(A) It shall be required that a Notice of Intent (NOI) be submitted to the Indiana Department of Environmental Management and to the DSM and that a Stormwater Pollution Prevention Plan (SWP3) be submitted and approved by the DSM for any project located within the Fort Wayne Stormwater Management District that includes clearing, grading, excavation, filling and other land disturbing activities resulting in the following:
(1) The disturbance of one acre or more of total land area as determined in § 53.13.
(2) Disturbances of less than one acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres of land.
(B) The SWP3 must be approved by the DSM prior to the beginning of any land disturbing activities on the site for which the plan is submitted. The SWP3 must comply with the design criteria and technical standards and specifications approved by the BSM.
(C) This chapter does not apply to the following types of activities:
(1) Agricultural land disturbance activities.
(2) Forest harvesting activities.
(D) This section does 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 under I.C. 14-34.
(3) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by IDEM under 329 IAC 10 that contains equivalent stormwater requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.
(4) Roadway projects initiated by the Indiana Department of Transportation.
(E) Charges for review of SWP3 submittals will be assessed in accordance with § 53.63.
(Ord. G-11-07, passed 4-10-07; Am. Ord. G-28-22, passed 12-13-22; Am. Ord. G-17-24, passed 7-9-24)