§ 5-2-6-11.5.  REQUIREMENTS FOR A STORM WATER POLLUTION PREVENTION PLAN (SWPPP).
   (A)   To regulate construction activities disturbing more than one acre of land as governed by 327 I.A.C. 15-5 and to require construction site operators to develop and implement a construction plan including a Storm Water Pollution Prevention Plan (SWPPP) in order to receive a storm water permit as per § 5-2-6-11, it shall be required that a Notice of Intent (NOI) be submitted to the Indiana Department of Environmental Management and the City and that a SWPPP be submitted to and approved by the Department of Public Works prior to any land disturbing activities of one acre or more.
   (B)   The SWPPP must be approved by the Department of Public Works prior to beginning of any land disturbing activities on the site for which the construction plan is submitted.  The SWPPP must comply with the design criteria and technical standards and specifications approved by the Department of Public Works in conformance with regulations promulgated under § 5-2-6-37.
   (C)   To effectively carry out the articles of  division (A) above, a project site operator shall be identified for all projects that require the submission of a SWPPP and a construction plan per § 5-2-6-11.  The project site operator has the following responsibilities:
      (1)   Ensure that a sufficient SWPPP is completed, submitted and approved by the Department of Public Works;
      (2)   Complete a sufficient NOI letter to be submitted to the Indiana Department of Environmental Management (IDEM), with a copy sent to the Department of Public Works;
      (3)   Make application and obtain a land storm water permit in accordance with procedures established by the Department of Public Works;
      (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 SWPPP; and
      (6)   Notify the IDEM with a sufficient Notice of Termination (NOT) letter with a copy sent to the Department of Public Works.
   (D)   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 chapter, the individual lot owner shall:
      (1)   Ensure that a sufficient storm water submittal has been made to and approved by the Department of Public Works and a storm water permit has been obtained.
      (2)   The storm water permit and construction activity shall comply with the technical standards adopted by the City and with all sections of this chapter and be in accordance with the applicable procedures established by the Department of Public Works and in conformance with regulations promulgated under § 5-2-6-37.
      (3)   Complete his or her own sufficient NOI letter to be submitted to IDEM, with a copy sent to the Department of Public Works.
      (4)   Notify IDEM with a sufficient NOT letter with a copy sent to the Department of Public Works.
   (E)   For an individual lot where the land disturbance is less than one acre and the lot lies within a project site permitted under this chapter, the individual lot operator shall:
      (1)   Comply with the provisions and requirements of the Department of Public Works approved SWPPP and the storm water construction permit for the overall site and comply with the technical standards in conformance with regulations promulgated under § 5-2-6-37.  All work shall be performed in accordance with the applicable procedures established by the Department of Public Works.
      (2)   A NOI is not required.
   (F)   To establish requirements for the installation of permanent storm water quality features designed to intercept and filter pollutants in storm water discharges from newly developed or redeveloped construction sites of one acre or more as governed by 327 I.A.C. 15-13 and to require site operators to develop and implement a SWPPP in order to receive a storm water permit as per § 5-2-6-11, it shall be required that the SWPPP address post-construction storm water quality by the design and construction of storm water quality Best Management Practices (BMPs) which intercept storm water runoff and filter harmful amounts of sediment, nutrients and contaminants prior to reaching regional creeks, streams and rivers.  The control of storm water quality will be based on the management of total suspended solids (TSS).
   (G)   The SWPPP must be approved by the Department of Public Works prior to beginning of any land disturbing activities on the site for which the construction plan is submitted.  The SWPPP shall include storm water quality features that shall become permanent features of the site plan and shall remain in place following completion of construction activities.  The SWPPP must comply with the design criteria and technical standards and specifications approved by the Department of Public Works in conformance with regulations promulgated under § 5-2-6-37.
   (H)   To effectively carry out the articles of division (F) of this section, a project site operator shall be identified for all projects that require the submission of a SWPPP and a construction plan per § 5-2-6-11.  The project site operator has the following responsibilities:
      (1)   Ensure that a sufficient SWPPP is completed, submitted and approved by the Department of Public Works.  The approved SWPPP shall include the placement of appropriate Best Management Practices (BMPs), designed, constructed and maintained from design criteria and technical standards and specifications approved by the Department of Public Works in conformance with regulations promulgated under § 5-2-6-37.  A pre-approved list may be provided as adapted from the Indiana Storm Water Quality Manual.
      (2)   Complete a storm water submittal, along with a sufficient construction plan, and submit to the Department of Public Works in accordance with § 5-2-6-11.
      (3)   With the approved storm water management permit, ensure proper construction and installation of all storm water BMPs in compliance with the technical standards adopted by the Department of Public Works.
      (4)   Notify IDEM with a NOT letter upon completion of the project and stabilization of the site.  A copy of the NOT letter must be submitted to the Department of Public Works.
   (I)   The project site owner must submit to the Department of Public Works a SWPPP that addresses the requirements of 327 I.A.C. 15-5-6.5(a)(8) and shows the placement of appropriate BMPs.  The selected and approved BMPs must be designed, constructed, and maintained according to the articles of this chapter and from design criteria and technical standards and specifications approved by the Department of Public Works in conformance with regulations promulgated under § 5-2-6-37.
   (J)   Practices other than those specified in a pre-approved list may be utilized. However, the applicant shall be required to prove, to the satisfaction of the plan review staff employed by the Department of Public Works for that the performance and maintenance of such practices will be according to design criteria and technical standards and specifications approved by the Department of Public Works in conformance with regulations promulgated under § 5-2-6-37.
   (K)   It shall be the responsibility of the project site operator to complete a storm water permit submittal and to ensure that a sufficient construction plan is completed and submitted to the Department of Public Works in accordance with § 5-2-6-11.  It will be the responsibility of the project site owner to ensure proper construction and installation of all storm water BMPs in compliance with this chapter with design criteria and technical standards and specifications approved by the Department of Public Works in conformance with regulations promulgated under § 5-2-6-37 and with the approved storm water permit.  The project site owner shall notify the Department of Public Works upon completion of the project and stabilization of the site with a sufficient NOT letter.  However, all owners of property including storm water quality facilities meeting the applicability requirements must comply with the requirements of this chapter.
(Ord. 6, 2008, passed 5-5-2008)