Vanderburgh County s Qualifications to Manage a Construction Site Run-off Control Program with the County Engineer as MS4 Operator.

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1 Vanderburgh County Surveyor s Rule 13 Workbook Chapter Vanderburgh County s Qualifications to Manage a Construction Site Run-off Control Program with the County Engineer as MS4 Operator. Introduction The Vanderburgh County Surveyor submits the information in this chapter to document the Vanderburgh County Engineer s qualifications, as the county s MS4 operator, to implement and manage a local program to regulate storm water run-off from construction sites immediately upon the adoption of an ordinance. The Vanderburgh County Drainage Board appointed a committee to assist the county surveyor with the production of a proposed ordinance to regulate storm water run-off from construction sites in Vanderburgh County. The proposed ordinance in its current form is available at and meets the specific content required by 327 IAC and 327 IAC 15-5, the two applicable Indiana Administrative Codes. Vanderburgh County s qualification for the immediate implementation and management of a local program to operate the construction site run-off minimum control measure (MCM) program is based upon the existing degree of competence of county personnel and the completeness of the proposed ordinance. Therefore, upon the county commissioners adoption of the proposed ordinance, Vanderburgh County, Indiana, meets or exceeds the criteria indicated in Indiana Department of Environmental Management s Rule 13 Guidance Manual for a designated MS4 entity to achieve qualified status. Respectfully submitted, Bill Jeffers, Vanderburgh County Surveyor Room 325 Administration Building Civic Center Complex Evansville, IN Fax bjeffers@vanderburghsurveyor.com 1

2 Criteria for a Qualified MS4 Entity Indiana Department of Environmental Management (IDEM) has provided a guidance manual for local MS4 entities to use when developing a local program. The guidance manual includes the text of 327 IAC (Rule 13) and provides specific requirements for a local program as well as suggestions regarding measurable goals an MS4 operator should implement and achieve. Section 15 of IDEM s Rule 13 Guidance Manual suggests specific best management practices (BMPs), measurable goals, and reporting procedures that IDEM and the Indiana Department of Natural Resources Division of Soil Conservation (IDNR/DSC) will use as criteria to measure a local MS4 operator s readiness to implement and manage a local construction site MCM program. In this chapter, the county surveyor compares IDEM s suggested criteria to Vanderburgh County s existing level of competence with regard to regulatory mechanisms, personnel, documents, procedures, and other specific resources. BMP #1: IDEM s Rule 13 Guidance Manual, Section 15, BMP #1: Develop and adopt an erosion and sediment control ordinance. The ordinance gives the community the authority to require erosion and sediment control plans for new developments, to inspect new development sites and to require compliance with the local ordinance and 327 IAC 15-5 (Rule 5). The guidance manual states, The ordinance should have the following elements: Requirement to install erosion and sediment control measures; Requirement to manage other construction site wastes; Technical standards references (Indiana Stormwater Quality Manual); Clear definition of who must submit erosion and sediment control information or plans; Requirement to obtain plan approval prior to initiation of land disturbing activities; Provisions for submittal of erosion and sediment control plans or information if site plans or conditions change during construction; Allow right of entry for inspections; and Enforcement authority, with provisions for penalties (e.g., monetary fines, stop work orders). 2

3 A. Features of Vanderburgh County s existing erosion and sediment control code, Title 15, Chapter 15.44, include the following elements: 1. Requires property owner to employ adequate erosion and sediment control measures before initiating any non-agricultural land disturbing activity or new construction activity. 2. Requires erosion and sediment control measures meet the design criteria, standards and specifications per the Indiana Handbook for Erosion Control in Developing Areas (the predecessor to the Indiana Stormwater Quality Manual ). 3. Requires adequate erosion and sediment control measures be maintained throughout the period of construction activity. 4. Enables right of entry for site inspections and corrective recommendations in accordance with the standards in Indiana s handbook for erosion control. 5. Provides an enforcement protocol including fines, stop-work orders, corrective work, and mechanic s liens for recovery of costs. B. Features of Vanderburgh County s existing storm water drainage control code, Title 13, Chapter 13.04, include the following elements: 1. Requires the developer or landowner to submit professionally engineered construction plans for new land developments and redevelopments that establish 10,000 square feet of new impervious surface. 2. Requires plan review by the county surveyor and approval by the county drainage board prior to recording a plat or obtaining a building permit to initiate the construction project. 3. Requires detention and controlled release of 25-year storm postconstruction storm water run-off at the 10-year, pre-development flow rate. 4. Establishes impacted drainage areas where the storm water control system must detain the 100-year storm and release it at the 10-year rate. 5. Establishes technical design criteria in accordance with applicable industry standards for all components of storm water conveyance, storage, and release systems. 6. Includes erosion and sediment control standards that require land surface stability in the drainage system prior to project release, and designates specific responsibilities for long-term maintenance of channels, basins, pipes, lakes, and shorelines to homeowners, individual property owners, and for repairs by the county via a designated escrow account. 7. Enables right of entry for inspection and enforcement. 8. Contains penalties, fines, and provisions for stop-work orders. 3

