21A-77 Storm drainage control regulations policy

Sec. 21A-77. Storm drainage control regulations policy.

(a) General. The Department of Planning and Building, on recommendation from the Plan Commission, is authorized to issue a permit after thorough investigation and evaluation of information provided in compliance with this division. A stormwater permit is required for all new development or redevelopment of land, new building construction, structural additions or alterations.

(b) Stormwater Quantity. The release rate of stormwater from development, redevelopment, and new construction is regulated under division 1 of this article, as amended from time to time.

(1) Policy on Rule 5. All construction activities which disturb one (1) acre or more of land must comply with NPDES General Rule Permit Program "Rule 5—Storm Water Run-Off Associated With Construction Activity," as described in 327 IAC 15-5-1, as amended from time to time.

a. Construction plans shall be prepared according to 327 IAC 15-5-6.5 including an erosion and sediment control plan.

b. Notice of intent (NOI) shall be prepared in accordance with 327 IAC 15-5-5 and submitted jointly to the Indiana Department of Environmental Management (IDEM) and the Town of St. John.

c. A self-monitoring program shall be implemented and evaluation reports maintained at the site by a trained individual.

d. Notice of termination (NOT) shall be prepared in accordance with 327 IAC 15-5-8, and submitted jointly to the Indiana Department of Environmental Management (IDEM) and the Town of St. John.

(2) Policy on Rule 13 Construction Sites. All construction activities which disturb one (1) acre or more of land must comply with NPDES General Rule Permit Program "Rule 13—Storm Drainage Control Management Plan Construction Site Storm Water Run-Off Control MCM" as described in 327 IAC 15-13-15, as amended from time to time. Construction plans shall address the following in addition to "Rule 5" requirements:

a. Traffic phasing plan for projects that alter vehicular traffic patterns.

b. Off-site utility relocations or extensions.

c. Material hauling and transportation routes.

d. Borrow pits.

e. Temporary staging and material stockpile areas.

f. Temporary disposal areas for waste materials.

(3) Policy on Rule 13 Postconstruction. All construction activities which disturb one (1) acre or more of land must comply with NPDES General Rule Permit Program "Rule 13—Storm Drainage Control Management Plan Postconstruction Storm Water Run-Off Control MCM" as described in 327 IAC 15-13-16, as amended from time to time. Construction plans shall address the following in addition to "Rule 5" requirements:

a. Inclusion of permanent best management practices to reduce the rate of runoff and impact of pollutants on receiving streams.

b. Incorporate any combination of storage, infiltration, filtering and vegetative measures.

c. Design and install, where appropriate, practices to reduce lead, copper, zinc and polyaromatic hydrocarbons in stormwater runoff.

(4) Policy on Single-Family Residential Development. For a single-family residential development consisting of four (4) or fewer lots or a single-family residential development where the lots are offered for sale or lease without land improvements, and the project is not part of a larger common plan of development, the requirements of 327 IAC 15-5-6.5(b) and 15-5-7 shall be met.

a. Prepare and submit set of construction plans which clearly and completely depict:

1. Project location;

2. Site topography and characteristics which impact runoff quantity and quality; and

3. Proposed site improvements.

b. Prepare, submit and implement a pollution prevention plan associated with construction activities.

c. Prepare, submit and implement a storm drainage control plan.

(5) Policy on Single Lots. For individual lots within a permitted project, the requirements of 327 IAC 15-5-7.5 shall be met.

a. Implement all storm drainage control measures set forth in the original project site permit.

b. Complete final site stabilization prior to occupation of the home.

(1) Policy. No person shall discharge, directly or indirectly, any substance other than stormwater or exempted discharges to the Town of St. John stormwater collection and conveyance system, including all pipe networks, watercourses and waterbodies. Any person discharging stormwater shall use best management practices to effectively minimize pollutants carried with the stormwater.

(2) Exempted Discharges. The following categories of non-stormwater discharges and flows are exempted from the requirements of this division:

a. Water line flushing.

b. Landscape irrigation.

c. Diverted stream flows.

d. Rising groundwaters.

e. Uncontaminated groundwater infiltration.

f. Uncontaminated pumped groundwater.

g. Discharges from potable water sources.

h. Foundation drains.

i. Air conditioning condensation.

j. Irrigation water.

k. Springs.

l. Water from crawlspace pumps.

m. Footing drains.

n. Lawn watering.

o. Individual residential car washing.

p. Flows from riparian habitats and wetlands.

q. Dechlorinated swimming pool discharges.

r. Street wash water.

s. Discharges from firefighting activities.

(3) Illicit or Illegal Discharges. Any discharge other than stormwater or an exempted discharge is considered illicit or illegal, violative of this division, as amended from time to time, and shall be subject to corrective measures and enforcement provisions set forth hereafter in this division.

(1) Spill Reporting. Any person who discharges, directly or indirectly, any substance other than stormwater or an exempted discharge shall immediately report to the St. John Fire Department and St. John Public Works Department. A written report shall be filed with the St. John Fire Department, St. John Public Works Department and IDEM, by the discharger, within five (5) days from the discharge event. The written report shall specify:

a. The composition of the discharge and the cause thereof;

b. The date, time, and estimated volume of the discharge;

c. All measures taken to clean up the accidental discharge, and all measures proposed to be taken to prevent any recurrence;

d. The name and telephone number of the person making the report, and the name and telephone number of a person who may be contacted for additional information on the matter.

(2) A properly reported accidental discharge shall be an affirmative defense to a civil enforcement proceeding brought under this division. 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. This requirement does not relieve discharger from notifying other entities as required by state or federal regulations.

(1) Fees for stormwater permit processing and administration shall be assessed according to the following chart:

Project Type	Base Fee	Fee per Acre
Residential Lot With New Improvements	$200
Single Residential Lot Construction	$100
Residential Development		$50
Commercial Development		$75

(2) Fees for residential building construction shall be paid at time of filing the building permit application.

(3) Fees for residential and commercial development projects shall be paid before land disturbing activities begin.

(4) Field inspection costs will be charged against the development charge fee.