ORDINANCE NUMBER 2025-02-01
AN ORDINANCE AMENDING CHAPTER 78- UTILITIES ARTICLE Ill -VII
Whereas,the City of Warsaw ("City") has been identified as a Municipal Separate Storm Sewer System (MS4) under Clean Water Act of 1972 and is required to comply with the Phase II Stormwater Regulation as implemented by the Indiana Department of Environmental Management (IDEM} Municipal Separate Storm Sewer General Permit (MS4GP) and comply with the requirements of the MS4GP; and
Whereas the City of Warsaw under Clean Water Act of 1972 and MS4GP is required to regulate, within its corporate boundaries and jurisdiction, compliance with the IDEM Construction Stormwater General Permit (CSGP); and
Whereas the current City ordinances do not conform with the requirements of the IDEM MS4GP and IDEM CSGP; and
Whereas the City is required to create ordinances to conform with the requirements of IDEM MS4GP and IDEM CSGP; and
Whereas the City of Warsaw under its MS4GP is required to create and update ordinances to enable the City to implement and execute the requirements of its MS4GP; and
Whereas all ordinances of CHAPTER 78- UTILITIES ARTICLE Ill -VII of the City of Warsaw municipal codes are enforceable and will remain within the City's municipal codes unless amended by ordinance 2025-02-01; and
Whereas the City of Warsaw attorney reviewed the ordinances; and
Whereas the City of Warsaw has reviewed ordinance 2025-02-01 for conformity with its MS4GP while being mindful of the wellbeing of the public;
NOW THEREFORE, the following is adopted or amended by the Common Council of the City of Warsaw, Indiana and effective March 3, 2025:
CHAPTER 78 - UTILITIES ARTICLE Ill- VII is now amended in the City Code of Warsaw, Indiana
Sec. 78-301. Definitions.
Board means the board of public works and safety pursuant to IC 36-1-2-24(2).
City means the incorporated City of Warsaw.
Code means the City of Warsaw,Indiana Code of Ordinances.
Stormwater means the chemical compound of hydrogen and oxygen which is produced from atmospheric clouds as rain,snow, sleet,and hail.
Storm sewer system means all constructed facilities,including structures and natural watercourses within the incorporated boundary of the city,but excluding those under the jurisdiction of Kosciusko County and the State of Indiana.
Creation of stormwater utility. There is now created a new municipal sewage works for stormwater to be operated pursuant to the applicable provisions of the Indiana Code,including IC 36-9-23.
Governing board. The stormwater utility shall be governed by the board of public works and safety.
Construction Stormwater General Permit (CSGP): Projects are regulated where land disturbance is projected to be greater than or equal to one {1) acre. The land disturbance must be calculated for all proposed land? disturbing activities that will be associated with a project site. Land disturbance includes grading,soil disposal, and stockpiling that exposes soil material to stormwater. Activities associated with land disturbance include grading, the installation of infrastructure (i.e. roads, stormwater drainage systems, etc.), utility work,and construction within developments and on individual building lots. Indiana Department of Environmental Management CSGP (effective December 18, 2021) includes terms and conditions of the CSGP and is subject to NPDES construction permits.
Municipal Separate Storm Sewer System General Permit (MS4GP): A permit issued by the Indiana Department of Environmental Protection that provides coverage for Phase II MS4 entities. A general permit is a single permit that is written to cover multiple permittees. A specific permit is not written for each entity. Instead, the requirements and conditions of the MS4GP (effective December 18, 2021) applies to all Phase II MS4s upon submittal of a Notice of Intent (NOI).
(Ord.No. 2013-12-03,1-13-2014,2025-02-01)
Sec. 78-302. Powers and duties of the utility.
Except as provided herein,the board of public works and safety shall make and enforce such bylaws and regulations as may be deemed necessary for the safe,economical and efficient management of the city's storm sewer system,pumping stations,dams,levees, and other management systems related to drainage and stormwater control structures. Any powers granted to or duties imposed upon the board of public works and safety may be delegated by the board to a duly authorized representative.