4 C. Features of Vanderburgh County s proposed construction site run-off control ordinance include the following elements: 1. Requires the project site owner to submit a construction plan including all the requirements and provisions of 327 IAC 15-5 (Rule 5) for every project site with land disturbance equal to or greater than one (1) acre. 2. Requires plan review and approval by MS4 operator prior to land disturbing activity at the construction site. 3. Requires modification of a construction plan after the initiation of activity if necessary to adequately control construction site run-off due to changes in plans or conditions at the site. 4. Requires compliance with Rule 5 and the approved construction plan during the entire period of construction activity at a project site, including for individual lots less than one (1) acre within the larger common development. 5. Requires installation and proper maintenance of appropriate control measures selected from standard reference manuals including the Indiana Handbook for Erosion Control in Developing Areas (and its subsequent updated editions) and other excellent reference manuals. 6. Enables right of entry, site inspections, corrective recommendations, and enforcement to ensure implementation and maintenance of appropriate control measures and compliance with applicable federal, state, and local rules regarding storm water discharge and waste management. 7. Includes all the content and regulatory requirements of Rule 5 and all the recommended elements of Rule 13, Section 15. MEASURABLE GOAL #1: The Board of County Commissioner s adoption of the proposed ordinance before January 1, REPORTING: 1. IDEM and IDNR/DSC may access Vanderburgh County s erosion and sediment control code at: then click Title 15 Buildings and Construction, then Chapter Erosion and Sediment Control. 2. IDEM and IDNR/DSC may access Vanderburgh County s storm water control code at: then click Title 13 Public Services, then Chapter Stormwater Drainage Control. 4

5 3. IDEM and IDNR/DSC may access Vanderburgh County s proposed construction site storm water run-off control ordinance at Then click latest version of proposed ordinance in the blue column on the right-hand side of the Web site s front page. 4. When the county commissioners adopt the construction site run-off control ordinance, the MS4 operator will notify IDEM, as required by Rule 13, with the prescribed state form certifying the ordinance s adoption. MEASURABLE GOAL #2: IDEM s Rule 13 Guidance Manual recommends formally adopting a policy that establishes penalties associated with violations. 1. Vanderburgh County s existing erosion and sediment control code empowers the county engineer and the county engineer s authorized agent to enter property, investigate and report non-compliance, and make corrective recommendations, and follow-up inspections. 2. The county s existing erosion and sediment control code authorizes the county building commissioner to issue non-compliance citations as monetary fines, and to issue stop-work orders for repeat non-compliance citations. 3. The county s existing erosion and sediment control code empowers the county commissioners to authorize its work force or a hired contractor to complete corrective repairs at a non-compliant site, and to recover in court the costs for lawyers fees, contractual fees, court costs, and unpaid penalties. 4. The proposed construction site storm water run-off control ordinance mirrors and expands the existing erosion and sediment control code s enforcement and penalty procedures. REPORTING: 1. IDEM and IDNR/DSC may refer to files at the county building commissioner s office and at the county SWCD office that document the extent of enforcement, penalty, and stop-work actions take under existing local regulations since The MS4 operator will record and make monthly and annual reports of enforcement, penalty, and stop-work actions taken after the adoption of the new ordinance beginning January 2, 2004, and in accordance with the requirements of IDEM s new reporting procedures. 5

6 BMP#2: IDEM s Rule 13 Guidance Manual, Section 15, BMP #2: Require BMPs per the Indiana Stormwater Quality Manual IAC 15-13, Section 15 and Section 16, became effective without containing references to the Indiana Stormwater Quality Manual IAC 15-5, in the most current form approaching its effective date contains no reference to the Indiana Stormwater Quality Manual. 3. As of October 27, 2003, IDNR/DSC s publications department reports that the Indiana Stormwater Quality Manual is in the development stage and will be published within the next two years. 4. Vanderburgh County s proposed construction site storm water run-off ordinance references and requires the use of the Indiana Handbook for Erosion Control in Developing Areas, and its subsequent revisions, updates, addendums, and replacement editions. 5. The Vanderburgh County Engineer (the MS4 operator), and the Vanderburgh County Surveyor anticipate the update of the Indiana Handbook for Erosion Control in Developing Areas to be entitled the Indiana Storm Water Quality Manual upon its publication. MEASURABLE GOAL: Vanderburgh County s MS4 operator will require BMPs per the Indiana Stormwater Quality Manual beginning no later than November 4, 2005, or as soon as IDNR/DSC publishes and distributes the manual. REPORTING: 1. The MS4 operator will require BMPs per Indiana Handbook for Erosion Control in Developing Areas until IDNR/DSC s publication of the Indiana Stormwater Quality Manual, at which time the newer manual will be required for use. 2. In addition to the Indiana erosion control handbook, Vanderburgh County s proposed ordinance references three (3) excellent technical manuals for the MS4 entity s construction site MCM program. a. The Georgia Stormwater Management Manual, Vol. 2: Technical Handbook; b. The City of Knoxville Stormwater Engineering BMP Manual; and 6

