Dearborn County outlines MS4 stormwater work plan, submits first annual report and readies for May audit; HB 1037 flagged as potential change

Sandy Whitehead, the county’s MS4 (municipal separate storm sewer system) coordinator, briefed the commissioners on the county’s progress implementing its MS4 stormwater permit requirements and on coordination with neighboring municipalities.

Whitehead told the board she submitted the county’s first annual MS4 report on March 26 and said the Indiana Department of Environmental Management (IDEM) received it and found no deficiencies. She said the county held a “qualified professional inspector” training in February with 35 attendees (jointly with Greendale and Lawrenceburg) and has been meeting with internal departments—highway, planning and zoning, building, and emergency management—to document existing procedures (for example, emergency spill response and septic/sewer procedures) required under the permit.

Whitehead said she is coordinating with municipal partners (Aurora, Greendale, Lawrenceburg) and consultants (OHM) to keep permit plans consistent across jurisdictions. She said an interlocal agreement amendment is being discussed to have Aurora’s MS4 permitting handled through the county’s existing interlocal arrangements for planning and building permits; the idea is to initially use the same fee-handling mechanism the county uses for building permits so Aurora’s permitting can be trialed and evaluated.

Whitehead also informed the board that IDEM’s MS4 coordinator, Stacy Goodwin, will perform the county’s first MS4 audit on May 14. She recommended continued coordination among municipal staffs, the county’s consultant and county departments and noted that some items remain a work in progress. Whitehead flagged a legislative item—House Bill 1037—which she said had passed the Indiana House and moved to the Senate’s Environmental Affairs Committee; she said HB 1037, as it was described at the hearing, could limit local governments’ ability to set stormwater standards that are more stringent than the state standard and said the change could require the county to revise elements of its MS4 ordinance if the bill becomes law.

Why it matters

MS4 permits require ongoing public education, illicit-discharge detection, construction-phase controls and municipal operations plans. The county’s work to document procedures and to coordinate with municipalities and consultants sets the baseline for meeting those obligations, and the May audit will assess compliance. The potential state change in House Bill 1037 could reduce local discretion on stormwater thresholds—Whitehead said the county’s current commercial disturbance threshold is more stringent than the state’s and could need revision if the state preempts local standards.

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“It’s been a very exciting challenge for me. I do really enjoy my job,” Whitehead said, describing the first year of program implementation.

Next steps

- County staff will host a conference call with Aurora to discuss amending the existing interlocal agreement to add MS4 permitting responsibilities and will monitor HB 1037’s progress in the legislature.

- IDEM will conduct the county’s first MS4 audit on May 14; staff will be prepared to show the annual report and documentation of the minimum control measures.