City of Hammond


The City of Hammond has enacted a Stormwater Ordinance in order to provide for the safe and efficient capture and conveyance of stormwater runoff; mitigate the damaging effects of stormwater runoff; correct stormwater collection and conveyance problems; and fund the activities of stormwater management including design, planning, regulation, education, coordination, construction, operation, maintenance, inspection and enforcement activities, all for the protection of the public health, welfare and safety.  The City of Hammond is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Hammond will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Stormwater fees will be calculated and collected by the City of Hammond. The City of Hammond, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Hammond has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.

INSPECTION, MAINTENANCE AND REPORTING

INSPECTION, MAINTENANCE AND REPORTING.

Upon completion of the construction activities the following shall occur perpetually in accordance with the SWPPP regardless of site usage and land ownership:

(1)   All constructed stormwater quality facilities shall be maintained by the property owner, or per agreements on file with the DSM, and be in good condition and in accordance with the approved SWPPP operation and maintenance procedures and schedules and the BSM approved technical standards.

(2)   The approved stormwater quality facilities shall not be subsequently altered, revised or replaced except in accordance with the approved SWPPP or in accordance with DSM approved amendments or revisions to the SWPPP.

(3)   The BSM, or its designee, shall have the authority to conduct inspections of the site and the installed BMPs to ensure full compliance with the provisions of this chapter, the design standards and technical specifications approved by the BSM and terms and conditions of the SWPPP.

PROHIBITED DISCHARGES AND CONNECTIONS

APPLICABILITY AND EXEMPTIONS.

(A)   This subchapter shall apply to all discharges, including illegal dumping, entering the stormwater drainage system under the control of the Board of Stormwater Management for the City of Hammond.  These discharges include flows from direct connections to the stormwater drainage system, illegal dumping, and contaminated runoff.

(B)   This section shall not apply to the following categories of non-stormwater discharges or flows which are exempted from the requirements of this chapter and may be discharged into the separate storm sewer system so long as the appropriate tap, connection or discharge permits have been secured, if needed:

  1. Water line flushing;
  2. Landscape irrigation or lawn watering;
  3. Diverted stream flows;
  4. Rising ground waters;
  5. Uncontaminated groundwater infiltration;
  6. Uncontaminated pumped ground water;
  7. Discharges from potable water sources;
  8. Foundation, footing drains or crawl space pump discharge;
  9. Air conditioning condensation;
  10. Irrigation water;
  11. Springs;
  12. Individual residential car washing;
  13. Flows from riparian habitats and wetlands;
  14. Dechlorinated swimming pool discharges - chlorinated water that has either sat idle for 7 days following chlorination prior to discharge to the MS4 conveyance, or, by analysis, does not contain detectable concentrations of chlorinated residual (less than 0.05 milligram per liter);
  15. Street wash water;
  16. Discharges from firefighting activities.

(C)   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 United States Environmental Protection Agency is also exempted from this chapter, 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 acceptance has been granted for the subject discharge to the stormwater drainage system.

PROHIBITED DISCHARGES AND CONNECTIONS.

(A)   Illicit discharges prohibited.  No person shall discharge or cause to be discharged to Hammond’s municipal separate storm sewer system, watercourse, or water body, directly or indirectly, any discharge that is not composed entirely of stormwater except permitted discharges per 40 CFR § 122.26(b)(2).  Any person discharging stormwater shall effectively minimize pollutants from also being discharged with the stormwater through the use of best management practices (BMPs).  The Division of Stormwater Management of the City of Hammond is authorized to require dischargers to implement pollution- prevention measures, including BMPs, as may be necessary to prevent or reduce the discharge of pollutants into Hammond’s stormwater drainage system.

(B)   Illegal connections prohibited.  The construction, use, maintenance or existence of illegal connections to the storm drainage system is prohibited.  This prohibition expressly includes, without limitation, illegal connections made in the past regardless of whether the connection was permissible under law or practices prevailing or applicable at the time of connection and regardless of whether the connection was approved by an authorized enforcement agency at the time of the connection.