7 c. The Floriday Stormwater, Erosion, and Sediment Control Inspector s Manual. 3. The proposed ordinance references the manuals in Section 14: Standard reference manuals and guidance documents, currently on or near page 40 of the working draft available for viewing at: 4. IDEM and IDNR/DSC may review, approve use of, or make suggestions regarding the most recent edition of each reference manual by accessing the Web links provided on or near page 40 of the draft ordinance. BMP #3: IDEM s Rule 13 Guidance Manual, Section 15, BMP #3: Provide a training opportunity for site operators and construction site contractors on erosion and sediment control. MEASURABLE GOAL #1: The Vanderburgh County MS4 operator will provide, at a minimum, one (1) training opportunity in 2004, and one (1) opportunity each subsequent year, for site operators and construction site contractors on erosion and sediment control. Each training opportunity will be a minimum 3-hour long presentation regarding the MS4 construction site run-off MCM program. MEASURABLE GOAL #2: By November 4, 2006, the MS4 operator will partner with other MS4 entities and interested parties to present, at a minimum, one (1) annual seminar extending the educational presentations to a maximum six (6) hours class time with instruction qualifying as continuing education for licensed contractors and operators. 1. The proposed ordinance, Section 19: Measurable program goals, subsection A, provides that the MS4 operator will develop measurable goals for the MS4 construction site runoff control program that identify specific outreach, compliance, and implementation percentages and timetables. 2. Section 19, subsection B, provides that the measurable goals will address the implementation of this chapter and the MS4 program, especially with regard to developer/contractor education outreach 3. Section 19, subsection C, provides that The MS4 operator will set measurable goals to address, at a minimum, the implementation and steadily increasing achievement of awareness and understanding of the requirements established by this chapter. 7

8 REPORTING: 1. The Vanderburgh County Engineer (MS4 operator) is partnered with the county surveyor and SWCD to present a 3-part program at the Tri-State Construction Expo, Evansville, IN, on November 18, The program comprises three 55-minute presentations including: a. Local Erosion Control Code and BMP Applications; b. NPDES Phase II Regulations and BMP Applications; c. Rule 5, Section 7.5, Small Construction Site BMP Applications. 3. The anticipated audience is commercial building contractors, homebuilders, and remodelers. 4. The MS4 operator will provide IDEM with a copy of the training agenda and the attendance sheet following the Tri-State Construction Expo event. 5. The MS4 operator will schedule during 2004 through 2008, increasingly frequent and technologically updated programs to a broader audience of stakeholders, and provide documentation of content and attendance to the department annually. MEASURABLE GOAL #3: The Vanderburgh County Surveyor will launch a Web site at no later than January 2, 2004; and will dedicate a substantial section of the site to National Pollution Discharge Elimination System (NPDES) Phase II construction site management and erosion control practices. BMP #4: IDEM s Rule 13 Guidance Manual, Section 15, BMP #4: Integrate erosion and sediment control plan review into the existing plan review process. MEASURABLE GOAL #1: The MS4 operator will integrate the review of erosion and sediment control plans for project sites regulated under the new ordinance within one (1) month following the effective date of the new ordinance. REPORTING: 1. Since the 1994 memorandum of agreement (MOA) with IDEM became effective, SWCD has held a seat on the Vanderburgh County APC subdivision review committee, and an SWCD technician has ensured submittal, review, and approval of erosion and sediment control plans for projects disturbing five (5) or more acres. 8

