HomeMy WebLinkAboutIDEM approvals
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lNDrAJ~;A DEPARTMENT OF ENVIRO' .i"aENTAL
We make Indiana a cleaner, healthier place to live
FmllkaBannon
Governor
JohnM Hamilton
Commissioner
TO:
FROM:
MEMORANDUM
Interested Parties /~ Alicant
Paul Dubenetzky
Chief, Permits Branch
Office of Air Management
Notice of Decision - APPROVAL
SUBJECT :
Please be advised that on behalf of the Commissioner of the Department
of Environmental Management, I have issued a decision regarding the
enclosed matter. Pursuant to IC 4-21.5-3-S(f), this order will become
effective within eighteen (18) calendar daysc from the mailing of this
notice unless a petition for review and a petition for stay of
effectiveness is filed.
If you wish to challenge this decision, IC 4-21.5-3-7 requires that you
file a petition for administrative review. This petition may include a
request for stay of effectiveness and must be submitted to the Office of
Environmental Adjudication, ISTA Building, 150 W. Market Street, Suite
618, Indianapolis, IN 46204, within eighteen (18) calendar days from the
mailing of this notice. The filing of a petition for administrative
review is complete on the earliest of the following dates that apply to
the filing: (1) The date the document is delivered to the Office of
Environmental Adjudication (OEA). (2) The date of the postmark on the
envelope containing the document, if the document is mailed to OEA by
U.S. mail. (3) The date on which the document is deposited with a
private carrier, as shown by receipt issued by the carrier, if the
document is sent to the OEA by private carrier.
The petition must include facts demonstrating that you are either the
applicant, a person aggrieved or adversely affected by the decision or
otherwise entitled to review by law. Please identify the permit,
decision, or other order for which you seek review by permit number,
name of the applicant, location, date-of this notice and the following:
(1) the name and address of the person making the request; (2) the
interest of the person making the request; (3) identification of any
persons represented by the person making the request; (4) the reasons,
with particularity, for the request; (5) the issues, with particu~
larity, proposed for consideration at any hearing; (6) identification
of the terms and conditions which, in the judgment of the person making
the request, would be appropriate in the case in question to satisfy the
requirements of the law governing documents of the type issued by the
Commissioner.
Pursuant to IC 4-21.S-3-5(d), the Office of Environmental Adjudication
will provide you with notice of any prehearing conferences, preliminary
hearing, hearings, stays, or orders disposing of the review of this
decision if a written request is submitted to the Office of
Environmental Adjudication -at the above address. If you have procedural
or scheduling questions regarding your petition, you may contact the
Office of Environmental Adjudication at 317-232-8591. If you have any .
other questions regarding the enclosed document, please contact the
Office of Air Management (OAM) at 317-233-0178.
Attachment
PNPERAM. WPD
1/22/97
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An Equal Opportunity Employer
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FmnkOBannon
Governor
lNDJt~~'~ DEPARTMENT OF ENVlROiJ:'iffiNTAL MANAGENJENT
We make Indiana a cleaner, healthier place to live
JohnM Hamz1ton
Commissioner
Via Certified Mail
100 North Senate Avenue
P.O. Box 60/5
Indianapolis. Indiana 46206-60 15
(317) 232-8603
(800) 451-6027
www.ai.orgJidem
Max Williams
American Aggregates Corporation
c/o Martin Marietta Aggregates
P.O. Box 549
Carmel, IN 46032
June 17, 1998
Re:
Source SpecifiC Operation Status
S 057-9814-00034 .
Dear Mr. Williams:
Your application for Source Specific Operation Status was received on June 02, 1998 and has been
reviewed. Based on the data submitted and the provisions in Section 1 of 326 lAC 2-1, it has been
determined that your emission source, a stationary sand and gravel operation located at 11010 River Road,
Indianapolis, Indiana 46280, has met the criteria required to obtain a Source Specific Operating Agreement.
