Indiana- Rule 5 Construction/Land Disturbance Storm Water ...

1 1. Indiana- Rule 5. Construction/Land Disturbance Storm Water Permitting (327 IAC 15-5, Rule 5). 327 IAC 15-5 [PDF] (Scroll to bottom of page 10 to access the Rule) is a performance-based regulation designed to reduce pollutants that are associated with construction and/or land disturbing activities. The requirements of Rule 5 now apply to all persons who are involved in construction activity (which includes clearing, grading, excavation and other land disturbing activities) that results in the Disturbance of one (1) acre or more of total land area. If the land disturbing activity results in the Disturbance of less than one (1) acre of total land area, but is part of a larger common plan of development or sale, the project is still subject to Storm Water permitting.

2 In Indiana most construction projects subject to Rule 5 are administered through a general permit. A general permit is a permit by rule, and as such it is not "issued" in the same manner as an individual NPDES permit would be issued. Rather, Rule 5 was "conditionally issued" to all future "project site owners" at the time that the rule was adopted by the Indiana Water Pollution Control Board. The permit conditions within Rule 5 apply universally to all "project site owners". who are eligible to operate under the rule. Therefore the application for a Rule 5 general permit is called a Notice of Intent, or NOI, because the "applicant" or "project site owner" is essentially notifying IDEM of his or her intent to operate their proposed construction project in a manner consistent with the Rule.

3 The applicant follows all guidelines and requirements for submittal of the general permit, which includes the submittal of a construction Plan and a Notice of Intent. The Notice of Intent must include the fee, notice of publication, and verification from the review authority that the plans meet the requirements of the Rule. Project Site Owner is any developer or other person(s) who has financial and operational control over construction activities and project plans at a construction site, including the ability to modify those plans. If an adverse environmental impact from a project site is evident, a Rule 5 permit or, in more significant situations, an individual Storm Water permit may be required. An individual Storm Water permit is typically required only if IDEM determines the discharge will significantly lower Water quality.

4 If an individual Storm Water permit is required, notice will be given to the project site owner. The Individual Storm Water Permit has its own set of application requirements. Where can I find the Rule for Construction/Land Disturbance permitting? 327 IAC 15-5 (Rule 5) [PDF] (Scroll to the bottom of page 10 to access the Rule). Who is required to comply with 327 IAC 15-5? 2. Applicability How does the Rule 5 permitting process work? Step by Step Process for Compliance with 327 IAC 15-5. What other permits may be required for a Construction/Land Disturbance activity regulated under Rule 5? 401 Water Quality Certification Program construction in the Floodway (DNR, Division of Water ). Quick References to Rule 5 Topics Indiana State Forms The following forms are available on the IDEM Forms page: Rule 5 - Notice of Intent (NOI) - 47487.

5 Rule 5 - Notice of Termination (NOT) Storm Water Runoff Associated With construction Activity - 51514. Additional Topics Notice of Intent (NOI) Submittal Proof of Publication Guidance on Completing the NOI Form Permit Length Permit Renewal Notice of Termination (NOT) Submittal and Eligibility Guidance for construction Plan/ Storm Water Pollution Plan Development construction Plan Submittal and Review Individual Storm Water Permit Requirements Performance Standards (Quality Assurance Program) To be developed at a later date. Identifying Hydrologic Unit Code(s) & Latitude and Longitude Program Contacts Reporting a Complaint or Violation Frequently Asked Questions For more information regarding 327 IAC 15-5 (Rule 5), please contact the IDEM Permits Coordinator.

6 3. Step by Step Process for Compliance with 327 IAC 15-5. IDEM administers Rule 5 in cooperation with local Soil and Water Conservation Districts (SWCDs). The SWCDs play a significant role in implementation of 327 IAC 15-5. In addition, IDEM has also designated several communities (municipalities and/or counties) that are required to develop a local Storm Water program. These entities are referred to as Municipal Separate Storm Sewer Systems or MS4s. If a project lays within one of these MS4 jurisdictions, plan content and submittal processes may vary based on the local ordinance of the MS4. The local MS4 ordinance is required to be as strict as 327 IAC 15-5, therefore compliance with an MS4. ordinance and local requirements should also meet the requirements of 327 IAC 15-5.

7 Where an MS4 has jurisdiction the permittee will be required to meet local ordinance requirements in addition to the items required by 327 IAC 15-5. Following is a step by step process to guide an applicant through the permitting process for projects that will result in land Disturbance of one acre or more. Step 1: Develop a construction Plan for the project site. A construction Plan includes specific elements, including the Storm Water Pollution Prevention Plan. Rule 5 requires the development of a construction Plan. An integral part of the construction Plan is a Storm Water Pollution Prevention Plan. The Storm Water Pollution Prevention Plan addresses several issues. First, the plan outlines how erosion and sedimentation will be controlled on the project site to minimize the discharge of sediment off-site or to a Water of the state.

8 Second, the plan addresses other pollutants that may be associated with construction activity. This can include disposal of building materials, management of fueling operations, etc. Finally, the plan should also address pollutants that will be associated with the post construction land use. construction Plan development should include careful site evaluation and assessment. Each project is unique and, therefore, requires careful planning to ensure the plan is developed for the planned project activities and the characteristics of the site. Requirements for plan development and content are contained within 327 IAC (Scroll to Page 10) and in the guidance document entitled Guidance for construction Plan/ Storm Water Pollution Plan Development.

9 The guidance document not only includes the elements required by the Rule, but a brief description of each element and what is expected to be in the plan. The Indiana Storm Water Quality Manual is also available to assist with the development of the construction Plan. Note: If this project is within the jurisdiction of an MS4 with a certified construction program, additional requirements that are above and beyond the requirements specified in 327 IAC 15-5. may be required as part of the plan. These requirements will be typically based on an MS4. ordinance and may vary from one MS4 to another. 4. Step 2: Submit the construction Plan (see construction Plan Submittal and Review) to the plan review authority. The plan review authority may vary based on local agreements with IDEM (SWCDs).

10 And the existence of an MS4 community. Note: MS4s do not directly administer 327 IAC 15-5, but are required to establish a local program that meets or exceeds the requirements of Rule 5. The local program must include provisions for plan review, site inspection, and enforcement procedures. Is my project within an MS4 Entity with a Certified construction Program? Yes, the construction / Storm Water Pollution Plan should be submitted to the appropriate MS4. Contact information for the MS4 can be obtained at Designated MS4 Entities Currently Permitted. Note: Projects owned or operated by an MS4 must be submitted in accordance with item two (2) below. No, the project is subject to Rule 5 and the plan should be submitted to the local Soil and Water Conservation District (SWCD) with the exception of projects that occur within the counties of Noble and Ohio.