The application of the Code provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses in order to comply with the Code; and
- The granting of the relief requested will not prevent the goals and purposes of this Code, nor result in less effective management of stormwater runoff.
Lafayette Stormwater User Fee
Lafayette Stormwater Ordinance