The terms and conditions of this approval supersede all terms and conditions in all registrations and permits,
including constructions permits, issued for the above described operation(s) prior to the effective date of this
approval. All terms and conditions in such registrations and permits are no longer in effect.
Pursuant to IC 4-21.5-3-5(a) and (b), approval of this Source Specific Operating Agreement shall not
be effective until fifteen (15) days from the date of this letter.
The facilities and processes of this source are hereby granted the Source Specific Operating
Agreement provided that the following requirements of 326 lAC 2~9 are satisfied:
Section A:
Sand and Gravel Operation: [326 lAC 2-9-7]
1. The sand and gravel operation shall have no more than twelve (12) crushers, twenty-four (24)
screens, and one (1) conveying operation.
2. The sand and gravel operation annual throughput shall be less than three million one hundred
thousand (3,100,000) tons per year.
3. The source shall keep and maintain throughput records for the previous twelve (12) months, based
on a monthly rolling total. These records shall be maintained for a minimum period of five (5) years,
and made available upon request of the Office of Air Management (OAM).
4. Wet process or continuous wet suppression shall be used.
5. All equipment that generate particulate matter (PM) emissions and any associated control devices
shall be operated and maintained at all times of plant operation, in such a manner, as to meet all of
the requirements of this Source Specific Operating Agreement.
6. The visible emissions from the screening and conveying operation shall not exceed an average of
ten percent (10%) opacity in twenty-four (24) consecutive readings in a six (6) minute period.
Compliance with this limitation shall be determined by 40 CFR 60, Appendix A, Method 9.
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An Equal Opportunity Employer
Pl<ase Rec,cu 0
American Aggregates Corporation
Indianapolis, Indiana
Reviewer Name: Marco A. Salenda
Page 2 of 4
S 057-9814-00034
7. The visible emissions from the crushing operation shall not exceed an average of fifteen percent
(15%).opacity in twenty-four (24) consecutive readings in a six (6) minute period. Compliance with
this limitation shall be determined by 40 CFR 60, Appendix A, Method 9.
8. The fugitive particulate matter (PM) emissions of this source shall be controlled by applying water on
all storage piles and unpaved roadways on an as needed basis, such that the following visible
emission conditions are met:
(a) The visible emissions from any storage pile shall not e~ceed twenty percent (20%) in twenty-
four (24) consecutive readings in a six (6) minute period. This limitation shall not apply
during periods when application of control measures are ineffective or unreasonable due to
sustained high wind speeds. The opacity shall be determined using 40 CFR 60, Appendix A,
Method 9, except that the opacity shall be observed at approximately four (4) feet from the
surface at the point of maximum opacity. The observer shall stand at least fifteen (15) feet,
but no more than one-fourth (1/4) mile, from the plume and at approximately right angles to
the plume.
(b) The visible emissions from unpaved roadways shall not exceed an average instantaneous
opacity of twenty percent (20%). Average instantaneous opacity shall be the average of
twelve (12) instantaneous opacity readings, taken for four (4) vehicle passes, consisting of
three (3) opacity readings for each vehicle pass. The three (3) opacity readings for each
vehicle pass shall be taken as follows:
(i) The first reading shall be taken at the time of emission generation.
(ii) The second reading shall be taken five (5) seconds after the first.
(Hi) The third reading shall be taken five (5) seconds after the second reading, or ten
(10) seconds after the first reading.
The three (3) readings shall be taken approximately four (4) feet from the surface at the
point of maximum opacity. The observer shall stand at least fifteen (15) feet, but no more
than one-fourth (1/4) mile, from the plume and at approximately right angles to the plume.
9. The fugitive particulate emissions at the sand and gravel operation shall not escape beyond the
property lines or boundaries of the source property, right of way, or easement on which the source is
located pursuant to 326 lAC 6-4.
