§ 14.08.010. General information.

1.

Authority and title. This chapter is adopted in accordance with statutory authority granted to the Porter County Board of Commissioners under "Home Rule" as well as the "Indiana Drainage Code," and further is required by IC 36-9-28.5, IC 36-9-27-69.5, Phase II of the National Pollution Discharge Elimination System program (FR Doc. 99-29181) authorized by the 1972 amendments to the Clean Water Act, the Indiana Department of Environmental Management's Rule 13 (327 IAC 15-13), and the Indiana Department of Environmental Management's Rule 5 (327 IAC 15-5). Based on this authority and these requirements, along with the Porter County Storm Water Design Manual, this chapter regulates:

A.

Discharges of prohibited nonstorm water flows into the storm water drainage system.

B.

Storm water drainage improvements related to development of lands located within Porter County, Indiana.

C.

The drainage control systems installed during new construction and the grading of lots and other parcels of land.

D.

Erosion and sediment control systems installed during new construction and grading of lots and other parcels of land.

E.

The design, construction, and maintenance of storm water drainage facilities and systems.

F.

The design, construction, and maintenance of storm water quality facilities and systems.

G.

Land-disturbing activities.

This chapter shall be known and may be cited as the Storm Water Quality and Quantity Management Ordinance of Porter County, Indiana and is applicable to all persons engaging in any act or omission affecting the storm water quality or quantity in both incorporated and unincorporated Porter County, it being the finding of the board of commissioners that a municipality does not have exclusive jurisdiction over storm water quality and quantity within said municipality's boundaries according to IND. CODE 36-1-3-9(a) and that runoff from incorporated areas has a direct impact on regulated drains and unincorporated areas. Notwithstanding anything to the contrary contained in the Porter County Storm Water Design Manual, the standards and regulations contained therein shall be mandatory, subject to the discretion of the Porter County Commissioners to approve deviations in appropriate cases. The Porter County MS4 Department (the MS4 Department) and the Porter County Plan Commission (the planning department) shall from time to time propose amendments and updates to the Porter County Storm Water Design Manual which shall become effective upon the Porter County Commissioners adopting the amendments and updates after conducting a public hearing.

Pursuant to Indiana Code 36-9-27-114, the Porter County Board of Commissioners is required to, as part of its responsibility, to address issues of storm water quality and quantity, including the costs of constructing, maintaining, operating, and equipping storm water improvements to protect the public health, existing water uses, and aquatic biota for the benefit of the citizens of Porter County, Indiana, and to conform with the storm water regulation under 327 IAC 15-13 and all other applicable federal and state laws relating to municipal separate storm sewer system, hereinafter MS4, conveyances.

2.

Applicability and exemptions. This chapter shall regulate all development and redevelopment occurring within unincorporated Porter County, Indiana, as well as regulated drains located within Porter County falling under the jurisdiction of the Porter County government. No building permit shall be issued and no land disturbance started for any construction in a development, as defined in Appendix A, until the plans required by this chapter for such construction have been accepted in writing by the planning department and MS4 department on behalf of the county commissioners. With the exception of the requirements of Section 14.08.020 and 14.08.070 of this chapter, single-family dwelling houses in approved subdivisions; new buildings (or cumulative building additions) with less than fie hundred (500) square feet of area, and land-disturbing activities affecting less than five thousand (5,000) square feet of area may be exempt from the requirements of this chapter, at the discretion of the planning department and MS4 department. Also exempt from this chapter shall be the agricultural land-disturbing activities as defined in Appendix A.

In addition to the requirements of this chapter , compliance with the requirements set forth in Porter County Unified Development Ordinance is also necessary. Compliance with all applicable ordinances of Porter County as well as with applicable federal or State of Indiana statues and regulations shall also be required. Unless otherwise stated, all other specifications referred to in this chapter shall be the most recent edition available.

Any construction project which has had its final drainage plan approved by the planning department and MS4 department prior to the effective date of this chapter shall be exempt from all requirements of this chapter that are in excess of the requirements of ordinances in effect at the time of approval. Such an exemption is not applicable to the requirements detailed in Section 14.08.020 of this chapter.

In consideration of the factors contained herein and in furtherance of the purposes of this chapter, the planning department and MS4 department have the authority to modify, grant exemptions, and/or waive any and all the requirements of this chapter and its associated design document under authority granted by the board of commissioners.