In accordance with statutory authority granted to the city under "Home Rule",the stormwater utility shall be responsible for documentation and implementation of all federal and state mandates pursuant to Phase II of the National Pollutant Discharge Elimination System Stormwater program (40 CFR Parts 9,122,123,and 124; December 8,1999) authorized by the 1987 amendments to the Clean Water Act,the Indiana Department of Environmental Management's (IDEM) Municipal Separate Storm Sewer System (MS4) General Permit (MS4GP), and the Indiana Department of Environmental Management's Construction Stormwater General Permit (CSGP). Furthermore, the city has the authority to regulate:
(1) Discharges of prohibited non-stormwater flows into the storm drain system.
(2) Stormwater drainage improvements related to development of lands located within the corporate boundaries of the City of Warsaw.
(3) Drainage control systems installed during new construction and grading of lots and other parcels of land.
(4) Stormwater,including stormwater runoff,snowmelt runoff,and surface runoff and drainage, associated with construction activity
(5) Stormwater discharges from construction support activities directly related to construction sites subject to this ordinance.
(6) Erosion and sediment control systems installed during new construction and grading of lots and other parcels of land.
(7) The design,construction, and maintenance of stormwater drainage facilities and systems. (8) The design,construction, and maintenance of stormwater quality facilities and systems.
The stormwater utility shall be responsible for the management of stormwater, to include the development and implementation of municipal policies and procedures relating to,pollution prevention and source control, improvement of water quality and increased groundwater retention for beneficial uses and the environment.
The governing board of public works and safety of the stormwater utility may exercise all powers necessary to carry out their duties and all powers listed in IC 36-9-23.
The board shall have all those powers and duties provided by such boards by IC Titles 8 and 36 and more specifically but not limited to the following:
(1) The power to enter into contracts.
(2) The power to employ professionals.
(3) The power to acquire,construct, maintain,and improve the storm sewer system.
The common council shall have all those powers and duties provided the municipal legislative body by IC Title 36 and more specifically but not limited to the following:
(4) The power to pass ordinances as provided for by Title 36 which impose just,reasonable and equitable fees or service charges for those who utilize the stormwater control and drainage,as provided for in IC 36-9-23-25.
(5) The power to issue revenue bonds pursuant to IC 36-9-23 and borrow money to acquire real estate, design, plan, construct,
Any additional rules and regulations that have been or will be developed by the city council or board of public works and safety are in addition to this article and are incorporated by reference under this Code section. Two copies of these rules and regulations shall be filed in the office of the city clerk and are available for inspection in accordance with IC 36-1.5. Another copy shall be filed for the convenience of the public in the general office of the utility.
(Ord. No. 2013-12-03, 1-13-2014, 2025-02-01)
Sec. 78-304. Purpose.
The purpose of this article is to provide for the health,safety,and general welfare of the citizens of the City of Warsaw through the regulation of non-stormwater 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 Municipal Separate Storm Sewer System (MS4) pursuant to state and federal mandates listed in Sec. 78-302. The objectives of this article are:
(1) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user.
(2) To prohibit illicit connections and discharges to the municipal separate storm sewer system.
(3) To establish legal authority to carry out all inspection,surveillance and monitoring procedures necessary to ensure compliance with this article.
(Ord. No. 2005-01-01,1-3-2005, 2025-02-01)
Sec. 78-305. Definitions.
For the purposes of this article,the following shall mean:
Authorized enforcement agency: Employees or designees of the director of the municipal agency designated to enforce this article.
Best management practices (BMPs): Schedules of activities,prohibitions of practices,general good house keeping 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: The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.),and any subsequent amendments thereto.
Construction Stormwater General Permit (CSGP): Projects are regulated where land disturbance is projected to be greater than or equal to one (1) acre. The land disturbance must be calculated for all proposed land-disturbing activities that will be associated with a project site. Land disturbance includes grading, soil disposal,and stockpiling that exposes soil material to stormwater. Activities associated with land disturbance include grading, the installation of infrastructure (i.e. roads, stormwater drainage systems, etc.), utility work,and construction within developments and on individual building lots. And is issued by the Indiana Department of Environmental Management and is subject to NPDES construction permits.
