Chapter 13.15 STORMWATER MANAGEMENT

(A) It is recognized that storm sewers and their respective receiving drainage ditches, tiles, streams, channels, wetlands, lakes, and other drainage ways serving the city of Angola may not have sufficient capacity to receive and convey stormwater runoff resulting when land use changes from agricultural or other open uses to a more urbanized use covering previous uncovered or undeveloped land. It is further recognized that deposits of sediment from developments during and after construction can reduce capacities of storm sewers and drainage systems and result in damages to receiving streams and lakes.

(B) Stormwater runoff from lands modified by human activities threatens public health and safety by causing decreased infiltration of rainwater and increased runoff flows and velocities, which overtax the carrying capacity of existing streams and storm sewers, and greatly increases the cost to the public to manage stormwater.

(C) Inadequate planning and management of stormwater runoff resulting from land development and redevelopment throughout a watershed can also harm surface water resources by changing the natural hydrologic patterns, accelerating stream flows (which increase scour and erosion of stream-beds and stream banks thereby elevating sedimentation), destroying aquatic habitat and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals and pathogens. Groundwater resources are also impacted through loss of recharge.

(D) A program of stormwater management, including reasonable regulation of land development and redevelopment causing loss of natural infiltration, is fundamental to the public health, safety, welfare, and the protection of the people of the city of Angola and all the people of the state of Indiana, their resources, and the environment.

(E) Stormwater can be an important water resource by providing groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.

(F) Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.

(G) Federal and state regulations require certain municipalities to implement a program of stormwater controls. These municipalities are required to obtain a permit for stormwater discharges from their municipal separate storm sewer systems (MS4) under the National Pollutant Discharge Elimination System (NPDES).

(H) Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the state of Indiana by the city of Angola.

(I) Therefore, it shall be the policy of the city of Angola adopted by the Common Council and administered by the Board of Public Works and Safety (the Board) that the storage and controlled release of stormwater runoff and the control of erosion and sediment shall be required of all new development, any redevelopment, and other new construction in the city, including residential subdivisions and planned unit developments and the paving of areas that were previously undeveloped or stone/gravel materials. Because topography and the availability and adequacy of outlets for storm runoff vary with almost every site, the requirements for storm drainage tend to be an individual matter for any project. It is recommended that each project be discussed with the City Engineer’s office or the MS4 operator at the earliest practical time in the planning stage. [Ord. 1164-2004. Code 2000 § 54.01.]

13.15.020 Conflicting ordinances.

The provisions of this article shall be deemed as additional requirements to minimum standards required by other ordinances of the city. In the case of conflicting requirements, the most restrictive shall apply. When stormwater runoff from proposed developments, redevelopments, and other new construction will outlet directly to a Steuben County legal drain, or other natural drainage way, the proposed development, redevelopment and other new construction may also need to comply with the Steuben County Ordinance for Storm Drainage and Erosion Control. The Board may therefore also require a letter from the Steuben County Drainage Board indicating that the stormwater and erosion and sediment control plans have been submitted to and approved by the Steuben County Drainage Board. [Ord. 1164-2004. Code 2000 § 54.02.]

13.15.030 Compliance with other ordinances.

In addition to the requirements of this article, compliance with the requirements set forth in other applicable ordinances with respect to submission and approval of preliminary and final subdivision plats, improvements plans, building and zoning permits, construction inspections, appeals and similar matters, and compliance with applicable state of Indiana statutes and regulations shall be required. No building permit shall be issued for the construction, extension, remodeling, alteration or repair of any proposed or existing building in the city until a site improvement permit has been issued for the proposed site of the regulated building activity by the MS4 operator, or the MS4 operator has determined that the proposed regulated building activity is exempt. [Ord. 1696-2022 § 1; Ord. 1164-2004. Code 2000 § 54.03.]

Penalty: See AMC 13.15.400.

13.15.040 Site improvement permits.

(A) No construction activity within city limits of any type, including clearing, grubbing, earthmoving, excavating, grading, filling, concrete paving, bituminous paving, or other impervious surfacing, utility installation, and any and all other land disturbing or land altering activity or building construction or erection activity of any type may begin until the owner of record (owner of the land upon which the activities described above are taking place) for the project, or the owner’s designee by written document, has obtained a site improvement permit from the city of Angola’s municipal separate storm sewer (MS4) operator. In new subdivisions, the owner(s) of the subdivision must obtain the site improvement permit(s) for all new utility main line construction, including sanitary sewers, storm sewers, water supply, natural gas, electric, telephone, cable television, and any other utility providing service. On commercial and industrial projects the owner(s) must obtain the site improvement permit for all new utility main line and lateral construction, including sanitary sewers, storm sewers, water supply, natural gas, electric, telephone, cable television, and any other utility providing service. On residential projects the owner(s) must obtain the site improvement permit for all new utility lateral construction, including sanitary sewers, storm sewers, water supply, natural gas, electric, telephone, cable television, and any other utility laterals.

(B) Speculative builders that have an arrangement with the land owner(s) regarding transfer of the building site when the building or home is sold will be the person(s) responsible for obtaining the site improvement permit. In all other areas than those described above, where utilities are being installed, whether it be private property, public roadways, or public or private easements, the site improvement permit must be obtained by an authorized employee of the utility and not a contract representative or subcontractor.

(C) Stormwater control systems, erosion, and sediment control systems are required for all new construction and whenever lots and other parcels of land are being cleared, graded, paved, or improved.

(D) No site improvement permit is required for the following activities:

(1) Any emergency activity, which is immediately necessary for the protection of life, property, or natural resources.

(2) Existing nursery and agricultural operations.

(3) State, municipal or county public works projects and road or street construction or maintenance activities. However, the stormwater control and erosion and sediment control requirements must still be complied with.

(E) Site Improvement Plan Requirements.

(1) Boundary, dimensions, and bearings of the subject tract or parcel.

(2) North arrow and scale (scale between one inch = 20 feet and one inch = 100 feet), title block, legend, and location and elevations of benchmark(s).

(3) Adjacent streets, roads, highways, railroads, streams, lakes, ditches, tiles, storm sewers, manholes, catch basins, inlets, culverts, wetlands, flood hazard areas, and other notable features.

