(A) The Department will require a storm water pollution prevention plan (SWPPP), which includes erosion and sediment control measures and materials handling procedures, to be submitted as part of a project's construction plans and specifications. Any project located within the corporate boundaries of the City of Decatur that includes clearing, grading, excavation or other land disturbing activities resulting in the disturbance of 10,000 square feet or more of total land area is subject to the requirements of this subchapter. This includes both new development and re-development. This subchapter also applies to disturbances of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb 10,000 square feet or more of total land area. § 52.307 provides guidelines for calculating land disturbance. Projects meeting the coverage requirements of IDEM's CSGP shall also be in compliance with the requirements contained in that permit.
(B) The requirements under this subchapter do not apply to the following activities, provided other applicable state permits contain provisions requiring immediate implementation of soil erosion and sediment control measures:
(1) Landfills that have been issued a certification of closure under 329 I.A.C. 10;
(2) Coal mining activities permitted under I.C. 14-34; and
(3) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the Indiana Department of Environmental Management under 329 I.A.C. 10 that contains 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.
(C) For an individual lot where land disturbance is expected to be one acre or more, the individual lot owner must complete their own notice of intent letter, apply for a storm water permit from the Department, and ensure that a sufficient construction and storm water pollution prevention plan is completed and submitted in accordance with § 52.509, regardless of whether the individual lot is part of a larger permitted project site. For an individual lot where land disturbance is 10,000 square feet or more but less than one acre, an individual lot plot plan permit application is required prior to receiving a building permit. Details of the permitting process are contained in § 52.509.
(D) An individual lot located within a larger permitted project site is considered part of the larger permitted project site, and the individual lot operator must comply with the terms and conditions of the storm water permit approved for the larger project site. The storm water permit application for the larger project site must include detailed erosion and sediment control measures for individual lots. In addition, the builders of these individual lots are required to submit an individual lot plot plan permit application along with a SWPPP for that individual lot prior to receiving a building permit. Details of the permitting process for individual lots and parcels are contained in § 52.509 and additional requirements for individual lots may be found in the City of Decatur Storm Water Technical Standards Manual.
(E) It will be the responsibility of the project site owner to complete a storm water permit application and ensure that a sufficient construction plan is completed and submitted to the Department in accordance with §§ 52.500 through 52.515. It will be the responsibility of the project site owner to ensure compliance with this chapter during the construction activity and implementation of the construction plan, and to notify the Department upon completion of the project and stabilization of the site, requesting a termination inspection to be performed by the Department. However, all persons engaging in construction and land disturbing activities on a permitted project site meeting the applicability requirements must comply with the requirements of this chapter.
(Ord. 2023-11, passed 8-1-2023)