§ 159.03 APPLICABILITY.
   (A)   In general, this chapter requires the control of polluted runoff from construction and improvement sites with a land disturbance greater than or equal to one acre, or 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 acre or more of land.
   (B)   This chapter does not relieve the owner and/or the developer from complying with the city’s Stormwater Ordinance (Chapter 52) which relates to stormwater quantity.
   (C)   The requirements under this chapter do not apply to persons who are involved in agricultural land disturbing activities or forest harvesting activities.
   (D)   The requirements under this chapter 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 IC 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 the landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.
   (E)   In addition to the requirements of this chapter, post construction runoff control plans shall be developed in accordance with the city Storm Water Quality Management Plan, the State of Indiana Storm Water Quality Manual, and the city Storm Water Design and Construction Specifications Manual in order 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. The city Storm Water Design and Construction Specifications Manual is incorporated into this chapter.
   (F)   In general, the post construction runoff control plan includes permanent erosion, sediment, and runoff control measures that focus on reduction of total suspended solids (TSS) and other pollutants typical of parking lots, rooftops, driveways, and other developed areas.
   (G)   The erosion and sediment control plan addresses temporary control measures for the reduction of sediment migration during construction activities. Most of the measures often included in an erosion and sediment control plan are not intended for permanent installation, such as silt fences and straw bales. Vegetation installed prior to or during construction to alleviate sediment migration and erosion may be retained at the site after construction, pending approval by the city. In addition, some acceptable BMPs (refer to § 159.05) may be constructed for use during construction activities and retained at the site for permanent use once construction has been completed.
(Ord. 2007-5, passed 4-2-07)