Section B:
General Requirements: [326 lAC 2-9-1]
1. The source shall provide an annual notice to the commissioner, stating that the source is in.
operation, and certifying that its operations are in compliance with the requirements of this Source
Specific Operating Agreement. The above annual notice shall be submitted to:
Compliance Data Section
Office of Air Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, IN 4620s.6015
no later than January 30 of each year, with the annual notice being submitted in the format attached.
2. Any exceedance of any requirement contained in this operating agreement shall be reported, in
writing, within one (1) week of its occurrence. Said report shall include information on the actions
taken to correct the exceedance, inclUding measures to reduce emissions, in order to comply with
the established limits. If an exceedance is the result of a malfunction, then the provisions of 326 lAC
1-6 apply.
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Americ;:an Aggregates Corporation
Indianapolis, Indiana
Reviewer Name: Marco A. SaJenda
Page 3 of 4
. S 057-9814-00034
3. Pursuant to 326 lAC 2-9-1 (i), the owner or operator is hereby notified that this operating agreement
does not relieve the permittee of the responsibility to comply with the provisions of any applicable
federal, state, or local rules, or any New Source Performance Standards (NSPS), 40 CFR Part 60, or
National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 CFR Part 61.
Any change or modification which will alter operations in such a way that it will no longer comply with
the applicable restrictions and conditions of this operating agreement, must obtain the appropriate approval
from the Office of Air Management (OAM) under 326 lAC 2-1, 326 lAC _2-2, 326 lAC 2-3, 326 lAC 2-7, and
326 lAC 2-8, before such change may occur.
Si/l)i!lt14
Paul Dubenetzky, Chief
Permit Branch
Office of Air Management
MAS
cc: File - Hamilton County
Air Compliance Section - Ryan Hillman
Permit Tracking - Janet Mobley
Technical Support and Modeling Section - Nancy Landau
":
American Aggregates Corporation
Indianapolis. Indiana
Reviewer Name: Marco A. Salenda
Page 4 of 4
S 057-9814-00034
Source Specific Operating Agreement
Annual Notification
This form should be used to comply with the notification requirements under 326 lAC 2-9.
Company Name: American Aggregates Corporation
Address: 11010 River Road
City: Indianapolis, Indiana 46280
Contact Person:
Phone #:.
SSOA #: S 057-9814-00034
I hereby certify that American Aggregates Corporation is still in operation and is in compliance with the
requirements of Source Specific Operating Agreement (SSOA) S 057-9814-00034.
Name (typed):
Title:
Signature:
Date:
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INDIANA DEPARTMENT OF ENVIRONNfENTALMANAGEMENT
We make Indiana a cleaner, healthier place to live
Lori F. Kaplan
Commissioner
July 6, 2000
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
(317) 232-8603
(800) 451-6027
www.state.in.us/idem
Frank O'Bannon
Governor
Mr. Max Williams
Martin Marietta Materials, Inc.
1980 East 116th Street, Suite 200
P.O. Box 549
Carmel, IN 46032
Re: . Response to Review Request No. A057 -12264
Permit status evaluation
Plant ID: 057-00034
Dear Mr. Williams:
Martin Marietta, located approximately 0.6 miles south of 116th Street on the west side of Hazel
Dell Parkway, is operating under a source specific operating agreement (SSOA) for a sand and gravel
operation. A letter requesting a decision on the applicability of a construction permit for the relocation of
existing units at the source was received on May 11, 2000.
IDEM, Office of Air Management (OAM) has determined that prior approval is not required, for the
relocation of existing permitted equipment will remain on the same property upon which the equipment
was initially permitted. If additional equipment is required at the source, which is not approved under the
SSOA, prior approval will be necessary.
Questions should be directed to Daniel Harper, OAM, 100 North Senate Avenue, P.O. Box 6015.
Indianapolis, Indiana, 46206-6015, or call (800) 451-6027, press 0 and ask for Daniel Harper or extension
2-8253, or dial (317) 232-8253.