9 2. For twenty (20) years, the county engineer and the county surveyor each have held a seat on the APC subdivision review committee and have ensured submittal, review, and approval of code-compliant street and drainage plans for major commercial and residential land developments. 3. The APC subdivision review committee comprises professionals and technicians from the city department of transportation, city engineer, county engineer, county surveyor, SWCD, APC, county building commissioner, county floodplain management committee, Evansville Urban Transit Study, Evansville Water and Sewer Utility, county health department, 911 emergency response department, and the township volunteer fire departments for the purpose of reviewing land development plans in accordance with various local code requirements. 4. The APC subdivision review committee meets monthly, two (2) weeks in advance of the county drainage board meeting at which drainage plans for larger common developments and any project sites establishing 10,000 square feet of new impervious surface seek approval. 5. Since 1996, the county drainage board has required submittal and review of the erosion and sediment control plan for a commercial site or residential subdivision establishing 10,000 square-foot or more impervious surface before the board will approve a final drainage plan for the project. 6. The county s proposed ordinance requires a Rule 5 construction plan submittal two (2) weeks in advance of the date set for the plan s consideration at the public meeting scheduled for the plan s tentative approval. The plan submittal deadline coincides with the APC subdivision review committee meeting date at which SWCD is represented. 7. The proposed ordinance requires the MS4 operator to store a copy of each construction plan in a separate file drawer designated for SWCD and to provide SWCD with a hard copy of a plan upon request, thereby, providing the opportunity for SWCD to review, comment, and recommend on each construction plan required by Rule 5 before the drainage board approves the coinciding final drainage plan. 8. A project site owner cannot record the plat for a larger common plan of development before drainage board approval of the final drainage plan, and APC will not issue a site improvement permit for an individual lot in a larger common plan of development until the recording of the plat. 9

10 MEASURABLE GOAL #2: The MS4 operator will review, or will cause to be reviewed, all new development plans for compliance with the local ordinance and will document that all plans are reviewed. REPORTING: 1. Beginning 2004, the MS4 operator will report to IDEM, on the required reporting schedule, that a construction plan is submitted and reviewed for each project site requiring a construction plan in accordance with the local ordinance. 2. The report from the MS4 operator will include data reflecting the number of plans requiring re-submittal for revisions to address deficiencies discovered during review and prior to final plan approval. MEASURABLE GOAL #3: In year 2004, the MS4 operator will train plan review staff on erosion and sediment control. REPORTING: 1. The Vanderburgh County MS4 operator has staff sufficiently trained to review erosion and sediment control plans. 2. The current county engineer (MS4 operator) has reviewed street, bridge, construction, and drainage plans, including grading plans with specific erosion and sediment details, for the county for 12 years. 3. The current county engineer has reviewed land development plans, including grading plans with erosion and sediment control details, for the APC subdivision review committee and the APC commercial site review committee for 12 years. 4. The current county engineer is a Professional Engineer licensed to practice by the State of Indiana. 5. The county engineer employs a design engineer who is a Professional Engineer licensed to practice by the State of Indiana. 6. The current design engineer at the county engineer s office has designed and reviewed street, bridge, and construction plans, including grading plans with erosion and sediment control details, for 13 years. 10

11 7. Prior to her county employment, the current design engineer had 10 years experience in plan design and implementation for surface coal mine reclamation under IDEM permitting authority. 8. The county engineer employs an erosion and sediment control technician with a 20-year record of employment at Vanderburgh County SWCD, where under an MOA with IDEM, he reviewed erosion and sediment control plans for major land development sites from 1994 until The county engineer, as the MS4 operator, has access to the supplemental resources of the county surveyor s office. 10. The current county surveyor has written specifications and reviewed design plans for regulated drain reconstruction and maintenance, including erosion and sediment control details, for over 18 years. 11. The current county surveyor has reviewed land development plans and storm water drainage plans, including grading plans with details of erosion and sediment control practices, for the APC subdivision review committee and the county drainage board for over 18 years. 12. The county surveyor is certified as attending six (6) hours continuing education in developing erosion and sediment control plans at the Brown County, September 12, 2003 presentation by IDNR/DSC, and has several documented units of certification at other IDNR/DSC presentations. 13. The current chief deputy county surveyor is a Professional Engineer and Land Surveyor, licensed to practice by the State of Indiana, with over 22 years experience designing, implementing, and managing storm water management plans, land development plans, erosion and sediment control plans, and surface coal mining reclamation plans operating directly under IDEM erosion and sediment control regulations and NPDES permits. 14. The MS4 operator will document annually to IDEM regarding the continuing, accelerated, and steady achievement of applicable education, training, and certification of MS4 personnel responsible for plan review. 11

