Warsaw Stormwater Utility Ord No 2018-01-01
February 22, 2018 at 4:07 p.m.
By -
OF THE WARSAW CITY CODE
ORDINANCE NO. 2018-01-01
Be it ordained by the Common Council of the City of Warsaw, Indiana that the Chapter 78 of the Warsaw City Code be amended by adding the following language:
STORMWATER UTILITY
MCM4-S QUALITY MANAGEMENT PLAN
Sec. 78-494 Permit Requirements
Any development that disturbs land over one (1) acre or more, the property owner must fill-out a City of Warsaw Stormwater Permit, along with paying the Stormwater Pollution Prevention Plan (SWPPP) review fee of One Hundred dollars ($100). The fee will be paid to Stormwater Utility. The permit will be issued by the MS4 Coordinator once the SWPPP is reviewed and considered acceptable. A copy will then be returned to the applicant during the pre-construction meeting.
Sec. 78- 495 Enforcement and Penalties
A. Tools for Compliance
1. When Stormwater Utility becomes aware of a violation on an active jobsite, Stormwater Utility will proceed with escalating responses directed towards the project owner and/or designated contractor responsible for the implementation of the Stormwater Pollution Prevention Plan (SWPPP) on site. These escalating responses include: verbal warning to designated authority, phone call to designated authority, e-mail to designated authority. The recipient will understand that each escalating response will be recorded (date and time) by Stormwater Utility.
2. If no change has occurred within forty-eight (48) hours of the verbal warning, a notice of noncompliance (NONC) will be written out to the offender. This allows the offender to appropriately respond by making the necessary changes without implementation of the fines and/or halting the current operation.
3. If the offender does not respond to the notice of noncompliance within the first forty-eight (48) hours, the offender shall receive a notice of violation (NOV). This allows the offender to appropriately respond by making the necessary changes without implementation of the fines and/or halting the current operation.
B. Noncompliance and Enforcement
1. The offending entity will receive a notification of violation (NOV) and will have forty-eight (48) hours to remedy the offense or forty-eight (48) hours to appeal to the City of Warsaw Board of Works about the offense. The offending entity will receive a decision after the following scheduled Board of Works Meeting.
a. If the issue is not remedied or appealed within forty-eight (48) hours, the offender will be notified of the range of the fine called for by this ordinance with a stop work order.
b. Fines may be levied on the project owner's site representative or an individual operating on the project owner's site.
c. Each day passing from the additional forty-eight (48) hours is deemed a separate offense, which is liable to a fine.
d. Fines will be deposited into the Stormwater Utility operating budget. Sec 78-494 Fine Ranges
Fine Fine First Second Third
Classifications Subject Offense Offense Offense
Construction Minor SWPPP Violation $100 $250 $500
Construction Intermediate SWPPP Violation $200 $400 $800
Construction Major SWPPP Violation $300 $600 $1,200
1. Minor SWPPP Violations
a. Failure to repair an inadequate construction ingress or egress.
b. Failure to have a concrete washout sign at a designated concrete washout area.
c. Failure to fill out an inspection sheet for the week or after any half (.5") inch
rain event.
d. Failure to anchor any portable toilet that is on the construction site. Or failure to have secondary containment for a portable toilet used for rooftop operations that is not typically anchored.
e. Presence of any portable restroom that is not included in the SWPPP or made aware of to the City of Warsaw Stormwater Utility/City Engineer.
f. Any silt fence that needs repaired or that is has excess sediment collection reaching over half the height of the silt fence.
g. Any inlet protection device that needs repaired or that has excess sediment collection reaching over half the height of the device.
h. Any interior inlet sediment collection device that is two-thirds (2/3) full of sediment.
i. Any interior inlet sediment collection device that has a filter device that has dematerialized.
j. Failure to address any off-site sediment by tracking, a half (.5") rain event, wind, etc.
k. Failure to maintain any best management practices (BMPs) used on site.
l. Any vehicle or machinery maintenance performed within the construction site without proper control measures.
m. Failure to have a Notice of Intent (NOI) at the entrance of a construction site, or any additional permits that are required for the land disturbing activities.
n. Failure to have information on the entrance sign, locating where the SWPPP is located, if the SWPPP is not located on site.
o. Trash/Litter on site from construction.
