(A) The project site owner of a major project site requiring a construction plan must initiate, manage, and complete construction activities, or must otherwise cause the initiation, managements, and completion of construction activities at the project site in accordance with the requirements and provisions of this section.
(B) The project site owner of a major project site must implement and manage, or must otherwise cause the implementation and management of the project site's storm water quality.
(C) For every project site regulated under this subchapter, the project site owner, individual project site operator, individual lot owner, contractor, subcontractor, homeowner, and resident of a regulated project site must initiate, manage, and complete, or cause the initiation, management, and completion of construction activities at a project site in accordance, at a minimum, with the following requirements and provisions of this section that are applicable to the project site according to this subchapter:
(1) Sediment-laden water which otherwise would flow from the project site must be managed with sediment control measures appropriate to minimize sedimentation to receiving waters and adjacent properties.
(2) Natural features, including wetlands and sinkholes (karst features), must be protected with appropriate storm water management and/or treatment measures to address pollutant discharges associated with storm water runoff.
(3) Soil compaction is to be minimized, especially in areas where permanent vegetation will be re-established and/or areas that are designated to infiltrate storm water for the post-construction phase.
(4) Topsoil must be preserved, unless infeasible.
(5) Existing natural buffers that are adjacent to waters of the state must be preserved to promote infiltration and provide protection of the water resource, unless infeasible. Activities performed by a county drainage board under I.C. 36-9-27 are excluded.
(a) Natural buffers must be preserved, including the entire buffer bordering and/or surrounding the water resource. Existing buffers:
1. Fifty feet or more in width must be preserved to a minimum of 50 feet.
2. Less than 50 feet in width must be preserved in their entirety.
3. May be enhanced with vegetation that is native and promotes ecological improvement and sustainability.
(b) Runoff directed to the natural buffer must be:
1. Treated with appropriate erosion and sediment control measures prior to discharging to the buffer; and
2. Managed with appropriate runoff control measures to prevent erosion from occurring within the buffer area.
(D) The selection, design, and implementation of all storm water quality and management measures must at a minimum take into consideration the following:
(1) Sound engineering, agronomic, and scientific principles;
(2) Applicable standards as specified in the technical manuals referenced in § 53.045 and the product guidance/specifications of the manufacturer;
(3) Appropriate measures must be planned, designed, and installed as part of an erosion and sediment control system;
(4) Storm water runoff leaving the project site must be discharged in a manner that is consistent with applicable local, state, or federal law;
(5) Collected runoff leaving the project site must be either discharged directly into a well-defined, stable receiving conveyance or diffused and released without causing erosion at the point of discharge;
(6) Conveyance systems must be designed taking into consideration both peak flow and total volume and must be adequately protected so that their final gradients and resultant velocities are unlikely to cause erosion at the outlet or in the receiving channel, based on known conditions of the discharge at the time of design to accommodate post-construction conditions;
(7) Sediment basins, where feasible, must withdraw water from the surface of the water column unless equivalent sediment reduction can be achieved by use of alternative measures. Alternative measures include but are not limited to increasing the basin length to width ratio to 4:1 or greater, implementation of porous baffles, use of flocculants/polymers, and/or phasing of project land disturbance that also incorporates a rapid stabilization program. During freezing conditions, the implementation of alternative withdrawal methods may be utilized;
(8) Where applicable, storm water runoff and project site discharges must be directed to an established vegetated area to increase pollutant removal and maximize storm water infiltration; and
(9) Post-construction storm water management measures must be implemented to manage the discharge of storm water runoff to address quality and quantity. Measures must be designed and engineered in accordance with the following standards and at a minimum:
(a) The runoff rate of storm water runoff and/or volume from the project site must not exceed the pre-development discharge based on the 2-year, 10-year, and 100-year peak storm events;
(b) Runoff from the project site must be managed to minimize pollutants that are expected to be associated with storm water runoff from the final land use. To achieve pollutant minimization goals, measures must be selected must be selected based on correct sizing to address the water quality volume (WQv) or water quality flow rate (WQf) to ensure compliance with 327 I.A.C. 2-1-6(a)(1)(A-D), 327 I.A.C. 2-1.5-8(a) and 327 I.A.C. 2-1.5-8(b)(1)(A-D);
(c) Utilize 1 or more post-construction measures working in tandem or series to treat storm water runoff and increase the overall efficiency of individual and specialized measures; and
(d) In combination with proper post-construction measure selection, design and development strategies may be selected and incorporated into the plan to minimize the discharge pollutants. These strategies may include, but are not limited to:
1. Low impact development (LID) and green infrastructure; and
2. Infiltration measures. When selected, infiltration measures must take into consideration the pollutants associated with runoff and the potential to contaminate ground water resources. When there is a potential for contamination, choose alternative measures or measures that pre-treat runoff to eliminate or reduce the pollutants of concern.
