Title 13, TITLE 13. ENVIRONMENT

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.

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 MS…

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.

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 l…

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) profes…

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.

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 requi…

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 o…

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 concl…

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 gro…

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 co…

Sec. 2. As used in this chapter, "construction activities" include clearing, grading, and excavating. As added by P.L.248-2019, SEC.14.

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 sedime…

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.

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 construction activity. As added by P.L.248-2019, SEC.14.

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.

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 le…

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 locatio…

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 …