Construction Activity means: Activities subject to NPDES construction permits. Currently these include construction projects resulting in land disturbance of five acres or more. As of November 2004, NPDES Stormwater Phase II permits are required for construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing,grading,excavating,and demolition.-And land-disturbing activities and land-disturbing activities associated with the construction of infrastructure and structures.
This term does not include routine ditch or road maintenance or minor landscaping projects.
Floatable: Any solid waste that will float on the surface of the water.
Gasoline outlet: An operating gasoline or diesel fueling facility whose primary function is the resale of fuels. The term applies to facilities that create five thousand (5,000) or more square feet of impervious surface,or generate an average daily traffic count of one hundred (100) vehicles per one thousand (1,000) square feet of land area.
Land-Disturbing Activity means: any manmade change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating,filling, transporting, and grading.
Land disturbance: Is the primary factor that should be utilized to determine whether a construction/land-disturbing activity will require compliance with the CSGP. While this determination can be projected by the project site owner, there are special circumstances that apply to the CSGP for multi-lot projects.
A "Larger Common Plan of Development or Sale" means: A plan, undertaken by a single project site owner or a group of project site owners acting in concert, to offer lots for sale or lease; where such land is contiguous, or is known, designated, purchased or advertised as a common unit or by a common name, such land shall be presumed as being offered for sale or lease as part of a larger common plan. The term also includes phased or other construction activity by a single entity for its own use".
Hazardous materials: 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.
Illegal discharge: Any direct or indirect non-stormwater discharge to the storm drain system,except as exempted in subsection 78-310(a).
Illicit connections: An illicit connection is defined as either of the following:
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 non-stormwater 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 said drain or connection had been previously allowed, permitted,or approved by an authorized enforcement agency or,
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.
Indiana LTAP Model Stormwater Technical Standards Manual: A guidance manual that was created for assisting MS4 and non-MS4 communities of Indiana with compliance to IDEM's CSGP and MS4GP. The manual is considered public domain and is available to the public as a whole and therefore is not subject to copyright.
Industrial activity: Activities subject to NPDES industrial permits as defined in 40 CFR,Section 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§ 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.
Natural Buffer: Is defined by IDEM CSGP as an existing undisturbed area that,prior to land disturbance,is adjacent to or surrounding surface water within which construction activity is restricted. Furthermore,a natural buffer may include natural vegetation,exposed rock, overflow channels,or barren earth that existed prior to land? disturbing activities. A natural buffer is subject to Sec. 78-501(b) of the city code.
Non-stormwater discharge: 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. Anything which causes or contributes to pollution. Pollutants may include,but are not limited to: paints, varnishes,and solvents; oil and other automotive fluids;non-hazardous liquid and solid wastes and yard wastes;refuse,rubbish,garbage,litter,or other discarded or abandoned objects,ordinances,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;and noxious or offensive matter of any kind.
Premises: Any building, lot,parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
Storm drainage system: 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, pumping facilities, retention and detention basins,natural and human-made or altered drainage channels, reservoirs,and other drainage structures.
Stormwater: 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: 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: Any water or other liquid, other than uncontaminated stormwater,discharged from a facility.
Stormwater Quality Manual: A document which provides guidelines, and specific storm water quality measures for controlling soil erosion;controlling and treating the nonpoint source pollution associated with sediment-laden run-off;and the management and treatment of pollutants associated with post-construction land uses;with the purpose to minimize the adverse impacts that land disturbance,construction activity, and development can have on soil and water resources. The stormwater quality manual does not exempt any permittee additional standards from the city's engineering department, and building and planning departments, or standards implemented by the city in general.
(Ord.No. 2005-01-01,1-3-2005, 2025-02-01)
Sec. 78-310. Discharge prohibitions.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses 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 ground water,uncontaminated ground water infiltration to storm drains,uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated-typically less than one PPM chlorine), Individual residential car washing,street wash water,fire fighting 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 non-stormwater 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.