DH
cc: File - Hamilton County
Hamilton County Health Department
Air Compliance - Marc Goldman
Permit Tracking - Janet Mobley
Technical Support and Modeling - Michele Boner
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An Equal Opportunity Employer
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INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
We make Indiana a cleaner, healthier place to live.
December 20,2001
Frank O'Bannon
Governor
Lori F. Kaplan
Commissioner
Dear Storm Water General Permit Applicant:
Re: Notice of Sufficiency
Carmel Sand
Hamilton County
The Notice ofIntent (NOr) letter submitted to the Indiana Department of Environmental Management (IDEM)
for the above-mentioned project is sufficient to comply with the NOr letter requirements of 327 IAC 15-5 (Rule
5). Enclosed please find a copy of Rule 5, the NPDES General Permit for Storm Water Runoff Associated with
Construction Activity. You must comply with all of the requirements of this rule. In accordance with 327
lAC 15-5-10, you are required to implement your Soil Erosion Control Plan, maintain the erosion control
structures until your project is complete, and amend your NOI as dates or other fact~ are altered.
The name of this project is Carmel Sand and is located in Hamilton County. This name and county name should
be included on any type of correspondence that is submitted to IDEM pertaining to this project.
_ If marked with an X, please review the enclosed sheet titled "Developer's Continuing Responsibility" and
submit an amended timetable which includes home or building construction, installation of roads and utilities,
and revegetation of cleared areas after all construction is complete.
NOTE: This Notice of Sufficiency does not constitute approval of your Erosion/Sediment Control Plan
(E/SCP), nor does it supersede the requirements of your local Soil & Water Conservation District
Office (SWCD) or the Indiana Department of Natural Resources, Division of Soil Conservation
(DNR). Questions regarding the development or implementation of the E/SCP may be directed to the
local county SWCD or if you are unable to reach the SWCD, please contact DNR at 317/233-3870.
Any other questions regarding Rule 5 requirements may be directed to the IDEM Rule 5 Coordinator
at 317/233-1864 ar 800/451-6027 ext.31864. For info and forms visit:
www.state.in.us/idemlowmlfacmang/stornvstormindex.html
Sincerely,
~'k~.
Reggie Baker, Jr., Chief
Urban Wet Weather Section
Office of Water Quality
Enclosure
NOTE: An approved Erosion & Sediment Control (E/SC) Plan and a complete Notice of Intent are both required
for compliance with Rule 5. The following items have been received and approved by the appropriate agencies:
NOI Your EISC Plan has either not been received or has not yet been approved by the Hamilton County SWCD.
Contact the SWCD with questions about the EISC Plan review.
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(8) "Site" means the entire area included in the legal description of the land on which land-disturbing
activity is to be performed. '
(Water Pollution Control Board; 327 lAC 15-5-4; filed Aug 31, 1992,5:00 p.m.: 16IR 23)
327 IAC 15-5-5 Additional NO! letter requirements
Authority: IC 13-1-3~; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-1
.Affected: IC 13-1-3; IC 13-7
Sec. 5. In addition to the NO! letter requirements under 327 IAC 15-3, the following information must be
submitted by the operator with a NOI letter under this rule:
(1) A brief description of the construction project, including, but not limited to, a statement of the total
acreage of the site. .
(2) Estimated timetable for land disturbing activities and installation of erosion control measmes.
(3) Statement of the number of acres to be involved in land distUIbing activities.
(4) A written certification by the operator that
(A) the erosion control measmes included in the erosion control plan comply with the
requirements under sections 7 and 9 of this rule and that the plan complies with applicable state,
county, or local erosion Control requirements;
(B) the erosion control measures will be implemented in accordance with the plan; -
(C) verification that an appropriate state, county, or local erosion control authority and the soil and
watet conservation district office have been sent a copy of the plan for review; and
(D) verification that implementation of the erosion control plan will be conducted by personnel
trained in erosion control practices.
