(A) Before an improvement location permit or a certificate of occupancy shall be issued, the Executive Director shall be satisfied that the “operator” (see division (B)(4) below) of any proposed use on a site where construction activity disturbs five acres or more shall comply with the administrative provisions of 327 I.A.C. 15-5 (“Rule 5”). Rule 5 concerns stormwater runoff associated with construction activity.
(B) The purpose of this Rule 5 is to reduce pollutants, principally sediment as a result of soil erosion, in stormwater discharges into surface waters of the state from sites where construction activity disturbs five acres or more of the site; however, in contemplation of recent federal court decisions, persons with sites greater than one acre but less than five acres are invited to comply with this Rule as well.
(Water Pollution Control Board; 327 I.A.C. 15-5-1).
(1) Applicability of Rule 5. The requirements under this Rule apply to all persons who:
(a) Do not obtain an individual NPDES permit under 327 I.A.C. 15-2-6;
(b) Meet the general permit rule applicability requirements under 327 I.A.C. 15-2-3; and
(c) Are involved in construction activity, which includes clearing, grading, excavation, and other land-disturbing activities, except operations that result in the disturbance of less than five acres of total land area and which are not part of a larger common plan of development or sale.
(Water Pollution Control Board; 327 I.A.C. 15-5-2)
(2) General permit rule boundary. Facilities existing within the boundaries of the state affected by this Rule are regulated under this Rule.
(Water Pollution Control Board; 327 I.A.C. 15-5-2)
(3) Compliance with Rule 5. In order to comply with 327 I.A.C. 15-5 (Rule 5), an operator must:
(a) Pay the notice of intent (NOI) letter fee of the current amount required made payable to the State Department of Environmental Management. See division (B)(12) below for content requirement of NOI letter;
(b) Prepare a soil erosion control plan that contains the required elements in 327 I.A.C. 15-5-7. See division (B)(10) below;
(c) Send the plan to the County Soil and Water Conservation District (SWCD) office in the county where the construction activity will take place. The SWCD will review the plan and make recommendations when necessary;
(d) Be sure that the personnel responsible for installing and operating the plan know what they are doing. This may require some training for some;
(e) Prepare and submit a complete notice of intent letter to the office of Water Management, Permits Section. All of the requirements in 327 I.A.C. 15-3-2 and 327 I.A.C. 15-5-5 (See division (B)(1) above and (B)(4) below) must be included in the NOI letter to be considered complete.
Do not send a copy of the soil erosion control plan to IDEM; and
(f) Construction can begin immediately after fulfilling the requirements in 327 I.A.C. 15.
(4) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL LAND USE. Use of land for the production of animal or plant life, including forestry, pasturing, or yarding of livestock, and planting, growing, cultivating, and harvesting crops for human or livestock consumption.
EROSION. The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.
EROSION CONTROL MEASURE. A practice, or a combination of practices, to control erosion and resulting sedimentation and/or off-site damages.
EROSION CONTROL PLAN. A written description and site plan of pertinent information concerning erosion control measures.
LAND-DISTURBING ACTIVITY. Any human-made change of the land surface, including removing vegetative cover, excavating, filling, transporting, and grading. In the context of this Rule, agricultural land-disturbing activities, coal mining activities permitted by the Department of Natural Resources (DNR) under I.C. 13-4.1, and active landfills permitted by the Indiana Department of Environmental Management where the permit requires soil erosion control, are excluded.
NONAGRICULTURAL LAND USE. Commercial use of land for the manufacturing and wholesale or retail sale of goods or services; residential or institutional use of land intended primarily to shelter people; highway use of land including lanes, alleys, and streets; and other land uses not included in agricultural land use.
OPERATOR. The person required to submit the NOI letter under this section, and required to comply with the terms of this Rule.
SITE. 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 I.A.C. 15-5-4)
(5) Additional notice of intent letter requirements. In addition to the NOI letter requirements under 327 I.A.C. 15-3, the following information must be submitted by the operator with a NOI letter under this Rule:
(a) A brief description of the construction project, including, but not limited to, a statement of the total acreage of the site;
(b) Estimated timetable for land-disturbing activities and installation of erosion control measures;
(c) Statement of the number of acres to be involved in land-disturbing activities; and
(d) A written certification by the operator that:
1. The erosion control measures included in the erosion control plan comply with the requirements under § 7 and 9 of this Rule and that the plan complies with applicable state, county, or local erosion control requirements;
2. The erosion control measures will be implemented in accordance with the plan;
3. Verification that an appropriate state, county, or local erosion control authority and the soil and water conservation district office has been sent a copy of the plan for review; and
4. Verification that implementation of the erosion control plan will be conducted by personnel trained in erosion control practices.
(e) Proof of publication in a newspaper of general circulation in the affected area that notified the public that a construction activity under this Rule is to commence.
(Water Pollution Control Board; 327 I.A.C. 15-5-5)
(6) Deadline for submittal of a NOI letter; additional information. All information required under 327 I.A.C. 15-3 and division (B)(5) above shall be submitted to the Commissioner prior to the initiation of land-disturbing activities.
(Water Pollution Control Board; 327 I.A.C. 5-5-6)
(7) General conditions for construction activity erosion control measures.
(a) The operator shall develop an erosion control plan in accordance with the requirements under this section.
(b) The following requirements shall be met on all sites during the period when active land-disturbing activities occur.
1. Sediment-laden water which otherwise would flow from the site shall be detained by erosion control practices appropriate to minimize sedimentation in the receiving stream. No storm 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 minimize 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 runoff. Proper disposal or management of all wastes and unused building materials, appropriate to the nature of the waste or material, is required.
