City of Terre Haute
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.
Stormwater Ordinances
Sec. 9-174 Post Construction Site Inspection and Maintenance.
- All post construction BMPs shall be inspected and maintained in good condition by the owner, in accordance with the Terre Haute Standards and Specifications, the Indiana Storm Water Quality Manual, and/or the post construction operations and maintenance manual to provide the intended storm water quality benefits. Following construction completion, maintenance of BMPs shall be the long-term responsibility of the facility’s owner.
- Post construction BMPs shall not be altered, revised, or replaced except in accordance with the approved plans, or in accordance with approved amendments or revisions to the plans.
- The Authorized Enforcement Agency have the authority to perform long-term, post construction inspection of all public or privately owned BMPs. The inspections will follow the operation and maintenance procedures included in the Terre Haute Standards and Specifications, the Indiana Stormwater Quality Manual, or the operation and maintenance plan submitted with the approved plans for each specific BMP. The inspection will cover physical conditions, available water quality storage capacity, and operational condition of key facility elements. Noted deficiencies and recommended corrective action will be notified by the Authorized Enforcement Agency 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 Authorized Enforcement Agency will pursue enforcement actions.
Sec. 9-175 Enforcement.
- Enforcement of this Article shall be subject to the severity of the infraction and the construction site operator’s efforts to comply. The Authorized Enforcement Agency shall reserve the right to interpret enforcement on a case by case basis. Tiered enforcement will be practiced at the Authorized Enforcement Agency’s discretion. The tiered enforcement may include:
(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.
- 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 a contractor and the expense thereof shall be charged to the violator.
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.
LINKS:
Terre Haute Stormwater Webpage
Terre Haute Stormwater Code
Indiana Stormwater Quality Manual