Prohibition of illicit connections.
(1) The construction,use,maintenance or continued existence of illicit connections to the storm drain system is prohibited.
(2) 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.
(3) A person is considered to be in violation of this ordinance if the person connects a line conveying sewage to the MS4,or allows such a connection to continue.
Prohibition of storage of hazardous or toxic material.
Storage or stockpiling of hazardous or toxic material within any watercourse,or in its associated floodway or floodplain, is strictly prohibited. Storage or stockpiling of hazardous or toxic material,including sewage treatment plant stockpiles, on active construction sites must include adequate protection and/or containment so as to prevent any such materials from entering any temporary or permanent stormwater conveyance or watercourse.
(Ord.No. 2005-01-01, 1-3-2005, 2025-02-01)
Sec. 78-314. Requirement to prevent, control, and reduce stormwater pollutants by the use of best management practices.
The Warsaw Wastewater Treatment Utility 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 U.S. 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 non? structural BMPs.Further, any person responsible for a property or premise, which is, or may be,the source of an illicit discharge,may be required to implement,at said 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 (SWPPP) as necessary for compliance with requirements of the NPDES permit.
(Ord. No. 2005-01-01, 1-3-2005, 2025-02-01)
Sec. 78-316. 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 U.S.,said 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 said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials,said 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 City of Warsaw Utility Manager,2056 N.150 W,Warsaw,IN,46580, 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. Such records shall be retained for at least three years. Pursuant to all other provisions of this section,a written report concerning the discharge shall be filed with the City of Warsaw utility manager and IDEM,within five (5) days. The written report shall specify:
(1) The composition of the discharge and the cause thereof; (2) The date, time, and estimated volume of the discharge;
(3) All measures taken to clean up the discharge,and all measures proposed to be taken to prevent any recurrence;
(4) The name and telephone number of the person making the report, and the name and telephone number of a person who may be contacted for additional information on the matter.
(Ord. No. 2005-01-01,1-3-2005, 2025-02-01)
Sec. 78-500. Applicability and exemptions.
(a) The stormwater pollution prevention plan (SWPPP), which is to be submitted to the city municipal separate storm sewer system (MS4) as part of the permit requirements set forth by Article VII of this code,must 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 that includes clearing, grading,excavation,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 chapter. This includes both new development and re-development,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 chapter do not apply to the following activities:
(1) Agricultural land disturbing activities;or
(2) Forest harvesting activities;or
(3) Construction activities associated with a single-family residential dwelling disturbing less than one acre, when the dwelling is not part of a larger common plan of development or sale; or
(4) Single-family residential developments consisting of four or less lots; or
(c) The requirements under this chapter 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 lAC 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 lAC 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 stormwater permit application and ensure that a sufficient construction plan is completed and submitted to the city municipal separate storm sewer system (MS4) operator in accordance with the City's municipal codes and/or IDEM's Construction Stormwater General Permit (CSGP). 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 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 chapter and this article.
(Ord. No. 2006-07-06,7-17-2006,2025-02-01)
Sec. 78-501. Policy on stormwater quality management.
(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, 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 has adopted a policy that the control of stormwater quality will be based on the management of total suspended solids (TSS) and the minimum water quality standards for surface water required by IDEM's MS4GP.
(b) The IDEM CSGP requires the preservation of existing natural buffers that are adjacent to waters of the state to promote infiltration and provide protection of the water resource, unless infeasible. Activities performed by a county drainage board under IC 36-9-27 are excluded. So that:
(1) Natural buffers must be preserved, including the entire buffer bordering and/or surrounding the water resource. Natural buffers:
a. 5O feet or more in width must be preserved to a minimum of SO feet.
b. Less than 5O feet in width must be preserved in their entirety.
c. May be enhanced with vegetation that is native and promotes ecological improvement and sustainability.
