Control of Stormwater Ordinance

Table of Contents

  1. General Provisions
    • 1.01 - Board of Stormwater Management to operate stormwater system
    • 1.02 - Purpose and objective
    • 1.03 - Abbreviations and definitions
    • 1.04 - Severability
  2. Construction Site Control
    • 1.10 - Purpose and intent
    • 1.11 - Applicability and exemptions
    • 1.12 - Responsibility for administration
    • 1.13 - Determination of land disturbance
    • 1.14 - Responsibility for implementation
    • 1.15 - General requirements for stormwater quality control
  3. Stormwater Quality Management Control for Post-Construction
    • 1.20 - Purpose and intent
    • 1.21 - Applicability and exemptions
    • 1.22 - Responsibility for implementation
    • 1.23 - Calculations, design standards and specifications
  4. Inspection, Maintenance and Reporting
    • 1.30 - Inspection, maintenance and reporting
  5. Prohibited Discharges and Connections
    • 1.40 - Purpose and intent
    • 1.41 - Applicability and exemptions
    • 1.42 - Prohibited discharges and connections
    • 1.43 - Storage of hazardous or toxic material
    • 1.44 - Monitoring of discharges
    • 1.45 - Pollutant reduction through the use of best management practices
    • 1.46 - Private property maintenance duties
    • 1.47 - Spill reporting
  6. Rates, Charges and Billing
    • 1.50 - Stormwater service charge
    • 1.51 - Stormwater rate establishment procedures
    • 1.52 - Rate structure and calculation
    • 1.53 - Billings; terms of payment
    • 1.54 - Appeals of ERU determination
    • 1.55 - Discount and credits policies and procedures
    • 1.56 - Stormwater fund
    • 1.57 - Delinquent fees and penalties as liens; duplicates; collection
  7. Enforcement
    • 1.60 - Enforcement of Sections 1.10, 1.20, 1.30 and 1.40
    • 1.61 - Enforcement of other provisions of Chapter 1
  1. General Provisions
  2. Construction Site Control
  3. Stormwater Quality Management Control for Post-Construction
  4. Inspection, Maintenance & Reporting
  5. Prohibited Discharges & Connections
  6. Rates, Charges & Billing
  7. Enforcement

Section 1.01 - Board of Stormwater Management to Operate Stormwater System

(A) Adoption of state law. The provisions of IC 8-1.5-5 are hereby adopted in their entirety, and the following entities established:

(1) A Stormwater Management Division within the East Chicago Sanitary District.

(2) A Board of Directors of the Division of Stormwater Management shall consist of Directors of the East Chicago Sanitary District.

(3) A Stormwater Management District, extending to the corporate boundaries of the City of East Chicago is hereby established for the purpose of providing for the collection and disposal of stormwater of the city in a manner which protects the public health and welfare, and for the purpose of assessing fees to pay for the cost of stormwater facilities and services. As the corporate boundaries of the city change, whether through annexation or otherwise, so shall the boundaries of the Stormwater District change.

(B) Powers of the Board. The Board of Directors of the Division of Stormwater Management shall have exclusive jurisdiction over the collection and disposal of stormwater within the District, and shall possess all the powers and duties set forth in IC 8-1.5-3-4 and 8-1.5-5-6 including but not limited to the power to:

(1) Establish and enforce rules and regulations governing the Division of Stormwater Management.

(2) Hold hearings following public notice.

(3) Make findings and determinations.

(4) Install, maintain and operate a stormwater collection and disposal system.

(5) Make all necessary or desirable improvements of the grounds and premises under its control.

(6) Recommend to the Common Council reasonable and just rates and charges for services to the customers of the District.

Section 1.02 Purpose & Objective

(A) The function of the Division of Stormwater Management is to provide for the safe and efficient capture and conveyance of stormwater runoff; mitigate the damaging effects of stormwater runoff; correct stormwater collection and conveyance problems; and fund the activities of stormwater management including design, planning, regulation, education, coordination, construction, operation, maintenance, inspection and enforcement activities, all for the protection of the public health, welfare and safety. It is the further function of the Division of Stormwater Management to insure the city's compliance with its NPDES stormwater discharge permit(s).

