21A-82 Enforcement (corrective action)

Sec. 21A-82. Enforcement (corrective action).

(1) The Town of St. John, its employees and designated representatives, have the authority to conduct inspections to ensure full compliance with the provisions of this division, as amended from time to time, and to ensure compliance with approved drainage plans and stormwater pollution prevention plans.

(2) The Town of St. John, its employees and designated representatives, have the authority to enter upon and across property to conduct compliance inspections.

(3) The Town of St. John, its employees and consultants, will develop, and modify as necessary, report forms to conduct and document the inspections required to monitor conformance with this division, as amended from time to time. These report forms are under development.

(4) Construction site inspections will be performed by a designated representative or employee of the Town of St. John. The site operator shall notify the Town of St. John Building Department before land disturbing activities commence and after erosion control measures are in place.

a. In the event that any construction site work is performed without informing the Town of St. John, a notice of violation will be issued and corrective action may be required before work continues.

b. Work completed before being inspected shall be uncovered, as required, to permit the inspection of the work.

c. Inspections are required:

1. Before land disturbing activities commence and after erosion control measures are in place;

2. At approximately one (1) month intervals;

3. After a major rain event;

4. After corrective action is completed as result of a notice of violation or stop work order;

5. To investigate third party complaints;

6. Before notice of termination is approved; and

7. Illicit discharge investigation and response.

(5) All public and privately owned drainage control (BMP) and detention storage facilities will be inspected not less often than one (1) time every two (2) years. A certified inspection report covering physical conditions, available storage capacity and operational condition of key facility elements will be provided to the owner.

(6) A copy of each inspection report will be provided to the site operator or sent to address given on notice of intent or notice of termination. A site owner or operator may file change of address for notices with the Town of St. John Building Department.

(1) A notice of violation will be issued by a designated representative or employee of the Town of St. John, hereafter called the "inspector," for lack of compliance with the provisions of this division or for failure to complete corrective actions requested on routine inspection or investigation reports.

(2) Violations will be rated by the inspector according to the potential for harm and extent of violation. Guidelines for determination of violation of these categories are:

i. Release or discharge of nontoxic materials such as, but not limited to: yard debris, sand, gravel, or sediment from construction activities;

ii. Minor discharge of any material in conjunction with normal ancillary residential activities;

iii. Minor paperwork and/or procedural violations.

2. Moderate. Release or discharge of potentially harmful materials such as, but not limited to, concrete, masonry products, or uncontaminated drilling mud.

i. Release or discharge of toxic or health-threatening materials such as, but not limited to, sewage, paint, chemicals, and petroleum products;

ii. Discharge of any product, including those listed above in minor and moderate categories, in conjunction with commercial activity;

iii. Failure to implement erosion and sediment control measures or failure to correct BMPs per inspection request.

1. Minor. Release or discharge to the right-of-way; discharge can be repaired, removed or cleaned to original condition.

a. Release or discharge to the right-of-way that cannot be repaired, removed or cleaned to original condition, but does not cause structural damage;

b. Discharge to the separate storm sewer system that does not impair the drainage function of the system.

a. Release or discharge to the drainage system which significantly impairs drainage or structures;

b. Discharge which requires removal of soil due to contamination, or replacement of pavement or structures;

c. Discharge to surface waters which impact a regulated drain;

d. Failure to obtain proper permit, failure to correct BMPs per inspection request, or failure to stop work.

(3) Each failure to comply with an article provision and each day the noncompliance continues is a separate violation. The approved final drainage plans and any approved change in plans will be used as the standard for compliance with this division, as amended from time to time.

(1) In the event that deficiencies are found by the inspector, or duly designated representatives of the Town, requested corrective action or actions will be identified on the inspection report.

(2) In the event that corrective action or actions are found incomplete upon reinspection, a notice of violation will be issued with completion date identified.

(3) In the event that corrective action or actions are found incomplete after a notice of violation date has expired, a stop work order will be issued.

(4) In the event that minimal or no action is taken to bring the work back into compliance, the Town will undertake the work and collect its costs from the owner, using lien rights, if necessary.

(1) A reinspection is required when:

a. Corrective action or actions are requested;

b. Notice of violation is issued;

c. Stop work orders are issued; and

d. Illicit or illegal discharges are reported.

(2) A reinspection fee will be assessed for subsections (a)(2) through (4) above.

(1) A stop work order will be issued by the MS4 operator when corrective action or actions are found incomplete after a notice of violation date has expired.

(2) In the event of a major violation, the stop work order may include a provision to suspend all discharges to the stormwater drainage system to stop actual or threatened discharge which presents, or may present, imminent or substantial danger to:

a. The environment;

b. The health or welfare of persons;

c. The stormwater drainage system; or

d. Waters of the State of Indiana.

(3) Access to the stormwater drainage system will be reinstated after all violations have been corrected and written authorization from the MS4 operator.

(4) No work at the site that is not directly related to corrective action or actions, may proceed until a reinspection shows that corrective actions are completed in a satisfactory manner.

(1) Penalties will be assessed according to the following table:

	Extent of Violation
		Minor First Offense	Minor Subsequent Offense	Moderate First Offense	Moderate Subsequent Offense	Major First Offense	Major Subsequent Offense
Potential for Harm	Minor	$250 to $500	$500 to $1,000	$500 to $1,000	$1,000 to $2,000	$1,000 to $2,000	$2,000 to $4,000
	Moderate	$375 to $750	$750 to $1,500	$750 to $1,500	$1,500 to $3,000	$1,500 to $3,000	$3,000 to $6,000
	Major	$750 to $1,500	$1,500 to $3,000	$1,500 to $3,000	$2,500 to $5,000	$2,500 to $5,000	$6,000 to $7,500
Reinspection fee					$50 per occasion

(2) The MS4 operator shall determine the amount of the applicable penalty.

(3) Nothing herein shall prevent the Town of St. John, Lake County, Indiana, from taking such lawful action as is permitted under the laws of the State of Indiana to prevent, remedy or correct any violation of this storm drainage control regulations ordinance, as amended from time to time. All costs, including reasonable attorney's fees, incurred by the Town regarding enforcement of this storm drainage control regulations ordinance to prevent, remedy or correct any violation shall accrue to the person or persons responsible therefor.

(4) The use or development of any land or real estate which is continued, operated or maintained contrary to any of the provisions of this storm drainage control regulations ordinance, as amended from time to time, is hereby declared to be a violation of this division, and unlawful. The Town attorney shall, immediately upon any such violation having been called to his attention, institute injunction, abatement, or other appropriate action to prevent, enjoin, abate or remove such violation. Such action may be instituted by any property owner also who may be especially damaged by any violation of this storm drainage control regulations ordinance, as amended from time to time.

(5) The remedies for enforcement provided for herein shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by applicable law.

(1) Any action or decision resulting from application of this section may be appealed in writing within the following limits. Written appeals shall describe:

a. The action or decision appealed;

b. Date of report, notice or order that applies; and

c. Reasoning or evidence supporting appeal.

(2) The observations and determinations of violation category made by the MS4 operator may be appealed in writing to the Director of Public Works within ten (10) calendar days of the report date.

(3) The Director of Public Works shall respond to a written appeal within ten (10) calendar days after receipt.

(4) Determinations of the Director of Public Works may be appealed in writing to the Town Manager within fifteen (15) calendar days after receipt of response. The Town Manager, with review and recommendation of the Town engineer and/or Town attorney, may affirm, reject or modify the determination appealed.