Section 327IAC15-5-2. Applicability of general permit rules

   (a) The requirements under this rule apply to all persons who:

(1) do not obtain an individual NPDES permit under 327 IAC 15-2-6;

(2) meet the general permit rule applicability requirements under 327 IAC 15-2-3; and

(3) are involved in construction activity, except operations that result in the land disturbance of less than one (1) acre of total land area as determined under subsection (h) and are not part of a larger common plan of development or sale.

  (b) The requirements under this rule do not apply to persons who are involved in:

(1) agricultural land disturbing activities; or

(2) forest harvesting activities.

  (c) The requirements under this rule do not apply to the following activities, provided other applicable permits contain provisions requiring immediate implementation of soil erosion control measures:

(1) Landfills that have been issued a certification of closure under 329 IAC 10.

(2) Coal mining activities permitted under IC 14-34.

(3) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the department under 329 IAC 10 that contains equivalent storm water requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.

  (d) The project site owner shall do the following:

(1) Complete and submit:

(A) an NOI; and

(B) a construction plan in accordance with section 6 of this rule.

(2) Ensure compliance with this rule during:

(A) the construction activity; and

(B) implementation of the construction plan.

(3) Submit a notice of termination letter (NOT) in accordance with section 8 of this rule.

(4) Ensure that all persons engaging in construction activities on a permitted project site comply with the applicable requirements of this rule and the approved construction plan.

  (e) For off-site construction activities that provide services (for example, road extensions, sewer, water, and other utilities) to a permitted project site, these off-site activity areas must be considered a part of the permitted project site when the activity is under the control of the project site owner.

  (f) For an individual lot where land disturbance is expected to be one (1) acre or more and the lot lies within a project site permitted under this rule, the individual lot owner shall:

(1) complete his or her own notice of intent letter; and

(2) ensure that a sufficient construction plan is completed and submitted in accordance with section 6 of this rule.

  (g) For an individual lot where the land disturbance is less than one (1) acre and the lot lies within a project site permitted under this rule, the individual lot operator shall comply with:

(1) the provisions and requirements of the plan developed by the project site owner; and

(2) section 7.5 of this rule.

A separate notice of intent letter and construction plan are not required to be submitted.

  (h) Multi-lot project sites shall be regulated as follows:

(1) A determination of the area of land disturbance shall be calculated by adding the total area of land disturbance for improvements, such as roads, utilities, or common areas, and the expected total disturbance on each individual lot, as determined by the following:

(A) For a single-family residential project site where the lots are one-half (0.5) acre or more, one-half (0.5) acre of land disturbance must be used as the expected lot disturbance.

(B) For a single-family residential project site where the lots are less than one-half (0.5) acre in size, the total lot must be calculated as being disturbed.

(C) For all other types of project sites, such as industrial and commercial project sites, lot disturbance shall be calculated as follows:

(i) Where lots are one (1) acre or greater in size, a minimum of one (1) acre of land disturbance shall be the expected lot disturbance.

(ii) Where the lots are less than one (1) acre in size, the total lot must be calculated as being disturbed.

(2) For purposes of this rule, strip developments:

(A) are considered as one (1) project site; and

(B) must comply with this rule;

unless the total combined disturbance on all individual lots is less than one (1) acre and is not part of a larger common plan of development or sale.

  (i) Submittal of a NOI and construction plans is not required for construction activities associated with a single-family residential dwelling disturbing less than five (5) acres when the dwelling is not part of a larger common plan of development or sale. Provisions in section 7(b)(1) through 7(b)(5), 7(b)(10) through 7(b)(17), 7(b)(19), and 7(b)(20) of this rule shall be complied with throughout construction activities and until the areas are permanently stabilized.

  (j) The commissioner may waive the permit requirements under this rule for construction activities that disturb less than five (5) acres if the applicant certifies that:

(1) a total maximum daily load (TMDL) for the pollutants of concern from storm water discharges associated with construction activity indicates that controls on construction site discharges are not needed to protect water quality; or

(2) in receiving waters that do not require a TMDL study, an equivalent analysis demonstrates water quality is not threatened by storm water discharges, and it has been determined that allocations for the pollutants of concern from the construction site discharges are not needed to protect water quality based on consideration of existing in-stream concentrations, expected growth in pollutant contributions from all sources, and a margin of safety.

(Water Pollution Control Division; 327 IAC 15-5-2; filed Aug 31, 1992, 5:00 p.m.: 16 IR 23; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; filed Oct 27, 2003, 10:15 a.m.: 27 IR 833; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; filed Oct 9, 2015, 4:07 p.m.: 20151104-IR-327100659FRA)