(B) It is hereby determined necessary for the protection of public health, safety and welfare and to conform with federal, state and local laws and regulations that a system of charges for stormwater service in the city be established which allocates the cost of providing stormwater service to each user in such a manner that the charges assessed are proportionate to the cost of providing stormwater service to that user, insofar as those costs can reasonably be determined.

Section 1.03 Abbreviations & Definitions.

For the purpose of this chapter, the following abbreviations and definitions shall apply unless the context clearly indicates or requires a different meaning.

(A) Abbreviations.

BMP Best Management Practice

BSM East Chicago Board of Stormwater Management

CWA Clean Water Act

DSM East Chicago Sanitary District Division of Stormwater Management

USEPA U.S. Environmental Protection Agency

GIS Geographic Information System

IDDE Illicit Discharge Detection & Elimination

IDEM Indiana Department of Environmental Management

MS4 Municipal Separate Storm Sewer Systems

NOI Notice of Intent

NOT Notice of Termination

NPDES National Pollutant Discharge Elimination System

SWQMP Stormwater Quality Management Plan

SWPPP Stormwater Pollution Prevention Plan

(B) Definitions.

 ABATEMENT. Any action taken to remedy, correct, or eliminate a condition within, associated with, or impacting a stormwater drainage system.

 AGRICULTURAL LAND DISTURBING ACTIVITY. Tillage, planting, cultivation or harvesting operations for the production of agricultural or nursery vegetative crops, pasture establishment and renovation, the construction of agricultural conservation practices, and the installation and maintenance of agricultural drainage tiles.

 AGRICULTURAL PROPERTY. A parcel or lot exceeding five acres of land encompassing two or more structures used to support agricultural activities.

 APARTMENT/CONDOMINIUM PROPERTY. A lot or parcel of real estate on which is situated a building containing five or greater single-family dwelling units, or on which two or more buildings each containing multiple single-family dwelling units are situated.

 APPROVED PLANS. Plans approved by the Division of Stormwater Management according to a permits and plan review which will govern all improvements made within the city that require stormwater facilities or changes or alterations to existing stormwater facilities.

 AUTHORIZED ENFORCEMENT AGENCIES. Division of Stormwater Management, Engineering Department, Department of Code Enforcement, City of East Chicago Police and Fire Departments, or its subcontractors shall be the agencies authorized to enforce this Chapter of the East Chicago Municipal Code.

 BEST MANAGEMENT PRACTICE(BMP). Any structural or non-structural control measure used to temporarily store or treat stormwater runoff, to improve its quality and, as appropriate, reduce the quantity of stormwater runoff. Also includes the design, construction, and maintenance practices and criteria for stormwater facilities that minimize the impact of stormwater runoff rates and volumes, prevent erosion, and capture pollutants. The term includes schedules of activities, prohibitions of practice, treatment requirements, operation and maintenance procedures, use of containment facilities, land use planning, policy techniques and other management practices.

 BOARD. Board of Directors of the Division of Stormwater Management established under Section 1.01.

 CHANNEL. A portion of a natural or artificial watercourse which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water. It has a defined bed and banks which serve to confine the water.

 CODE. East Chicago Code of Ordinances.

 COMBINED SEWER. A sewer that is designed, constructed, and used to receive and transport combined sewage.

 CONTIGUOUS. Abutting or adjoining as in having a common boundary or edge.

 CONVEYANCE. Any structural method for transferring stormwater between at least two points. The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, and roadways.

 COUNTY-REGULATED DRAIN. Part of stormwater conveyance system under the jurisdiction of the Lake County Drainage Board, including certain ditches, tiles and sewers.

 DECHLORINATED SWIMMING POOL DISCHARGE. Chlorinated water that has either sat idle for sevendays following chlorination prior to discharge to the MS4 conveyance, or, by analysis, does not contain detectable concentrations (less than five-hundredths milligram per liter) of chlorinated residual.

 DETENTION. The temporary storage of stormwater runoff in a basin, pond or other structure to control the peak discharge rates by holding the stormwater for a lengthened period of time and which provides some gravity settling of particulates.

 DETENTION BASIN. A facility constructed or modified to restrict the flow of storm water to a prescribed maximum rate, and to detain concurrently the excess waters that accumulate behind the outlet.

