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;

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Terms Used In Indiana Code 13-18-27-19

  • 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 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

(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.