City of Lafayette
The City of Lafayette has enacted a Stormwater Ordinance in order to provide for the health, safety, and general welfare of the citizens of the City of Lafayette through the regulation of stormwater and non-stormwater discharges to the storm drainage system; to enhance economic objectives; and to protect, conserve and promote the orderly development of land and water resources within City of Lafayette. The City of Lafayette 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 Lafayette will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Stormwater User fees will be calculated and collected by the City of Lafayette. The City of Lafayette, 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 Lafayette has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.
Stormwater User Fee
The fee is based on the average impervious surface for the average residential parcel size, or an Equivalent Residential Unit (ERU). One ERU equals 3,200 square feet.
Non-Residential User Fee: For developed non-residential property owners, the city calculates user fees based on actual measured impervious surface for a parcel. So a property with 12,800 square feet of impervious surface would pay $20.00 per month. The minimum bill will be one ERU or $5.00. An alternate rate class also has been established for non-residential users that have an NPDES Permit and discharge directly to a watercourse. The city will work closely with alternate applicants to ensure that they meet qualifications for this rate class.
Per the Ordinances, ERU multiples are rounded to the nearest tenth. The stormwater service charge will be rounded to the nearest whole cent.
Impervious Surface Area
Impervious surface area is defined as a surface that prevents the infiltration of stormwater into the soil. Impervious surface area allows stormwater to accumulate and run off as concentrated discharge. The city considers all developed property to contain impervious surface area. Impervious surface areas include driveways, building rooftops, parking lots, patios, sidewalks, private roadways, pavement, rooftops, compacted gravels and other structures.
Alternate Rate Classes for Non-Residential Property
This ordinance creates two (2) additional alternate rate classes for specific non-residential properties or parcels which hold valid NPDES stormwater discharge permits issued by the Indiana Department of Environmental Management (IDEM). Qualifying NPDES permits include discharges exposed to industrial activities (Rule 6), runoff associated with MS4 conveyances (Rule 13) and or other related NPDES permits. The alternative rate classes are applicable as listed below.
- Alternate Rate A – For stormwater discharges made directly into a watercourse within the City of Lafayette, the monthly stormwater service charge shall be calculated by multiplying the ERU by $2.50.
- Alternate Rate B – For stormwater discharges made directly into a watercourse outside of the City of Lafayette, the monthly stormwater service charge shall be calculated by multiplying the ERU by $1.54.
The above alternate rate applies only to the portion of ERUs and/or property specifically covered by an active permit and that discharges into a watercourse. The standard monthly rate applies to all other impervious surface area or ERUs.
To qualify for an alternate rate, the applicant is required to submit the following information to the city:
- Completed Alternate Rate Class Application and Discharge Information Sheets
- Specific NPDES permit certifications
- Current annual permit compliance reporting indicating that the applicant is in full compliance with all permit conditions and requirements
- A map of the facility illustrating parcel and impervious surface area information, permitted discharge point and contributing drainage areas
The city will track applicants’ permit compliance through the IDEM public notice process. Alternate Rate Class applications are renewed on an annual basis.
PROHIBITED DISCHARGES AND CONNECTIONS
APPLICABILITY AND EXEMPTIONS
This Article shall apply to all discharges, including illegal dumping, entering the storm drain system under the control of City of Lafayette, regardless of whether the discharge originates from developed or undeveloped lands, and regardless of whether the discharge is generated from an active construction site or a stabilized site. These discharges include flows from direct connections to the storm drain system, illegal dumping, and contaminated runoff.
Stormwater runoff from agricultural, timber harvesting, and mining activities is exempted from the requirements of this Article unless determined to contain pollutants not associated with such activities or in excess of standard practices. Farm residences are not included in this exemption.
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 the subject discharge to the storm drain system, is also exempted from this Article.
PROHIBITED DISCHARGES AND CONNECTIONS
No person shall discharge to a waterbody, directly or indirectly, any substance other than stormwater or an exempted discharge. Any person discharging stormwater shall effectively prevent pollutants from also being discharged with the stormwater, through the use of best management practices (BMPs).
The City of Lafayette is authorized to require dischargers to implement pollution prevention measures, utilizing BMPs, necessary to prevent or reduce the discharge of pollutants into the City of Lafayette’s stormwater drainage system.