 DETENTION STORAGE. The temporary detaining of storage of stormwater in storage facilities, on rooftops, in streets, parking lots, school yards, parks, open spaces or other areas under predetermined and controlled conditions, with the rate of release regulated by appropriately installed devices.

 DEVELOPED. The condition of real property altered from its natural state by the addition to or construction on such property of impervious surfaces or physical improvements such that the hydrology of the property or a portion thereof is affected.

 DIRECT DISCHARGE. Stormwater runoff from a contiguous property that enters an exempt drain, such as a river, without entering the utility-controlled drainage system.

 DIRECTOR. The Director of the East Chicago Sanitary District.

 DISCHARGE. The flow of any substance into the stormwater system.

 DITCH. A man-made, open watercourse in or into which excess surface water or groundwater drained from land, stormwater runoff, or floodwaters flow either continuously or intermittently.

 DRAIN. Relative to stormwater drainage, any sewer, tile, ditch, stream or other stormwater runoff conveyance channel or conduit.

 DRAINAGE. The conveyance of excess surface water or groundwater from land by means of ditches or subsurface drains.

 DSM. City of East Chicago Division of Stormwater Management.

 EQUIVALENT UNIT. A unit value, equal to the average residential amount of impervious area of a single (ERU) family residential property within the city, and established at 2,500 square feet of (measured) impervious area. It is also the basis for calculating the proper assessment of stormwater charges to all users of the city stormwater system.

 EROSION. The wearing away of the land surface by water, wind, ice, gravity, or other geological agents.

 EXEMPT DRAIN. A primary line of stormwater conveyance for which primary jurisdiction and maintenance fall to the State Department of Natural Resources, U.S. Army Corps of Engineers and/or the Lake County Drainage Board rather than the city.

 FLOATABLE. Any solid waste that will float on the surface of the water. For the purpose of this chapter, the term does not include naturally occurring floatables, such as leaves or tree limbs.

 GEOGRAPHIC INFORMATION SYSTEM(GIS). A computer system capable of assembly, storage, manipulation, and display of geographically referenced information. This technology can be used for resource management and development planning.

 GROUNDWATER. Accumulation of underground water, natural or artificial. The term does not include manmade underground storage or conveyance structures.

 HYDROLOGY. The science of the behavior of water in the atmosphere, on the surface of the earth, and underground. A typical hydrologic study is undertaken to compute flow rates associated with specified flood events.

 ILLEGAL CONNECTION. The connection of any discharge to a separate stormwater conveyance that would allow the introduction of material that is not composed entirely of stormwater and naturally occurring floatables into the stormwater conveyance system.

 ILLICIT CONNECTION. Any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the storm drainage system. This would include, but not be limited to, any conveyance that discharges sanitary sewage, process wastewater or wash water from sources such as indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by an authorized enforcement agency. Also, any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency.

 ILLICIT DISCHARGE. Any discharge to a conveyance, other than stormwater and naturally occurring floatables, such as leaves or tree limbs. Sources of illicit discharges may include sanitary wastewater, septic tank effluent, oil disposal, radiator flushing disposal, laundry wastewater, roadway accident spillage, and household hazardous wastes.

 INLET. An opening into a stormwater drainage system for the entrance of surface storm water runoff, more completely described as a storm drain inlet.

 IMPERVIOUS SURFACE/AREA. Areas that have been paved and/or covered with buildings and materials which include, but are not limited to, concrete, asphalt, rooftop and blacktop, such that the infiltration of water into the soil is prevented. Excluded from this definition are undisturbed land, lawns and fields.

 INDUSTRIAL WASTE. Any solid, liquid or gaseous substance or form of energy discharged, permitted to flow or to escape, or be transported from an industrial, manufacturing, commercial or business operation or process or from the development, recovery or processing of any natural resource carried on by any person.

 INFILTRATION. The process of allowing runoff to penetrate the ground surface and flow though the upper soil surface.

 LAND DISTURBING ACTIVITY. Any man-made change of the land surface, including removing vegetative cover, that exposes the underlying soil including excavating, filling, transporting and grading.