(4) All existing buildings, drives, parking areas, loading docks, concrete pads, and all other developed features. Gravel or stone parking areas or drives shall be distinguished from paved parking areas and drives.

(5) All undeveloped areas shall be shown and depicted as grass, crops, woodland, wetland, or other undeveloped use.

(6) All proposed demolition.

(7) All proposed building construction.

(8) All proposed parking area and driveway construction.

(9) All proposed storm drainage features, including details of the detention system and outlet control or release structure(s).

(10) All proposed landscaping, sodding, and seeding. Include temporary and permanent seeding with rates and dates.

(11) Existing spot elevations or contours. Note: The Board may require all contours.

(12) Proposed spot elevations or contours. Note: The Board may require all contours.

(13) Proposed Erosion and Sediment Control Features.

(a) Details of the areas to be cleared and details of the area where natural vegetation and natural vegetated buffer strips will be retained.

(b) A detailed schedule of the proposed construction phasing. Phasing is the clearing and grading of a parcel of land in distinct phases, with the stabilization of each phase before beginning the next phase.

(c) Temporary erosion control measures, necessary during the initial construction and establishment phases up to final site grading and seeding.

(d) A permanent erosion control plan of all the graded and non-hard surface areas within the proposed development, as planned for completion, up to and including seeding of the final lot on which business or residential dwellings are to be placed.

(e) Details concerning removal of temporary erosion control devices after the initial establishment of adequate vegetative cover.

(f) Maintenance procedures and responsible parties, as part of the continuing plan to keep all of the land under adequate cover and erosion at an acceptable minimum. Upon receipt of the erosion and sediment control plan, the MS4 operator, or his or her designated assignee, may at his or her discretion submit a copy to the local soil and water conservation district (SWCD) for review and concurrence.

(g) Modification to the Plan.

(i) Major amendments to the erosion and sediment control plan shall be submitted to the MS4 operator and shall be processed and approved, or disapproved, in the same manner as the original plans.

(ii) Field modifications of a minor nature may be authorized in writing by the MS4 operator to the permittee.

(h) For sites where the disturbance is equal to or greater than one acre (43,560 square feet), the owner must submit a notice of intent (NOI) to the Indiana Department of Environmental Management (IDEM) and follow the Rule 5 requirements pursuant to 327 IAC 15-5.

(14) All existing and proposed utilities.

(15) Plans for commercial sites and sites equal to or greater than one acre (43,560 square feet) must be prepared by an Indiana licensed professional engineer, land surveyor, architect, or designer certified by the American Institute of Building or a CPESC (certified professional in erosion and sediment control) or CPSWQ (certified professional in stormwater quality).

(16) The Board reserves the right to require plans prepared by the professionals listed in subsection (E)(15) of this section on any class project. This may be due to the complexity of the project or the inability of the applicant to furnish the required information.

(17) The Board reserves the right to require additional data not listed above in order to evaluate specific sites.

(F) Site improvement permits will be issued in the following classes:

Exempt (1,500 sq. ft. or less of land area disturbed or paved).

* Covered by improvement location permit requirements – AMC 18.192.050, Improvement location permit.

Class	Description (Size)	Fee
I	Minor Disturbance (1,500 – 5,000 sq. ft. of land area disturbed or paved).	$50.00
II	Minimal Disturbance (5,001 – 8,712 sq. ft. of land area disturbed or paved).	$100.00
III	New Residential/Nonresidential Construction (any lot size where less than 43,560 sq. ft. of land area is disturbed).	$200.00
IV	Intermediate Disturbance (8,713 – 43,559 sq. ft. of land area disturbed or paved).	$300.00
V	New Development/ Redevelopment (43,560 sq. ft. or more of land area disturbed or multi-lot project sites regulated by Rule 5 requirements).	$600.00

(G) Failure to apply for and obtain site improvement permit or failure to properly describe scope of project:

(1) Immediate stop work order for all work in progress.

(2) $500.00 fine.

(3) The city may order that the site be returned to the preconstruction condition if the proper permits are not applied for and obtained.

(4) If the city must perform or contract the site restoration due to the failure of the responsible land owner or developer or on-site contractor to do so, or due to the existence of an emergency situation caused by runoff, sediment, or other debris from the site, the responsible land owner, developer or contractor will be billed the actual costs of the cleanup plus $500.00. [Ord. 1696-2022 § 2; Ord. 1438-2013; Ord. 1349-2010; Ord. 1183-2004; Ord. 1164-2004. Code 2000 § 54.04.]

Penalty: See AMC 13.15.400.

13.15.050 Stormwater control information and design requirements.

(A) Exceptions. The central business district is exempt from the stormwater provisions of this article. Estate residential (ER), single-family residential (R1 – R3), and multi-family residential (R4 – R5) construction or development that is not included within a platted subdivision is exempt from the stormwater provisions of this article unless the maximum ground coverage for the proposed construction exceeds the maximum ground coverage specified in the respective zoning district. In that case the stormwater runoff from the area exceeding the maximum ground coverage specified is subject to the provisions of this article. The central business district, ER, and R1 – R5 zoning areas are not exempt from the requirement to apply for and obtain a site improvement permit.

(B) Existing Impervious Area.

(1) The designer shall show on the site plan, in tabular form, the total existing or preconstruction impervious area, in square feet or acres (43,560 square feet per acre), that exists on the site in its present or preconstruction or predevelopment condition.

(2) For the purpose of this article, any building, bituminous or concrete paved area, and other hard surface areas are assumed impervious.

(3) For the purpose of this article, areas comprised of stone, gravel, cinder, brick, compacted aggregate, or other ornamental, natural or unnatural aggregates, will be reduced by 25 percent, or calculated to be 75 percent impervious. For example, 100-square-foot area of gravel parking area will be considered to consist of 75 square feet of impervious area.

(4) When other areas and other materials exist that are less than 100 percent impervious, the designer may propose other reductions to the impervious area based upon values from Table 3.2.3 for the rational method, as presented in the HERPICC Stormwater Drainage Manual, July 1994. The Board will make the final determination in all matters regarding calculations of the impervious area.

(C) Proposed Impervious Area. The designer shall show on the site plan, in tabular form, the proposed post construction impervious area in square feet or acres (43,560 square feet per acre), for the site in its proposed post-construction or post-development condition.

