§ 53.004 APPLICABILITY.
   (A)   Requirements apply. The requirements under this chapter apply to all persons who do not obtain an individual NPDES permit under 327 I.A.C. 15-2-6, meet the general permit rule applicability requirements under 327 I.A.C. 15-2-3, and are involved in construction activity, except operations that result in the land disturbance of less than 1 acre of total land area as determined under § 53.003 of this chapter, and are not part of a larger common plan of development or sale.
   (B)   Requirements do not apply. The requirements under this chapter do not apply to persons who are involved in agricultural land disturbing activities, or forest harvesting activities.
   (C)   Agricultural conservation practices. Practices that are constructed on agricultural land for the purposes of controlling soil erosion and sedimentation, including grass waterways, sediment basins, terraces, and grade stabilization structures. ACPs must be planned, installed, and managed in accordance with applicable guidance and specifications from the United States Department of Agriculture (USDA), Natural Resource Conservation Service (NRCS), Purdue University Agricultural Extension Program, or comparable Indiana governmental sources.
   (D)   Requirements. The requirements under this chapter do not apply to the following activities, provided other applicable permits contain provisions requiring immediate implementation of soil erosion control measures:
      (1)   329 I.A.C. 10, landfills issued a certificate of closure, or municipal solid waste landfills accepting waste pursuant to a permit issued by the Indiana Department of Environmental Management containing equivalent storm water requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary; and
      (2)   I.C. 14-34 permitted coal mining activities.
   (E)   General jurisdictional boundary.
      (1)   The regulations of this chapter apply to all construction sites and construction activities on all lands within the jurisdictional boundaries of the Town of Chandler MS4 District unless exempted from this chapter.
      (2)   The regulations of this chapter may be expanded into another municipal jurisdiction, or MS4 area, upon the execution of a legally binding agreement between the Town of Chandler, Indiana, and another municipal executive authority, legislative authority, or designated MS4 entity.
(Ord. 2006-6, passed - -; Am. Ord. 2008-10, passed 11-17-2008)