(E) For every project site regulated under this chapter, the project site owner, individual project site operator, individual lot owner, contractor, subcontractor, homeowner, and resident of a regulated project site must initiate, manage, and complete, or cause the initiation, management, and completion of construction activities at a project site in accordance, at a minimum, with the following requirements and provisions of this section that are applicable to the project site according to this chapter:
(1) Public roadways and roadways not exclusive to construction traffic must be kept cleared of accumulated sediment that is a result of runoff or tracking. The following minimum conditions are applicable:
(a) Clearing of sediment must not include the utilization of mechanical methods that will result in mobilization of dust off the project site or flushing the area with water unless the flushed water is directed to an appropriate sediment control measure.
(b) Cleared sediment must be redistributed or disposed of in a manner that is in accordance with all applicable statutes and regulations.
(c) Sediment discharged or tracked onto roadways that are open to traffic must be removed as directed by a regulatory authority or at a minimum, removed by the end of the same day.
(2) Phasing of construction activities must be used, when feasible, to minimize the footprint of disturbed unstable areas.
(3) Minimize the generation of dust through dust suppression techniques to prevent deposition into waters of the state and areas located beyond the permitted boundaries of the site.
(4) Stable construction site access measures must be provided at all points of construction traffic ingress and egress to the project site. Where the selected measure is not effective, an alternative measure or additional controls must be utilized to minimize tracking. Alternative measures may include, but are not limited to, wheel wash systems and rumble strips.
(5) During the period of construction activities, all storm water management measures necessary to meet the requirements of this permit must be maintained. Alternative measures must be selected and implemented, as necessary.
(6) Discharge water from dewatering of ground water from excavations, trenches, foundations, and the like must not be discharged when:
(7) Sediment-laden water is not first directed to an appropriate sediment control measure or a series of control measures that minimizes the discharge of the sediment.
(8) A visible sheen and/or pollutants are present at a level that requires additional treatment and/or an alternate permit.
(9) Appropriate measures must be implemented to eliminate wastes or unused building materials including, but not limited to, garbage, debris, cleaning wastes, wastewater, concrete or cementitious washout water, mortar/masonry products, soil stabilizers, lime stabilization materials, and other substances from being carried from a project site by runoff or wind. Waste and unused building materials must be managed and disposed of in accordance with all applicable statutes and regulations.
(10) Construction and domestic waste must be managed to prevent the discharge of pollutants and windblown debris. Surplus plastic or hardened concrete/cementitious materials are not required to be placed in trash receptacles and are considered clean fill that may reused, disposed of on-site, or recycled in accordance with applicable state and federal regulations. Management of waste materials may include, but are not limited to:
(a) Waste containers (trash receptacles), when selected to manage waste, must be managed to reduce the discharge of pollutants and blowing of debris. Receptacles that are not appropriately managed will require alternatives that include but are not limited to:
1. A cover (e.g., lid, tarp, plastic sheeting, temporary roof) to minimize exposure of wastes to precipitation; or
2. A similarly effective method designed to minimize the discharge of pollutants.
(b) Waste that is not disposed of in trash receptacles must be protected from exposure to the weather and/or removed at the end of the day from the site and disposed of properly.
(11) Concrete or cementitious washout areas, where washout is permissible, must be identified for the site and the locations clearly posted. Wash water must be directed into leak-proof containers or leak-proof containment areas which are located and designed to divert runoff away from the measure and sized to prevent the discharge and/or overflow of the wash water.
(12) Fertilizer applications associated with the stabilization plan for the project must meet the following requirements:
(a) Apply fertilizer at a rate and amount as determined by a soil analysis or in accordance with the Indiana Storm Water Quality Manual or similar guidance documents;
(b) Apply fertilizer at an appropriate time of year for the project location, taking into consideration proximity to a waterbody, and preferably timed to coincide with the period of maximum vegetative uptake and growth; and
(c) Avoid applying fertilizer immediately prior to precipitation events that are anticipated to result in storm water runoff from the application area.