2. Intermediate SWPPP Violations
a. Cause of an illicit discharge (sediment, concrete slurry, e.g.) to enter into waters of the United States and/or MS4 conveyance system.
b. Presence of a designated concrete/mortar washout area that is deficient, fails to prevent leaks, or is over full.
c. Failing to have a designated concrete/mortar washout area on site, when such work is being conducted on a construction site and an approved reclamation system is not being utilized.
d. Presence of any staging or fueling area that is not included in the SWPPP or made aware to the City of Warsaw Stormwater Utility/City Engineer prior.
e. Presence of any stock pile on or off site that is not included in the SWPPP or made aware of to the City of Warsaw Stormwater Utility/City Engineer prior.
f. Failure to establish temporary or permanent stabilization of bare earth areas that are or plan to be left untouched after fifteen (15) consecutive days or as directed by the SWPPP.
g. Improper storage or handling of pollutants. (e.g., Dtums or containers of waste, petroleum, paint, etc.)
h. Failure to meet SWPPP renewal deadline.
j. Failure to follow the annual post-construction Stormwater reporting procedures.
3. Major SWPPP Violations
a. Performing any land disturbing activities that require a specific permit without such permits.
b. Direct discharge from the construction site into a surface water, a catch basin that will convey to a surface water, or MS4 conveyance system. (e.g., sediment-laden water, hydrocarbons to gasoline, oil, portable toilet effluent)
c. Failure to notify the Stormwater Utility forty-eight (48) hours prior to beginning construction activities.
d. Removal of existing vegetation not noted on the SWPPP, unless authorized by the City of Warsaw. (e.g., open green space >100 square feet, large or small trees, riparian buffer areas, buffer strips, and plants within a wetland.)
e. Failure to contain, clean up, or report a spill of an illicit substance on or off the construction site.
f. Any land disturbing activities outside the limits of construction and is not included in the SWPPP, or by agreement with the City of Warsaw Stormwater Utility or Engineer.
g. Failure to install any BMPs/storm water control measures listed on the SWPPP.
h. Failure to establish temporary or permanent stabilization of bare earth areas that are or planned to be left untouched, after thirty (30) consecutive days or as directed by the SWPPP.
i. Failure to follow the temporary or permanent stabilization plans or sequence of implementation, unless amendments are made aware to the City of Warsaw Stormwater Department/Engineer prior.
j. Presence of any permanent storm water control measures that are not constructed to the standards depicted within the SWPPP, unless approved otherwise by the City of Warsaw Stormwater Utility or City Engineer.
k. Failure to comply with any maintenance guidelines within the SWPPP for any post-construction storm water quality measure.
Sec. 78-495 Stop Work Order
1. In addition to the penalties, if land disturbance is conducted contrary to the provisions of this ordinance or the accepted Stormwater Quality Management Plan, the City of Warsaw Stormwater Utility through the City Engineer, and the City of Warsaw Building and Planning may order the work stopped by notice of a stop work order on any person engaged in the causing work; and any such persons shall stop the work until authorized by the City of Warsaw Stormwater Utility through the City of Warsaw Building and Planning to proceed with the work. A stop work order shall not be issued until after the initial forty-eight (48) hour notice of violation. The City of Warsaw Stormwater Utility through the City of Warsaw Department of Public Works may launch or cause to be launched, any necessary or advisable protective measures to prevent violations of this ordinance or to reduce noncompliance. The cost of any such protective measures shall be the responsibility of the owner of the project upon which the work is being done and the responsibility of any person carrying out or participating in the work.
2. Any person who ignores or fails to comply with a stop work order shall be subject to a first offense fine of Two Hundred Fifty ($250) dollars; subsequent offenses shall be subject to a fine that shall not exceed Twenty-Five Hundred ($2,500) dollars per occurrence. Failure to comply with a stop work order, within three (3) hours, revokes the existing building permit. A permit reinstatement fee of Fifty ($50) dollars will be assessed by the City of Warsaw Stormwater Utility and/or the City Engineer.
Sec 78- 496 Failure to Comply or Complete
1. In addition to any other remedies, should any owner fail to comply with this ordinance, the City of Warsaw Stormwater Utility through the City Engineer 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 Warsaw Stormwater Utility for all costs.
Sec. 78-497 Suspension of Access to the Storm Drain System
1. Suspension due to Emergency Situations
a. The City of Warsaw Stormwater Utility and/or the City Engineer may,
without prior notice, suspend storm water drainage system discharge access to a person when such suspension is necessary to stop an actual or threatened the health or welfare of persons, or to the environment.
2. Suspension due to the Detection of Illicit Discharge
a. Any person discharging to the storm water drainage system in violation of this ordinance may have their storm water drainage system access terminated if such termination would stop or reduce an illicit discharge. The City of Warsaw Stormwater Utility through the City Engineer will notify a violator of the proposed termination of its MS4 access. The violator may petition the City of Warsaw Stormwater Utility through the City of Warsaw Board of Works, and will receive the verdict after the next scheduled Board of Works meeting.