(C)   It shall be a violation of this chapter to permit, allow or engage in the discharge of any pollutant into any waterway of the United States, including but not limited to, the Grand Calumet River, the Indiana Harbor Ship Channel, any of their tributaries or streams or any streets, storm sewers or drains, ditches or drainage ways leading to any such waterway of the United States.

STORAGE OF HAZARDOUS OR TOXIC MATERIAL.

(A)   It shall be a violation of this chapter to store polluting substances, as identified by USEPA or IDEM, in a manner that violates any federal, state or local statute, ordinance or regulation relating to the protection of the public health, safety and welfare or environment, when such storage is shown to have the potential of allowing discharge to any waterway of the United States including, but not limited to the Grand Calumet River, the Indiana Harbor Ship Channel, any of their tributaries or streams or any streets, storm sewers or drains, ditches or drainage ways leading to any such waterway of the United States.

(B)   Storage or stockpiling of hazardous or toxic material on any site must include adequate protection and/or containment so as to prevent any such materials from entering any temporary or permanent stormwater conveyance or watercourse.

MONITORING OF DISCHARGES.

(A)   Applicability. This section applies to all facilities that have stormwater discharge associated with industrial activity, including construction activity.

(B)   Access to facilities.

(1)   The Hammond Stormwater Management Division shall have all authority provided by law and pursuant to the terms and conditions of any applicable permit to enter and inspect facilities as often as may be necessary to determine compliance with this chapter.  If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access by properly identified representatives of the Stormwater Management Division or authorized enforcement agencies.

(2)   Facility operators shall allow the Stormwater Management Division ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept as part of the conditions of an NPDES permit.

(3)   The Department of Stormwater Management shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Department or an authorized enforcement agency to conduct monitoring and/or sampling of the facility’s stormwater discharge.

(4)   The Stormwater Management Division shall have the right to require the discharger to install monitoring equipment as necessary.  The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense.  All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

(5)   Any temporary or permanent obstruction or condition that would obstruct the safe and easy access to the facility to be sampled or monitored shall be promptly removed by the operator upon the oral or written request of the Stormwater Management Division and such obstruction shall not be replaced.  The costs of clearing such access, if any, shall be borne by the facility.

(6)   Unreasonable delays in allowing the Department of Stormwater Management access to a facility regulated under this chapter is a violation of this chapter of the Hammond Municipal Code.  A person who is the operator of a facility with an NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies reasonable access by the Stormwater Management Division or an authorized enforcement agency to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.

(7)   If the Stormwater Management Division has been refused access to any part of the premises from which stormwater is discharged, and it can demonstrate probable cause to believe that there may be a violation of this chapter or the code, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter of the code or any order issued hereunder or to protect the overall public health, safety and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.

POLLUTANT REDUCTION THROUGH THE USE OF BEST MANAGEMENT PRACTICES.

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 separate storm sewer system or watercourses, using the city’s approved BMPs.  Further, any person responsible for a property or premise that is or may be the source of an illicit discharge may be required to implement additional BMPs as required by the Stormwater Management Division to prevent further discharge of pollutants into 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 to be compliance with the provisions of this section.

PRIVATE PROPERTY MAINTENANCE DUTIES.

(A)   Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse located within their property boundaries free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse.  In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

(B)   Easements intended for periodic or occasional use as conductors for the flow of surface water runoff shall be maintained in an unobstructed condition by the owners of the properties they cross.  The utility shall have the right to determine if any obstruction exists and to repair or maintain, or require such repair and maintenance by the property owner, as shall be reasonably necessary to keep the conductors unobstructed.

(C)   No property owner or occupant shall change the stormwater runoff pattern of his property in such a way that neighboring properties or city property is adversely affected. Consideration and provisions must be made for drainage to and from neighboring properties when land use or development is altered.

(D)   No property owner or occupant shall direct stormwater runoff from roof drains, sump pump outfalls or other building drains in such a way that neighboring properties or city property is adversely affected.

SPILL REPORTING.

(A)   As soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information about any known or suspected release of material that may result in illegal discharges or pollutants entering the storm sewer system or watercourses, that person shall take all necessary steps to ensure the timely discovery, containment and cleanup of such release.