12 BMP#5: IDEM s Rule 13 Guidance Manual, Section 15, BMP#5: Develop and implement a program to receive, track, and respond to erosion and sediment control complaints. 1. In the proposed ordinance, section 18, public input, subsection B requires that the MS4 operator must implement a tracking process by which public information, whether submitted orally or in writing, is documented and then given to appropriate staff for follow-up, including an adequate investigation when needed to determine appropriate resolution of the concern; and 2. Section 18(C) allows that the MS4 operator may utilize other county agencies applicable resources, and will use standardized documentation to refer submitted public information to other appropriate agencies to accomplish appropriate follow-up. 3. The county engineer (MS4 operator) currently employs an erosion and sediment control technician with over 20 years experience at the county SWCD resolving public complaints specifically regarding erosion and sedimentation problems. 4. Other municipal agencies traditionally route storm water complaints, including those related to erosion and sedimentation, through the county surveyor s office, and the county surveyor has worked with SWCD technicians in the field to resolve erosion and sediment control issues. 5. For the past two (2) years, the county surveyor has used a standard document to receive, document, track, and record field investigations and follow-up on public complaints related to storm water issues routed to the county surveyor s office. 6. The proposed ordinance, section 19, measurable goals requires the MS4 operator to set measurable goals to address the implementation and steadily increasing achievement of public input and response regarding construction activities. 7. The county surveyor employs an individual with an M.S. in business education with 25 years experience as a college instructor of office procedures, record management, and document processing. The county surveyor s office can develop a superior complaint log/response process. 12

13 MEASURABLE GOAL #1: a. Within 30 days of the adoption of the proposed ordinance, the MS4 operator will use standard documents to receive, document, track, record investigation, and follow-up of all erosion and sediment control complaints routed to the county engineer s office; and b. Over the first 4-year reporting period for the program, the MS4 operator annually will refine the standard documents as needed to achieve a steady increase in identifying and determining an appropriate response through field investigation, corrective recommendation, and referral. REPORTING: The MS4 operator will provide IDEM with required hard copy of the complaint log/tracking system. MEASURABLE GOAL #2: a. For the 2004 reporting period, the MS4 operator will develop tentative written policies and procedures for handling erosion and sediment control complaints based upon the existing methods of field investigation and corrective recommendation used by the (former SWCD) erosion and sediment control technician and by the county surveyor s office for responding to erosion and sediment control complaints routed to county personnel. b. Over the first 4-year reporting period for the program, the MS4 operator annually will refine written policies and procedures to achieve appropriate resolution of submitted complaints regarding erosion and sedimentation problems at a steadily increasing percentage of success. REPORTING: The MS4 operator will provide IDEM with required hard copy of the complaint log/tracking system. MEASURABLE GOAL #3: By the end of the first 4-year reporting period for the program, the MS4 operator will establish the formalized policies and procedures found to be most effective to achieve the highest percentage of appropriate response to public complaints regarding erosion and sediment control. REPORTING: The MS4 operator will provide IDEM with a copy of the formalized policies and procedures for the erosion and sediment control complaint tracking system. 13

14 BMP #6: BMP #6: IDEM s Rule 13 Guidance Manual, Section 15: Develop policies and procedures for erosion and sediment control inspections. MEASURABLE GOAL #1: Within thirty (30) days following the effective date of the ordinance for the control of storm water run-off from construction sites, the MS4 operator will develop and implement an ongoing erosion and sediment control inspection program, assigning inspection responsibilities to the county s erosion and sediment control technician and other qualified inspection personnel. 1. The county engineer (MS4 operator) employs an erosion and sediment control technician with a 20-year record of employment at Vanderburgh County SWCD, where under an MOA with IDEM, he was the primary inspector and evaluator of erosion and sediment control plans and systems at major land development sites from 1994 until The county engineer is a Professional Engineer licensed to practice by the State of Indiana and has 12 years experience inspecting street and drainage improvements and final stabilization of major land development projects. 3. The county engineer s erosion and sediment control technician currently inspects construction sites under the authority of the county s erosion and sediment control code, Chapter (referenced herein above). 4. Vanderburgh County s assistant county engineer currently makes inspection visits and corrective recommendations accompanied by the erosion and sediment control technician. 5. The county engineer employs two (2) additional project site inspectors, one with 12 years experience and the other with 10 years experience inspecting street, bridge, culvert, and drainage system construction, including inspection of final stabilization of major land developments. 6. The county engineer has access to use of supplemental personnel in the county surveyor s office with extensive experience inspecting construction of bridges, culverts, open drains, drainage and detention systems, and final stabilization of major land developments. MEASURABLE GOAL #2: Within thirty (30) days following the effective date of the ordinance for the control of storm water run-off from construction sites, the MS4 operator will develop and implement policies and procedures including the use of standard site inspection checklists. 14