3. Suspension due to the damaging of the storm drain system within the development
a. Any person committing acts that result in damage to the Stormwater drainage system that was approved for development will be held responsible for remediating damages. The corrective actions for remediation will be determined by the City of Warsaw Board of Works. The corrective actions could include but are not limited to remedies requiring financial investment. The project owner may have all of his/her approvals for the development revoked and denied access to any Stormwater outlet for the development.
Sec. 78-498 Corrective Action
1. Nothing in this document shall prevent the City of Warsaw Stormwater Utility through the City Engineer from taking such other lawful actions as may be necessary to inhibit or remedy any violation. All costs connected shall accrue to the person or persons responsible. Costs include but are not limited to: repairs to the storm water drainage system made necessary by the violation, penalties levied by the EPA or IDEM for violation of the City of Warsaw Stormwater Permit, attorney fees, and other costs and expenses.
Sec. 78-499 Appeals
1. An appeal may be filed contesting the first written notice issued to a contractor, developer and/or principal. If the appeal is not received by the City of Warsaw City of Warsaw Board of Works within the forty-eight (48) hour time frame given to remedy the violation, then the violator waives any right to appeal. The failure to appeal the stop work order. Any appeal made to Stormwater Utility shall be heard within fourteen (14) days.
2. Written appeals shall contain the following:
a. Identifying the matter being appealed
b. Basis for the appeal
3. The City of Warsaw Board of Works shall consider the appeal and make a decision affirming, rejecting or modifying the action being appealed. In considering any appeal, the City of Warsaw Board of Works may grant an deviation from the terms of this ordinance to provide relief, in whole or in part, from the action being appealed.
4. The application of the ordinance provisions being appealed will present or cause practical difficulties for a development site. However, that the practical difficulties shall not include the need for the appealer to utilize additional expenses in order to comply with the ordinance.
5. The granting of the relief requested will not substantially prevent the goals and purposes of this ordinance, nor result in less effective management of storm water quality.
6. If the appeal is denied by City of Warsaw Board of Works, the violator will be liable for the fines for the daily violation as provided for in this ordinance.
ADOPTED, PASSED AND ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WARSAW, INDIANA THIS 20TH DAY OF FEBRUARY, 2018.
2-26 hspaxlp
Latest News
E-Editions
OF THE WARSAW CITY CODE
ORDINANCE NO. 2018-01-01
Be it ordained by the Common Council of the City of Warsaw, Indiana that the Chapter 78 of the Warsaw City Code be amended by adding the following language:
STORMWATER UTILITY
MCM4-S QUALITY MANAGEMENT PLAN
Sec. 78-494 Permit Requirements
Any development that disturbs land over one (1) acre or more, the property owner must fill-out a City of Warsaw Stormwater Permit, along with paying the Stormwater Pollution Prevention Plan (SWPPP) review fee of One Hundred dollars ($100). The fee will be paid to Stormwater Utility. The permit will be issued by the MS4 Coordinator once the SWPPP is reviewed and considered acceptable. A copy will then be returned to the applicant during the pre-construction meeting.
Sec. 78- 495 Enforcement and Penalties
A. Tools for Compliance
1. When Stormwater Utility becomes aware of a violation on an active jobsite, Stormwater Utility will proceed with escalating responses directed towards the project owner and/or designated contractor responsible for the implementation of the Stormwater Pollution Prevention Plan (SWPPP) on site. These escalating responses include: verbal warning to designated authority, phone call to designated authority, e-mail to designated authority. The recipient will understand that each escalating response will be recorded (date and time) by Stormwater Utility.
2. If no change has occurred within forty-eight (48) hours of the verbal warning, a notice of noncompliance (NONC) will be written out to the offender. This allows the offender to appropriately respond by making the necessary changes without implementation of the fines and/or halting the current operation.
3. If the offender does not respond to the notice of noncompliance within the first forty-eight (48) hours, the offender shall receive a notice of violation (NOV). This allows the offender to appropriately respond by making the necessary changes without implementation of the fines and/or halting the current operation.