3. Sediment being tracked from a site onto public or private roadways shall be minimized. 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 measures.
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. Stormwater 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. Runoff from a disturbed area shall be controlled by one 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 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, mulching, covering, or by other equivalent erosion control measures.
ii. The erosion 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 following: sediment detention basins; and sediment control practices, such as filter strips, diversions, straw bales, filter fences, inlet protection measures, slope minimization, phased construction, maximizing tree coverage, temporary and permanent seeding of vegetation, mulching, and sodding.
c. 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 division (B)(7)(b)7. All other non-engineered erosion control measures involving vegetation should be installed according to accepted specifications and criteria under this division (B)(7)(b)7.
d. During the period of construction activity at a site, all erosion control measures necessary to meet the requirements of this Rule shall be maintained by the operator.
e. All erosion control measures required to comply with this Rule shall 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 State Handbook for Erosion Control in Developing Areas from the Division of Soil Conservation, State 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:
i. 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 watercourses on and adjacent to the site;
C. One hundred-year floodplains, floodway fringes, and floodways;
D. Location of the predominant sod types, which may be determined by the U.S. Department of Agriculture, SCS County Soil Survey, or an equivalent publication, or as determined by a certified professional soil scientist;
E. Location and delineation of vegetative cover such as grass, weeds, brush, and trees;
F. Location and approximate dimensions of stormwater drainage systems and natural drainage patterns on, and immediately adjacent to, the site;
G. 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; and
I. Potential areas where point source discharges of stormwater may enter ground water, if any.
ii. A plan of final site conditions on the same scale as the existing site map showing the site changes.
iii. 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 stockpiles;
C. Locations and approximate dimensions of all erosion control measures necessary to meet the requirements of this Rule;
D. Schedule of the anticipated initiation and completion dales of each land-disturbing activity, including the installation of erosion control measures needed to meet the requirements of this Rule;
E. Provisions, including a schedule, for maintenance of the erosion control measures during construction; and
F. Where feasible, preserve vegetation that exists on the site prior to the initiation of land-disturbing activities.
(Water Pollution Control Board; 327 I.A.C. 15-5-7)
(8) Project termination.
(a) The operator shall plan an orderly and timely termination of the 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; and
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 remaining erosion control measures shall be the responsibility of the occupier of the properly after the operator has terminated land-disturbing activities.
(Water Pollution Control Board; 327 I.A.C. 15-5-8)
(9) Standard conditions. The standard conditions for NPDES general permit rules under 327 I.A.C. 15-4 shall apply to this Rule.
(Water Pollution Control Board; 327 I.A.C. 15-5-9)
(10) Inspection and enforcement.
(a) The Commissioner and/or designated representative may inspect any site involved in land-disturbing activities regulated by this Rule at reasonable times.
(b) The erosion control plan must be readily accessible for review at the time of the inspection.
1. Any person violating any of the provisions of this Rule 5 shall be subject to enforcement and penalty under, I.C. 13-7-10-5, I.C. 13-7-11; I.C. 13-7-12, 327 I.A.C. 15-1-4, or any combination thereof.
2. If maintenance of remaining erosion control measures are not properly maintained by the person operating the properly, the Commissioner may pursue enforcement against that person for correction of deficiencies under 327 I.A.C. 15-1-4.
(Water Pollution Control Board; 327 I.A.C. 15-5 10)
(11) Notification of completion. The operator shall notify the Commissioner, in writing, upon completion of the construction activity.
(Water Pollution Control Board; 327 I.A.C. 15-5-11)
(12) Content requirements of a notice of intent letter. The NOI letter shall include the following:
(a) Name, mailing address, and location of the facility for which notification is submitted;
(b) Standard Industrial Classification (SIC) Codes, as defined in 327 I.A.C. 5, up to four digits, that best represent the principal products or activities provided by the facility;
(c) The person’s name, address, telephone number, ownership status, and status as to federal, state, private, public, or other entity;
(d) Latitude and longitude of the approximate center of the facility to the nearest 15 seconds, or the nearest quarter section (if the section, township, and range is provided) in which the facility is located;
(e) Name and receiving water, or, if the discharge is to a municipal separate storm sewer, name of the municipal operator of the storm sewer and the ultimate receiving water;
(f) Description of how the facility complies with the applicability requirements of the general permit rule;
(g) Any additional NOI letter information required by the applicable general permit rule; and
(h) The NOI letter must be signed by a person meeting the signatory requirements in 327 I.A.C. 15-4-3(g).
(327 I.A.C. 15-3-2)
(13) Additional information to be submitted with NOI letter. In addition to the NOI letter requirements under 327 I.A.C. 15-3, the following information must be submitted by the operator with a NOI letter under this Rule:
(a) Brief description of the construction project, including, but not limited to, a statement of the total acreage of the site;
(b) Estimated timetable for land-disturbing activities and installation of erosion control measures;
(c) Statement of the number of acres to be involved in land-disturbing activities;
(d) Written certification by the operator that:
1. The erosion control measures included in the erosion control plan comply with the requirements under divisions (B)(7) and (B)(9) above and that the plan complies with applicable state, county, or local erosion control requirements;
2. The erosion control measures will be implemented in accordance with the plan;
3. Verification that an appropriate state, county, or local erosion control authority and the soil and water conservation district office has been sent a copy of the plan for review; and
4. Verification that implementation of the erosion control plan will be conducted by personnel trained in erosion control practices.
(e) Proof of publication in a newspaper of general circulation in the affected area that notified the public that a construction activity under this Rule is to commence.
(327 I.A.C. 15 5-5)
(Ord. passed - -1996)