(D) Required Stormwater Storage Area. The proposed impervious area minus the existing impervious area equals the required stormwater storage area.

(E) Required Stormwater Storage Volume.

(1) The required stormwater storage area (in square feet) times 0.125 feet (one and one-half inches) equals the required stormwater storage volume in cubic feet.

(2) The Board reserves the right to require additional stormwater storage volume if the capacity of the receiving downstream channel or storm sewer system is limited or inadequate.

(3) Required stormwater storage volume in cubic feet divided by 43,560 equals required stormwater volume in acre-feet.

(F) Stormwater Storage Methods.

(1) The required stormwater storage volume must be detained on site by the provisions of appropriate wet or dry bottom reservoirs, by underground tanks or pipes, by storage on flat roofs, parking areas, lawns or other acceptable techniques.

(2) Measures which retard the rate of overland flow and the velocity in runoff channels shall also be used to partially control runoff rates.

(G) Stormwater Release Rate.

(1) The allowable release rate varies for each site because the allowable release rate is dependent upon the capacity of the receiving downstream channel or storm sewer system.

(2) If the required stormwater storage volume is being detained in an area used by the public, for example in a parking lot, it will generally be the policy of the Board to allow a release rate which empties a full detention area in two to four hours.

(3) If the required stormwater storage volume is being detained in an area not critical to public use, for example a dry bottom reservoir, it will generally be the policy of the Board to allow a release rate which empties a full detention area in eight to 12 hours.

(4) It will generally be the policy of the Board that the stormwater release rate shall not result in storage duration in excess of 48 hours unless additional storms occur within the same 48-hour period.

(5) The Board will make the final determination in all matters regarding allowable release rates.

(H) General Detention Basin Design Requirements.

(1) The maximum planned depth of stormwater stored (without a permanent pool) shall not exceed four feet unless a six-foot-high fence protects the basin.

(2) All stormwater detention facilities shall be separated by not less than 25 feet from any occupied building or structure.

(3) Safety screens having a maximum opening of four inches shall be provided for any pipe or opening to prevent children or large animals from crawling into the structures.

(4) Danger signs shall be mounted at appropriate locations to warn of deep water, possible flood conditions during storm periods and other dangers that exist. Fencing shall be provided if deemed necessary by the Board.

(5) Outlet control structures shall be designed to operate as simply as possible and shall require little or no maintenance and/or attention for proper operation. They shall limit discharges into existing or planned downstream channels or conduits so as not to exceed the stormwater release rate.

(6) Emergency overflow facilities such as a weir or spillway shall be provided in case the normal discharge devices become totally or partially inoperative. The overflow facility shall have a stable outlet structure and be of such design that its operation is automatic and does not require manual attention.

(7) Grass or other suitable vegetative cover shall be provided throughout the entire detention storage basin area. Grass shall be cut regularly at approximately monthly intervals during the growing season or as required to maintain the facility.

(8) Debris and trash removal and other necessary maintenance shall be performed on a regular basis to assure continued operation in conformance to design.

(9) No detention facility or other water storage area, permanent or temporary, shall be constructed under or within 10 feet of any pole or high voltage electric line. Likewise, poles or high voltage electric lines shall not be placed within 10 feet of any detention facility or other water storage facility.

(10) Detention facilities must maintain setbacks from private and public water supply facilities as prescribed by Indiana State Board of Health and the recommended standards for water works by the Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers.

(11) The top of all banks (the point where the pond’s back slope meets finished grade) and the toe of all fill slopes shall be a minimum of 10 feet from all property lines.

(12) Detention/retention basins shall be designed with an additional six percent of available capacity to allow for sediment accumulation resulting from development and to permit the pond to function for reasonable periods between cleanings. Basins should be designed to collect sediment and debris in specific locations so that removal costs are kept to a minimum.

(I) Dry Bottom Facility Design Requirements. Detention facilities which will not contain a permanent pool of water shall comply with the following requirements:

(1) Provisions shall be incorporated into facilities for complete interior drainage of dry bottom facilities, including the provisions of natural grades to outlet structures, longitudinal and transverse grades to perimeter drainage facility, paved gutters, or the installation of subsurface drains.

(2) The detention facility shall, whenever possible, be designed to serve as a secondary or multipurpose function.

(3) In excavated detention facilities, side slopes of 3:1 or flatter shall be provided for stability. In the event of valley storage, natural slopes may be considered stable.

(J) Wet Bottom Facility Design Requirements. Where part of a detention facility will contain a permanent pool of water, all the items required for general and dry bottom detention storage shall apply except that the system of drains required to maintain a dry bottom facility will not be required. A controlled positive outlet will be required to maintain the design water level in the wet bottom facility and provide required detention storage above the design water level. However, the following additional conditions shall apply:

(1) Facilities designed with permanent pools or containing permanent lakes shall have a water area of at least one-half acre. If fish are to be used to keep the pond clean, a minimum depth of approximately 10 feet shall be maintained over at least 25 percent of the pond area. The remaining lake area shall have no extensive shallow areas, except as required by subsection (J)(3) of this section.

(2) In excavated lakes, the underwater side slopes in the lake shall be stable. In the event of valley storage, natural slopes may be considered stable.

(3) A safety ledge four to six feet in width is required and shall be installed in all lakes approximately 30 to 36 inches below the permanent water level. In addition, a similar maintenance ledge 12 to 18 inches above the permanent water line shall be provided. The slope between the two ledges shall be stable and of a material such as stone or riprap which will prevent erosion due to wave action.

(4) A safety ramp exit from the lake will be required in all cases and shall have a minimum width of 20 feet and exit slope of six horizontal to one vertical (6:1). The ramp shall be of a material that will prevent its deterioration due to vehicle use or wave action.

(5) Periodic maintenance is required in lakes to control weed and larval growth. The facility shall also be designed to provide for the easy removal of sediment, which will accumulate during periods of reservoir operation. A means of maintaining the designed water level of the lake during prolonged periods of dry weather is also required.

(6) For emergency use, facility cleaning or shoreline maintenance, additional facilities may have to be provided or plans prepared for auxiliary equipment to permit emptying and drainage.