(5) Proof of publication in a newspaper of general circulation in the affected area that notified the public
that a construction activity under this role is to commence. _
(Water Pollution Control Board; 327 lAC 15-5-5; filed Aug 31, 1992, 5:00 p.m.: 16 IR 24; errata filed Sep 10,
1992, 12:00p.m.: 16IR 65)
327 IAC 15-5-6 Deadline for submittal of a NO! letter; additional infonnation
Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7;IC 13-7-10-1
.Affected: IC 13-1-3; IC 13-7
Sec. 6. All information required under 327 IAC 15-3 and section 5 of this rule shall be submitted to the
commissioner prior to the initiation of land disturbing activities. (Water Pollution Control Board; 327 lAC 15-5-6;
filed Aug 31, 1992, 5:00p.m.: 16 IR 24)
327 IAC 15-5-7 General conditions for construction activity erosion control measmes
Authority: IC 13-1-3-4; IC 13-1-3-7; Ie 13-7-7; Ie 13-7-10-1
.Affected: IC 13-1-3; IC 13-7
Sec. 7. (a) The operator shall develop an erosion control plan in accordance with the requirements Wlder
this section. '
(b) The following requirements shall be met on all sites during the period when active land mStmbing
activities occur:
(1) Sediment-laden water which otherwise would flow from the site shall be detained by erosion, control
practices appropIiate to m1niml'T.e sedTmP.T1tBtion in the receiving stream. No storm water shall be
discharged from the site in a manner causing erosion in the receiving channel at the point of discharge.
(2) Appropriate measures shall be taken by the. operator to minil1117-e or eliminate wastes or unused building
materials, including, but not limited to, garbage, debris, cleaning wastes, wastewater, and other substances
from being carried from a site by nm-off. Proper disposal or management of all wastes and unused building
materials, applopriate to the nature of the waste or material, is required.
(3) Sediment being.tracked from a site onto public or private roadways shall be mlnimi7.ed. This can be
accomplished initially by a temporary gravel construction entrance in addition to a well-planned layout of
roads, access drives, and parking areas of sufficient width and length. or other appropriate measmes.
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(4) Public or private roadways shall be kept cleared of accumulated sediment. Bulk clearing of accumulated
sediment shall not include flushing the area with water. Cleared sediment shall be returned to the point of
likely origin or other suitable location.
(5) All on-site storm drain inlets shall be protected against sedimentation with straw bales, filter fabric, or .
equivalent barriers meeting accepted design criteria, standards, and specification for that purpose.
(6) The following items apply during the time the construction activity is taking place:
(A) Storm water drainage frOm adjacent areas that naturally pass through the site shall be
controlled by diverting it around disturbed areas. Alternatively, the existing channel must be
protected and/or improved to prevent erosion or sedimentation from occurring.
(B) Run-off from a distuxbed area shall be controlled by one (1) or more of the following
measures:
(i) Except as prevented by inclement weather conditions or other circumstances beyond
the control of the operator, appropriate vegetative practices will be initiated within seven
(7) days of the last land disturbing activity at the site regulated by this rule. Appropriate
vegetative practices include, but are not limited to, seeding, sodding, nmlching, covering,
or. by other equivalent erosion control measures.
(ii) The ~sion control plan shall be implemented on disturbed areas within the
construction site. The plan shall include erosion control measures as appropriate, such as,
but not limited to, the followi.ng:
(AA) Sediment detention basins.
(BB) Sediment control practices, such as filter strips, diversions, straw bales,
filter fences, inlet protection measures, slope minimi'T.ation, phased construction,
maximizing tree coverage, temporary and permanent seeding of vegetation,
mulching, and sodding.
All measures involving erosion control practices shall be designed and installed under the
guidance. of a qualified professional experienced in erosion control and following the
specifications and criteria under this subsection. All other nonengineered erosion control
measures involving vegetation should be installed according to accepted specifications
and criteria under this subsection.
