Erosion and sediment control plan requirements

(a) Notwithstanding any other law to the contrary, it is unlawful for any person to perform, participate in, or allow any development or land disturbing activity that requires a building permit, grading permit, stockpiling permit, or trenching permit without an erosion and sediment control plan that is approved the director. (b) All development and land disturbing activities that require a building permit, grading permit, stockpiling permit, or trenching permit must be performed in compliance with erosion and sediment control plan approved by the director. All project sites subject to an erosion and sediment control plan must be maintained in compliance with the erosion and sediment control plan approved by the director. (c) Erosion and sediment control plans approved by the director must effectively prohibit the discharge of pollutants from construction sites and land disturbing activities to the municipal separate storm sewer system and State waters to the maximum extent practicable. The director may condition the approval of an erosion and sediment control plan on the implementation and maintenance of any best management practices that are intended or designed to address erosion control, run-on control, run-off control, sediment control, pollution control, post-construction pollutant control, low impact development standard or objectives, and water quality. (d) Before accepting an erosion and sediment control plan for review, the director must collect an erosion and sediment plan review fee of $250. If the director requires revisions or alterations to a proposed erosion and sediment control plan, a separate plan review fee of $100 must be collected before review of the revised or amended erosion and sediment control plan. If development or land disturbing activities are commenced before approval of the related erosion and sediment control plan, the director must collect a double plan review fee for each erosion and sediment control plan reviewed by the department. All fees for erosion and sediment control plan review are to be deposited into the general fund. (e) The director may adopt and enforce administrative rules to implement the requirements of this section. (f) Compliance with this section will not relieve a person of responsibility for complying with any other law, including but not limited to ordinances and statutes that prohibit the discharge of pollutants to the municipal separate storm sewer system.