(A) This subchapter covers any new development or re-development construction site resulting in the disturbance of one acre or more of total land area. Persons must meet the general permit rule applicability requirements under 327 IAC Article 5 and 327 IAC Article 15. This subchapter 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; however, the town may apply the provisions of this subchapter to construction related activities disturbing less than one acre if deemed necessary to protect land and water resources.
(B) All terms, conditions, definitions, and other measures defined in 327 IAC Article 5, 327 IAC Article 15 and the forthcoming construction general permit to be adopted by the ERB shall apply except for state permitting process references and submittal deadlines of construction plans.
(C) This subchapter does not apply to persons who obtain an individual NPDES permit under 327 IAC Articles 5 and 15.
(D) This subchapter does not apply to the Indiana Department of Transportation when it conducts its business within the town corporate limit through its NPDES permit under 327 IAC 15.
(E) This subchapter does not apply to the following types of activities:
(1) Agricultural land disturbance activities.
(2) Forest harvesting activities.
(F) This subchapter does not apply to the following activities, provided other applicable permits contain provisions requiring immediate implementation of soil erosion control measures:
(1) Landfills that have been issued a certification of closure under 329 IAC 10.
(2) Coal mining activities permitted under IC 14-34.
(3) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the Indiana Department ofEnvironmental Management under 329 IAC 10 that contains equivalent stormwater requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.
(Ord. 21-05, passed 3-11-21)