(A) (1) The MS4 operator will review each erosion and sediment control permit application to determine its conformance with the provisions of this subchapter. Within 28 days after receiving an application, the MS4 operator shall approve, approve with conditions or disapprove the application.
(2) Possible actions are further defined as:
(a) APPROVE. The permit application is found to be completely consistent with the requirement within this subchapter, therefore, the MS4 operator shall issue a notice of permit approval (NPA);
(b) APPROVE WITH CONDITIONS. The permit application is generally consistent with the requirements within this subchapter, but specific minor modifications are required to meet all of the applicable requirements. Therefore, the MS4 operator shall issue the permit subject to these written conditions along with a conditional notice of permit approval (CNPA); or
(c) DISAPPROVE. The permit application does not meet the requirements of this subchapter and requires modifications that would result in significant changes to the Erosion and Sediment Control Plan. Therefore, the MS4 operator shall disapprove the application indicating the reason(s) and procedure for submitting a revised application and/or submission.
(B) The developer must include the NPA or CNPA as verification of erosion and sediment control permit approval with the notice of intent (NOI) sent to the Director of IDEM in accordance with 327 I.A.C. 15-5-6(a) at least 48 hours prior to land-disturbing activities.
(C) The initiation of construction activity following notification by the MS4 operator that the erosion and sediment control permit application does not meet the requirements of this subchapter is a violation and subject to enforcement action.
(D) If the project site owner does not receive notification within 28 days after the erosion and sediment control permit application is received by the MS4 operator stating that the erosion and sediment control permit application is disapproved, the project site owner may submit the NOI letter information to IDEM in accordance with 327 I.A.C. 15-5-6(a).
(E) If notification of a disapproved erosion and sediment control permit application is received after the review period outlined in § 56.17(D) and following commencement of construction activities, the Erosion and Sediment Control Plan must be modified to meet the requirements of the subchapter and resubmitted within 14 days of receipt of the notification of the disapproved erosion and sediment control permit application.
(F) In order to defray the town’s administrative costs associated with the inspection and oversight of the erosion and sediment control permit, the applicant shall, prior to receiving a notice of permit approval or conditional notice of permit approval, pay such erosion and sediment control permit approval fees as required by “An Ordinance Establishing Fees and Permits for the Town of Plainfield” including any amendments to or replacements of such ordinance.
(G) Per Section 2.3 of the town subdivision control ordinance (Ord. 22-97, as codified in Chapter 153 of this code), the applicant will be required to file with the town a faithful performance or maintenance bond, letter of credit or other improvement security in an amount deemed sufficient to cover all costs of improvements, including, but not limited to, erosion control measures, grading, landscaping and maintenance of improvements, for such period as specified by the town and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site. The applicant shall file the required performance or maintenance bond, letter of credit or other improvement security with the town prior to receiving a notice of permit approval or conditional notice of permit approval.
(Ord. 36-2005, passed 7-11-2005) Penalty, see § 56.99