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:

Terms Used In Indiana Code 13-18-27-15

  • construction plan: means a written plan that:

    Indiana Code 13-18-27-3

  • erosion: means the detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity. See Indiana Code 13-18-27-4
  • general permit: refers to the general permit issued by the commissioner or the department in accordance with 40 C. See Indiana Code 13-18-27-6
  • 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. See Indiana Code 13-18-27-9
  • review authority: means either of the following:

    Indiana Code 13-18-27-10

  • small construction activity site: means :

    Indiana Code 13-18-27-12

  • very small construction activity site: means a site at which construction activities result in land disturbance of less than one (1) acre. See Indiana Code 13-18-27-14
(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.

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