This subchapter applies to all development, or re-development of land, that results in land disturbance of 1 acre or more. This subchapter also applies to disturbances of land 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. Figure 1 is a flowchart summarizing the plan review/permit approval/project termination compliance process for land disturbance of 1 acre or more and can be found at the end of this section.
(A) General procedures.
(1) The project site owner shall submit an application for a stormwater management permit to the city. The application will include a completed application checklist, construction plan sheets, a stormwater drainage technical report, a stormwater pollution prevention plan, and any other necessary support information. Specific information to be included in the application can be found in § 52B.082. Three copies of each application must be submitted to the city. The city may. at its discretion, require 1 or more copies be submitted to other entities deemed appropriate by the city. Additionally, a digital copy of the construction plans is required in a format accepted by the city.
(2) After the city’s receipt of the application, the applicant will be notified as to whether their application was complete or insufficient. The applicant will be asked for additional information if the application is insufficient. If the application is complete, it will be reviewed in detail by the city and/or its plan review consultant(s). Once all comments have been received and review completed, the city will either approve the project, request modifications, or deny the project. If the applicant does not agree with or accept the review findings and wishes to seek an appeal, the city will place the project on the agenda of the next regularly scheduled meeting of the City of Washington Board of Public Works and Safety provided the agenda for the meeting has not yet been advertised or published. If time for notification does not allow, the project shall be placed on the following regularly scheduled meeting of the City of Washington Board of Public Works and Safety. If the project must go through a scheduled meeting, the city will furnish the applicant a complete list of comments and objections to the plans and accompanying data prior to the scheduled meeting. After the scheduled meeting, the city will either issue a permit, request modifications to the construction plans, or deny the project.
(3) The project site owner must notify the city and IDEM before beginning construction. Notification to the city shall be made in person, via phone or through an email while the notification to IDEM shall be in the form of an online IDEM NOI submittal. Once a permit has been issued and the pending construction notifications submitted to the city and IDEM before the beginning of construction, construction may commence. Once construction starts, the project owner shall monitor construction activities and inspect all stormwater pollution prevention measures in compliance with this chapter and the terns and conditions of the approved permit. Upon completion of construction activities, a certification of completion and compliance and as-built plans must be submitted to the city. Once the construction site has been stabilized and all temporary erosion and sediment control measures have been removed, a notification shall be sent to the city, requesting a termination inspection. The city, or its representative, shall inspect the construction site to verify that the completed project is fully stabilized and meets the requirements of the city’s stormwater ordinance and its technical standards and that the terns and conditions of the permit. Once the applicant receives a signed copy of the termination inspection checklist confirming compliance, they must forward a copy to IDEM along with the required IDEM NOT form. Permits issued by the city under this scenario will expire 5 years from the date of issuance. If construction is not completed within 5 years, an updated permit application must be submitted to the city and an updated NOI must be resubmitted to IDEM at least 90 days prior to expiration.
(B) SWPPP review time limits.
(1) Pursuant to I.C. 13-18-27, an MS4-designated entity or other review authority such as SWCD must make a preliminary determination as to whether the construction plan associated with SWPPP is substantially complete before the end of the 10th working day (for sites with less than 5 acres of land disturbance) after the day on which the SWPPP is submitted to the review authority or the 14th working day (for sites with 5 acres or larger of land disturbance) after the day on which the SWPPP is submitted to the review authority. Depending on the outcome of the SWPPP review, the following scenarios may play out:
(a) No SWPPP review notification received. If the review authority does not notify the applicant of its preliminary determination as to whether the construction plan is substantially complete within either 10 or 14 days as noted above, the project site owner may submit a notice of intent letter to IDEM including the information required by IDEM, or this chapter and the City of Washington Stormwater Technical Standards Manual, and 48 hours after the NOI is submitted to IDEM, may begin the construction project, including the land disturbing activities of the construction project.
(b) SWPPP not substantially complete. If the review authority notifies the applicant that the construction plan is not substantially complete, the project site owner may not submit a notice of intent letter to IDEM until the review authority makes a conclusive favorable determination concerning the construction plan under the IDEM rule/permit, or this chapter and the City of Washington Stormwater Technical Standards Manual.
(c) Unfavorable SW PPP. If the review authority notifies the applicant that the construction plan is substantially complete; and makes a conclusive unfavorable determination concerning the construction plan under IDEM rule/permit, or this chapter and the City of Washington Stormwater Technical Standards Manual, the project site owner may not submit a notice of intent letter to IDEM.
(d) Preliminary SWPPP review. If the review authority notifies the applicant that the construction plan is substantially complete and a preliminary review has been completed, the project site owner may submit a notice of intent letter to IDEM including the information required by IDEM, or this chapter and the City of Washington Stormwater Technical Standards Manual, and 48 hours after the NOI is submitted to IDEM, may begin the construction project, including the land disturbing activities of the construction project. The plan review authority reserves the right to perform a comprehensive review at a later date, and revisions may be required at that time.
(e) Conditional SWPPP review. If the review authority notifies the applicant that the construction plan is substantially complete and a conditional review has been completed, the project site owner may submit a notice of intent letter to IDEM including the information required by IDEM, or this chapter and the City of Washington Stormwater Technical Standards Manual, and 48 hours after the NOI is submitted to IDEM, may begin the construction project, including the land disturbing activities of the construction project provided that the requirements included in the conditional review are fulfilled.
(f) Favorable SWPPP review. If the review authority notifies the applicant that the construction plan is substantially complete and a preliminary review has been completed, the project site owner may submit a notice of intent letter to IDEM including the information required by IDEM, or this chapter and the City of Washington Stormwater Technical Standards Manual, and 48 hours after the NOI is submitted to IDEM, may begin the construction project, including the land disturbing activities of the construction project.
(2) Note that the above time limits only apply to the SWPPP portion of the overall stormwater permit submittal and does not affect any official or non-official permit review timelines set by the entity for other aspects of the stormwater permit application.
(Ord. 10-2024, passed 7-8-2024)