15 1. Initially, the MS4 operator will use the same inspection and evaluation forms currently used by SWCD to report the condition of project sites to IDNR/DSC. 2. Additionally, and until November 4, 2004, the MS4 operator will use any standard inspection and evaluation form developed by IDEM or IDNR/DSC for statewide use by SWCD or by designated MS4 entities that have not yet developed an approved form. MEASURABLE GOAL #3: Within thirty (30) days following the effective date of the ordinance for the control of storm water run-off from construction sites, the MS4 operator will develop and implement initial policies and procedures for an ongoing erosion and sediment control inspection program by the county s erosion and sediment control technician and other qualified inspection personnel. 1. For the first year of permit coverage, while the MS4 operator is refining formalized policies and procedures for the inspection program, the MS4 operator will institute an outreach campaign to inform project site owners, construction site operators, and individual lot operators regarding new rules, site inspections, self-monitoring, and enforcement of erosion and sediment control measures. 2. For a major project requiring an approved construction plan, the outreach campaign will include the following site inspection procedures: a. After January 2, 2004, the county surveyor s Web site at will provide IDNR/DSC s Small Site Erosion and Sediment Control Guidance and other erosion and sediment control guidance specific to the local ordinance requirements for construction plan content. b. Except in the case of an emergency or a valid complaint-driven response, at least forty-eight hours before an initial project site inspection, the MS4 operator will notify a project site owner that an inspector will visit the site at a specific day and time. c. The MS4 operator will suggest that the project site owner and the project self-monitoring personnel be present at the initial inspection. d. The MS4 operator will remind the project site operator of the requirement to post the public notice and keep a copy of the construction plan at the project site. 15

16 e. At the appointed time for the initial inspection, the inspector will arrive at the project site and make an introduction, by his or her name and official title, to the project site owner or the designated representatives of the project site owner. f. The inspector will check that the required notices, documents, and construction plans are appropriately posted and available at the project site and will compare documents and construction plans to ensure that everyone is operating from the same construction plans, notices, and documents. g. The inspector will tour the perimeter of the project site to ensure that perimeter silt control measures are installed at locations where silt-laden water is likely to discharge from the site, to evaluate the installation of the perimeter control measures, and to determine the condition of receiving waters, watercourses, drains, inlets, and off-site properties at the initiation of the project. h. The inspector will take photographs or make notes as needed to document the initial condition of the perimeter area, perimeter controls, and the condition of the receiving waters, watercourses, drains, inlets, and off-site properties. The photographs and notes will serve to compare the condition of the same locations as the project progresses. i. The inspector will complete the inspection of the project site s required control measures and management practices including the stable construction entrances, inlet protection, undisturbed vegetated filter strips, buffer areas, designated concrete washout sites, topsoil and material stockpiles, portable sanitary facilities, and other control measures shown in the storm water pollution prevention plan (SWP3) portion of the construction plan. j. After completing the physical inspection of the project site and the evaluation form, the inspector will ask the project site owner or the designated representative of the project site owner to read the evaluation report. k. The inspector will offer to answer any questions regarding the project site evaluation, and will politely and completely answer questions regarding the inspector s procedures, evaluations, notes, and photographs to the extent that the MS4 operator has authorized the inspector to answer such questions. l. The inspector will ask the project site owner or the designated representative of the project site owner to sign the evaluation form, and the inspector will inform the owner or representative that a copy will be mailed or faxed to the project site owner. 16

17 m. The inspector will inform the appropriate person that the next inspection visit will include the requirement for a written selfmonitoring report on the weekly and post-rainfall event condition of the project s control measures. n. The inspector will conclude the inspection with an offer of recommended corrective or preventative measures, available outreach materials, or other assistance available to the project site owner, construction site operator, and self-monitoring personnel. 3. For a large, single-family residential project site not a part of a major project, disturbing less than five acres, and not requiring an approved construction plan, the outreach campaign will include the following site inspection procedures: a. After January 2, 2004, the county surveyor s Web site at will provide IDNR/DSC s Small Site Erosion and Sediment Control Guidance and other erosion and sediment control guidance specific to the local ordinance requirements for large, single family residential projects. b. Except in the case of an emergency or a valid complaint-driven response, at least forty-eight hours before an initial project site inspection, the MS4 operator will notify a project site owner that an inspector will visit the site at a specific day and time. c. The MS4 operator will suggest that the project site owner or a designated representative be present at the initial inspection visit. d. At the appointed time for the initial inspection, the inspector will arrive at the project site and make an introduction, by his or her name and official title, to the project site owner or the designated representatives of the project site owner. e. The inspector will tour the perimeter of the project site to ensure that perimeter silt control measures are installed at locations where silt-laden water is likely to discharge from the site, to evaluate the installation of the perimeter control measures, and to determine the condition of receiving waters, watercourses, drains, inlets, and off-site properties at the initiation of the project. f. The inspector will take photographs or make notes as needed to document the initial condition of the perimeter area, perimeter controls, and the condition of the receiving waters, watercourses, drains, inlets, and off-site properties. The photographs and notes will serve to compare the condition of the same locations as the project progresses. 17