(2) Stormwater run-off directed to the natural buffer must be:
a. Treated with appropriate erosion and sediment control measures prior to discharging to the natural buffer. And;
b. Managed with appropriate run-off control measures to prevent erosion from occurring within the buffer area.
(c) The project site owner must submit to the City a stormwater pollution prevention plan (SWPPP). The SWPPP must include the following information:
•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.
•Location, dimensions, detailed specifications, and construction details of all post construction stormwater quality measures (BMP's).
•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 run-off,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.
•A sequence describing when each postconstruction stormwater quality measure will be installed.
•Stormwater quality measures that will remove or minimize pollutants from stormwater run-off.
•Stormwater quality measures that will be implemented to prevent or minimize adverse impacts to stream and riparian habitat.
•A narrative description of the maintenance guidelines for all postconstruction 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.
(d) Best management practices (BMP's) shall be as listed in EPA's National Menu for BMP Practices for Post Construction Stormwater Management or Indiana LTAP Model Stormwater Technical Standards Manual. 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 pre-approved 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.bmpdatabase.org
(e) 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 storm sewer,Kosciusko County legal Drain,or other natural or artificial drainage way. In addition,individual properties that have 5.0 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 off loatables, sediments, and oils from the on-site stormwater system before
discharging to a city storm sewer, Kosciusko County legal Drain,or other natural or artificial drainage way. (Ord. No. 2006-07-06,7-17-2006, 2025-02-01)
Sec. 78-502. Calculations and design standards and specifications.
Calculation of land disturbance should follow the guidelines outlined in the Indiana LTAP Model Stormwater Technical Standards 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 IDEM's CSGP and the Indiana LTAP Model Stormwater Technical Standards Manual. The methods and procedures included within the referenced manual are in keeping with the above stated policy and meet the requirements of IDEM's CSGP .Furthermore,the LTAP program LTAP Model Stormwater Technical Standards Manual may need to be updated for compliance every 5 years and LTAP plans to update the manual in accordance.
(Ord. No. 2006-07-06, 7-17-2006, 2025-02-01)
Sec. 78-504. Inspection, maintenance, record keeping, and reporting.
(a) After the approval of the stormwater management permit by the city municipal separate storm sewer system (MS4) operator and the commencement of construction activities,the city 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 LTAP Model Stormwater Technical Standards 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 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 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 municipal separate storm sewer system (MS4) operator will undertake the work and collect from the owner using lien rights if necessary.
(Ord.No. 2006-07-06,7-17-2006, 2025-02-01)
Sec. 78-508. Stop work order.
In addition to the penalties listed above,if land disturbance activities are conducted contrary to the provisions of this Ordinance or accepted final stormwater management plans, the city 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 to proceed with the work. A Stop Work Order will be posted on the site by city,and it is unlawful for any person to remove the notice or continue any work on the site without permission from the city. The city may also undertake or cause to be undertaken,any necessary or advisable protective measures to prevent violations of this Ordinance 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.
The city may bring an action under IC 34-28-5-1(b),to be read together with IC 34-6-2-86(1)(8) and 13-21-3-12(4), to enforce a stop work order against any person who neglects or fails to comply with a stop work order.
For construction projects that are operating under a SWPPP approved by the city, if a Stop Work Order is issued on the grounds that the erosion and sediment control measures included in the construction plan are not adequate, the project site owner must be notified in writing of the inadequacies in the erosion and sediment control measures and the project site owner has seventy-two (72) hours after receiving written notice to resolve the identified inadequacies before the Stop Work Order can take effect.
The seventy-two (72) hour period to resolve identified inadequacies on a construction project does not apply if the Stop Work Order is issued to a construction project where the project site owner is creating a public health hazard or safety hazard.
(Ord. No. 2006-07-06, 7-17-2006, 2025-02-01)
ARTICLE VII. STORMWATER CONSTRUCTION AND POST CONSTRUCTION QUALITY MANAGEMENT PLAN
Any property that disturbs or plans to disturb one acre or more of land,unless exempt to this rule as set forth by Sec.78-500 of this code,requires a property owner to fill out a city stormwater permit, along with paying a review fee of $100.00. The fee will be paid to stormwater utility. Once a (SWPPP) is considered acceptable by the MS4, a letter of sufficiency will be sent to the owner. The letter of sufficiency allows an owner to apply for a Construction Stormwater General Permit (CSGP), issued by IDEM.