(7) Aeration facilities to prevent pond stagnation shall be provided, if required. Design calculations to substantiate the effectiveness of these aeration facilities shall be submitted with final engineering plans. Agreements for the perpetual operation and maintenance of aeration facilities shall be prepared to the satisfaction of the Board.

(K) Rooftop Storage. Detention storage requirements may be met in total or in part by detention on flat roofs. Details of such design to be included in the building permit application shall include the depth and volume of storage, details of outlet devices and downdrains, elevations of emergency overflow provisions and certification of the structural portion of the building design plans by a professional engineer or architect.

(L) Parking Lot Storage. Paved parking lots may be designed to provide temporary detention storage of stormwaters on all or a portion of their surfaces. Outlets will be designed so as to empty the stored waters slowly. Depths of storage shall be limited to a maximum of eight inches in vehicle parking areas so as to limit damage to parked vehicles and so that access to parked vehicles is not impaired.

(M) Underground Tanks or Pipes. Detention storage requirements may be met in total or in part by detention in underground tank(s) or in a network of underground pipes. Tanks must be of reinforced concrete construction unless otherwise approved by the Board. Pipes must be reinforced concrete or dual wall (corrugated exterior/smooth interior) high-density polyethylene (HDPE) materials unless otherwise approved by the Board. Details of the underground storage system and the outlet or release structure(s) are to be included in the building permit application.

(N) Retention Basins. Retention basins (no outlet) are considered a last resort system. The Board may require the construction of a suitable outlet to prevent the use of retention basins. A retention basin will not be considered unless infiltration wells, dry wells, or other subsurface absorption system is proposed in conjunction with the retention well.

(O) Facility Financial Responsibilities. The construction cost of stormwater control systems and required facilities shall be accepted as part of the cost of land development.

(P) Facility Maintenance Responsibilities. Maintenance of detention/retention facilities during construction and thereafter shall be the responsibility of the land developer/owner. Assignment of responsibility for maintaining facilities serving more than one lot or holding shall be documented by appropriate covenants to property deeds, unless responsibility is formally accepted by a public body, and shall be determined before the final drainage plans are approved. No building permits will be issued until the documents accepting or assigning maintenance responsibilities has been approved by the City Attorney.

(Q) Inspections. All public and privately owned detention storage facilities may be inspected by representatives of the city.

(R) Corrective Measures. If deficiencies are found by the inspector, the owner of the detention/retention facility will be required to take the necessary measures to correct such deficiencies. If the owner fails to do so, the city will undertake the work and collect the cost of maintenance or repair from the owner using lien rights if necessary.

(S) Joint Development of Control Systems. Stormwater control systems may be planned and constructed jointly by two or more developers as long as compliance with this article is maintained.

(T) Installation of Erosion Control Systems. No construction may start until the owner and/or developer and/or contractor and/or other designated representative for the project has obtained a site improvement permit. Runoff and erosion control systems shall be installed as soon as possible during the course of site development. The city will require an erosion control plan to be submitted as part of the construction plans and specifications.

(U) Detention Facilities in Floodplains. If detention storage is provided within a 100-year floodplain, only the net increase in storage volume above that which naturally existed on the floodplain shall be credited to the development. No credit will be granted for volumes below the elevation of the regulatory flood at the location unless compensatory storage is also provided.

(V) Off-Site Drainage Provisions. When the allowable runoff is released in an area that is susceptible to flooding, the developer may be required to construct appropriate storm drains through such area to avert increased flood hazard caused by the concentration of allowable runoff at one point instead of the natural overland distribution. The requirement of off-site drains shall be at the discretion of the Board.

(W) As-Built Plans. Whenever the Board has agreed to consider accepting facilities constructed by developers, a professionally prepared (by professional engineer or registered land surveyor), and certified as-built set of prints or plans shall be submitted to the Board for review. [Ord. 1508-2015; Ord. 1164-2004. Code 2000 § 54.05.]

Penalty: See AMC 13.15.400.

13.15.060 Erosion and sediment control – Required practices.

(A) Minimum practices are required at all sites. The following practices, alone or in combination with other practices and dependent upon existing conditions at the site must be implemented in order to comply with this article:

(1) Temporary stone/gravel construction entrance/exit drive. Drive to be constructed 12 feet wide by 50 feet long with adequate radii for one-way traffic. Two-way traffic requires a minimum width of 20 feet. Stone/gravel to be added and maintained as necessary to maintain six inches of clean depth.

(2) Perimeter barriers, for example, silt fence or straw bales are required to protect all downslope project perimeters. Straw bales shall be properly entrenched (bottom of straw bale below the adjacent ground level) and backfilled, with ends of adjacent bales abutting each other, and be securely anchored by at least two wooden stakes or steel rebars driven through each bale into the ground below. Silt fence shall be provided with wooden or steel rebar stakes at a minimum spacing of six feet for reinforced barriers and four feet for nonreinforced barriers. Install silt fence with stakes on the downslope side. Twelve inches of fabric should be installed in an excavated trench four inches wide by eight inches deep. Earth barriers may be used if the downslope sides have temporary seeding installed in accordance with the requirements at subsection (A)(6) of this section.

(3) Protection of existing facilities, e.g., protecting inlets, culverts, or storm drains with straw bales, fabrics, slotted barrels, aggregates, silt-sacks, gutter buddies or other accepted practices outlined in the handbook.

(4) Slope protection, e.g., protecting slopes with temporary seeding or sodding, permanent seeding or sodding, aggregates, fabrics, or erosion control blankets, or turf reinforcement mats.

(5) Installation of nonperforated flexible drainage tile to be used as temporary downspout extenders until seeding is established.

(6) Installation of temporary seeding and timely application or installation of the permanent seeding or sodding. Temporary seeding shall consist of annual ryegrass, perennial ryegrass, oats, wheat, or a mix of the various seeds. Steuben County surveyor’s mix is an example of an acceptable temporary seed mixture. Seeding shall be applied at the rate of 60 pounds per acre. Temporary seeding shall be applied whenever unvegetated areas are scheduled to be left inactive for 15 days or more. Temporary or permanent seeding shall be considered adequate when the vegetative cover is greater than 70 percent of the seeded area.

(7) Soil stockpiles must be stabilized, covered, or protected by perimeter barriers at the end of each workday.

(8) Techniques shall be employed to prevent the blowing of dust or sediment from the site. For example, water trucks may be required to settle dust and sediment from earth-moving operations.