(13) Proper storage and handling of materials, such as fuels or hazardous wastes, and spill prevention and clean-up measures must be implemented to minimize the potential for pollutants to contaminate surface or ground water or degrade soil quality. To meet this requirement:
(a) Proper project management and the utilization of appropriate measures including, but not limited to, eliminating a source or the exposure of materials must be completed; and
(b) Manage the following activities:
1. Fueling and maintenance of equipment;
2. Washing of equipment and vehicles;
3. Storage, handling, and disposal of construction materials, products, and wastes;
4. Application of pesticides, herbicides, insecticides, and fertilizers;
5. Dispensing and utilization of diesel fuel, oil, hydraulic fluids, other petroleum products, and other chemicals;
6. Handling and disposal of hazardous wastes, including, but not limited to paints, solvents, petroleum-based products, wood preservatives, additives, curing compounds, and acids; and
7. Washing of applicators and containers used for paint, grout, or other materials.
(14) Personnel associated with the project must be informed of the terms and conditions of this permit and the requirements within the SWPPP. The permittee is required to document this process. Information must be provided through written notification, contracts, or other means (i.e., pre-construction meetings) that effectively communicates the provisions and requirements of the permit and SWPPP. Personnel may include, but are not limited to:
(a) General contractors, construction management firms, grading or excavating contractors, and trade industry representatives (i.e., concrete industry) associated with the overall project;
(b) Contractors or individual lot operators that have primary oversight on individual building lots;
(c) Those responsible for the implementation of the SWPPP, and the installation, repair, and maintenance of storm water measures;
(d) Those responsible for the application and storage of treatment chemicals; and
(e) Those responsible for administering the self-monitoring program (SMP).
(15) (a) A notice must be posted near the main entrance of the project site or at a publicly accessible location. For linear project sites, such as a pipeline or highway, the notice must be placed in a publicly accessible location near the project field office.
(b) The notice must be maintained in a legible condition and include:
1. A copy of the completed NOI or permit summary/notice of sufficiency form;
2. The NPDES permit number(s), upon receipt; and
3. The location of the construction plan/SWPPP if the project site does not have an on-site location to store the plan.
(16) Un-vegetated areas that are left idle or scheduled to be left inactive must be temporarily or permanently stabilized with measures appropriate for the season to minimize erosion potential. To meet this requirement, the following apply:
(a) Stabilization must be initiated by the end of the seventh day the area is left idle. The stabilization activity must be completed within 14 days after initiation. Initiation of stabilization includes, but is not limited to, the seeding and/or planting of the exposed area and applying mulch or other temporary surface stabilization methods where appropriate. Areas that are not accessible due to an unexpected and disruptive event that prevents construction activities are not considered idle.
(b) Areas that have been compacted may be excluded from the stabilization requirement when the areas are intended to be impervious surfaces associated with the final land use, provided runoff from the area is directed to appropriate sediment control measures.
(17) Final stabilization of a project site is achieved when all land-disturbing activities have been completed and a uniform (evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% has been established on all unpaved disturbed areas, and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed. This requirement does not apply to:
(a) Landscaping that is part of the final project plan. This is considered stable when the plan has been fully implemented and areas not being vegetated are stable with a non-erosive material and/or product.
(b) Projects or specific storm water measures that utilize native vegetation and/or special vegetative plantings that are either required by a water quality permit/authorization or part of the design and functionality of a storm water measure, provided the activity does not pose a threat that will result in off-site sedimentation.
(c) Projects on land used for agricultural purposes when:
1. Stabilization is completed in accordance with the requirements of this chapter as land-disturbance progresses. Land that is returned to agricultural production must be temporarily or permanently seeded upon completing land-disturbing activities. Stabilization requirements may be waived by the inspecting authority if the project site does not pose a threat of discharging sediment.
2. Disturbed areas not previously used for agricultural production, such as filter strips, must be returned to their pre-land disturbance use.
(d) Specific projects, due to function and/or operation may necessitate that an area remain disturbed. Only the minimum operational area is allowed to remain disturbed. This option primarily applies to off-road recreational commercial operations but may apply to other land use types upon determination by the regulating entity.
(18) The use of anionic polymers (cationic polymers are not authorized for use) on the project site are authorized for sediment control provided their use is in conformance with current State of Indiana standards and specifications and the use is identified in the SWPPP. If use of a polymer is not in the SWPPP and is selected at a later date, notification to IDEM or the MS4 regulating the project is required. An email notification prior to the use of the polymer to the IDEM Storm Water Program is acceptable. For projects regulated by a MS4, notification must follow the local process for the use of polymers.
(19) Restoration and/or clean-up may be required for those areas impacted by sediment or other pollutant discharges. These activities will be performed as directed by the inspecting authority and may require:
(a) Development and submittal of a removal and restoration plan to ensure the methodology chosen will not result in further degradation of the resource;
(b) Permission by a property owner when the restoration activity requires access to a property owned by another entity or individual; and
(c) Additional permits prior to initiation of the work.
