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IN HB1266
Bill
Status
5/5/2019
Primary Sponsor
Doug Miller
Click for details
AI Summary
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Establishes mandatory review timelines for construction plans: 10 working days for small sites (1-5 acres) and very small sites (under 1 acre), 14 working days for large sites (5+ acres), after which project owners may proceed if no determination is issued.
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Prohibits MS4 communities (municipalities with storm sewer systems) from imposing erosion and sediment control measures more stringent than state rules (327 IAC 15-5) or the general permit, with limited exceptions for very small sites.
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Requires individuals reviewing construction plans for MS4 communities (hired after July 1, 2019) to be trained in stormwater management through coursework, state registration, professional certification, or annual training.
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Limits MS4 community authority to stop construction work after approving a plan: written notice of erosion control inadequacies must be provided, and project owners have 72 hours to resolve issues before work can be halted (except for public health/safety hazards).
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Effective July 1, 2019, adds 14 new definitions to the Indiana Code for terms including "construction activities," "erosion," "sedimentation," "project site owner," and "trained individual."
Legislative Description
Sediment and erosion control in construction. Provides that a review authority (an MS4 community or a soil and water conservation district) to which a construction plan is submitted must make a preliminary determination whether the construction plan is substantially complete: (1) before the end of the tenth working day after the day on which the construction plan is submitted in the case of a small construction activity site (one at which construction results in land disturbance of at least one but less than five acres) or very small construction activity site (one at which construction results in land disturbance of less than one acre); or (2) before the end of the fourteenth working day after the day on which the construction plan is submitted in the case of a large construction activity site (one at which construction activities result in land disturbance of at least five acres). Provides that if a review authority to which a construction plan is submitted does not notify the project site owner before the end of the tenth or fourteenth working day (whichever applies) of its preliminary determination whether the construction plan is substantially complete, the project site owner may submit a notice of intent letter and, 48 hours later, may begin the construction project. Provides that an MS4 community may require erosion and sediment control measures at a very small construction activity site but that the control measures may not be more stringent than the control measures required at a small construction activity site by administrative rules or the general permit that will be issued by the department of environmental management (IDEM).Establishes minimum qualifications for an individual who begins employment after July 1, 2019, reviewing and making conclusive determinations concerning construction plans submitted to an MS4 community. Provides that if an MS4 community has made a conclusive favorable determination concerning a construction plan and work on the construction project has begun, the MS4 community may not order work on the construction project to stop on the grounds that the erosion and sediment control measures are not adequate unless the project site owner is notified in writing of the inadequacies and the inadequacies are not resolved within 72 hours. Provides that the general permit that will be issued by the department of environmental management to establish erosion and sediment control requirements for construction sites, to the extent allowed under federal law, must recognize and be consistent with these provisions.
Last Action
Public Law 248
5/5/2019