(9) After October 30th, the entire site must be stabilized using a heavy mulch layer, or another Board-approved method, that does not require germination to control erosion.

(B) Failure to implement minimum required practices or the best management practices (BMPs) on the plan approved by the MS4 operator may result in:

(1) Stop work order by the MS4 operator for all work at that site in accordance with the site improvement permit until the required practices or the approved best management practices (BMPs) are implemented.

(2) Stop work order by the MS4 operator for all work at that site in accordance with the site improvement permit until cleanup required by failure to implement minimum expected practices or the approved best management practices (BMPs) is completed. Note: If the city must perform or contract the cleanup due to the failure of the responsible land owner, or developer, or on-site contractor to do so, or due to the existence of an emergency situation caused by runoff, sediment, or other debris from the site, the responsible land owner, developer or contractor will be billed the actual costs of the cleanup plus $500.00 per occurrence.

(3) Revocation of site improvement permit, building permits, or both. The Board reserves the right to revoke either or both permits when the actions of the landowner, developer, or contractor are in total disregard of the provisions of this article. [Ord. 1164-2004. Code 2000 § 54.06.]

Penalty: See AMC 13.15.400.

13.15.070 Rule 5 sites.

For sites where the disturbance is equal to or greater than one acre (43,560 square feet), the owner must submit a notice of intent (NOI) to the Indiana Department of Environmental Management (IDEM) and follow Rule 5 requirements listed in 327 IAC 15-5. [Ord. 1164-2004. Code 2000 § 54.07.]

Penalty: See AMC 13.15.400.

13.15.080 Disclaimer of liability.

The degree of protection required by this article is considered reasonable for regulatory purposes and is based on historical records, engineering, and scientific methods of study. Larger storms may occur or stormwater runoff depths may be increased by manmade or natural causes. This article does not imply that land uses permitted will be free from stormwater damage. This article shall not create liability on the part of the city or any official or employee thereof for any damage, which may result from reliance on this article, or any administrative decision lawfully made thereunder. [Ord. 1164-2004. Code 2000 § 54.08.]

13.15.090 Corrective action.

Nothing herein contained shall prevent the city from taking such other lawful action as may be necessary to prevent or remedy any violation. All costs connected therewith shall accrue to the person or persons responsible. [Ord. 1164-2004. Code 2000 § 54.09.]

Article II. Pollution, Illicit Connections and Discharges

13.15.100 Purpose – Intent.

The purpose of this article is to provide for the health, safety, and general welfare of the public through the regulation of nonstormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the city of Angola municipal separate storm sewer system (MS4) and the city of Angola MS4 conveyances in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this article are:

(A) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) and MS4 conveyances by stormwater discharges by any user.

(B) To prohibit illicit connections and discharges to the municipal separate storm sewer system (MS4) and MS4 conveyances.

(C) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article. [Ord. 1159-2004. Code 2000 § 54.20.]

13.15.110 Definitions.

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

“Authorized enforcement agency” means City of Angola Board of Public Works and Safety.

“Authorized enforcement agent” means the MS4 operator, the Wastewater Superintendent, the Street Commissioner, their designees, and other city of Angola employees operating under authority of the City of Angola Board of Public Works and Safety.

“Best management practices” (“BMPs”) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

“Clean Water Act” means the federal Water Pollution Control Act (33 USC Section 1251 et seq.), and any subsequent amendments thereto.

“Construction activity” means activity from construction projects, land disturbance, or land altering projects. These activities include but are not limited to clearing and grubbing, grading, excavating, demolition, erection, framing, concrete work, paving, and landscaping.

“Hazardous materials” means any material, including any substance, waste, or combination thereof which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

“Hearing authority” means the person designated by the Mayor to serve as the administrative body to conduct administrative proceedings.

“Illegal discharge” means an illicit or indirect nonstormwater discharge to the storm drains system, except as exempted in AMC 13.15.150.

“Illicit connections” means either of the following:

(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including but not limited to any conveyances which allow any nonstormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether the drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or

(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

“Industrial activity” means activities subject to NPDES industrial permits as defined in 40 C.F.R. Part 122.26(b)(14).

“National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit” means a permit issued by EPA (or by a state under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

“Nonstormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.

“Person” means any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner or as the owner’s agent.

“Pollutant” means anything that causes or contributes to pollution. “Pollutants” may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes; yard wastes, including grass, brush, leaves, and limbs; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations, so that same may cause or contribute to pollution; floatables, pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; soil and sediments; and noxious or offensive matter of any kind.

“Premises” means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

“Storm drainage system” means publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, swales, ditches, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

“Stormwater” means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

“Stormwater pollution prevention plan” means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

“Wastewater” means any water or other liquid, other than uncontaminated stormwater, discharged from a facility. [Ord. 1159-2004. Code 2000 § 54.21.]

13.15.120 Applicability.

This article shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agent. [Ord. 1159-2004. Code 2000 § 54.22.]

13.15.130 Responsibility for administration.

The authorized enforcement agents shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the authorized enforcement agents may be delegated in writing by the City of Angola Board of Public Works and Safety to persons or entities acting in the beneficial interest of or in the employ of the agency. [Ord. 1159-2004. Code 2000 § 54.23.]

13.15.140 Ultimate responsibility.

The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore, this article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. [Ord. 1159-2004. Code 2000 § 54.24.]

13.15.150 Discharge prohibitions.

(A) Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the city of Angola municipal storm drain system or conveyances any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

(1) The following discharges are exempt from discharge prohibitions established by this article: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated – typically less than one part per million chlorine), firefighting activities, and any other water source not containing pollutants.

(2) Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.

(3) Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test.

(4) The prohibition shall not apply to any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the federal Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.

(B) Prohibition of Illicit Connections. The construction, use, maintenance, or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is in violation of this article if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. [Ord. 1159-2004. Code 2000 § 54.25.]

Penalty: See AMC 13.15.400.

13.15.160 Suspension of MS4 access.

(A) Suspension Due to Illicit Discharges in Emergency Situation. The authorized enforcement agency may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge, which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.

(B) Suspension Due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this article may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing.

(C) A person violates this article if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the authorized enforcement agency. [Ord. 1159-2004. Code 2000 § 54.26.]

