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(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)
In calculating the total area of land disturbance, for the purposes of determining applicability of this Chapter to the project, the following guidelines should be used:
(A) Off-site construction activities that provide services (for example, road extensions, sewer, water, and other utilities) to a land disturbing project site, must be considered as a part of the total land disturbance calculation for the project site, when the activity is under the control of the project site owner.
(B) Strip developments will be considered as one (1) project site and must comply with this Chapter unless the total combined disturbance on all individual lots is less than one (1) acre and is not part of a larger common plan of development or sale.
(C) To determine if multi-lot project sites are regulated by this rule, the area of land disturbance shall be calculated by adding the total area of land disturbance for improvements, such as, roads, utilities, or common areas, and the expected total disturbance on each individual lot, as determined by the following:
(1) For a single-family residential project site where the lots are one-half (0.5) acre or more, one-half (0.5) acre of land disturbance must be used as the minimum expected lot disturbance.
(2) For a single-family residential project site where the lots are less than one half (0.5) acre in size, the total lot must be calculated as being disturbed.
(3) To calculate lot disturbance on all other types of project sites, such as industrial and commercial projects project sites, a minimum of one (1) acre of land disturbance must be used as the expected lot disturbance, unless the lots are less than one (1) acre in size, in which case the total lot must be calculated as being disturbed.
(D) The calculation methods as well as the type, sizing, and placement of all stormwater pollution prevention measures for construction sites shall meet the design criteria and the technical standards and specifications approved by the Board of Stormwater Management.
(Ord. G-11-07, passed 4-10-07; Am. Ord. G-17-24, passed 7-9-24)
A project site owner shall be identified for all projects that require the submission of a Stormwater Pollution Prevention Plan (SWP3) and a construction permit per § 53.11(A).
(A) The project site owner has the following responsibilities:
(1) Ensure that a sufficient SWP3 is completed, submitted and approved by the Department of Stormwater Management (DSM).
(2) Complete a sufficient Notice of Intent (NOI) letter to be submitted to the Indiana Department of Environmental Management (IDEM), with a copy sent to the DSM.
(3) Make application and obtain a land disturbance permit in accordance with procedures established by the DSM.
(4) Ensure compliance with this Chapter during:
(a) The construction activity; and
(b) Implementation of the construction plan.
(5) Ensure that all persons engaging in construction activities on a permitted project site comply with the applicable requirements of this rule and the approved SWP3.
(6) Notify the IDEM with a sufficient Notice of Termination (NOT) letter with a copy sent to the DSM.
(B) For an individual lot where land disturbance is expected to be one acre or more and the lot lies within a project site permitted under this rule, the individual lot owner shall:
(1) Ensure that a sufficient stormwater management construction plan has been submitted to and approved by the DSM and a construction permit has been obtained.
(2) The stormwater management plan and construction activity shall comply with the technical standards adopted by the BSM and with all sections of this Chapter and be in accordance with the applicable procedures established by the DSM.
(3) Complete his or her own sufficient Notice of Intent (NOI) letter to be submitted to the Indiana Department of Environmental Management (IDEM), with a copy sent to the DSM.
(4) Notify the IDEM with a sufficient Notice of Termination (NOT) letter with a copy sent to the DSM.
(C) For an individual lot where the land disturbance is less than one acre and the lot lies within a project site permitted under this rule, the individual lot operator shall:
(1) Comply with the provisions and requirements of the DSM approved SWP3 and the stormwater construction permit for the overall site, comply with the technical standards adopted by the BSM and comply with this Chapter. All work shall be performed in accordance with the applicable procedures established by the DSM.
(2) A NOI is not required.
(Ord. G-11-07, passed 4-10-07; Am. Ord. G-17-24, passed 7-9-24)
All storm water quality measures and erosion and sediment controls necessary to comply with this Chapter must be implemented in accordance with the stormwater pollution prevention plan and comply with the technical standards adopted by the Board of Stormwater Management. All water quality measures must be sufficient to satisfy the following conditions.
(A) Minimize the potential for soil erosion by designing a development that fits the topography and soils of the site. Deep cuts and fill in areas with steep slopes should be avoided wherever possible, and natural contours should be followed as closely as possible.
(B) Existing natural vegetation should be retained and protected wherever possible. Areas immediately adjacent to watercourses and lakes also should be left undisturbed wherever possible. Unvegetated or vegetated areas with less than 70% cover that are scheduled or likely to be left inactive for 15 days or more must be temporarily or permanently stabilized with measures appropriate for the season to reduce erosion potential. Alternative measures to site stabilization may be
acceptable if the project site owner or their representative can demonstrate they have implemented and maintained erosion and sediment control measures adequate to prevent sediment discharge from the inactive area.
(C) All activities on a site should be conducted in a logical sequence so that the smallest practical area of land will be exposed for the shortest practical period of time during development.
(D) The length and steepness of designed slopes should be minimized to reduce erosion potential. Drainage channels and swales must be designed and adequately protected so that their final gradients and resultant velocities will not cause erosion in the receiving channel or at the outlet.
(E) Sediment-laden water which otherwise would flow from the project site shall be treated by erosion and sediment control measures appropriate to minimize sedimentation. A stable construction site access shall be provided at all points of construction traffic ingress and egress to the project site.
(F) Appropriate measures shall be implemented to prevent wastes or unused building materials, including, garbage, debris, packaging material, fuels and petroleum products, hazardous materials or wastes, cleaning wastes, wastewater, concrete truck washout, and other substances from being carried from a project site by runoff or wind. Identification of areas where concrete truck washout is permissible must be clearly posted at appropriate areas of the site. Wastes and unused building materials shall be managed and disposed of in accordance with all applicable State statutes and regulations. Proper storage and handling of materials such as fuels or hazardous wastes, and spill prevention and cleanup measures (including having spill response equipment on site) shall be implemented to minimize the potential for pollutants to contaminate surface or ground water or degrade soil quality.
(G) Public, or private roadways shall be kept cleared of accumulated sediment that is a result of runoff or tracking. Bulk clearing of accumulated sediment shall not include flushing the area with water. Cleared sediment shall be redistributed or disposed of in a manner that is in accordance with all applicable statutes and regulations.
(H) Collected runoff leaving a project site must be either discharged directly into a well-defined, stable receiving channel, or diffused and released to adjacent property without causing an erosion or pollutant problem to the adjacent property owner.
(I) Natural features, including wetlands, shall be protected from pollutants associated with stormwater runoff. All erosion and sediment control measures necessary to comply with this Chapter and with other provisions as outlined in IDEM’s Construction Stormwater General Permit (IDEM CSGP) must be implemented in accordance with the submitted plans.
(Ord. G-11-07, passed 4-10-07; Am. Ord. G-17-24, passed 7-9-24)
STORMWATER QUALITY MANAGEMENT
CONTROL FOR POST-CONSTRUCTION
The purpose of this subchapter is to establish requirements for the installation of permanent stormwater quality features designed to intercept and filter pollutants in stormwater discharges from newly developed or redeveloped construction sites of one acre or more. Through the use and installation of stormwater quality BMPs, stormwater runoff from these sites will be filtered and harmful amounts of sediment, nutrients and contaminants will be removed prior to reaching regional creeks, streams and rivers. The control of stormwater quality will be based on the management of total suspended solids (TSS).
(Ord. G-11-07, passed 4-10-07)
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