(c) During the period of construction activity at a site, all erosion control measures necessary to meet the
requirements of this rule shall be mainmlJ1ed by the operator.
(d) All erosion control measures required -to comply with this role sball meet the design criteria, standards,
and specifications for erosion control measures established by the department in guidance documents similar to, or
as effective as, those outlined in the Inniana Handbook for Erosion Control in Developing Areas from the division of
soil conservation, Indiana department of natural resources and' the. Field Office Technical Guide from the Soil
Conservation Service. The erosion control plan shall include, but is not limited to, the following:
(1) A map of the site in adequate detail to show the site and adjacent areas, including the following:
(A) Site boundaries and adjacent lands which accurately portray the site location.
(B) Lakes, streams, channels, ditches, wetlands, and other water courses on and adjacent to the
site.
(C) One hundred (100) year floodplains, floodway fringes, and floodways.
(D) Location of the predominant soil types which may be determined by the United States
Deparbnent of Agriculture, SCS County Soil Survey, or an equivalent publication, or as
detennined by a certified professional soil scientist. -
(E) ~tion and delineation of vegetative cover such as grass, weeds, brush, and trees.
(F) Location and approximate dimensions of storm water drainage systems and natural drainage
patterns on, and immediately adjacent to, the site.
(0) Locations and approximate dimensions of utilities, structures, roads, highways, and paving.
(H) Site topography, both existing and planned, at a contour interval appropriate to indicate
drainage patterns.
(I) Potential areas where point source discharges of storm water may enter ground water, if any.
(2) A plan of final site conditions on the sam,e scale as the existing site map showing the site changes.
(3) A site construction plan shall include, but is not limited to, .the following:
(A) Locations and approximate dimensions of all proposed land disturbing activities.
(B) Potential locations of soil Btockpiles.
(C) Locations and approximate dimensions of all erosion control measures necessary to meet the
requirements of this rule.
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(0) Schedule of the anticipated initiation and completion dates of each land disturbing activity,
including the installation of erosion control measures needed to meet the requirements of this role.
(E) Provisions, including a schedUle, for maintenance of the erosion control measures during
construction.
(F) Where feasible, preserve vegetation that exists on the site prior to the initiation of land
disturbing activities.
(Water Pollution Control Board; 327 lAC 15-5-7; filed Aug 31, 1992, 5:00 p.m.: 16lR 24)
327 IAC 15-5-8 Project tennination
Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-1
Affected: IC 13-1-3; IC 13-7
Sec. 8. (a) The operator shall plan an orderly and timely termination ~fthe land disturbing activities which
shall include the following:
(1) Allowing the installation of utility lines on the site, whenever practicable, prior to final land grading,
seeding, and mulching of the site.
(2) Implementing erosion control measures which are to remain on the site.
(b) The commissioner may, subsequent to termination of a project, inspect the site to evaluate the adequacy
of the remaining erosion control measures.
(c ) Maintenance of the r~a;ni"g erosion control measures shall be the responsibility of the occupier of the
property after the operator has terminated land disturbing activities. (Water Pollution Control Board; 327 lAC 15-5-
8;filedAug 31, 1992,5:00 p.m.: 16lR 25)
327 IAC 15-5-9 Standard conditions
Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-1
Affected: IC 13-1-3; IC 13-7
Sec. 9. The standard conditions for NPDES general permit rules under 327 IAC 15-4 shall apply to this
rule. (Water Pollution Control Board; 327 MC 15-5-9;filedAug 31,1992,5:00 p.m.: 16lR 26)
327 IAC 15-5-10 Inspection and enforcement
Authority: IC 13-13-5-2; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3-1; IC 13-18-3-2; IC 13-18-3-3; IC 13-18-
3-13; IC 13,.18-4-1; IC 13-18-4-3
Affected: IC 13-14-10; IC 13-15-7; IC 13-18-3; IC 13-18-4; IC 13-30
Sec. 10. (a) The department or its designated representative may inspect any.site involved in land
disturbing activities regulated by this mle at reasonable times. The erosion control plan must be readily accessible
for review at the time of the inspection.