Penalty: See AMC 13.15.400.

13.15.170 Industrial or construction activity discharges.

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of that permit. Proof of compliance with the permit may be required in a form acceptable to the authorized enforcement agency prior to the allowing of discharges to the MS4. [Ord. 1159-2004. Code 2000 § 54.27.]

Penalty: See AMC 13.15.400.

13.15.180 Monitoring of discharges.

(A) This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.

(B) Access to Facilities.

(1) The authorized enforcement agent shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force, which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to agents of the authorized enforcement agency.

(2) Facility operators shall allow the authorized enforcement agent ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of a NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.

(3) The authorized enforcement agent shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility’s stormwater discharge.

(4) The authorized enforcement agent has the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

(5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the facility operator at the written or oral request of the authorized enforcement agent and shall not be replaced. The costs of clearing such access shall be borne by the facility operator.

(6) Unreasonable delays in allowing the authorized enforcement agent access to a permitted facility are a violation of a stormwater discharge permit and of this article. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the authorized enforcement agent reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.

(7) If the authorized enforcement agent has been refused access to any part of the premises from which stormwater is discharged, and he or she is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agent may seek issuance of a search warrant from any court of competent jurisdiction. [Ord. 1159-2004. Code 2000 § 54.28.]

Penalty: See AMC 13.15.400.

13.15.190 Requirement to prevent, control and reduce stormwater pollutants by the use of BMPs.

The Board of Public Works and Safety will adopt requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and nonstructural BMPs. Further, any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at that person’s expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. [Ord. 1159-2004. Code 2000 § 54.29.]

Penalty: See AMC 13.15.400.

13.15.200 Watercourse protection.

Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse so that the structures will not become a hazard to the use, function, or physical integrity of the watercourse. [Ord. 1159-2004. Code 2000 § 54.30.]

Penalty: See AMC 13.15.400.

13.15.210 Notification of spills.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or water of the United States, that person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, that person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, that person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. These records shall be retained for at least three years. [Ord. 1159-2004. Code 2000 § 54.31.]

Penalty: See AMC 13.15.400.

13.15.220 Enforcement – Notice of violation.

(A) Whenever the authorized enforcement agent finds that a person has violated a prohibition or failed to meet a requirement of this article, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. That notice may require without limitation:

(1) The performance of monitoring, analyzing, and reporting;

(2) The elimination of illicit connections or discharges;

(3) That violating discharges, practices, or operations shall cease and desist;

(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5) Payment of a fine to cover administrative and remediation costs; and

(6) The implementation of source control or treatment BMPs.

(B) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which the remediation or restoration must be completed. The notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. [Ord. 1159-2004. Code 2000 § 54.32.]

13.15.230 Appeal of notice of violation.

(A) Any person receiving a notice of violation may appeal the determination of the authorized enforcement agency to the hearing authority in care of the Office of the Mayor, 210 North Public Square, Angola, Indiana 46703. An order becomes a final order if an appeal is not timely or properly made. The appeal must be in writing and must state with reasonable clarity the basis for an appeal. The appeal must be received within seven business days from the date of the notice of violation.

(B) Upon receipt of an appeal, a hearing before the hearing authority and to be conducted by the hearing authority will be scheduled and the person filing the appeal will be notified of the time, place and date of the hearing. At the hearing the person filing the appeal may appear in person or by an attorney, may present evidence, may cross-examine witnesses, and may present argument.

(1) Affirm the order of compliance in the notice of violation;

(2) Rescind the order of compliance in the notice of violation; or

(3) Modify the order of compliance in the notice of violation, but unless the person to whom the order was issued, or counsel for that person, is present at the hearing, the hearing authority may modify the order only in a manner what makes its terms less stringent. The record of the findings made and action taken by the hearing authority shall be available to the public upon request. [Ord. 1159-2004. Code 2000 § 54.33.]

13.15.240 Enforcement measures after appeal.

(A) If the violation has not been corrected pursuant to the requirements set forth in the order of compliance in the notice of violation, or, in the event of an appeal, as affirmed or modified by the hearing authority, within 10 days of the date of the notice of violation or the decision of the hearing authority, respectively, then representatives of the Board of Public Works and Safety may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property.

(B) It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the government agency or designated agent or contractor to enter upon the premises for the purposes set forth above.

(C) At its option, the Board of Public Works and Safety may seek to have its decision enforced by the Steuben Circuit or Superior Courts. [Ord. 1159-2004. Code 2000 § 54.34.]

13.15.250 Cost of abatement of the violation.

Violations of this article are subject to civil fines and penalties as prescribed by the provisions of the Indiana Code and this code. [Ord. 1159-2004. Code 2000 § 54.35.]

13.15.260 Violations deemed a public nuisance.

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense, and/or civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. [Ord. 1159-2004. Code 2000 § 54.36.]

Cross-reference: Nuisances, see Chapter 8.15 AMC.

13.15.270 Remedies not exclusive.

The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the Board of Public Works and Safety to seek cumulative remedies. [Ord. 1159-2004. Code 2000 § 54.37.]

13.15.280 Administrative proceedings.

(A) This article may be enforced through administrative proceedings.

(B) The administrative body before which the proceeding may be brought shall be known as the Hearing Authority and shall consist of a person designated by the Mayor to so serve. The Hearing Authority shall be an attorney at law and shall not otherwise be employed by the city. The person shall be designated on a case-by-case basis.

(C) The administrative proceedings shall be conducted in conformity with the applicable provisions of IC 36-1-6-9. [Ord. 1160-2004. Code 2000 § 54.38.]

Article III. Regulating Stormwater Quality Management for Post-Construction Operation and Maintenance

13.15.290 Applicability – Exemptions.

(A) The stormwater pollution prevention plan, which is to be submitted to the city of Angola municipal separate storm sewer system (MS4) operator as part of the stormwater management permit application, must also include post-construction stormwater quality measures. These measures are incorporated as a permanent feature into the site plan and are left in place following completion of construction activities to continuously treat stormwater runoff from the stabilized site. Any project located within the city of Angola that includes clearing, grading, excavation, concrete or bituminous paving, and other land disturbing activities, resulting in the disturbance of or impact on one acre or more of total land area, is subject to the requirements of this article. This includes both new development and redevelopment, and disturbances of less than one acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres of land, within the MS4 area.