18 g. The inspector will complete the inspection of the project site s control measures and management practices such as stable construction entrances, inlet protection, undisturbed vegetated filter strips, buffer areas, designated concrete washout site, topsoil and material stockpiles, portable sanitary facilities, and other control measures. h. After completing the physical inspection of the project site and the evaluation form, the inspector will ask the project site owner or the designated representative of the project site owner to read the evaluation report. i. The inspector will offer to answer any questions regarding the project site evaluation, and will politely and completely answer questions regarding the inspector s procedures, evaluations, notes, and photographs to the extent that the MS4 operator has authorized the inspector to answer such questions. j. The inspector will ask the project site owner or the designated representative of the project site owner to sign the evaluation form, and inform the owner or representative that a copy will be mailed or faxed to the project site owner. k. The inspector will conclude the inspection with an offer of recommended corrective or preventative measures for the site, available outreach materials or other assistance available to the project site owner or construction site operator. 4. For an individual lot, less than one acre, in a major project requiring an approved construction plan, the outreach campaign will include the following site inspection procedures: a. After January 2, 2004, the county surveyor s Web site at will provide IDNR/DSC s Small Site Erosion and Sediment Control Guidance and other erosion and sediment control guidance specific to the local ordinance requirements for the lot operator s responsibilities to follow the construction plan approved for the larger common plan of development. b. Except in the case of an emergency or a valid complaint-driven response, at least forty-eight hours before an initial project site inspection, the MS4 operator will notify a individual lot operator that an inspector will visit the site at a specific day and time. c. The MS4 operator will suggest that the individual lot operator be present at the initial inspection visit. d. The MS4 operator will remind the individual lot operator the requirement to install erosion and sediment control for an individual lot in accordance with the approved construction plan for the project site. 18

19 e. At the appointed time for the initial inspection, the inspector will arrive at the individual lot and make an introduction, by his or her name and official title, to the individual lot operator. f. The inspector will inspect the individual lot to check for appropriate perimeter control, construction entrances, inlet protection, stockpile and waste management, and a designated concrete washout area. g. The inspector will take photographs or make notes as needed to document the initial condition of the lot perimeter, on-site and nearby inlets, public and private roads, and properties adjacent to the individual lot. The photographs and notes will serve to compare the condition of the same locations as the project progresses. h. The inspector will complete the inspection of the individual lot s required control measures and management practices included in the storm water pollution prevention plan (SWP3) portion of the construction plan. i. After completing the physical inspection of the individual lot and the evaluation form, the inspector will ask the individual lot operator to read the evaluation report. j. The inspector will offer to answer any questions regarding the project site evaluation, and will politely and completely answer questions regarding the inspector s procedures, evaluations, notes, and photographs to the extent that the MS4 operator has authorized the inspector to answer such questions. k. The inspector will ask the individual lot operator to sign the evaluation form, and the inspector will inform the owner or representative that a copy will be mailed or faxed to the lot operator. l. The inspector will conclude the inspection with an offer of recommended corrective or preventative measures, available outreach materials, or other assistance available to the individual lot operator or potential homeowner. 5. The inspector will inform the project site owner, construction site operator, or individual lot operator that a project site is subject to the requirement for additional control measures if and when changing weather conditions, soil conditions, or plan changes at the site require additional control measures to ensure the appropriate control of erosion on or sedimentation from a construction site. 6. Inspection visits subsequent to the initial visit described herein above will be conducted in accordance with applicable policies and procedures enumerated in Chapter 15 of the proposed ordinance, and in accordance with other applicable local drainage codes and erosion control codes. 19

