§ 152.172  APPLICABILITY.
   (A)   The requirements under this subchapter are in compliance with 327 IAC 15-5 (Rule 5) and apply to all persons meeting the requirements of 327 IAC 15-5-2.  In general, this subchapter requires the control of polluted run-off from construction sites with a land disturbance greater than or equal to one acre, or disturbances of less that one acre of land that are part of a larger common plan of development or sale if the larger common plan will disturb one or more acres of land as part of the same project.
   (B)   The requirements under this rule do not apply to persons who are involved in agricultural land disturbing activities or forest harvesting activities.
   (C)   The requirements under this rule do not apply to the following activities, provided other applicable permits contain provisions requiring immediate implementation of soil erosion control measures:
      (1)   Landfills that have been issued a certification of closure under 329 IAC 10.
      (2)   Coal mining activities permitted under I.C. 14-34.
      (3)   Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the department 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.
      (4)   Road and regulated drain maintenance.
      (5)   In addition to the requirements of this subchapter, storm water pollution prevention plans shall be developed in accordance with the current Town of Ellettsville standards and specifications to ensure that established water quality standards will be maintained during and after development of the site and that post construction runoff levels are consistent with any local and regional watershed plans.
(Ord. 05-21, passed 10-24-2005)