Erosion and Sediment Control in Construction Projects (Indiana Code: Title 13 Environment; Article 18 Water Pollution Control; Chapter 27)

IC 13-18-27 Chapter 27. Erosion and Sediment Control in Construction Projects 13-18-27-1 "327 IAC 15-5" 13-18-27-2 "Construction activities" 13-18-27-3 "Construction plan" 13-18-27-4 "Erosion" 13-18-27-5 "Erosion and sediment control measure" 13-18-27-6 "General permit" 13-18-27-7 "Large construction activity site" 13-18-27-8 "MS4 community" 13-18-27-9 "Project site owner" 13-18-27-10 "Review authority" 13-18-27-11 "Sedimentation" 13-18-27-12 "Small construction activity site" 13-18-27-13 "Trained individual" 13-18-27-14 "Very small construction activity site" 13-18-27-15 Restriction on MS4 community's erosion and sediment control measures 13-18-27-16 Time limit for review authority's preliminary determination of whether construction plan is substantially complete 13-18-27-17 Trained individual to make or supervise making of determination concerning construction plan 13-18-27-18 Limitation on authority of MS4 community to order construction project to stop 13-18-27-19 General permit must be consistent with this chapter IC 13-18-27-1 "327 IAC 15-5" Sec. 1. As used in this chapter, "327 IAC 15-5" refers to the administrative rule of the environmental rules board in effect on March 25, 2019, concerning storm water runoff associated with construction activity. As added by P.L.248-2019, SEC.14. IC 13-18-27-2 "Construction activities" Sec. 2. As used in this chapter, "construction activities" include clearing, grading, and excavating. As added by P.L.248-2019, SEC.14. IC 13-18-27-3 "Construction plan" Sec. 3. As used in this chapter, "construction plan" means a written plan that: (1) presents information about a construction project and activities associated with the construction project; (2) includes a storm water pollution prevention plan that outlines how erosion and sedimentation will be controlled on the site of the construction project; and (3) must be submitted to a review authority as a condition of proceeding with the construction project under the general permit rule program established under 327 IAC 15-5 or the general permit. As added by P.L.248-2019, SEC.14. IC 13-18-27-4 "Erosion" Sec. 4. As used in this chapter, "erosion" means the detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity. As added by P.L.248-2019, SEC.14. IC 13-18-27-5 "Erosion and sediment control measure" Sec. 5. As used in this chapter, "erosion and sediment control measure" means a practice, or a combination of practices, to control erosion and resulting sedimentation associated with Indiana Code 2019 construction activity. As added by P.L.248-2019, SEC.14. IC 13-18-27-6 "General permit" Sec. 6. As used in this chapter, "general permit" refers to the general permit issued by the commissioner or the department in accordance with 40 CFR 122.26 to establish erosion and sediment control requirements for construction sites. As added by P.L.248-2019, SEC.14. IC 13-18-27-7 "Large construction activity site" Sec. 7. As used in this chapter, "large construction activity site" means: (1) a site at which construction activities result in land disturbance of at least five (5) acres; or (2) a site: (A) at which construction activities result in land disturbance of more than one (1) but less than five (5) acres; but (B) that is part of a larger common plan of development or sale in which construction activities will ultimately result in land disturbance of more than five (5) acres. As added by P.L.248-2019, SEC.14. IC 13-18-27-8 "MS4 community" Sec. 8. As used in this chapter, "MS4 community" means a county, city, or town that: (1) owns, operates, or maintains a regulated municipal separate storm sewer system (MS4); and (2) administers a program under which construction plans relating to construction projects in locations within the boundaries of the MS4 community are reviewed and given a favorable or unfavorable determination. As added by P.L.248-2019, SEC.14. IC 13-18-27-9 "Project site owner" Sec. 9. As used in this chapter, "project site owner" means the person required to comply with 327 IAC 15-5, the general permit, or the applicable ordinance of an MS4 community with respect to a construction project. The term includes the following: (1) A developer. (2) A person who has financial and operational control of construction activities and construction project plans and specifications, including the ability to make modifications to those plans and specifications. As added by P.L.248-2019, SEC.14. IC 13-18-27-10 "Review authority" Sec. 10. As used in this chapter, "review authority" means either of the following: (1) A soil and water conservation district or another entity designated by the department. (2) An MS4 community, in the case of a construction project in a location within the boundaries of the MS4 community. As added by P.L.248-2019, SEC.14. IC 13-18-27-11 "Sedimentation" Sec. 11. As used in this chapter, "sedimentation" means the settling and accumulation of unconsolidated sediment carried by storm water runoff. As added by P.L.248-2019, SEC.14. IC 13-18-27-12 "Small construction activity site" Indiana Code 2019 Sec. 12. As used in this chapter, "small construction activity site" means: (1) a site at which construction activities result in land disturbance of at least one (1) but less than five (5) acres; or (2) a site: (A) at which construction activities result in land disturbance of less than one (1) acre; but (B) that is part of a larger common plan of development or sale in which construction activities will ultimately result in land disturbance of at least one (1) but less than five (5) acres. As added by P.L.248-2019, SEC.14. IC 13-18-27-13 "Trained individual" Sec. 13. As used in this chapter, "trained individual" means an individual who is trained and experienced in the principles of storm water management, including erosion and sediment control, as demonstrated by: (1) the completion of course work; (2) state registration; (3) professional certification; or (4) annual training; that enables the individual to make judgments concerning storm water management, storm water treatment, and storm water monitoring. As added by P.L.248-2019, SEC.14. IC 13-18-27-14 "Very small construction activity site" Sec. 14. As used in this chapter, "very small construction activity site" means a site at which construction activities result in land disturbance of less than one (1) acre. As added by P.L.248-2019, SEC.14. IC 13-18-27-15 Restriction on MS4 community's erosion and sediment control measures Sec. 15. (a) Except as provided in subsection (b), an MS4 community may not require erosion and sediment control measures that are more stringent than the erosion and sediment control measures required by 327 IAC 15-5 or the general permit. (b) An MS4 community may require erosion and sediment control measures at a very small construction activity site even if requiring erosion and sediment control measures at a very small construction activity site is not required by 327 IAC 15-5 or by the general permit. However: (1) the erosion and sediment control measures required by an MS4 community at a very small construction activity site may not be more stringent than the erosion and sediment control measures required by 327 IAC 15-5 or by the general permit at a small construction activity site; and (2) the review authority to which a construction plan for a very small construction activity site is submitted is subject to the time limit set forth in section 16 of this chapter for notifying the project site owner of the review authority's preliminary determination concerning the construction plan. As added by P.L.248-2019, SEC.14. IC 13-18-27-16 Time limit for review authority's preliminary determination of whether construction plan is substantially complete Sec. 16. (a) A review authority to which a construction plan is submitted must make a preliminary determination whether the construction plan is substantially complete before the end of: (1) the tenth working day after the day on which the construction plan is submitted to Indiana Code 2019 the review authority, in the case of a small or very small construction activity site; or (2) the fourteenth working day after the day on which the construction plan is submitted to the review authority, in the case of a large construction activity site. (b) If a review authority to which a construction plan is submitted under subsection (a): (1) makes a preliminary determination that the construction plan is substantially complete; and (2) notifies the project site owner of its favorable preliminary determination; before the end of the tenth working day after the day on which the construction plan is submitted to the review authority, in the case of a small or very small construction activity site, or the fourteenth working day after the day on which the construction plan is submitted to the review authority, in the case of a large construction activity site, the project site owner may submit a notice of intent letter including the information required by 327 IAC 15-5-5 or the general permit and, forty-eight (48) hours after submission of the notice of intent letter, may begin the construction project, including the land disturbing activities of the construction project. (c) If a review authority to which a construction plan for a small or very small construction activity site or a large construction activity site is submitted under subsection (a) does not notify the project site owner before the end of the tenth working day after the day on which the construction plan is submitted to the review authority, in the case of a small or very small construction activity site, or the fourteenth working day after the day on which the construction plan is submitted to the review authority, in the case of a large