20 MEASURABLE GOAL #4: By November 4, 2004, the MS4 operator will develop and implement the use of an inspection procedure and an evaluation form for each class of project site. The inspection procedures and evaluation forms will address specific issues and categories that are applicable to the code requirements for each class of project site. REPORTING: The MS4 operator will provide IDEM, as requested and required, with a copy of policies, procedures, and checklists used by the MS4 operator for the erosion and sediment control inspection program. BMP #7: IDEM s Rule 13 Guidance Manual, Section 15, BMP #7: Develop policies and procedures for enforcement of erosion and sediment control requirements. MEASURABLE GOAL #1: The MS4 operator will develop initial policies and procedures for the enforcement of erosion and sediment control requirements within thirty (30) days of the effective date of the ordinance to control storm water run-off from construction sites. The initial policies and procedures will reflect the corrective recommendation and enforcement requirements of the local ordinance and incorporate the outreach campaign described herein above. MEASURABLE GOAL #2: The MS4 operator will develop formalized policies and procedures for enforcement of erosion and sediment control requirements by November 4, 2004, based upon the most effective methods and procedures developed during the 2004 initial outreach campaign. REPORTING: The MS4 operator will provide IDEM, as requested and required, with a copy of all initial and formalized policies and procedures of the enforcement program. BMP #8: IDEM s Rule 13 Guidance Manual, Section 15, BMP #8: Train MS4 entity inspectors and plan reviewers. REPORTING: IDEM and IDNR/DSC staff may refer to BMP #4, Measurable Goal #3, and BMP #6, Measurable Goal #1 herein above to evaluate the existing level of Vanderburgh County personnel training and expertise with regard to local construction program staff qualifications. 20

21 MEASURABLE GOAL #1: From the implementation of the local program with the adoption of the local ordinance, all MS4 staff assigned at an administrative or supervisory capacity as MS4 operators, construction plan reviewers, or project site inspectors must be, at a minimum, trained individuals in accordance with the definition given by 327 IAC Section 17 (A) of the proposed ordinance says, The MS4 operator and all personnel responsible for plan review, inspection, and enforcement of construction activities must be, at a minimum, trained individuals as defined by this chapter, and must receive, at a minimum, annual training addressing topics including, at a minimum, appropriate control measures, inspection protocol, and enforcement procedures. MEASURABLE GOAL #2: In 2004 and in each subsequent year of the local program, each MS4 staff person assigned to review construction plans, to inspect project sites, or to supervise or administrate the review of construction plans and inspection of project sites will attend, at a minimum, one IDNR/DSC sponsored, presented, or endorsed training session on erosion and sediment control. MEASURABLE GOAL #3: In 2004 and in each subsequent year of the local program, each MS4 staff person assigned a clerical duty associated with the construction program will receive, at a minimum, adequate in-house training in erosion and sediment control to be able to understand, receive, document, report, route, and assign for follow-up any inquiries, concerns, complaints, reports, or documents associated with the program. MEASURABLE GOAL #4: When IDEM or IDNR/DSC establishes a program of certification for a Certified Professional in Erosion and Sediment Control, the MS4 operator will ensure that sufficient staff obtain such certification to provide appropriate professional management of the local program. 1. Section 17(B) of the proposed ordinance says, The County Commissioners and the MS4 operator will establish an element of the construction site runoff control program that ensures each technician who reviews plans, inspects project sites, exercises enforcement procedures, or presents or instructs an element of the program does complete adequate, appropriate coursework annually, and progresses toward certification as a trained individual, and eventually as a state-certified technician in technologies relevant to storm water management and MS4 program assignments. 21

22 2. Section 17(C) of the proposed ordinance says, The educational element of the MS4 operator s construction site runoff control program will require, at a minimum, that each technician attend the following programs provided by Indiana Department of Natural Resources: (1) IDNR/DSC s existing and expanded outreach and education program of specific training for local technicians to achieve adequacy in plan review and permitting process procedures, and project site implementation of erosion and sediment control measures. (2) IDNR/DSC s comprehensive erosion and sediment control courses established and available for in-house staff training. REPORTING: 1. The county engineer is a Professional Engineer registered to practice by the State of Indiana, and a Project Wet facilitator. 2. The county engineer s design engineer is a Professional Engineer registered to practice by the State of Indiana, and a Project Wet facilitator. 3. The county engineer s erosion and sediment control technician is a Certified Professional in Erosion and Sediment Control, certified by the Soil and Water Conservation Society and the International Erosion Control Association. 4. The chief deputy county surveyor is a Professional Engineer and Land Surveyor registered to practice by the State of Indiana. 5. The county surveyor employs three (3) Project Wet facilitators. 6. The county surveyor employs two (2) Hoosier Riverwatch certified volunteer stream monitors. 7. The county engineer, the county surveyor, the county engineer s design engineer, and one of the county surveyor s Project Wet facilitators received continuing education units at the 2003 Storm Water Management Conference and at the 2003 Purdue Road School. 8. The county surveyor received six (6) hours certified continuing education at the Indiana Society of Professional Land Surveyor s Erosion and Sediment Control Seminar, September 12, 2003, Nashville, Indiana. REPORTING: The MS4 operator will retain documentation that all inspectors have received appropriate training to maintain their technical expertise or that they are maintaining Certified Erosion and Sediment Control certifications. REPORTING: The MS4 operator will report to IDEM, as requested and required, certifying that all MS4 personnel have received appropriate training and certification necessary to manage the local construction site program. 22