3.

Background. On December 8, 1999, Phase II of the National Pollutant Discharge Elimination System (NPDES) permit program was published in the Federal Register. The NPDES program, as authorized by the 1972 amendments to the Clean Water Act, controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Phase II of NPDES requires permit coverage for storm water discharges from regulated small municipal separate storm sewer systems (MS4s) and for small construction activity that results in the disturbance of equal to or greater than one acre. This federal regulation went into effect March 10, 2003. In response to Phase II of NPDES, the Indiana Department of Environmental Management enacted Rule 13 (327 IAC 15-13) and revised Rule 5 (327 IAC 15-5).

Under these state and federal regulations, Porter County is required to establish a regulatory mechanism for regulating storm water quality management.

4.

Findings. The Porter County Commissioners, as applicable, find that:

A.

Water bodies, roadways, structures, and other property within, and downstream of Porter County are at times subjected to flooding;

B.

Flooding is a danger to the lives and property of the public and is also a danger to the natural resources of the region;

C.

Land development may alter the hydrologic response of watersheds, resulting in increased storm water runoff rates and volumes, increased flooding, increased stream channel erosion, and increased sediment transport and deposition;

D.

Soil erosion resulting from land-disturbing activities causes a significant amount of sediment and other pollutants to be transported and deposited in ditches, streams, wetlands, lakes, and reservoirs;

E.

Increased storm water runoff rates and volumes, and the sediments and pollutants associated with storm water runoff from future development projects within Porter County will, absent reasonable regulation and control, adversely affect Porter County's water bodies and water resources;

F.

Pollutant contributions from illicit discharges within Porter County will, absent reasonable regulation, monitoring, and enforcement, adversely affect Porter County's water bodies and water resources;

G.

Storm water runoff, soil erosion, non-point source pollution, and illicit sources of pollution can be controlled and minimized by the regulation of storm water management;

H.

Adopting the standards, criteria, and procedures contained and referenced in this chapter and implementing the same will address many of the deleterious effects of storm water runoff and illicit discharges;

I.

Adopting this chapter is needed for the preservation of the public health, safety, and welfare, for the conservation of our natural resources, and for compliance with state and federal regulations.

5.

Purpose. The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of Porter County through the regulation of storm water and nonstorm water discharges to the storm drainage system and to protect, conserve and promote the orderly development of land and water resources within unincorporated Porter County. This chapter establishes methods for managing the quality and quantity of storm water entering into the storm water drainage system in order to comply with State and Federal requirements. The objectives of this chapter are:

A.

To reduce the hazard to public health and safety caused by excessive storm water runoff.

B.

To regulate the contribution of pollutants to the storm water drainage system from construction site runoff.

C.

To regulate the contribution of pollutants to the storm water drainage system from runoff from new development and re-development.

D.

To prohibit illicit discharges into the storm water drainage system.

E.

To establish legal authority to carry out inspection, monitoring, enforcement and any other applicable procedures necessary to ensure compliance with this chapter.

6.

Abbreviations and definitions. For the purpose of this chapter, the abbreviations and definitions provided in Appendix A shall apply.

7.

Responsibility for administration. For projects, acts or omissions occurring in unincorporated Porter County, the Porter County Executive Director/County Planner, the Porter County MS4 Coordinator and their designees shall administer, implement, enforce, and prosecute violations of the provisions of this chapter. Any powers granted or duties imposed upon the applicable entity mentioned herein may be delegated in writing by the Board of Commissioners to a qualified persons or entities acting in the beneficial interest of or in the employ of Porter County government.

8.

Conflicting chapter. The provisions of this chapter shall be deemed as additional requirements to minimum standards required by other Porter County ordinances, and as supplemental requirements to Indiana's Rule 5 regarding Storm Water Discharge Associated with Construction Activity, (327 IAC 15-5), and Indiana's Rule 13 regarding Storm Water Runoff Associated with Municipal Separate Storm Sewer System (MS4) Conveyances (327 IAC 15-13).

9.

Interpretation. Words and phrases in this chapter shall be construed according to their common and accepted meanings, except that words and phrases defined in Appendix A shall be construed according to the respective definitions given in that section. Technical words and technical phrases that are not defined in this chapter but which have acquired particular meanings in law or in technical usage shall be construed according to such meanings.

(Ord. No. 14-15, 11-18-2014)