(A) Applicability. This section applies to land disturbing activities within the town with a projected land disturbance of one acre or more, and operations that result in the land disturbance of less than one acre of total land area that are part of a larger common plan of development or sale. § 53.077 provide guidelines for calculating land disturbance and additional descriptions of construction activities.
(B) Exemptions. The requirements under this chapter do not apply to the following activities, provided other applicable state permits contain provisions requiring immediate implementation of soil erosion control measures.
(1) Agricultural land-disturbing activities, including tillage, planting, cultivation, or harvesting operations to produce agricultural or nursery and vegetative crops, pasture renovation and establishment, the construction of agricultural conservation practices, and the installation and maintenance of agricultural drainage tile.
(2) Silvicultural activities associated with nonpoint discharges (40 CFR 122.27).
(3) Storm water discharges associated with oil and gas exploration, production, processing or treatment operations, or transmission facilities (40 CFR 122.26).
(4) Ditch maintenance for activities performed on a regulated drain by a county drainage board as defined in IC 36-9-27.
(5) The land-disturbing activities listed below, provided other applicable permits contain provisions requiring immediate implementation of erosion and sediment control measures and storm water management measures:
(a) Landfills that have been issued a certification of closure under 329 IAC 10;
(b) Coal mining activities permitted under IC 14-34; and
(c) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by IDEM under 329 IAC 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) Any construction project which has had its final drainage plan accepted by the DSM and/or the permitting officer prior to the effective date of this chapter shall be exempt from all requirements of this chapter that are in excess of the requirements of ordinances in effect at the time of acceptance. Such an exemption is not applicable to the requirements detailed in § 53.045 et seq.
(D) Discharges authorized by this chapter. This chapter authorizes the following discharges to waters of the state:
(1) Storm water, including storm water runoff, snowmelt runoff, and surface runoff and drainage, associated with construction activity (40 CFR § 122.26(b)(14) or § 122.26(b)(l5)(i)).
(2) Storm water discharges designated by IDEM as needing to obtain coverage under the CSGP (40 CFR § 122.26(a)(l)(v) or § 122.26(b)(l5)(ii)).
(3) Storm water discharges from construction support activities (e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) provided the support activity is directly related to the construction site required to have permit coverage for storm water discharges, and:
(a) The support activity is not a commercial/industrial operation, nor does it serve multiple unrelated construction projects.
(b) The support activity does not continue to operate beyond the completion of the construction activity for the project it supports; and
(c) Storm water measures are implemented in accordance with the storm water pollution prevention plan, performance standards, and this general permit.
(4) Non-storm water discharges or flows provided they are not identified by IDEM as significant sources of pollutants to waters of the state, including, but not limited to:
(a) Emergency fire-fighting water;
(b) Fire hydrant flushing water;
(c) Landscape irrigation water;
(d) Water line flushing;
(e) Routine external building washdown water that does not use detergents.
(f) Water used to wash vehicles and equipment that does not contain soaps, solvents, or detergents;
(g) Uncontaminated, non-turbid discharges of groundwater or spring water;
(h) Foundation or crawl space footing drainage where flows are not contaminated with process materials such as solvents or contaminated groundwater.
(i) Uncontaminated condensate from air conditioning units, coolers, and other compressors and from outside refrigerated gases or liquids; and
(j) Construction dewatering water that has been treated by an appropriate storm water quality measure or series of measures provided other contaminants are not present.
(E) Discharges not authorized by this chapter. The following discharges from construction activities are not authorized by this chapter:
(1) Direct discharges into waters that are designated as an outstanding national resource water defined at IC 13-11-2-149.5 or an outstanding state resource water defined at IC 13-11-2-149.6 and listed at 327 IAC 2-l.3-3(d) when it is determined that a discharge from the land-disturbing activity will significantly lower water quality as defined under 327 IAC 2-1.3-2(50) of such a water downstream of that discharge;
(2) Direct discharges to a receiving stream when the discharge results in an increase in the ambient concentration of a pollutant which contributes to the impairment of the receiving stream for that pollutant as identified on the current 303(d) list of impaired waters;
(3) Discharges of concrete or mortar wash water from concrete washout activities or release from containment systems;
(4) Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds and other construction materials;
(5) Soaps, detergents, or solvents used in vehicle and equipment washing; and
(6) Other discharges, including but not limited to fuel, oil, or other pollutants used in vehicle and equipment operation and maintenance.
(F) Town of Edinburgh projects are expected to meet all applicable construction and post-constructions requirements of this chapter and the Standards.
(G) Individual lots. With the exception of the requirements of § 53.045 et seq. and § 53.077, single-family dwelling houses in accepted subdivisions, new buildings or cumulative building additions with less than 500 square feet of area, and land-disturbing activities affecting less than 10,000 square feet of area, shall be exempt from the requirements of this chapter. Individual lots with a land disturbance of greater than 10,000 square feet and less than one acre are subject to § 53.102 for plan review requirements and procedures.
(H) Waivers and special conditions.
(1) The DSM and/or the permitting officer has the authority to modify, grant exemptions, and/or waive certain requirements of this chapter and its associated technical standards document. A concept meeting with the DSM and/or the permitting officer may be requested by the applicant or required by the town to discuss the applicability of various provisions of the chapter and its associated technical standards document with regards to unique or unusual circumstances relating to a project. However, any initial determination of such applicability shall not be binding on future determinations of the DSM and/or the permitting officer that may be based on the review of more detailed information and plans.
(2) Discharges are conditionally authorized for land-disturbing activities that are subject to this chapter, but are considered an emergency. Emergency activities include any work which requires immediate implementation to avoid imminent endangerment to human health, public safety, or the environment, or to reestablish essential public services.
(3) Procedures for obtaining an emergency condition authorization, require the applicant to:
(a) Submit a preliminary notification of the emergency to IDEM and the town within 24 hours or next business day of initiating land disturbance;
(b) Develop a SWPPP that specifically addresses the operations associated with the emergency. The submittal of the plan is not required; and
(c) Submit a complete NOI within 30 calendar days after commencing land-disturbing activities to IDEM and the town establishing eligibility under the CSGP.
(Ord. 2023-22, passed 12-28-23)