Chapter 15.44
EROSION AND SEDIMENT CONTROL
Sections:
15.44.060 Enforcement, violations, penalties.
15.44.010 Purpose.
The purpose of this ordinance is to conserve natural resources, protect the quality of the air and water, and to protect and promote the health, safety and general welfare of the residents of the county, by preventing soil erosion and sediment from being transported onto public and private properties as a result of land disturbing activities.
(Ord. Dt. 3/10/97)
15.44.020 Policy.
It is the policy of the Board of Commissioners of Vanderburgh County to require that erosion and sediment control measures be employed prior to any land disturbing activities to prevent off-site damage due to erosion and sedimentation of drainage ditches, storm sewers, ponds, lakes, streets or other property, public and private, due to the change in land use or rerouting of surface water. All erosion and sedimentation control measures employed shall meet the design criteria, standards and specifications as set forth in guidance documents similar to, or as effective as, those outlined in the “Indiana Handbook For Erosion Control in Developing Areas”, and its updates and amendments, as published by the Indiana Department of Natural Resources.
(Ord. Dt. 3/10/97)(15.44.020, Amended, 09/15/2003, Ordinance amended 9/15/2003.)
15.44.030 Applicability.
This ordinance applies to all land disturbing activities on real property located within Vanderburgh County, but outside the corporate limits of the City of Evansville and Town of Darmstadt. Agricultural land disturbing activities, as defined herein, are excepted from the requirements of this ordinance.
(Ord. Dt. 3/10/97)
15.44.040 Definitions.
For the purpose of this ordinance the following definitions shall apply. Any pertinent word or term not a part of this listing shall be construed to have its usual legal meaning. Additional definitions may be found in the “Indiana Handbook For Erosion Control in Developing Areas”.
“Authorized Agent” means an employee of the Vanderburgh County Engineering Department or other Vanderburgh County employee as approved by the Board of Commissioners of Vanderburgh County.
“Agricultural land disturbing activities” means the disturbance of land for the production of animal or plant life, including forestry pasturing of livestock, and planting, growing, cultivating, and harvesting crops for human or livestock consumption. This definition does not include the construction of farm facilities such as dwellings, barns, shed or other structures.
“Corrective measures” means the employment of erosion and sediment control measures at a non-compliance site, and shall also include, but not be limited to, clean-up and repair of public or private property negatively affected as a result of non-compliance.
“Erosion” means the detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.
“Erosion control measure” means a practice or a combination of practices employed to control erosion and resulting sedimentation.
“Land disturbing activity” means any change of the land surface, including removing vegetative cover, excavating, filling, transporting, grading and stockpiling or movement of soil, sand, gravel, stone or other material.
“Sediment” is solid material (both mineral and organic) that is in suspension, is being transported, or has been moved from site of origin.
“Site” means the entire area included in the legal description of the land on which land disturbing activity occurs.
“Working day” means a calendar day, exclusive of Sundays and county recognized holidays, during which weather and other conditions permit work for at least fifty percent (50%) of the day.
(Ord. Dt. 3/10/97)(15.44.040, Amended, 09/15/2003, Ordinance amended 9/15/2003.)
15.44.050 Requirements.
The following is a listing of minimum requirements which must be complied with on all sites governed under the ordinance, in addition to any other requirements which may be set forth according to local, state or federal law.
1. No property owner shall begin, cause to begin, or continue any land disturbing activity prior to installing the required erosion and sediment control practices.
2. During construction activity at a site, erosion and sediment control measures necessary to meet the requirements of this ordinance shall be maintained, at all times.
3. On-site sediment shall be detained-on-site by erosion and sediment control measures.
4. Water shall not be discharged from the site in a manner that causes erosion or sedimentation at or downstream of the point of discharge.
5. All access to building sites that cross a natural watercourse, drainage easement, or swale/channel shall have an appropriately designed culvert or crossing.
6. Public or private roadways and drains off-site and on-site shall be kept cleared of sediment by the property owner.
7. All storm drain inlets shall be protected against sedimentation.
8. Drainage ways and swales shall be protected adequately to prevent channel or outlet scouring and to prevent reduction of flow capacity by sedimentation.
(Ord. Dt. 3/10/97)(15.44.050, Amended, 09/15/2003, Ordinance amended 9/15/2003.)
15.44.060 Enforcement, violations, penalties.
When an erosion or sediment control incident is reported to Vanderburgh County or its agents, the procedures set out below will be followed.
1. The authorized agent is authorized to enter the site for the purpose of investigating non-compliance reports and to verify compliance measures. If entry is denied by the property owner, a court order may be sought and obtained by Vanderburgh County or their agents to permit such entry upon the property.
2. The authorized agent will investigate the report of non-compliance at the site, evaluate the condition of the erosion control measures, make corrective recommendations and may provide technical guidance to the property owner or the property owner’s agent.
3. After corrective recommendations have been made, the authorized agent will conduct an inspection after ten (10) working days to determine compliance or non-compliance. If the site is found to be in compliance, no further enforcement action will be taken.
4. The property owner of a non-compliance site will be issued a notice by the authorized agent informing the property owner that the site must be brought into compliance within ten (10) working days of the date in which the notice is mailed or delivered to the property owner.
5. After the ten (10) working days notice has expired, the authorized agent will conduct a second inspection of the property to determine compliance. If the site is found to be in compliance, no further enforcement action will be taken.
6. If, after the second site inspection continued non-compliance is determined, the Vanderburgh County Building Commissioner will issue a non-compliance citation to the property owner. The civil penalty for the first citation will be no less than One Hundred Dollars ($100.00) and no more than Two Hundred Fifty Dollars ($250.00). If the civil penalty for the first violation is paid within thirty (30) days from the date of the citation notice, the penalty will be in the amount of One Hundred Dollars ($100.00). If the penalty is not paid within thirty (30) days, a lawsuit concerning the citation will be filed against the property owner in the Vanderburgh County Superior Court and any penalty imposed by the Court shall include court costs and a reasonable attorney’s fee.
7. After the first citation has been issued, the authorized agent will conduct a third inspection to determine compliance. If the site is found to be in compliance, no further enforcement action will be taken.
8. If, after the third site inspection continued non-compliance is determined, the Vanderburgh County Building Commissioner will issue a second non-compliance citation to the property owner. The civil penalty for the second citation will be no less than Five Hundred Dollars ($500.00) and no more than Seven Hundred Fifty Dollars ($750.00). If the penalty for the second violation is not paid within thirty (30) days from the date of the citation notice, a lawsuit concerning the citation will be filed against the property owner in the Vanderburgh Superior Court and any penalty imposed by the Court shall include court costs and a reasonable attorney’s fee.
9. If a second citation is issued, a stop work order for the non-compliance site will also be issued, and the county may contract to have the recommended corrective measures completed, at the expense of the property owner.
10. If it is necessary for the county to contract to have the recommended corrective measures completed as a result of a violation of this ordinance, the property owner shall, following written notice, pay the cost of any such work performed within ten (10) days from the date of such notice. If the property owner does not pay the cost of such work within ten (10) days from the date of written notice to pay, the county shall pay the contractor who performed the work, and all costs incurred by the county shall be entered on the tax duplicate for the property on which the non-compliance site is located, and the total amount of liability shall be subject to interest, penalty and collection in the same manner as all other special assessments.
11. Any stop work order issued pursuant to this ordinance shall not be rescinded until all recommended corrective measures have been completed, and, either the contractor employed by the county has been paid by the property owner, or the county has been reimbursed for all its expended costs.
(Ord. Dt. 3/10/97)(15.44.060, Amended, 09/15/2003, Ordinance amended 9/15/2003.)