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Bartholomew County, IN Environmental Rules: Stormwater Management (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing chapter
Ch. 53 Storm Water; Illicit Discharges
Core prohibition
§ 53.06(A) no non-stormwater discharge to MS4
Owner duty
§ 53.06(C) keep watercourses clear of debris
Civil penalty
Up to $1,000 per day (§ 53.99(A))
Criminal penalty
$500 per violation per day (§ 53.99(B))
Notice period
10 days to remedy before penalty accrues
Permit basis
IDEM NPDES MS4 General Permit

Summary

Unincorporated Bartholomew County bans discharging anything but stormwater into its municipal separate storm sewer system, from paint and motor oil to yard waste and sewage, under a chapter written to meet the county's IDEM-issued NPDES MS4 permit. Property owners along watercourses must also keep them clear of trash and erosion hazards. Violators face civil fines up to $1,000 a day plus separate criminal penalties.

These county ordinances apply to unincorporated areas of Bartholomew County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 53.06 DISCHARGE PROHIBITIONS; EXEMPTIONS AND REQUIREMENTS. ... (A) Prohibitions. (1) No person shall discharge or cause to be discharged into the (MS4) waterbodies or watercourses, directly or indirectly, any materials, including, but not limited to, pollutants or water containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. ... § 53.99 PENALTY. (A) Civil penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to secure the violations described therein within ten days, or a greater period as the county shall deem appropriate, after the county has taken one or more of the actions described in this chapter, the county may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after the receipt of the notice of violation. (B) Criminal penalties; enforcement costs. Any person who violates any provision of this chapter shall be liable to criminal prosecution to the fullest extent of the law and shall be subject to a criminal penalty of $500 per violation per day.

Full Breakdown

03. 06(A)(1) bars discharging or causing to be discharged into MS4 waterbodies or watercourses any pollutant-bearing materials other than stormwater, listing examples that include paints, solvents, automotive fluids, yard waste, pesticides, sewage and construction residues. 06(A) separately bans illicit connections to the MS4 (including past connections regardless of whether they were once permitted), dumping liquids or solids where rain could carry them into the system, sewage hookups to storm drains, and interfering with best management practices. 06(B) exempts routine, uncontaminated flows such as water-line flushing, irrigation, foundation drains, residential car washing and dechlorinated pool discharges when properly managed, and lets the county's authorized enforcement agency approve additional non-stormwater discharges in writing.

06(C) puts an ongoing maintenance duty on property owners along watercourses: they must keep the watercourse on their land free of trash, debris and obstacles, avoid stripping healthy bank vegetation, and take preventive measures against erosion. Administration falls to Bartholomew County, whose Commissioners may delegate enforcement in writing to county employees or designees. The chapter traces its authority to Ord. 2008-08 as amended by Ord. §§ 1251 et seq.

Violations & Fines

Section 53.99 lets the county impose civil penalties up to $1,000 per day, scaled to severity, for each day a violation goes unremedied more than ten days after a notice of violation. Separately, any violator is subject to criminal prosecution carrying a $500-per-violation, per-day penalty, plus the county's attorneys' fees and enforcement costs. The county can also seek injunctive relief, impose compensatory measures like storm drain stenciling or creek cleanup in lieu of fines, and treat any violation as a public nuisance subject to summary abatement; all remedies are cumulative.

Frequently Asked Questions

Can I wash paint or motor oil into a storm drain in unincorporated Bartholomew County?
No. Section 53.06(A)(1) prohibits discharging or causing to be discharged into the county's MS4 waterbodies or watercourses any pollutant-bearing material other than stormwater, and the ordinance specifically lists paints, varnishes, solvents, and automotive fluids among the banned pollutants.
Am I responsible for the creek that runs through my property?
Yes. Section 53.06(C)(1) requires the property owner (or lessee) to keep the part of the watercourse within their land free of trash, debris and obstacles, avoid removing healthy bank vegetation beyond what maintenance requires, and take preventive measures against erosion.
What can happen if I don't fix a stormwater violation?
Under § 53.99, the county can impose a civil penalty of up to $1,000 per day for each day the violation remains unremedied more than ten days after notice, and can separately pursue criminal prosecution carrying a $500-per-violation, per-day penalty plus recovery of enforcement costs.
Is any non-stormwater discharge allowed?
Yes, § 53.06(B) exempts routine flows like water-line and hydrant flushing, irrigation water, uncontaminated foundation and crawl space drains, fire suppression activity, and residential car washing, as long as they are properly managed and not contaminated with pollutants.

Sources & Official References

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