(b) All persons engaging in land disturbing activity on a site shall be responsible for complying with the
soil erosion control plan for that site and the provisions of this rule..
(c) The department shall investigate potential violations of this rule to deteIinine which person may be
responsible for the violation. The department shall, if appropriate,' consider public records of ownership, building
permits issued by local tmits of government, and other relevant in.."'brmation, which may include site inspectiQDS, soil
erosion control plans, notices of intent, and other infonnation related to the specific facts and circumstances of the
potential violation. Any person causing or contributing to a violation of any provisions of this rule shall be subject to
enforcement and penalty under IC 13-14-10, IC 13-15-7, ai1d IC 13-30.
(d) If rema;~g erosion control measures are not properly maintained by the person occupying or owning
the property, the department may putSUe enforcement against that peISon for correction of deficiencies under 327
IAC 15-1-4. (Water Pollution Control Board; 327 Me 15-5-10;ji1ed Aug 31,1992,5:00 p.m.: 16lR 26; filed Mar
23,2000,4:15 p.m.: 23lR 1912)
327 IAC 15-5-11 Notification of completion
Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7;IC 13-7-10-1
Affected: IC 13-1-3; IC 13;.7
Sec. 11. The operator shall notifY the commissioner, in writing, upon completion of the construction
activity. (Water Pol/ution Control Board; 327 lAC 15-5-1l;filedAug 31,1992,5:00 p.m.: 16lR 26)
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THE DEVELOPER'S CONTINUING RESPONSffiILITY
The Indiana Department of Environmental Management has determinedthat the development
of a residential or commercial subdivision.is a single construction project. The "land disturbing
activity" of the general permit includes home or building construction as well as the public
improvements, and that the responsibilitY under a general permit is not complete until all homes and
other structures are fully constructed and that there will be no further "land disturbing activity" in
the development. Therefore, the owner or developer continues to be responsible for implementation
of the erosion control plan during home or building construction in the project. The owner or
developer should consider the ramifications of independent builders' practices which may cause a
violation of the requirements and conditions of 327 lAC 15 and the developer's general permit
thereunder. The builder and the builder's subcontractors must be made aware of the importance of
erosion control and the subdivision's erosion control plan so that the builder may comply with the
appropriate erosion control practices. The following is suggested contractual language which may
be utilized in agreements with builders and outlines the responsibility of the individual builders.
Developers should continue to monitor the erosion control practices of all contractors because they
remain primarily responsible to IDEM for compliance with their general permit under 327 lAC 15-5
(Rule 5).
Compliance With the Soil Erosion Control Plan
(a) The Developer has established and implemented an erosion control plan
pursuant to the requirements and conditions of Rule 5 of 327 lAC IS, Storm Water Run-
Off Associated with Construction Activity. Builder acknowledges that Builder has
received a copy of the plan and agrees to take all erosion control measures contained
therein as the plan applies to "land disturbing activity" undertaken by Builder or Builder's
subcontractors, and agrees to comply with the terms of the Developer's general permit
under Rule 5 as well as all other applicable state, county or local erosion control
authorities. All erosion control measures shall be performed by personnel trained in
erosion, control practices and shall meet the design criteria, standards, and specifications
for erosion control measures established by the Indiana Department of Environmen!al
Management in guidance documents similar to, or as effective as, those outlined in the
Indiana Handbook for Erosion Control in Developing Areas from the Division of Soil
Conservation, Indiana Department of Natural Resources.
(b) The Builder shall indemnify and hold Developer harmless from and against all
liability, damage, loss, claims, demands and actions of any nature whatsoever which may
arise out of or are connected with, or are claimed to arise out of or connected with, any
work done by Builder, Builder's employees, agents, or subcontractors which is not in
compliance with the erosion control plan implemented by the Developer.