(Ord. No. 2018-01-01,2-20-2018, 2025-02-01)
Sec.78-633. Fine ranges.
Fine Classification Fine Subject First Offense Second Offense Third Offense
Construction Minor SWPPP violation $200.00 $500.00 $1,000.00
Construction Intermediate SWPPP violation $400.00 $800.00 $1,500.00
Construction Major SWPPP violation $600.00 $1,200.00 $2,000.00
(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-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 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 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-inch rain event, wind, etc.
k. Failure to maintain any best management practices (BMPs} used on site.
I. 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 overfull.
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 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 stormwater utility/city engineer prior.
f. Failure to initiate temporary or permanent stabilization of bare earth areas that are or plan to be left untouched by the end of seventh day the area is left idle, or failure to complete the
stabilization activity within 14 days or as directed by the SWPPP.
g. Improper storage or handling of pollutants (e.g., drums or containers of waste, petroleum, paint, etc.)
h. Failure to meet SWPPP renewal deadline.
i. Failure to construct a BMP to the specifications depicted within the SWPPP.
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 48 hours prior to beginning construction activities.
d. Removal of existing vegetation not noted on the SWPPP unless authorized by the city (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 stormwater utility or engineer.
g. Failure to install any BMPs/stormwater 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 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 stormwater department/engineer prior.
j. Presence of any permanent stormwater control measures that are not constructed to the standards depicted within the SWPPP, unless approved otherwise by the city stormwater utility or city engineer.
k. Failure to comply with any maintenance guidelines within the SWPPP for any post-construction
stormwater quality measure.
I. Any land disturbing activity violating preservation of a natural buffer that is subject to Sec. 78-501(b). (Ord. No. 2018-01-01,2-20-2018,2025-02-01)
Sec. 78-634. Stop work order.
In addition to the penalties listed above, if land disturbance activities are conducted contrary to the provisions of this Ordinance or accepted final stormwater management plans, the city 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 to proceed with the work. A Stop Work Order will be posted on the site by city, and it is unlawful for any person to remove the notice or continue any work on the site without permission from the city. The city may also undertake or cause to be undertaken,any necessary or advisable protective measures to prevent violations of this Ordinance 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.
The city may bring an action under IC 34-28-5-1(b),to be read together with IC 34-6-2-86(1)(8} and 13-21-3-12(4}, to enforce a stop work order against any person who neglects or fails to comply with a stop work order.
For construction projects that are operating under a SWPPP approved by the city, if a Stop Work Order is issued on the grounds that the erosion and sediment control measures included in the construction plan are not adequate, the project site owner must be notified in writing of the inadequacies in the erosion and sediment control measures and the project site owner has seventy-two (72} hours after receiving written notice to resolve the identified inadequacies before the Stop Work Order can take effect.
The seventy-two (72) hour period to resolve identified inadequacies on a construction project does not apply if the Stop Work Order is issued to a construction project where the project site owner is creating a public health hazard or safety hazard.
Any person who ignores or fails to comply with a stop work order shall be subject to a first offense fine of $250.00; subsequent offenses shall be subject to a fine that shall not exceed $2,500.00 per occurrence. Failure to comply with a stop work order, within three hours,revokes the existing building permit. A permit reinstatement fee of $50.00 will be assessed by the city stormwater utility and/or the city engineer. (Ord. No. 2018-01-01, 2-20-2018,2025-02-01)
SECTION 2. This Resolution shall be in force and effective from and after its passage according to law. THEREFORE: be it ordained by the Common Council of the City of Warsaw, Indiana, with 6 ayes, and 0 nays, and 0 abstentions, that this be Adopted and Resolved this 18th day of March, 2025.
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