(F) For every project site regulated under this chapter, the project site owner must monitor and manage project construction and storm water activities through administration of a self-monitoring program (SMP) that includes:
(1) A written evaluation of the entire project site, with the exception of those areas that are considered unsafe. The evaluation must be performed by a trained individual and completed:
(a) Twenty-four hours prior to a qualifying precipitation event or by the end of the next business day following each measurable storm event (excludes accumulated snow events); which is defined as a precipitation accumulation equal to, or greater than, ½ inch of rainfall within a 24 hour period. If no rain event occurs within the work week, a minimum of 1 inspection must occur. In the event of multiple qualifying events during the work week, no more than 3 inspections would be required to meet the self-monitoring commitment.
(b) At a minimum of 1 time per month for specific areas within the project which are stabilized with permanent vegetative cover at 70% density and/or erosion resistant armoring is installed. A reduction to once per month is also applicable for the entire project site for stabilized common areas, basins, conveyances, outfalls, and inactive building sites. Prior to reducing the monitoring to monthly, records must identify the area and the date the area became eligible for monthly monitoring. Weekly monitoring as identified in (a) above must resume if 1 or more of the following occurs:
1. The vegetative cover fails or there is evidence of erosion in the identified area; and/or
2. The City Engineer or Storm Water Coordinator requires monitoring to resume;
(2) A complete written evaluation report which must include:
(a) Name of the individual performing the evaluation, including printed name, title, and signature (electronic signatures are acceptable);
(b) Date of the evaluation;
(c) Amount of precipitation, when the evaluation is conducted after a measurable storm event. Recorded rainfall may be documented utilizing an on-site rain gauge or storm event information from a weather station that is representative of the project location;
(d) Observations of project performance in relation to:
1. Implementation of the storm water pollution prevention plan;
2. An assessment of existing storm water measures based on industry standards to ensure each measure is operational and functioning properly;
3. Additional measures necessary in the event an existing measure fails or is not present in the landscape;
4. Impacts including, but not limited to, sediment discharges, erosion, discharges that results in bank erosion, and operational activities that have the potential to generate pollutants and unauthorized discharges; and
5. Status of areas that have been permanently stabilized.
(e) Documentation of an actual discharge that is visible during the assessment, the location of the discharge and a visual description of the discharge. The visual description includes, but is not limited to, color (turbidity reading is an option), odor, floatables, settled/suspended solids, foam, oil sheen, and any other visible sign that may be attributed to operations occurring on the project site;
(f) Detail of corrective action recommended and/or completed. Corrective action includes, but is not limited to:
1. Repairing, modifying, or replacing any storm water management measure;
2. Clean-up and proper disposal of spills, releases, or other deposits;
3. Remedying a permit violation;
4. Taking reasonable steps to remediate, minimize or prevent the discharge of pollutants associated with the construction activity until a permanent corrective solution is initiated; and
5. Restoring an impacted area and/or removing accumulated sediment, provided appropriate permission and permits are obtained to conduct the activity;
(g) A timeline for which the corrective action will occur to remediate the discharge of pollutants. The established corrective action, at a minimum, must be initiated:
1. On the day the deficiency was discovered or when it is not practical to initiate on the discovery date, no later than 48 hours for the repair of a measure or installation of a temporary measure until a new and/or replacement measure is installed as specified in division 2. below.
2. Within 7 days of discovery for the installation of a new (alternative) measure or replacement of an existing measure, unless a shorter timeframe is required as part of a regulatory inspection. The inspecting authority may also allow additional time to take corrective action.
3. If corrective action cannot be achieved within the timelines outlined in 1. or 2. above, a reason for incompletion must be provided and documented, including the anticipated completion date;
(h) Documentation of corrective action taken from the previous self-monitoring report; and
(3) Maintaining the SMP reports at the site or at an easily accessible location.
(G) For every project site regulated under this chapter, the project site owner must maintain a project management log that contains:
(1) Information related to all off-site borrow sites, disposal areas, and staging areas that are off-site including, the location of each activity;
(2) Information related to all project activities including, but not limited to:
(a) SMP reports;
(b) Regulatory inspections;
(c) Responses to a compliance action or enforcement action; and
(d) Records showing the dates of all SWPPP modifications. The records must include the name of the person authorizing each change and a summary of all changes; and
(3) Ensure the SWPPP and supporting documentation associated with the SMP and project management log are accessible at the project site office or in the possession of on-site individuals with responsibility for the overall project management or associated with the management and operations of construction activities. This information must be provided to the Town of Chandler Engineer or Storm Water Department’s Manager within 48 hours of a request.
(Ord. 2006-6, passed - -; Am. Ord. 2008-10, passed 11-17-2008; Am. Ord. 2024-15, passed 6-17-2024)