(B)   In the event of a release of hazardous material, the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.

(C)   In the event of a release of non-hazardous materials, the person shall notify the Stormwater Management Division or authorized enforcement agency in person or by phone or facsimile no later than the next business day.

(D)   If the report is made in person or by phone, the reporting party shall confirm the notice in writing addressed to the DSM within 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 accidental discharge and all measures proposed to be taken to prevent any recurrence; and

(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.

(E)   A properly reported accidental discharge shall be an affirmative defense to a civil proceeding brought under this chapter against a discharger for the discharge.  The report itself shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief because of or arising out of the discharge.  A discharge shall be considered properly reported only if the discharger complies with all the requirements of this section.  This requirement does not relieve the discharger from notifying other entities as required by state or federal regulations.

RATES, CHARGES AND BILLING

STORMWATER SERVICE CHARGE.

A stormwater service charge shall be imposed on each and every lot and parcel of land within the city which directly or indirectly contributes to the stormwater system of the city, which charge shall be assessed against the owner thereof, who shall be considered the user for the purposes of this chapter.  This charge is deemed reasonable and is necessary to pay for the repair, replacement, planning, improvement, operation, regulation and maintenance of the existing and future city stormwater system and for compliance with the city’s NPDES stormwater discharge permit(s).

 STORMWATER RATE ESTABLISHMENT PROCEDURES.

For the purpose of this chapter, a month shall be considered to be a period of 25 days up through 35 days depending on billing cycles.  Any billings for stormwater service outside this time shall be on a per diem basis.

This stormwater rate is designed to recover the cost of rendering stormwater service to the users of the stormwater system, and shall be the basis for assessment of the city’s stormwater service charge.  This rate is established so as to maintain adequate fund reserves to provide for reasonably expected variations in the cost of providing services, as well as variations in the demand for services.

RATE STRUCTURE AND CALCULATION.

For any such property, lot, parcel of land, building or premises which contributes directly or indirectly to the stormwater system of the city, such charge shall be based upon the quantity of impervious area situated thereon.

All properties having impervious area within the city will be assigned an equivalent residential unit (ERU), or multiple thereof, with all properties having impervious area assigned at least 1 ERU.

Non-residential properties.  Non-residential properties will be assigned an ERU multiple based upon the property’s individually measured impervious area (in square feet) divided by 2,500 square feet (1 ERU).  The division will be calculated to the first decimal place.

Only whole ERUs shall be used in determining the assignment of gross ERUs to a property.  All rounding necessary to reach the appropriate whole ERU shall be done according to mathematical convention (0 - 0.4 rounded down to nearest whole ERU; 0.5 - 0.9 rounded up to nearest whole ERU).

There shall be no exceptions or exemptions from the assignment of gross stormwater ERUs.

APPEALS OF ERU DETERMINATION.

(A)   If, in the opinion of any user, the ERU multiple assigned to his property is inaccurate in light of the amount of impervious area of said property, the user shall have the right to contest the ERU determination and thus the rate assessed in the following manner.

(B)   User shall obtain and complete a petition to appeal stormwater rate form (petition) which shall be returned to the DSM with verifiable documentation supporting user’s claim.

(C)   The DSM shall investigate user’s claim and, upon review thereof, shall render a written determination that either the original ERU determination and assessed rate should be affirmed or the user’s rate should be adjusted according to the petition.

(D)   If user’s petition is denied, the opinion shall be forwarded to user by certified mail, return receipt requested. User shall then have 7 days from date of receipt to request a reconsideration by the District Manager.  Any additional facts concerning the dispute shall be reduced to writing and submitted, along with a copy of the original petition and supporting documents, to the District Manager.  The DSM shall submit a written report of the determination in the case, along with any documents used in denying the user’s claim.

(E)   Thereafter, the District Manager, or his or her designee, shall review all documentation and conduct, as necessary in his or her opinion, an informal hearing to determine and resolve the dispute based on the documentation submitted and any oral testimony.  A written opinion shall be rendered within 30 days after the hearing or submission of documentation if no hearing is conducted.  The written opinion of the District Manager or his or her designee shall constitute the final DSM determination, and may be challenged by the user by a written request to the Board for formal consideration within 15 days of the District Manager’s opinion.