(B) The requirements under this article do not apply to the following activities:

(1) Agricultural land disturbing activities;

(2) Forest harvesting activities;

(3) Construction activities associated with a single-family residential dwelling disturbing less than five acres, when the dwelling is not part of a larger common plan of development or sale;

(4) Single-family residential developments consisting of four or less lots;

(5) A single-family residential strip development where the developer offers for sale or lease without land improvements and the project is not part of a larger common plan of development of sale; or

(6) Individual building lots within a larger permitted project.

(C) The requirements under this article do not apply to the following activities, provided other applicable state permits contain provisions requiring immediate implementation of soil erosion control measures:

(1) Landfills that have been issued a certification of closure under 329 IAC 10.

(2) Coal mining activities permitted under IC 14-34.

(3) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the Indiana Department of Environmental Management under 329 IAC 10 that contains equivalent stormwater requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.

(D) It will be the responsibility of the project site owner to complete a site improvement permit application and ensure that a sufficient construction plan is completed and submitted to the city of Angola municipal separate storm sewer system (MS4) operator in accordance with AMC 13.15.010 et seq. and/or 327 IAC 15-5 (Rule 5). It will be the responsibility of the project site owner and/or project site owner’s designee to ensure proper construction and installation of all stormwater BMPs in compliance with this article and with the approved stormwater management permit, and to notify the city of Angola municipal separate storm sewer system (MS4) operator with a sufficient notice of termination letter upon completion of the project and stabilization of the site. However, all eventual property owners of stormwater quality management facilities meeting the applicability requirements must comply with the requirements of this article. [Ord 1207-2005. Code 2000 § 54.50.]

13.15.300 Policy.

(A) It is recognized that developed areas, as compared to undeveloped areas, generally have increased imperviousness, decreased infiltration rates, increased runoff rates, and increased concentrations of pollutants such as fertilizers, herbicides, greases, oil, salts and other pollutants. As new development and redevelopment continues in the city of Angola, measures must be taken to intercept and filter pollutants from stormwater runoff prior to reaching legal drains, streams, rivers, and lakes. Through the use of best management practices (BMPs), stormwater runoff will be filtered and harmful amounts of sediment, nutrients, and contaminants will be removed. The city of Angola has adopted a policy that the control of stormwater quality will be based on the management of total suspended solids (TSS).

(B) (1) The project site owner must submit to the city of Angola MS4 operator a stormwater pollution prevention plan (SWPPP). The stormwater pollution prevention plan (SWPPP) must include the following information:

(a) A description of potential pollutant sources from the proposed land use that may reasonably be expected to add a significant amount of pollutants to stormwater discharges.

(b) Location, dimensions, detailed specifications, and construction details of all post-construction stormwater quality measures (BMPs).

(c) A description of measures that will be installed to control pollutants in stormwater discharges that will occur after construction activities have been completed. Such practices include infiltration of runoff, flow reduction by use of open vegetated swales and natural depressions, buffer strip and riparian zone preservation, filter strip creation, minimization of land disturbance and surface imperviousness, maximization of open space, and stormwater retention and detention ponds.

(d) A sequence describing when each post-construction stormwater quality measure will be installed.

(e) Stormwater quality measures that will remove or minimize pollutants from stormwater runoff.

(f) Stormwater quality measures that will be implemented to prevent or minimize adverse impacts to stream and riparian habitat.

(g) A narrative description of the maintenance guidelines for all post-construction stormwater quality measures to facilitate their proper long term function. This narrative description shall be made available to future parties who will assume responsibility for the operation and maintenance of the post-construction stormwater quality measures.

(2) Best management practices (BMPs) shall be as listed in EPA’s “National Menu for BMP Practices for Post-Construction Storm Water Management” or the Indiana Stormwater Quality Manual (formerly Indiana Handbook for Erosion Control). The noted BMPs must be designed, constructed, and maintained according to guidelines provided in the above referenced menu or manual or as provided by the manufacturer of the stormwater BMP. Practices other than those specified in the preapproved list may be utilized. However, the burden of proof, as to whether the performance (minimum 80 percent TSS removal) and ease of maintenance of such practices will be placed with the applicant. Details regarding the procedures and criteria for consideration of acceptance of such BMPs are available from the International Stormwater Best Management Practices (BMP) Database developed by the Federal Highway Administration (FHWA) and the American Society of Civil Engineers (ASCE). The information and data is available at http://www.167122.bmpdatabase.org.

(C) New retail gasoline or diesel fuel outlets, new municipal, state, federal, or institutional gasoline or diesel refueling areas, or new privately owned gasoline or diesel refueling areas, or existing gasoline or diesel outlets and refueling areas that replace their existing tanks or install additional new tanks must install appropriate practices to reduce lead, copper, zinc, and hydrocarbons in stormwater runoff. The treatment system installed must be capable of removing 80 percent of floatables, sediments, and oils from the on-site stormwater system before discharging to a city of Angola storm sewer, Steuben County legal drain, or other natural or artificial drainage way. In addition, individual properties that have five acres or more of paved (asphalt, concrete, brick, stone pavers, or other impervious materials) area must install appropriate practices to reduce lead, copper, zinc, and hydrocarbons in stormwater runoff. The treatment system installed must be capable of removing 80 percent of floatables, sediments, and oils from the on-site stormwater system before discharging to a city of Angola storm sewer, Steuben County legal drain, or other natural or artificial drainage way. [Ord. 1207-2005. Code 2000 § 54.51.]

13.15.310 Calculations – Design standards – Specifications.

Calculation of land disturbance should follow the guidelines outlined in the Indiana Stormwater Quality Manual. The calculation methods as well as the type, sizing, and placement of all stormwater quality management measures or BMPs shall meet the design criteria, standards, and specifications outlined in the Indiana Stormwater Quality Manual (formerly Indiana Handbook for Erosion Control). The methods and procedures included in these two references are in keeping with the above stated policy and meet the requirements of IDEM’s Rule 13. [Ord. 1207-2005. Code 2000 § 54.52.]