B. Noncompliance and Enforcement
1. The offending entity will receive a notification of violation (NOV) and will have forty-eight (48) hours to remedy the offense or forty-eight (48) hours to appeal to the City of Warsaw Board of Works about the offense. The offending entity will receive a decision after the following scheduled Board of Works Meeting.
a. If the issue is not remedied or appealed within forty-eight (48) hours, the offender will be notified of the range of the fine called for by this ordinance with a stop work order.
b. Fines may be levied on the project owner's site representative or an individual operating on the project owner's site.
c. Each day passing from the additional forty-eight (48) hours is deemed a separate offense, which is liable to a fine.
d. Fines will be deposited into the Stormwater Utility operating budget. Sec 78-494 Fine Ranges
Fine Fine First Second Third
Classifications Subject Offense Offense Offense
Construction Minor SWPPP Violation $100 $250 $500
Construction Intermediate SWPPP Violation $200 $400 $800
Construction Major SWPPP Violation $300 $600 $1,200
1. Minor SWPPP Violations
a. Failure to repair an inadequate construction ingress or egress.
b. Failure to have a concrete washout sign at a designated concrete washout area.
c. Failure to fill out an inspection sheet for the week or after any half (.5") inch
rain event.
d. Failure to anchor any portable toilet that is on the construction site. Or failure to have secondary containment for a portable toilet used for rooftop operations that is not typically anchored.
e. Presence of any portable restroom that is not included in the SWPPP or made aware of to the City of Warsaw Stormwater Utility/City Engineer.
f. Any silt fence that needs repaired or that is has excess sediment collection reaching over half the height of the silt fence.
g. Any inlet protection device that needs repaired or that has excess sediment collection reaching over half the height of the device.
h. Any interior inlet sediment collection device that is two-thirds (2/3) full of sediment.
i. Any interior inlet sediment collection device that has a filter device that has dematerialized.
j. Failure to address any off-site sediment by tracking, a half (.5") rain event, wind, etc.
k. Failure to maintain any best management practices (BMPs) used on site.
l. Any vehicle or machinery maintenance performed within the construction site without proper control measures.
m. Failure to have a Notice of Intent (NOI) at the entrance of a construction site, or any additional permits that are required for the land disturbing activities.
n. Failure to have information on the entrance sign, locating where the SWPPP is located, if the SWPPP is not located on site.
o. Trash/Litter on site from construction.
2. Intermediate SWPPP Violations
a. Cause of an illicit discharge (sediment, concrete slurry, e.g.) to enter into waters of the United States and/or MS4 conveyance system.
b. Presence of a designated concrete/mortar washout area that is deficient, fails to prevent leaks, or is over full.
c. Failing to have a designated concrete/mortar washout area on site, when such work is being conducted on a construction site and an approved reclamation system is not being utilized.
d. Presence of any staging or fueling area that is not included in the SWPPP or made aware to the City of Warsaw Stormwater Utility/City Engineer prior.
e. Presence of any stock pile on or off site that is not included in the SWPPP or made aware of to the City of Warsaw Stormwater Utility/City Engineer prior.
f. Failure to establish temporary or permanent stabilization of bare earth areas that are or plan to be left untouched after fifteen (15) consecutive days or as directed by the SWPPP.
g. Improper storage or handling of pollutants. (e.g., Dtums or containers of waste, petroleum, paint, etc.)
h. Failure to meet SWPPP renewal deadline.
j. Failure to follow the annual post-construction Stormwater reporting procedures.
3. Major SWPPP Violations
a. Performing any land disturbing activities that require a specific permit without such permits.
b. Direct discharge from the construction site into a surface water, a catch basin that will convey to a surface water, or MS4 conveyance system. (e.g., sediment-laden water, hydrocarbons to gasoline, oil, portable toilet effluent)
c. Failure to notify the Stormwater Utility forty-eight (48) hours prior to beginning construction activities.
d. Removal of existing vegetation not noted on the SWPPP, unless authorized by the City of Warsaw. (e.g., open green space >100 square feet, large or small trees, riparian buffer areas, buffer strips, and plants within a wetland.)
e. Failure to contain, clean up, or report a spill of an illicit substance on or off the construction site.
f. Any land disturbing activities outside the limits of construction and is not included in the SWPPP, or by agreement with the City of Warsaw Stormwater Utility or Engineer.
g. Failure to install any BMPs/storm water control measures listed on the SWPPP.
h. Failure to establish temporary or permanent stabilization of bare earth areas that are or planned to be left untouched, after thirty (30) consecutive days or as directed by the SWPPP.
i. Failure to follow the temporary or permanent stabilization plans or sequence of implementation, unless amendments are made aware to the City of Warsaw Stormwater Department/Engineer prior.
j. Presence of any permanent storm water control measures that are not constructed to the standards depicted within the SWPPP, unless approved otherwise by the City of Warsaw Stormwater Utility or City Engineer.
k. Failure to comply with any maintenance guidelines within the SWPPP for any post-construction storm water quality measure.
