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Last month we discussed a little about the new county ordinance concerned with construction site storm water runoff. Today we are going to delve a little deeper into the ordinance and, hopefully, gain at least a basic understanding what is required at construction sites in terms of storm water runoff and some of the protection afforded citizens of the county. Before going any further, I must point out that it is a lengthy and technical ordinance and I’m definitely not an authority on it. This is simply an attempt to make you aware of some of its provisions so that if the occasion arises, you are aware of the basic requirements. It’s also important to note that many of these requirements are not new and were previously enforced though other legislation. For further information and study, the ordinance is Chapter 13.05 of the Vanderburgh County Code and can be viewed at the County Auditor’s web site or http://vanderburghgov.org/home/index.asp?page=63.

As you’ll remember, the ordinance applies to construction sites of one acre or more as well as less than one acre if it is part of a larger common plan totaling one acre or more. It does not apply to agricultural land disturbing activities (basically tillage, planting, cultivation, etc.) or forest harvesting. Nor does it apply to landfills or coal mines, which would be covered elsewhere.

A Notice of Intent (NOI) letter must be filed with the Indiana Department of Environmental Management (IDEM) and a construction plan must be submitted to the MS4 (Municipal Separate Storm Sewer) operator who, under this ordinance, is the County Engineer. The MS4 operator can require reasonable revisions to the plan if needed. While there are some distinctions between smaller projects and larger projects, the ordinance goes into very specific detail as to what the plan should contain. Implementation and management of storm water quality measures, erosion control measures and best management practices are a must.

Some of the more important requirements include:

• Sediment-laden water which may flow from the project site must be treated by appropriate erosion and sediment control measures,
• Appropriate measures must be implemented to minimize or eliminate wastes or unused building materials, including garbage, debris, cleaning wastes, wastewater, concrete truck washout, and other substances from being carried from the project site,
• Areas where concrete truck washout is permissible must be identified,
• Wastes and unused building materials must be managed and disposed of in accordance with all applicable statutes and regulations,
• An adequate stable construction site access must installed at each point of construction traffic ingress to and egress from a project site,
• Public or private roadways must be kept cleared of accumulated sediment that is a result of runoff or tracking,
• Bulk clearing of sediment must not include flushing the area with water,
• Cleared sediment must be redistributed or disposed of in a manner that is in accordance with applicable statutes and regulations,
• Storm water runoff leaving a project site must be discharged in a manner that is consistent with applicable federal, state, and local laws and rules,
• Phasing of construction activities must be used, where possible, to minimize disturbance of large areas of land,
• Collected storm water runoff leaving a project site must be either discharged directly into a well-defined, stable receiving channel, or diffused and released to adjacent property by an adequate method that does not cause an erosion, sediment, or pollution problem on the adjacent property,
• Drainage channels and swales must be sized, configured, constructed, and adequately protected so that their final gradients and resultant velocities will not cause erosion in the receiving channel or at the outlet,
• Natural features, including wetlands and sinkholes, must be protected from pollutants associated with storm water runoff,
• Areas without vegetation that are scheduled or likely to be left inactive for fifteen (15) days or more must be temporarily or permanently stabilized with measures appropriate for the season to minimize erosion potential,
• Vegetated areas with a density of less than seventy percent (70%) must be restabilized using appropriate methods to minimize erosion,
• The project site owner must implement a self-monitoring program,
• Proper storage and handling of materials such as fuels or hazardous wastes must be implemented and managed,
• Spill prevention and clean-up measures must be planned and implemented to minimize the potential for pollutants to contaminate surface or ground water or degrade soil quality,
• Final stabilization of a project site must be achieved following several criteria.

Additionally, the ordinance provides for inspection and enforcement as well as stiffer penalties for violations than in previous ordinances. It requires significant training for the MS4 Operator and others involved with the process along with developing procedures for public input and measurable program goals.

Again, this is simply an overview of the ordinance and for detailed specifics the complete ordinance should be referenced.
It does give the county good control over construction site storm water runoff but the personnel charged with enforcing the code can’t be everywhere all the time. This is where you can help. If you observe activities that you feel are in violation or questionable, bring it to the appropriate department's attention. If you are unsure who that is, call me (428-2529) and I’ll try to help.

Fred Padget, February 2006

Recently the Board of Commissioners of Vanderburgh County, the County Commissioners, passed a new ordinance “Concerning Construction Site Storm Water Runoff”.

You may recall, nearly two years ago we talked about a provision of the Federal Clean Water Act which requires the implementation of a program to reduce or eliminate pollutants in storm water runoff from construction sites where land disturbance is one acre or greater and located within Vanderburgh County and under the Commissioner‘s jurisdiction. Also included are sites less than one acre if they are a part of a project of totaling one acre or more. The previous requirement was five acres. In order to be compliant with this and other State and Federal National Pollutant Discharge Elimination System requirements this ordinance was enacted during November 2005. After much hard work, local officials put together a proposed ordinance about 1-½ years ago but because of other regulatory review and input, it was just now approved.

The local ordinance contains additional requirements for the process as well as greater punitive measures. One of the more important measures includes designation of the MS4 (Municipal Separate Storm Sewer System) operator. The Commissioners determined the Vanderburgh County Engineer to be the MS4 operator. As you know, John Stoll is the County Engineer. Other important aspects of the ordinance require that a plan be submitted to the MS4 operator or his agent two weeks before the anticipated plan approval date. The MS4 operator has two weeks to review the plan and respond with an approval or detail of deficiencies. The project site owner must implement a self-monitoring program with detailed documentation and have it available for review. The MS4 operator must develop procedures and protocols for the inspection process by trained individuals; provide continuing education and training; implement procedures for receipt of public inquires, concerns and information submitted as well as a tracking process; and set measurable goals for specific outreach, compliance and implementation schedules. The ordinance also contains a specific requirement for the Vanderburgh County Soil and Water Conservation District (VCSWCD) to have the opportunity to make technical comments and recommendations concerning proposed projects. The VCSWCD is well qualified to help in this area.

In regard to violations and penalties, the ordinance provides that each act and each condition that is out of compliance constitutes a separate and single violation. Each day that a violation exists also constitutes a separate violation. In effect, the procedure provides for two 10-day periods (possibly less depending on the seriousness of the violation) before a civil penalty is assessed. At that point, the penalty could be as high as $750 per violation. The penalty process has several other provisions including the ability to issue a “stop work order”.
The ordinance is 36 pages long and I’ve only skimmed the surface but I felt it was important for you to be aware of this new ordinance. The ordinance does provide for more stringent penalties and requires a great deal of outreach, record keeping and follow-up. We’ll continue to study it and, more importantly, see how it works in actual practice.

Perhaps next month, I’ll go into some specifics of exactly what the ordinance covers in terms of sediment, storm runoff and other aspects of the ordinance.

As spring approaches and rain or dust, with our weather who knows, becomes more prevalent, be observant. If you see excessive mud on the roads, high amounts of dust, storm water with excessive sediment or any other concern report it to the appropriate agency. Sometimes that is difficult to determine. If so, give me a call at 428-2529 or e-mail fcpadget@aol.com and I’ll try to help.

Fred Padget, January 2006
 

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