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Allen County approves $6,500 on-call contract for MS4 stormwater support

5520758 · January 31, 2025
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Summary

The Allen County Board of Commissioners approved a one-year on-call contract with BERC Consulting to support the county's MS4 (Municipal Separate Storm Sewer System) program, covering permit compliance, annual reporting and technical assistance required under IDEM and federal NPDES phase 2 rules.

The Allen County Board of Commissioners approved a one-year on-call contract with BERC Consulting to provide NPDES MS4 (Municipal Separate Storm Sewer System) water-quality program assistance, county staff told the commission.

County staff described the federal NPDES program's Phase 2 designation — which brought Allen County under MS4 permit requirements after the 2000 U.S. Census urbanized-area mapping — and the Indiana Department of Environmental Management's (IDEM) rule updates. The presenter said IDEM codified Phase 2 requirements in Rule 13 (effective Aug. 6, 2003) and later issued a municipal stormwater general permit and construction general permit in December 2021; those changes required MS4 entities to update ordinances, technical standards, standard operating procedures, stormwater quality management plans and related forms.

The presenter, identified in the record as a representative of the Allen County Surveyor's Office, told commissioners the on-call contract will provide ongoing support for required program elements including oversight and implementation of MS4 activities, annual report tracking and submission to IDEM, updates to forms (for example, post-construction assessment forms), preparation for upcoming construction and post-construction audits, help implementing the six minimum control measures (public education, public participation, illicit discharge detection and elimination, construction site runoff control, post-construction runoff control and pollution prevention), and training and ad hoc technical assistance. The presenter said IDEM is expected to update the permit again in 2026 and that counties may face a tiered approach with differing requirements for counties versus municipalities.

Commissioner Beck asked how septic-system issues fit into the MS4 program. The presenter said septic-related discharges that reach surface waters would be treated as illicit discharges: the county documents the outfall, refers the matter to the Board of Health for remediation, and if the Board of Health cannot resolve the problem, the county can pursue enforcement under its ordinance (warning, notice of violation, fines, stopping drainage paths or stop-work orders on construction sites).

Commissioners asked about partnerships for public education; the presenter said the county convenes an Allen County Partnership for Water Quality steering committee that invites the extension service, soil and water, the Board of Health and others, and noted the county employs a part-time educator who produces an annual report and educational pamphlets.

The contract term is one year and the cost is $6,500. A commissioner moved to approve the on-call contract with BERC Consulting; the motion was seconded and the board voted in favor. The motion carried.

The presenter said the county has already completed many required updates but still has outstanding items to align with IDEM's permit; staff emphasized the contract is intended as on-call technical assistance as IDEM and EPA continue to refine permit requirements.