§ 30-167. Inspection.

(a)

Construction inspection.

(1)

To ensure compliance with the stormwater pollution prevention plan, the stormwater management board shall inspect sites having ongoing land disturbing activities as deemed appropriate by the stormwater management board.

(2)

If land disturbing activities are being carried out without a local approval, the stormwater management board shall issue a stop work order pursuant to the provisions of IC 36-1-4-11 and 36-1-6-2.

(3)

Persons receiving a notice of violation may be required to halt all construction activities. This "stop work order" will be in effect until the stormwater management board confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this article.

(b)

Post construction inspection.

(1)

Inspection programs may be established on any reasonable basis, including, but not limited to, routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; 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 joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater treatment practices.

(2)

Persons receiving a notice of violation may be required to halt all operational activities. This "cease and desist order" will be in effect until the stormwater management board confirms that the operational activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this article.

(c)

Right of entry for inspection. When any new drainage 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 stormwater management board 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 article is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this article.

(Ord. No. 2005-29, § 12, 10-5-2005)