Indiana Erosion Rules During Construction

[FTW]

This post links TWO Indiana State Codes that dictate the rules for construction in excess of 1 acre of land, that will effect storm water run-off.

Hopefully this information will help the citizens of Indiana enlighten local zoning boards or county/city council members as to the legal requirements any solar developer is supposed to follow in order to control erosion and storm water run-off, INCLUDING "weekly" inspections and reports that "may" be available to the public.

It can also give local citizens some ammunition for observing and filing complaints whenever specific rules are being broken during construction. In other words, make the job of constructing these projects as difficult as possible.

I would also encourage residents of other states to post links to the regulations in their state, so that others from your state can fight back too.

Here are a few highlights from these codes.

INDIANA STORM WATER RUN-OFF ASSOCIATED WITH CONSTRUCTION ACTIVITY

Construction Activity Environmental Rules

The person in charge of erosion control is required to follow a schedule of inspection of the control measures - after each storm event as well as on a weekly basis, at a minimum.

The project site owner should:

• Utilize the existing topography to minimize grading.

• Maintain a buffer strip of existing vegetation around the perimeter of the site to reduce off-site erosion and sedimentation.

• Use stair-step grading, diversions, and sediment barriers to break up long, steep slopes.

• Use stabilizing measures, such as seeding temporary or permanent vegetation, sodding, mulching, sediment basins, erosion control blankets, or other protective practices within seven days after the land has been disturbed.

General requirements for storm water quality control

Indiana code 327iac15-5-7


• Appropriate measures shall be implemented to minimize or eliminate wastes or unused building materials, including garbage, debris, cleaning wastes, wastewater, concrete truck washout, and other substances from being carried from a project site by run-off or wind. Identification of areas where concrete truck washout is permissible must be clearly posted at appropriate areas of the site. Wastes and unused building materials shall be managed and disposed of in accordance with all applicable statutes and regulations.

• Public or private roadways shall be kept cleared of accumulated sediment that is a result of run-off or tracking. Bulk clearing of sediment shall not include flushing the area with water.

• The project site owner is responsible for implementing, in accordance with this rule, all measures necessary to adequately prevent polluted storm water run-off.

• Collected run-off leaving a project site must be either discharged directly into a well-defined, stable receiving channel or diffused and released to adjacent property without causing an erosion or pollutant problem to the adjacent property owner.

• Natural features, including wetlands and sinkholes, shall be protected from pollutants associated with storm water run-off.

• Unvegetated areas that are scheduled or likely to be left inactive for fifteen (15) days or more must be temporarily or permanently stabilized with measures appropriate for the season to minimize erosion potential. Alternative measures to site stabilization are acceptable if the project site owner or their representative can demonstrate they have implemented erosion and sediment control measures adequate to prevent sediment discharge. Vegetated areas with a density of less than seventy percent (70%) shall be restabilized using appropriate methods to minimize the erosion potential.

http://inrules.elaws.us/code/327iac15-5-7

https://www.in.gov/indot/files/45_rule.pdf