October 2010

The Indiana Department of Environmental Management (IDEM) issues storm water permits to regulate construction activities (327 IAC 15-5 (Rule 5)) and industrial activities (327 IAC 15-6-2 (Rule 6)) targeting storm water runoff. This article will identify which industrial facilities are regulated by Rule 6, what activities require a Rule 5 construction permit and the requirements of regulated entities subject to these rules.

Construction/Land Disturbance
Rule 5 is a performance-based regulation designed to reduce pollutants associated with construction or land-disturbing activities. The requirements of Rule 5 apply to facilities involved in construction activity resulting in the disturbance of one or more acres of total land area. Examples of construction activity include clearing, grading, excavation and other land disturbing activities.     

Rule 5 requires submittal of a construction plan with the Storm Water Pollution Prevention Plan (SWPPP) included to the local Soil and Water Conservation District (SWCD). The SWPPP must address the following issues:

• How will erosion and sedimentation be controlled?
• How will pollutants associated with construction activity be controlled?
• How will pollutants associated with the post construction land use be controlled?

IDEM administers the Rule 5 program through a general permit. The application for the general permit is the submission of a Notice of Intent (NOI). The NOI is a form notifying IDEM of the facility’s intent to discharge storm water associated with construction activity. Included with the NOI submittal is a fee, proof of publication and verification from the review authority that the plan meets with the requirements of Rule 5.

The last step in the Rule 5 process is to submit a Notice of Termination (NOT) to IDEM and the local SWCD when the construction project has been completed.

Industrial Storm Water Permitting
IDEM administers a Rule 6 general permit program targeting storm water runoff associated with industrial activities. Rule 6 identifies the group of North American Industry Classification System (NAICS) codes applicable to the Rule 6 general permit requirements. Obtaining a Rule 6 general permit requires the following steps:

• Submit a NOI form
• Develop a SWPPP
• Submit a SWPPP certification checklist
• Conducting annual storm water sampling
• Submit the annual storm water Discharge Monitoring Report (DMR) form
• Submit the annual report using IDEMs form

The first step in complying with the requirements of Rule 6 is to submit a NOI form to IDEM. The NOI submittal must include a proof of publication of the facility’s intent to discharge storm water associated with industrial activity from the largest circulating local newspaper. The NOI must also include the application fee.

Secondly, a SWPPP needs to be developed. The SWPPP is used to identify potential storm water pollutants exposed to storm water and also establish best management practices (BMPs) that will minimize the pollutants transported in storm water run-off. The SWPPP also contains pollution prevention team members; a topographic map of the facility area; a site plan; a soil map of the facility area; BMPs; a preventative maintenance program; a spill response program; quarterly inspections; a non-storm water assessment; and, a comparison of sampling results.

Next, a SWPPP checklist must be submitted to IDEM within 365 days of the NOI submittal. This checklist certifies the facility has completed and implemented a SWPPP.

Then, the applicant must conduct annual storm water sampling. During each year of the permit term, facilities are required to collect storm water samples from a qualifying rain event. The samples must be sent to a lab and analyzed for a specified set of sampling parameters. After the results are received, the facility has 30 days after receipt of the analytical results to submit the Discharge Monitoring Report (DMR) form to the IDEM.

The final step is to submit an annual report to the IDEM. A Rule 6 regulated facility must submit the annual report form to the IDEM by the permit affective date on a yearly basis. The permit affective date can be found on the facility’s Notice of Sufficiency (NOS) received from IDEM following the NOI submittal. In years two to five of the permit coverage, the facility is required to compare sampling data results with previous years as part of the annual report submittal.

© August Mack Environmental, Inc.

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