 MANHOLE. Storm drain structure through which a person may enter to gain access to an underground storm drain or enclosed structure.

 MONTH. The period between any two consecutive regular billings by the utility for service rendered to a customer. Billings are scheduled at intervals of approximately 30 days. For purposes of billing, a month is 25 through 35 days. Any bills produced outside the month parameter will be prorated.

 MONTHLY. Occurring once in a month. For purposes of billing, bills are issued on a monthly basis or one time per month.

 MUNICIPAL SEPARATE STORM SEWER SYSTEM(MS4). An MS4 meets the following criteria:

 (a) Is a conveyance or system of conveyances owned by the state, county, city, town, or other public entity;

 (b) Discharges to waters of the U.S.;

 (c) Is designed or used for collecting or conveying stormwater;

 (d) Is not a combined sewer; and

 (e) Is not part of a publicly owned treatment works (POTW).

 NON-RESIDENTIAL PROPERTY. All properties not encompassed by the definition of RESIDENTIAL shall be defined as non-residential. NON-RESIDENTIAL PROPERTY will include:

 (a) Agricultural property;

 (b) Apartment and condominium property;

 (c) Mobile home parks;

 (d) Commercial property;

 (e) Industrial property;

 (f) Institutional property;

 (g) Governmental property;

 (h) Churches;

 (i) Schools;

 (j) Federal, state and locals property; and

 (k) Any other property not mentioned in this or the list of residential properties below.

 NPDES. National Pollutant Discharge Elimination System. Regulations for stormwater discharges as described in the Federal Register, 40 CFR Parts 122, 123, and 124.

 NPDES PERMIT. Permit issued pursuant to Section 402 of the Clean Water Act (CWA).

 NON-STORMWATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of stormwater.

 OCCUPANT. Any person or entity that lives or does business within a real property, whether with or without any right, title or interest in the property or any person or entity in possession or charge of such real estate in the event that the owner resides or is located elsewhere.

 ON-SITE STORMWATER CONVEYANCES/ CONNECTIONS. Conveyances/connections located throughout the entire area included in the legal description of the land on which land disturbing activity is to be performed.

 OUTFALL. The point, location, or structure where a pipe or open drain discharges to a receiving body of water.

 OUTLET. An opening through which water is discharged.

 PEAK DISCHARGE. The maximum rate of flow of water passing a given point during or after a rainfall event. The term also means the maximum instantaneous flow from a given storm condition at a specific location.

 PERMANENT STABILIZATION. The establishment, at a uniform density, of vegetative cover or permanent non-erosive material on a disturbed site that will ensure the resistance of the soil to erosion, sliding, or other movement.

 PERSON. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the property owner or the owner's agent.

 POLLUTING SUBSTANCES. Discharges of untreated wastewater and other substances from municipalities, industries, and commercial businesses that cause an imbalance in the chemical, physical, and biological integrity of the city's waters.

 PRIVATE STORMWATER FACILITIES. Various stormwater and drainage works not under the control or ownership of the city, county, state and/or federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, other structural components and equipment designed to transport, move or regulate stormwater.

 PROJECT SITE OWNER. The person who is required to submit the NOI letter and is required to comply with the terms set forth in 327 IAC 15-5 and 327 IAC 15-13 and this chapter, including either of the following: a developer or a person who has financial and operational control of construction activities and project plans and specifications, including the ability to make modifications to those plans and specifications.

 PROPERTY OWNER. That individual, partnership or corporation holding the deed or record title to the property. A contract purchaser is not considered the property owner.

 PUBLIC STORMWATER FACILITIES. The various stormwater and drainage works under the control and/or ownership of the city, county, state or federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, other structural components and equipment designed to transport, move or regulate stormwater.

 RIPARIAN ZONE. Of, on, or pertaining to the banks of a stream, river, or pond.

 RESIDENTIAL PROPERTY. For the purpose of this chapter, this definition refers to a lot or parcel of real estate on which a building or mobile home is situated which building contains a group of rooms forming a single inhabitable dwelling unit with facilities which are used or are intended to be used primarily for living, sleeping, cooking and eating. This definition also includes a lot containing one individual building containing four or fewer separate or contiguous single-family dwelling units. Each and every residential property shall be assigned one ERU.

