(A) Applicability.
(1) This chapter applies to any new development or re-development construction site resulting in the disturbance of one acre or more of total land area. For such construction sites, persons must meet the general permit rule applicability requirements under 327 I.A.C. 15-2-6.
(2) This chapter also applies to 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 or more acres of land within the corporate limits of the town.
(3) All terms, conditions, definitions and other measures defined in 327 I.A.C. 15-5 shall apply except for state permitting process references and submittal deadlines of construction plans.
(B) Exclusions.
(1) This chapter does not apply to persons who obtain an individual NPDES permit under 327 I.A.C. 15-2-6.
(2) This chapter does not apply to the Indiana Department of Transportation when it conducts its business within the town corporate limit under its NPDES permit pursuant to 327 I.A.C. 15.
(3) This chapter does not apply to the following types of activities:
(a) Agricultural land disturbing activities; and
(b) Forest harvesting activities.
(4) This chapter does not apply to the following activities, provided other applicable permits contain provisions requiring immediate implementation of soil erosion control measures:
(a) Landfills that have been issued a certification of closure under 329 I.A.C. 10;
(b) Coal mining activities permitted under I.C. 14-34; and
(c) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the Indiana Department of Environmental Management under 329 I.A.C. 10 that contains equivalent storm water requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.
(Ord. 2006-30, passed 10-25-2006)