§ 154.603 SWPPP REVIEW TIME LIMITS.
   (A)   Pursuant to I.C. 13-18-27, an MS4-designated entity or other review authority such as SWCD must make a preliminary determination as to whether the construction plan associated with SWPPP is substantially complete before the end of the tenth working day (for sites with less than five acres of land disturbance) after the day on which the SWPPP is submitted to the review authority or the fourteenth working day (for sites with five acres or larger of land disturbance) after the day on which the SWPPP is submitted to the review authority. Depending on the outcome of the SWPPP review, the following scenarios may play out:
      (1)   No SWPPP review notification received. If the review authority does not notify the applicant of its preliminary determination as to whether the construction plan is substantially complete within either ten or 14 days as noted above, the project site owner may submit a notice of intent letter to IDEM
§§ 154.601 et seq. including the information required by IDEM, or this chapter and the Hancock County Stormwater Technical Standards Manual, and 48 hours after the NOI is submitted to IDEM, may begin the construction project, including the land disturbing activities of the construction project.
      (2)   SWPPP not substantially complete. If the review authority notifies the applicant that the construction plan is not substantially complete, the project site owner may not submit a notice of intent letter to IDEM until the review authority makes a conclusive favorable determination concerning the construction plan under the IDEM rule/permit, or this chapter and the Hancock County Stormwater Technical Standards Manual.
      (3)   Unfavorable SWPPP. If the review authority notifies the applicant that the construction plan is substantially complete; and makes a conclusive unfavorable determination concerning the construction plan under IDEM rule/permit, or this chapter and the Hancock County Stormwater Technical Standards Manual, the project site owner may not submit a notice of intent letter to IDEM.
      (4)   Preliminary SWPPP review. If the review authority notifies the applicant that the construction plan is substantially complete and a preliminary review has been completed, the project site owner may submit a notice of intent letter to IDEM including the information required by IDEM, or this chapter and the Hancock County Stormwater Technical Standards Manual, and 48 hours after the NOI is submitted to IDEM, may begin the construction project, including the land disturbing activities of the construction project. The plan review authority reserves the right to perform a comprehensive review at a later date, and revisions may be required at that time.
      (5)   Conditional SWPPP review. If the review authority notifies the applicant that the construction plan is substantially complete and a conditional review has been completed, the project site owner may submit a notice of intent letter to IDEM including the information required by IDEM, or this chapter and the Hancock County Stormwater Technical Standards Manual, and 48 hours after the NOI is submitted to IDEM, may begin the construction project, including the land disturbing activities of the construction project provided that the requirements included in the conditional review are fulfilled.
2023 S-20