(A) In addition to the requirements noted in §§ 52.300 through 52.308, the storm water pollution prevention plan, which is to be submitted to the Department as part of the storm water management permit application, must also include post-construction storm water quality measures. These measures are incorporated as a permanent feature into the site plan and are left in place following completion of construction activities to continuously treat storm water runoff from the stabilized site. Any project located within the corporate boundaries of the City of Decatur that includes clearing, grading, excavation, and other land disturbing activities, resulting in the disturbance of one acre or more of total land area is subject to the requirements of this subchapter. This includes both new development and re-development, and disturbances of land less than one acre of total land area that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one acre or more of total land area. In addition, regardless of the amount of disturbance, the Department reserves the right to require pre-treatment BMPs for proposed hot spot developments in accordance with provisions contained in the City of Decatur Storm Water Technical Standards Manual.
(B) The requirements under this subchapter do not apply to construction activities associated with a single-family residential dwelling disturbing less than one acre, when the dwelling is not part of a larger common plan of development or sale; or individual building lots within a larger permitted project.
(C) 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 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.
(D) 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 proper construction and installation of all storm water BMPs (especially the protection of post-storm water BMPs during construction phase) in compliance with this chapter and with the approved storm water management permit, 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 eventual property owners of storm water quality facilities meeting the applicability requirements must comply with the requirements of this chapter.
(Ord. 2023-11, passed 8-1-2023)