 RETENTION. The holding of stormwater runoff in a constructed basin or pond or in a natural body of water without release except by means of evaporation, infiltration or emergency bypass.

 RETROFIT. To install a new BMP or improve an existing BMP.

 RUNOFF. That portion of precipitation that flows from a drainage area on the land surface, in open channels, or in stormwater conveyance systems.

 SEDIMENT. Solid material (both mineral and organic) that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface.

 SEDIMENTATION. The process that deposits soils, debris and other unconsolidated materials either on ground surfaces or in bodies of water or watercourses.

 SEWAGE. The water-carried wastes from residences, business buildings, institutions and industrial establishments, singularly or in any combination, together with such ground, surface and stormwaters as may be present.

 SEWER. May refer to storm, sanitary, or combined water conduction facility.

 SHEET DRAINAGE. Storm runoff that causes sheet erosion, or the gradual removal of a fairly uniform layer of soil from the land surface.

 SQUARE FOOTAGE OF IMPERVIOUS AREA. For the purpose of assigning an appropriate number of ERUs to a parcel of real property, the square footage of all impervious area using the outside boundary dimensions of the impervious area to include the total enclosed square footage, without regard to topographic features of the enclosed surface.

 STOP WORK ORDER. An order issued which requires that all construction activity on a site be stopped.

 STORM EVENT. An estimate of the expected amount of precipitation within a given period of time. For example, a 10-yr. frequency, 24-hr. duration storm event is a storm that has a 10% probability of occurring in any one year. Precipitation is measured over a 24-hr. period.

 STORM SEWER. A sewer designed or intended to convey only stormwater, surface runoff, street wash waters, and drainage, and not intended for sanitary sewage and industrial wastes other than unpolluted cooling water. The portion of a sewer intended to carry stormwater only, which begins at the grating or opening where water enters said sewer, through the sewer and any other conduits to the outlet structure where water enters a channel, natural watercourse or combined sewer. Also called a storm drain.

 STORMWATER. Water resulting from rain, melting or melted snow, hail, or sleet.

 STORMWATER FACILITIES. Various stormwater and drainage works under the control and/or ownership of the city, county, state or federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, other structural components and equipment designed to transport, move, or regulate stormwater.

 STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A plan developed to minimize the impact of storm water pollutants resulting from construction activities.

 STORMWATER QUALITY MANAGEMENT PLAN(SWQMP). A comprehensive written document that addresses stormwater runoff quality.

 STORMWATER SERVICE CHARGE. A charge imposed on users of the city's stormwater collection, impounding and transportation system.

 STORMWATER SERVICE CUSTOMER/USER. The owner of a lot or parcel of residential or non-residential property shall be considered the Division of Stormwater Management customers for the purpose of assessing stormwater service charges.

 STORMWATER SYSTEM. All constructed facilities, including combined sewers, structures and natural watercourses used for collecting and conducting stormwater to, through and from drainage areas to the point of final outlet, including, but not limited to, any and all of the following: inlets, conduits and appurtenant features, creeks, channels, catch basins, ditches, streams, culverts, retention or detention basins and pumping stations.

 TRAINED INDIVIDUAL. An individual who is trained and experienced in the principles of stormwater quality, including erosion and sediment control as may be demonstrated by state registration, professional certification, experience, or completion of coursework that enables the individual to make judgments regarding stormwater control or treatment and monitoring.

 WATER BODY. Any accumulation of water, surface, or underground, natural or artificial, excluding water features designed and designated as water pollution control facilities.

 WATER QUALITY. A term used to describe the chemical, physical, and biological characteristics of water, usually in respect to its suitability for a particular purpose.

 WATERCOURSE. Any river, stream, creek, brook, branch, natural or manmade drainageway in or into which stormwater runoff or floodwaters flow either continuously or intermittently.

Section 1.04 Severability.

(A) The invalidity of any section, sentence, clause, division, part or provision of this chapter shall not affect the validity of any other section, sentence, clause, division, part or provision of this chapter which can be given meaning without such invalid part or parts.

(B) All ordinances or parts of ordinances and sections of the municipal code of the city in conflict herewith are hereby repealed.