§ 52B.065 APPLICABILITY AND EXEMPTIONS.
   (A)   In addition to the requirements of §§ 52B.050 through 52B.053, the stormwater pollution prevention plan, which is to be submitted to the city as part of the stormwater management permit application, must also include post-construction stormwater quality measures. These measures are incorporated as a permanent feature into the site plan and are left in place following completion of construction activities to continuously treat stormwater runoff from the stabilized site. Any project located within the corporate boundaries of the city or within the 2-mile area around the city that includes clearing, grading, excavation, and other land disturbing activities, resulting in the disturbance of 1 acre or more of total land area is subject to the requirements of this subchapter. This includes both new development and re-development, and disturbances of land less than 1 acre of total land area that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb 1 acre or more of total land area. In addition, regardless of the amount of disturbance, the city reserves the right to require pretreatment BMPs for proposed hot spot developments in accordance with provisions contained in the City of Washington Stormwater Technical Standards Manual.
   (B)   The requirements under this subchapter do not apply to the following activities:
      (1)   Construction activities associated with a single-family residential dwelling disturbing less than 1 acre, when the dwelling is not part of a larger common plan of development or sale; or individual building lots within a larger permitted project.
   (C)   The requirements under this subchapter do not apply to the following activities, provided other applicable state permits contain provisions requiring immediate implementation of soil erosion control measures:
      (1)   Landfills that have been issued a certification of closure under 329 I.A.C. 10.
      (2)   Coal mining activities permitted under I.C. 14-34.
      (3)   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 stormwater requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.
   (D)   It will be the responsibility of the project site owner to complete a stormwater permit application and ensure that a sufficient construction plan is completed and submitted to the city in accordance with §§ 52B.080 through 52B.088. It will be the responsibility of the project site owner to ensure proper construction and installation of all stormwater BMPs (especially, the protection of post-stormwatcr BMPs during construction phase) in compliance with this chapter and with the approved stormwater management permit, and to notify the city upon completion of the project and stabilization of the site, requesting a termination inspection to be performed by the city. However, all eventual property owners of stormwater quality facilities meeting the applicability requirements must comply with the requirements of this subchapter and this chapter.
(Ord. 10-2024, passed 7-8-2024)