Indiana Code 13-18-27-18. Limitation on authority of MS4 community to order construction project to stop
(1) an MS4 community has made a conclusive favorable determination concerning a construction plan; and
Terms Used In Indiana Code 13-18-27-18
- 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
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- 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
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.