EXEMPTED DISCHARGES AND CONNECTIONS
The following categories of non-stormwater discharges or flows are exempted from the requirements of this Article:
- Water line flushing;
- Landscape irrigation;
- Diverted stream flows;
- Rising ground waters;
- Uncontaminated groundwater infiltration;
- Uncontaminated pumped ground water;
- Discharges from potable water sources;
- Foundation drains;
- Air conditioning condensation;
- Irrigation water;
- Water from crawl space pumps;
- Footing drains;
- Residential and commercial lawn watering;
- Individual residential car washing;
- Flows from riparian habitats and wetlands;
- Dechlorinated swimming pool discharges;
- Street wash water;
- Discharges from firefighting activities;
- Naturally introduced detritus (e.g. leaves and twigs)
STORAGE OF HAZARDOUS OR TOXIC MATERIAL
Storage or stockpiling of hazardous or toxic material within any drainage-way, or in its associated floodway or floodplain, is strictly prohibited. Storage or stockpiling of hazardous or toxic material 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 drainage-way.
PRIVATE PROPERTY MAINTENANCE DUTIES
Every person owning property through which a drainage-way passes, or such person's lessee, shall keep and maintain that part of the drainage-way 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.
Any discharger who accidentally discharges into a water body any substance other than stormwater or an exempted discharge shall immediately inform the Lafayette Fire Department and Tippecanoe Emergency Management concerning the discharge. A written report concerning the discharge shall be filed with the City of Lafayette Engineer’s Office, by the discharger(s), within five (5) days. The written report shall specify:
- The composition of the discharge and the cause thereof;
- The exact date, time, and estimated volume of the discharge;
- All measures taken to clean up the accidental discharge, and all measures proposed to be taken to prevent any recurrence;
- The name and telephone number of the person making the report, and the name of a person who may be contacted for additional information on the matter.
A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this Code against a discharger for such discharge. It 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.
INSPECTIONS AND MONITORING
(A.)Storm Drainage System
The City of Lafayette will periodically inspect the portion of the storm drainage system under the City of Lafayette’s control, in an effort to detect and eliminate illicit connections and discharges into the system. This inspection will include a screening of discharges from outfalls connected to the system in order to determine if prohibited flows are being conveyed into the storm drainage system. It could also include spot testing of waters contained in the storm drainage system itself to detect the introduction of pollutants into the system by means other than a defined outfall, such as dumping or contaminated sheet runoff.
If, as a result of the storm drainage system inspection, a discharger is suspected of an illicit discharge, the City of Lafayette may inspect and/or obtain stormwater samples from stormwater runoff facilities of the subject discharger, to determine compliance with the requirements of this Code. Upon request, the discharger shall allow the City of Lafayette's properly identified representative to enter upon the premises of the discharger at all hours necessary for the purposes of such inspection or sampling. The City of Lafayette, or its properly identified representative, may place on the discharger's property, the equipment or devices used for such sampling or inspection. Identified illicit connections or discharges shall be subject to enforcement action as described in Article VII of this Code.
STORMWATER QUALITY MANAGEMENT FOR POST-CONSTRUCTION
APPLICABILITY AND EXEMPTIONS
The stormwater pollution prevention plan, which is to be submitted to the City of Lafayette as part of the stormwater management permit application, 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 filter stormwater runoff from the stabilized site. Any project located within the City of Lafayette that includes clearing, grading, excavation, and other land disturbing activities, resulting in the disturbance of 1 acre or more of total land area, is subject to the requirements of this Article. This includes both new development and re-development, and disturbances of less than one (1) acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one (1) or more acres of land, within the MS4 area.
POLICY ON STORMWATER QUALITY MANAGEMENT
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 re-development continues in the City of Lafayette measures must be taken to intercept and filter pollutants from stormwater runoff prior to reaching regional creeks, streams, and rivers in order to preserve fishable and swimmable conditions. Through the use of Best Management Practices (BMP), stormwater runoff will be filtered and harmful amounts of sediment, nutrients and contaminants will be removed. The project site owner must submit to the City of Lafayette, a Storm Water Pollution Prevention Plan (SWPPP) that would show placement of appropriate BMP(s) from a pre-approved list of BMPs specified in the Indiana Stormwater Quality Manual or the Technical Standards. The noted BMPs must be designed, constructed, and maintained according to guidelines provided or referenced in the Indiana Stormwater Quality Manual or the Technical Standards. Practices other than those specified in the pre-approved list may be utilized. However, the burden of proof, as to whether the performance and ease of maintenance of such practices will be according to guidelines provided in the Indiana Stormwater Quality Manual or the Technical Standards, would be placed with the applicant. Details regarding the procedures and criteria for consideration of approval of such BMPs are provided in the Technical Standards.
