Mishawaka |
Code of Ordinances |
Part II. LAND DEVELOPMENT CODE |
Chapter 117. EROSION CONTROL |
Article II. ADMINISTRATION AND ENFORCEMENT |
§ 117-44. Inspection.
(a)
To ensure compliance with the erosion control plan, the city shall inspect sites having ongoing land disturbing activities as deemed appropriate. Inspections may be undertaken by the department of planning, the department of engineering, or any other representative employed by or contracted with the city for said purpose.
(1)
Inspection programs may be established on any reasonable basis, including, but not limited to:
a.
Routine inspections;
b.
Random inspections;
c.
Inspections based upon complaints or other notice of possible violations;
d.
Inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants;
e.
Inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the NPDES stormwater permit; and
f.
Joint inspections with other agencies inspecting under environmental or safety laws.
(2)
Inspections may include, but are not limited to:
a.
Reviewing maintenance and repair records;
b.
Sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and
c.
Evaluating the condition of drainage control facilities and other stormwater treatment practices.
(b)
When any new drainage or erosion control facility is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer or combined sewer, the property owner shall grant to the city the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this chapter has occurred.
(c)
The site owner is responsible for implementing a self-monitoring program, as required by 327 IAC 15-5-7(b)(18). The self-monitoring program shall include the following:
(1)
A trained individual shall perform a written evaluation of the project site:
a.
By the end of the next business day following each measurable storm event; and
b.
At a minimum of one time per week.
(2)
The evaluation must:
a.
Address the maintenance of existing stormwater quality measures to ensure they are functioning properly; and
b.
Identify additional measures necessary to remain in compliance with all applicable statutes and rules.
(3)
Written evaluation reports must include:
a.
The name of the individual performing the evaluation;
b.
The date of the evaluation;
c.
Problems identified at the project site; and
d.
Details of corrective actions recommended and completed.
(d)
All evaluation reports for the project site must be made available to the city within 48 hours of a request.
(Ord. No. 5085, § 1(162.27), 12-4-2006)