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§ 53.019 RESPONSIBILITY FOR IMPLEMENTATION.
   A project site owner shall be identified for all projects that require the submission of a stormwater pollution prevention plan (SWPPP) and a construction permit per § 53.016(A).
   (A)   The project site owner has the following responsibilities:
      (1)   Ensure that a sufficient SWPPP is completed, submitted and approved by the Division 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 and HDEM;
      (3)   Make application and obtain a land disturbance permit in accordance with procedures established by the DSM;
      (4)   Ensure compliance with this subchapter 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 SWPPP; and
      (6)   Notify the IDEM with a sufficient notice of termination (NOT) letter with a copy sent to the DSM and HDEM.
   (B)   For an individual lot where land disturbance is expected to be 1 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 subchapter 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 and HDEM; and
      (4)   Notify the IDEM with a sufficient notice of termination (NOT) letter with a copy sent to the DSM and HDEM.
   (C)   For an individual lot where the land disturbance is less than 1 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 SWPPP and the stormwater construction permit for the overall site, comply with the technical standards adopted by the BSM and comply with this subchapter. All work shall be performed in accordance with the applicable procedures established by the DSM; and
      (2)   A NOI is not required.
(Ord. 8970, passed 12-8-2008)
§ 53.020 GENERAL REQUIREMENTS FOR STORMWATER QUALITY CONTROL.
   All stormwater 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. Non-vegetated 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 327 I.A.C. 15-5-7 must be implemented in accordance with the submitted plans.
(Ord. 8970, passed 12-8-2008)
STORMWATER QUALITY MANAGEMENT CONTROL FOR POST-CONSTRUCTION
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