13.15.320 Easement requirements.

All stormwater quality management systems, including detention or retention basins, filter strips, pocket wetlands, in-line filters, infiltration systems, conveyance systems, structures and appurtenances located outside of the right-of-way shall be incorporated into permanent easements. For the purposes of monitoring, inspection, and general maintenance activities, a 25-foot-wide perimeter beyond the actual footprint of the stormwater quality management facility as well as a 25-foot-wide access easement from a public right-of-way to each BMP shall be provided. [Ord. 1207-2005. Code 2000 § 54.53.]

13.15.330 Inspection – Maintenance – Record keeping – Reporting.

(A) After the approval of the stormwater management permit by the city of Angola municipal separate storm sewer system (MS4) operator and the commencement of construction activities, the city of Angola municipal separate storm sewer system (MS4) operator has the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this chapter and the terms and conditions of the approved permit.

(B) Stormwater quality management facilities shall be maintained in good condition, in accordance with the operation and maintenance procedures and schedules listed in the Indiana Stormwater Quality Manual and/or the terms and conditions of the approved stormwater pollution prevention plan (SWPPP), and shall not be subsequently altered, revised, or replaced except in accordance with the approved stormwater pollution prevention plan (SWPPP), or in accordance with approved amendments or revisions in the permit. Following construction completion, maintenance of stormwater quality facilities shall be the long-term responsibility of the facility’s owner, its successors and assigns, including any homeowners’ association.

(C) The city of Angola municipal separate storm sewer system (MS4) operator has the authority to perform long-term, post-construction inspection of all public or privately owned stormwater quality facilities. The inspections will follow the operation and maintenance procedures included in the Stormwater Technical Standards Manual and/or permit application for each specific BMP. The inspection will cover physical conditions, available water quality storage capacity and the operational condition of key facility elements. Noted deficiencies and recommended corrective action will be included in an inspection report. If deficiencies are found during the inspection, the owner of the facility will be notified by the city of Angola municipal separate storm sewer system (MS4) operator and will be required to take all necessary measures to correct such deficiencies. If the owner fails to correct the deficiencies within the allowed time period, as specified in the notification letter, the city of Angola municipal separate storm sewer system (MS4) operator will undertake the work and collect from the owner using lien rights if necessary. [Ord. 1207-2005. Code 2000 § 54.54.]

13.15.340 Stormwater management/BMP facilities agreement.

The project site owner and the city of Angola will execute a stormwater management/BMP facilities agreement as a condition of approval for the project site owner’s stormwater pollution prevention plan. The standard agreement forms are available from the city of Angola municipal separate storm sewer system (MS4) operator. The forms shall be executed by the project site owner and submitted with the stormwater pollution prevention plan. [Ord. 1207-2005. Code 2000 § 54.55.]

13.15.350 Compliance.

In addition to the requirements of this article, compliance with the requirements set forth in the local zoning ordinances is also necessary. Compliance with all applicable ordinances of the city of Angola as well as with applicable state of Indiana statutes and regulations shall also be required. Unless otherwise stated, all other specifications referred to in this article shall be the most recent edition available. Violations of the requirements of this article are subject to the penalties listed in AMC 13.15.400. [Ord. 1207-2005. Code 2000 § 54.56.]

13.15.360 Stop work order.

(A) In addition to the penalties listed in AMC 13.15.400, if land disturbance or impact activities are conducted contrary to the provisions of this article or the approved stormwater pollution prevention plan, the city of Angola municipal separate storm sewer system (MS4) operator may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the city of Angola to proceed with the work. The city of Angola municipal separate storm sewer system (MS4) operator may also undertake, or cause to be undertaken, any necessary or advisable protective measures to prevent violations of this article or to avoid or reduce the effects of noncompliance herewith. The cost of any such protective measures shall be the responsibility of the owner of the property upon which the work is being done and the responsibility of any person carrying out or participating in the work.

(B) Repealed by Ord. 1508-2015. [Ord. 1508-2015; Ord. 1207-2005. Code 2000 § 54.57.]

13.15.370 Failure to comply or complete.

In addition to any other remedies, should any owner fail to comply with the provisions of this article, the city of Angola municipal separate storm sewer system (MS4) operator may, after giving notice and opportunity for compliance, have the necessary work done, and the owner shall be required to promptly reimburse the city of Angola for all costs of such work. [Ord. 1207-2005. Code 2000 § 54.58.]

13.15.380 Suspension of access to the storm drain system.

(A) Suspension Due to Emergency Situations. The city of Angola municipal separate storm sewer system (MS4) operator may, without prior notice, suspend stormwater drainage system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the stormwater drainage system or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, city of Angola may take such steps as deemed necessary to prevent or minimize damage to the stormwater drainage system or waters of the United States, or to minimize danger to persons.

(B) Suspension Due to the Detection of Illicit Discharge. Any person discharging to the stormwater drainage system in violation of this article may have their stormwater drainage system access terminated if such termination would abate or reduce an illicit discharge. The city of Angola municipal separate storm sewer system (MS4) operator will notify a violator of the proposed termination of its MS4 access. The violator may petition the City of Angola Common Council for a reconsideration and hearing. [Ord. 1207-2005. Code 2000 § 54.59.]

13.15.390 Corrective action.

Nothing herein contained shall prevent the city of Angola municipal separate storm sewer system (MS4) operator from taking such other lawful action as may be necessary to prevent or remedy any violation. All costs connected therewith shall accrue to the person or persons responsible. Costs include, but are not limited to, repairs to the stormwater drainage system made necessary by the violation, as well as those penalties levied by the EPA or IDEM for violation of the city of Angola’s NPDES permit, attorney fees, and other costs and expenses. [Ord. 1207-2005. Code 2000 § 54.60.]

13.15.400 Penalty.

(A) Any person violating any provision of this chapter for which no other penalty is set forth shall be subject to the penalty in Chapter 1.15 AMC.

(B) (1) A violation of any provision of AMC 13.15.290 et seq. is hereby declared to be a nuisance.

(2) A violation of any provision of AMC 13.15.290 et seq. for which no other penalty is set forth shall be subject to the penalty as stated in Chapter 1.15 AMC.

(3) Any person who aids or abets a person in a violation of AMC 13.15.290 et seq. shall be subject to the penalties provided in subsection (B) of this section. [Ord. 1207-2005; Ord. 1164-2004. Code 2000 § 54.99.]