All stormwater quality management systems, including detention or retention basins, filter strips, pocket wetlands, in-line filters, infiltration systems, conveyance systems, structures and appurtenances located outside of the right-of-way shall be incorporated into permanent easements.
INSPECTION, MAINTENANCE, RECORD KEEPING, AND REPORTING
After the approval of the stormwater management permit by the City of Lafayette and the commencement of construction activities, the City of Lafayette has the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this Article, the Technical Standards or Indiana Stormwater Quality Manual, and the terms and conditions of the approved permit.
Stormwater quality facilities shall be maintained in good condition, in accordance with the Operation and Maintenance procedures submitted as part of the stormwater permit application. These procedures shall not be subsequently altered, revised or replaced except in accordance with the approved stormwater permit, or in accordance with approved amendments or revisions in the permit. Following construction completion, inspection and maintenance of stormwater quality facilities shall be the responsibility of City of Lafayette.
All public and privately owned stormwater quality facilities will be inspected by representatives of the project site owner until the project is complete and a Notice of Termination has been issued. Inspection frequency shall follow specifications included in the Operation and Maintenance submitted as part of the permit application. Optional inspection checklists for some of the more common BMPs can be found in Appendix B of the Technical Standards. Following project completion, City of Lafayette assumes responsibility for having annual inspections of the stormwater quality facilities completed. The inspections will follow the Operation and Maintenance procedures included in the permit application for each specific BMP. The inspection will cover physical conditions, available water quality volume 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 stormwater quality facility will be notified by City of Lafayette 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 of Lafayette will undertake the work and collect from the owner using lien rights if necessary.
PENALTIES FOR VIOLATIONS
Any person found in violation of any provision of this Code shall be responsible for a civil infraction and subject to a fine of not less than $500 for a first offense, and not less than $1,000 for a subsequent offense, plus damages, expenses, and costs as may be imposed in the discretion of the court. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this Code.
Any person who aids or abets a person in a violation of this Code shall be subject to the penalties provided in this section.
For purposes of this section, "subsequent offense" means a violation of the provisions of this Code committed by the same person within 12 months of a previous violation of the same provision of this Code for which said person admitted responsibility or was adjudicated to be responsible.
FAILURE TO COMPLY OR COMPLETE
In addition to any other remedies, should any person fail to comply with the provisions of this Code, the City of Lafayette may, after the giving of reasonable notice and opportunity for compliance, have the necessary work done, and the owner shall be obligated to promptly reimburse the City of Lafayette for all costs of such work.
SUSPENSION OF ACCESS TO THE STORM DRAIN SYSTEM
A. Suspension due to Emergency Situations
The City Engineer may, without prior notice, suspend storm drain system discharge access to a person 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 storm drain system, or to Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the storm drain system or Waters of the United States, or to minimize danger to persons.
B. Suspension due to the Detection of Illicit Discharge
Any person discharging to the storm drain system in violation of this Code may have their storm drain system access terminated if such termination would abate or reduce an illicit discharge. The City of Lafayette will notify a violator of the proposed termination of its MS4 access. The violator may petition the Board of Public Works and Safety for a reconsideration and hearing.
Nothing herein contained shall prevent the City of Lafayette from taking such other lawful action as may be necessary to prevent or remedy any violation. All costs connected therewith shall accrue to the person or persons responsible. Costs include, but are not limited to, repairs to the storm drain system made necessary by the violation, as well as those penalties levied by the EPA or IDEM for violation of the City of Lafayette’s NPDES permit, attorney fees, and other costs and expenses.
Any person to whom any provision of this Code has been applied may appeal in writing, not later than 30 days after the action or decision being appealed from, to the Board of Public Works and Safety the action or decision whereby any such provision was so applied. Such appeal shall identify the matter being appealed, and the basis for the appeal. The Board of Public Works and Safety shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action being appealed. In considering any such appeal, the Board of Public Works and Safety may consider the recommendations of the City Engineer and the comments of other persons having knowledge of the matter. In considering any such appeal, the Board of Public Works and Safety may grant a variance from the terms of this Code to provide relief, in whole or in part, from the action being appealed, but only upon finding that the following requirements are satisfied:
- The application of the Code provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses in order to comply with the Code; and
- The granting of the relief requested will not prevent the goals and purposes of this Code, nor result in less effective management of stormwater runoff.
Lafayette Stormwater User Fee
Lafayette Stormwater Ordinance