(A) The MS4 Operator will review each application for a site development permit to determine its conformance with the provisions of this chapter. Within 28 days after receiving an application, the MS4 Operator shall approve, approve with conditions or disapprove the application. Possible actions are further defined as:
(1) Approve. The permit application is found to be completely consistent with the requirements within this chapter; therefore, the MS4 Operator shall issue a notice of plan approval (NPA);
(2) Approve with conditions. The permit application is generally consistent with the requirements within this chapter 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 plan approval (CNPA); or
(3) Disapprove. The permit application does not meet the requirements of this chapter and requires modifications that would result in significant changes to the construction 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 plan 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 plan does not meet the requirements of this chapter is a violation and subject to enforcement action.
(D) If the project site owner does not receive notification within 28 days after the plan is received by the MS4 Operator stating that the plan 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 plan is received after the review period outlined in division (D) and following commencement of construction activities, the plans must be modified to meet the requirements of this chapter and resubmitted within 14 days of receipt of the notification of disapproved plans.
(Ord. 04-2514, passed 10-4-04)