§ 52.09 SOIL EROSION AND SEDIMENTATION CONTROL.
   (A)   Construction activities required as part of land development necessitate the removal of natural ground cover, creating the potential for erosion to occur.
   (B)   To minimize the movement of soil off site and its impact on water quality and on the ability of stormwater facilities to continue functioning properly, the following are required.
      (1)   All persons who cause, in whole or in part, any earth change to occur shall provide soil erosion and sedimentation control so as to adequately prevent soils from being eroded and discharged or deposited onto adjacent properties or into a stormwater drainage system, a public street or right-of-way, wetland, creek, stream, water body or floodplain.
      (2)   All development shall be in accordance with all applicable federal, state and local ordinances, rules and regulations.
      (3)   If the owner or operator is required to prepare an Erosion and Sediment Control Plan (ESCP) as legislated by Rule 5 (327 I.A.C. § 15-5), such plan shall be deemed to fulfill the requirements of this subchapter. In this case, all applicable state and federal permits or notices for land disturbing activities shall be obtained or filed prior to commencement of land disturbing activities. All applicable state or federal standards shall be adhered to when conducting land-disturbing activities. Copies of all applications, letters of intent submittals, plans and other erosion and sediment control related information developed for and/or submitted to state or federal authorities shall be copied to the OMCS in addition to the ESCP.
      (4)   Prior to making any earth change on a development site regulated by this subchapter, the developer shall first obtain a soil erosion permit. The developer shall install stormwater runoff facilities and shall phase the development activities so as to prevent construction site stormwater runoff and off-site sedimentation.
      (5)   During all construction activities on the development site, the OMCS or his or her representative may inspect the development site to ensure compliance with the approved construction site runoff controls.
(Ord. 1-4-17, passed 11-18-2003)