Sec. 78-495 Stop Work Order
1. In addition to the penalties, if land disturbance is conducted contrary to the provisions of this ordinance or the accepted Stormwater Quality Management Plan, the City of Warsaw Stormwater Utility through the City Engineer, and the City of Warsaw Building and Planning may order the work stopped by notice of a stop work order on any person engaged in the causing work; and any such persons shall stop the work until authorized by the City of Warsaw Stormwater Utility through the City of Warsaw Building and Planning to proceed with the work. A stop work order shall not be issued until after the initial forty-eight (48) hour notice of violation. The City of Warsaw Stormwater Utility through the City of Warsaw Department of Public Works may launch or cause to be launched, any necessary or advisable protective measures to prevent violations of this ordinance or to reduce noncompliance. The cost of any such protective measures shall be the responsibility of the owner of the project upon which the work is being done and the responsibility of any person carrying out or participating in the work.
2. Any person who ignores or fails to comply with a stop work order shall be subject to a first offense fine of Two Hundred Fifty ($250) dollars; subsequent offenses shall be subject to a fine that shall not exceed Twenty-Five Hundred ($2,500) dollars per occurrence. Failure to comply with a stop work order, within three (3) hours, revokes the existing building permit. A permit reinstatement fee of Fifty ($50) dollars will be assessed by the City of Warsaw Stormwater Utility and/or the City Engineer.
Sec 78- 496 Failure to Comply or Complete
1. In addition to any other remedies, should any owner fail to comply with this ordinance, the City of Warsaw Stormwater Utility through the City Engineer 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 Warsaw Stormwater Utility for all costs.
Sec. 78-497 Suspension of Access to the Storm Drain System
1. Suspension due to Emergency Situations
a. The City of Warsaw Stormwater Utility and/or the City Engineer may,
without prior notice, suspend storm water drainage system discharge access to a person when such suspension is necessary to stop an actual or threatened the health or welfare of persons, or to the environment.
2. Suspension due to the Detection of Illicit Discharge
a. Any person discharging to the storm water drainage system in violation of this ordinance may have their storm water drainage system access terminated if such termination would stop or reduce an illicit discharge. The City of Warsaw Stormwater Utility through the City Engineer will notify a violator of the proposed termination of its MS4 access. The violator may petition the City of Warsaw Stormwater Utility through the City of Warsaw Board of Works, and will receive the verdict after the next scheduled Board of Works meeting.
3. Suspension due to the damaging of the storm drain system within the development
a. Any person committing acts that result in damage to the Stormwater drainage system that was approved for development will be held responsible for remediating damages. The corrective actions for remediation will be determined by the City of Warsaw Board of Works. The corrective actions could include but are not limited to remedies requiring financial investment. The project owner may have all of his/her approvals for the development revoked and denied access to any Stormwater outlet for the development.
Sec. 78-498 Corrective Action
1. Nothing in this document shall prevent the City of Warsaw Stormwater Utility through the City Engineer from taking such other lawful actions as may be necessary to inhibit or remedy any violation. All costs connected shall accrue to the person or persons responsible. Costs include but are not limited to: repairs to the storm water drainage system made necessary by the violation, penalties levied by the EPA or IDEM for violation of the City of Warsaw Stormwater Permit, attorney fees, and other costs and expenses.
Sec. 78-499 Appeals
1. An appeal may be filed contesting the first written notice issued to a contractor, developer and/or principal. If the appeal is not received by the City of Warsaw City of Warsaw Board of Works within the forty-eight (48) hour time frame given to remedy the violation, then the violator waives any right to appeal. The failure to appeal the stop work order. Any appeal made to Stormwater Utility shall be heard within fourteen (14) days.
2. Written appeals shall contain the following:
a. Identifying the matter being appealed
b. Basis for the appeal
3. The City of Warsaw Board of Works shall consider the appeal and make a decision affirming, rejecting or modifying the action being appealed. In considering any appeal, the City of Warsaw Board of Works may grant an deviation from the terms of this ordinance to provide relief, in whole or in part, from the action being appealed.
4. The application of the ordinance provisions being appealed will present or cause practical difficulties for a development site. However, that the practical difficulties shall not include the need for the appealer to utilize additional expenses in order to comply with the ordinance.
5. The granting of the relief requested will not substantially prevent the goals and purposes of this ordinance, nor result in less effective management of storm water quality.
6. If the appeal is denied by City of Warsaw Board of Works, the violator will be liable for the fines for the daily violation as provided for in this ordinance.
ADOPTED, PASSED AND ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WARSAW, INDIANA THIS 20TH DAY OF FEBRUARY, 2018.
2-26 hspaxlp
Have a news tip? Email [email protected] or Call/Text 360-922-3092