327 IAC 15-5 (Rule 5) has been revised to meet the federal Phase II requirements of the Clean Water Act. The revised Rule 5 became effective on November 26, 2003. This general permit rule applies to construction activities that result in the disturbance of one (1) or more acres of land. By definition in the rule, "land disturbing activity means any manmade change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting, and grading." If a developer or project site owner conducts a land disturbing activity that disturbs one (1) or more acres of land, the project site owner must apply for coverage under a Rule 5 general storm water permit.
    If a construction project disturbs less than one (1) acre of land, a Rule 5 permit is not required, unless the project is part of a "larger common plan of development or sale" or the land disturbing activity is determined to be causing an adverse impact to the environment, primarily related to a water of the state. By definition in the rule, "larger common plan of development or sale means a plan, undertaken by a single project site owner or a group of project site owners acting in concert, to offer lots for sale or lease; where such land is contiguous, or is known, designated, purchased or advertised as a common unit or by a common name, such land shall be presumed as being offered for sale or lease as part of a larger common plan. The term also includes phased or other construction activity by a single entity for its own use." If a project results in the disturbance on less than one (1) acre of land but is considered part of a "larger common plan of development or sale," a Rule 5 permit is required for the larger common plan, that includes the individual lots with land disturbances of less than one (1) acre. An original or intermediate project site owner may have continuing responsibility for land disturbing activities at a site after lots are sold.
    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. If an individual storm water permit is required, notice will be given to the project site owner. The individual storm water permit has it's own set of application requirements.
    If a Rule 5 permit is required, a project site owner must develop a written construction plan, and submit the plan to the local county Soil and Water Conservation District (SWCD) office in the county where the construction activity will take place (or, in some situations, to another appropriate state, county, or local reviewing authority) for review and approval. The reviewing authority can make recommendations and request amendments to the plan. Once the plan is approved (the reviewing authority has 28 calendar days to review) or the 28-day time period for review has lapsed, the project site owner must then submit a completed Rule 5 Notice of Intent (NOI) letter form to the following address:
          Indiana Dept. of Environmental Management, Urban Wet Weather Section
          Cashiers Office, Attn: QWQ Rule 5
          P.O. Box 7060
          Indianapolis, IN 46206-7060
    The NOI letter form, which includes the proof of publication, construction plan approval verification form from the reviewing authority, and $100 filing fee check or money order, must be submitted at least 48 hours prior to the start of land disturbing activities. A separate NOI letter is required for each submitted construction plan, and the project site acreage identified in the construction plan must directly correspond to the acreage figures provided in the NOI letter. IDEM will contact the project site owner about the NOI submittal if there are deficiencies. Under the revised rule, the project site owner, or their designated developer, must also notify Jay Davis, Rule 5 Coordinator, at (317) 233-1864 or jdavis@dem.in.gov and the local SWCD construction plan review office within 48 hours of actual construction activity start-up to inform them of the actual project start date. The actual project start date will be used to calculate the maximum five-year duration date of the permit.
    The approved construction plan must be implemented before, during, and after construction activities occur. Once the construction activity is completed (by rule language, when final stabilization has occurred), a completed Rule 5 Notice of Termination (NOT) form [PDF] must be submitted to the local SWCD office in the county where the construction activity will take place (or, in some situations, to another reviewing authority) for verification. Once verified, the local SWCD office will return the NOT form to the project site owner. The project site owner must then submit the NOT form to IDEM. A step-by-step process summary has been created to simplify the Rule 5 permitting process.
    This process of construction plan, NOI letter, NOT letter submittals may be different if the project site is located within an area regulated by a Municipal Separate Storm Sewer System (MS4) entity subject to the individual or general permit requirements for Indiana's MS4 program. Currently, only project sites within portions of Marion County (including the City of Indianapolis, but excluding the Cities of Beech Grove, Lawrence, Southport and Speedway) must comply with a different submittal process. Eventually, MS4 entities in other parts of the state will establish construction site and postconstruction run-off control programs that may require submittal and procedural differences. Once established, a listing of these MS4 entities will be available from this web page to provide information on where a project site owner would need to submit information for construction activities.
    Since the rule was revised, IDEM will mail a notification letter to all current Rule 5 permittees that have exceeded the maximum five-year permit duration. The notification letter will serve three purposes: (1) to let current permit holders know their responsibilities under the revised rule; (2) to obtain permit renewal submittals for active project sites that have exceeded the maximum five-year permit duration; and (3) to solicit NOT requests for project sites that have completed construction activities but did not submit an NOT form. To clarify project owner responsibilities under the revised rule, a revised or new construction plan (known as an Erosion & Sediment Control Plan under the old rule) will be required if IDEM provides written notification to resubmit for permit coverage under Rule 5. If a project site owner has an approved plan under the old Rule 5 requirements and the owner, or their designated developer(s), is still conducting construction activities in the area defined under the previously approved plan, a new construction plan is still required. A new NOI letter will be required every five (5) years, corresponding to the maximum duration for Rule 5 general permits under the revised rule.
    Administrative questions regarding Rule 5 requirements may be directed to IDEM's Rule 5 Coordinator, Jay Davis, at (317) 233-1864 or (800) 451-6027, extension 31864, or jdavis@dem.in.gov
    Technical inquiries regarding storm water pollution prevention measures and/or project specific technical questions should be made to the plan reviewing authority (usually the county SWCD) where the project is being proposed. A list of county SWCDs, with their addresses and phone numbers, is located on the Division of Soil Conservation, Indiana Department of Natural Resources web site .Phone: (800) 451-6027 (toll free in Indiana)    (317) 232-8603 (Indianapolis area)
Report Environmental Emergencies: (888) 233-7745