construction activity site, of its preliminary determination as to whether the construction plan is substantially complete, the project site owner may submit a notice of intent letter including the information required by 327 IAC 15-5-5 or the general permit and, forty-eight (48) hours after submission of the notice of intent letter, may begin the construction project, including the land disturbing activities of the construction project. (d) If a review authority to which a construction plan is submitted under subsection (a) notifies the project site owner before the end of the tenth working day after the day on which the construction plan is submitted to the review authority, in the case of a small or very small construction activity site, or the fourteenth working day after the day on which the construction plan is submitted to the review authority, in the case of a large construction activity site, of its preliminary determination that the construction plan is not substantially complete, the project site owner may not submit a notice of intent letter until the review authority makes a conclusive favorable determination concerning the construction plan under 327 IAC 15-5, the general permit, or the applicable ordinance of the MS4 community. (e) If a review authority to which a construction plan is submitted under subsection (a): (1) makes a preliminary determination that the construction plan is substantially complete; and (2) makes a conclusive unfavorable determination concerning the construction plan under 327 IAC 15-5, the general permit, or the applicable ordinance of the MS4 community; the land disturbing activities of the construction project must stop when the review authority notifies the project site owner of the review authority's conclusive unfavorable determination concerning the construction plan. As added by P.L.248-2019, SEC.14. IC 13-18-27-17 Trained individual to make or supervise making of determination concerning construction plan Sec. 17. (a) This section does not apply to an individual employed on July 1, 2019, to review and make conclusive determinations concerning construction plans submitted to an MS4 community. (b) An individual who reviews and makes a conclusive determination concerning a construction plan submitted to an MS4 community must be: Indiana Code 2019 (1) a trained individual; or (2) an individual working under the direct supervision of a trained individual. As added by P.L.248-2019, SEC.14. IC 13-18-27-18 Limitation on authority of MS4 community to order construction project to stop Sec. 18. (a) If: (1) an MS4 community has made a conclusive favorable determination concerning a construction plan; and (2) work on the construction project has begun; the MS4 community may not order work on the construction project to stop on the grounds that the erosion and sediment control measures included in the construction plan are not adequate unless the project site owner is notified in writing of the inadequacies that the MS4 community perceives in the erosion and sediment control measures and the perceived inadequacies are not resolved within seventy-two (72) hours after the project site owner receives the written notice. (b) This section does not prohibit an MS4 community from ordering work on a construction project to stop if the project site owner is creating a public health hazard or a safety hazard. As added by P.L.248-2019, SEC.14. IC 13-18-27-19 General permit must be consistent with this chapter Sec. 19. The general permit, to the extent allowed under federal law, must recognize and be consistent with the provisions of this chapter, including: (1) the prohibition in section 15 of this chapter against an MS4 community imposing erosion and sediment control measures on a construction project within the boundaries of the MS4 community that are more stringent than the erosion and sediment control measures established by the general permit; (2) the provisions of section 16 of this chapter under which a project site owner may begin a construction project: (A) if the review authority, under section 16(b) of this chapter, makes and notifies the project site owner of its preliminary determination that the construction plan is substantially complete; or (B) if the review authority does not make a preliminary determination whether the construction plan is substantially complete within the period allowed by section 16(c) of this chapter; (3) the qualifications established by section 17 of this chapter for an individual who reviews and makes a conclusive determination concerning a construction plan submitted to an MS4 community; and (4) the limitation in section 18 of this chapter on the authority of an MS4 community to order the stoppage of work on a construction project after the MS4 community has made a conclusive favorable determination concerning the construction plan for the construction project. As added by P.L.248-2019, SEC.14. Indiana Code 2019