(F)   The Board shall conduct a hearing and issue a determination which shall be binding on the Stormwater Management Division.  The hearing shall be electronically recorded and a transcript of the hearing provided upon request at a cost per page as determined by the Stormwater Management Division Accounting Department and amended from time to time.

(G)   A party or person aggrieved by the final Board determination shall have the right to judicial review of such determination in accordance with state law.

(H)   If the DSM recommends the user’s rate be reduced, or reduction is ordered by the District Manager, Board or court of law, user shall be credited accordingly for any overpayment made from the date of the petition.

(I)   Dispute or appeal of an ERU determination for stormwater service rate shall not be a valid reason for non-payment of the originally assessed stormwater service charge by the user.

ENFORCEMENT

(A)   Enforcement actions generally.  Enforcement of this chapter shall be subject to the severity of the infraction and the responsible party’s efforts to comply as determined by the Stormwater Management Division.  The Department shall reserve the right to determine the level of enforcement on a case-by-case basis. Subject to division (G) below, enforcement actions shall be initiated by the serving of a notice of violation and may include any 1 or more of the following:

(1)   Verbal warning to the responsible party/parties to make corrections.

(2)   Written warning to the responsible party/parties to make corrections within a specified period of time.  The period of time shall take into account issues such as the severity of the problem, pending weather, seasonal conditions, and the level of effort necessary to correct the problem.

(3)   Warning of non-compliance with directions to the responsible party/parties that site conditions require immediate action.

(4)   The performance of monitoring, analysis, and reporting.

(5)   Stop work order.

(6)   Suspension of access to the stormwater drainage system.

(7)   Civil penalties and fines.

(B)   Restoration and remediation. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed.  The notice shall further advise that, should the responsible party/parties fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the responsible party/parties.

(C)   Emergency suspensions. The Stormwater Management Division may, without prior notice, suspend access to the stormwater drainage system to a person or entity when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the stormwater drainage system or waters of the United States.  If a responsible party fails to comply with a suspension order issued in an emergency, the Department of Stormwater Management may take such steps as deemed necessary to prevent or minimize damage to the stormwater drainage system or waters of the United States, or to minimize danger to persons.

(D)   Suspension of access to the stormwater drainage system due to the detection of illicit discharge. Any person or entity discharging to the agreed upon by the Board of Stormwater Management and the violator and that further the goals of Hammond’s approved stormwater quality management plan.

(E)   Civil penalty.  Any person that has violated or continues to violate this chapter and passed as a municipal ordinance, shall be liable to civil penalties to the fullest extent of the law, and shall be subject to a fine of up to $2,500 dollars per violation per day.  Each and every day that the violation exists shall constitute a separate offense.

(F)   Fees and costs.  The Stormwater Management Division may recover all reasonable attorneys’ fees, court costs, consultant costs and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses to the extent permitted by law.

(G)   Remedies not exclusive.  The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Stormwater Management Division to seek cumulative remedies.

(H)   Authorized enforcement agencies.  The Board of Stormwater Management, Water Pollution Control Maintenance Department, Division of Public Works and Stormwater Management Division, Hammond Department of Environmental Management, Department of Law, Code Enforcement/Inspections, and Fire Department of the City of Hammond, or its subcontractors shall be the agencies authorized to enforce this chapter of the Hammond Municipal Code.

(I)   Appeal of notice of violation.  Any person receiving a notice of violation may appeal the determination to the Board of Stormwater Management.  The notice of appeal must be received within 30 days from the date of the notice of violation.  Hearing on the appeal before the Board or its hearing officer shall take place within 30 days from the date of receipt of the notice of appeal.  The decision of the Board or its hearing officer shall be final, subject to any right of a person to seek judicial review in a court of competent jurisdiction.

LINKS:

Hammond Sanitary District Storm Water Webpage

Hammond Stormwater Ordinance