Sec. 12-11. Non-stormwater discharges to water collection system.
(a) For purposes of this section, the following definitions shall apply:
(1) Discharge. To send forth or emit;
(2) Public natural outlet. An area which occurs the conveyance of storm water, including a street, gutter, catch basin, pipe, channel, ditch, conduit, creek, stream and river;
(3) Storm water. Water resulting from rain, melting or melted snow, hail or sleet.
(b) It shall be unlawful for any person to drain, deposit, place or otherwise discharge into any public natural outlet or storm water system within the Town, or to cause or permit to be drained, deposited, placed or otherwise discharged into such waters any substance or material other than storm water. Those categories of nonstormwater discharges or flows set forth in 327 IAC 15-13-14(d), as amended, are excepted and exempt from regulation under this section.
(c) Any person found to be in violation of any provision of this section shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease or correct all violations. Failure to comply with such written notice shall constitute a separate violation of this section. Any person who violates any provision of this section shall be subject to a civil penalty of up to two thousand five hundred dollars ($2,500.00) per day for each day that such person is in violation of this section. The remedies and penalties provided in this section are not exclusive, and the Town may seek whatever other remedies are authorized by statute, at law or in equity, against any person who violates the provisions of this section.
(d) Any person determined to be responsible, in whole or in part, for a discharge in violation of this section shall be liable to the Town for payment of any and all necessary expenses incurred in performing pollution abatement, including but not limited to costs for testing, measuring, sampling, collecting, removing, containing, treating, and disposing of any material.
(e) The Town may, immediately upon discovering an ongoing or potential discharge of material prohibited by this section, petition the circuit or superior court of the county, or the U.S. District Court, for a restraining order and/or temporary and/or permanent injunction to halt or prohibit such discharge.
(f) The superintendent of Public Works, Town Manager, or other duly authorized town employee having proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this section.