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Indiana Construction Stormwater Permit (6-IN-b)

In Indiana, a developer may need a Construction Site Run-off General Permit (“General Permit”) from the Indiana Department of Environmental Management (“IDEM”) or a local Soil and Water Conservation District (“SWCD”) for stormwater discharges from construction activities that disturb one or more acres of land or that are part of a larger common plan of development that will disturb one or more acres of land. 327 I.A.C. §15-5-2(a)(3), Indiana Department of Environmental Management – Stormwater Permitting, Applicability Webpage. IDEM regulates construction stormwater discharges pursuant to Indiana Admin. Code – 327 I.A.C. §§ 15-1 et seq., NPDES General Permit Rule Program, Indiana Code – I.C. §§ 13-14 et seq., Powers and Duties of Department of Environmental Management, and Indiana Code – I.C. §§ 13-15 et seq., Permits Generally.


Construction Stormwater Permit Process

6-IN-b.1 – Stormwater Pollution Prevention Plan (SWPPP)

The developer must develop and submit construction plans, including a stormwater pollution prevention plan. If the project is within the jurisdiction of a “Municipal Separate Storm System” (MS4s) then the plan must be submitted to the local SWCD, if the project is within Ohio or Noble county then the plan must be submitted to IDEM’s Office of Water Quality. Indiana Department of Environmental Management, Stormwater Permitting Process Website. The construction plans must comply with 327 I.A.C. §15-5-6.5. The construction plans must include, at minimum, the following:

  • A project narrative and supporting documents;
  • Vicinity map depicting the project site location in relationship to recognizable local landmarks, towns, and major roads;
  • An existing project site layout;
  • Final project site layout;
  • A grading plan;
  • A drainage plan;
  • A SWPPP plan associated with construction activities; and
  • The post-construction SWPPP.

327 I.A.C. §15-5-6.5(a)(1)-(8).


6-IN-b.2 to 6-IN-b.4 – Review Construction Plans for Approval

IDEM or SWCD must review the construction plans to ensure compliance with 327 I.A.C. §15-5-6.5(a)(1)-(8) within twenty-eight (28) days from submission. IDEM or SWCD provides notice to the developer if the construction plans are deficient, sufficient or if the plans qualify for a waiver. IDEM or SWCD must deem the construction plans sufficient or approve a waiver before the developer may submit a Notice of Intent (NOI). 327 I.A.C. §15-5-6(b)(2); Indiana Department of Environmental Management – Construction Stormwater Permit, Step-by-Step Process for Compliance Webpage.

6-IN-b.5 – Publish Public Notice

The developer must publish public notice of the proposed project in a newspaper of general circulation in the project site area. The public notice must, at minimum, include:

  • The company name and address;
  • A statement that a Notice of Intent (NOI) will be filed with the IDEM as required by 327 I.A.C. §15-5-5 to discharge stormwater from construction activities;
  • The name of the project; and
  • Address or location of the proposed project.

327 I.A.C. §15-5-5(a)(9).

6-IN-b.6 to 6-IN-b.7 – Notice of Intent (NOI) (Form 47487)

After IDEM, SWCD, or the designated local authority approves the construction plans or grants a waiver, the developer must submit a complete Rule 5: Notice of Intent (NOI) (Form 47487) to the IDEM with copies sent to SWCD’s or to MS4s at least two (2) days prior to construction. 327 I.A.C. §§ 15-2-5; 15-5-6(a). The NOI must include, at minimum, the following:

  • Permit Number
  • Name and location of the proposed project;
  • The name, address, and contact information of the developer; and
  • Specifics about the project.

Rule 5: Notice of Intent (NOI) (Form 47487).

In addition, the developer must submit with the NOI, the following:

  • Proof of publication;
  • Filing fee; and
  • Construction plan review verification.

Indiana Department of Environmental Management – Construction Stormwater Permit, Guidance on Completing the NOI Form Webpage.

The developer must submit a copy of the NOI and supporting materials to all SWCDs or MS4s, where the land disturbing activities are to occur. 327 I.A.C. §15-5-6(a).

6-IN-b.8 to 6-IN-b.9 – Review Application Materials for Completeness

The reviewing entity reviews the NOI for administrative and technical completeness. If the NOI is deficient, the developer must address the deficiency and submit an amended NOI. 327 I.A.C. §15-5-6(a).

6-IN-b.10 – Review NOI for Approval

IDEM, SWCD, or designated local authority reviews the NOI and supporting materials for compliance with the General Permit. Compliance with a General Permit constitutes compliance with all applicable standards and limitations of the Clean Water Act and state law. 327 I.A.C. §15-2-7(a).

IDEM reserves the right to require an Individual National Pollutant Discharge Elimination System Permit (“Individual Permit”) rather than a Rule 5 General Permit. 327 I.A.C. §15-2-2(b).


6-IN-b.11 to 6-IN-b.12 – Is an Individual Permit Required?

If IDEM determines that the stormwater run-off from a proposed project could impair the water quality of the receiving stream, identified as an outstanding state resource water, the reviewing entity notifies the developer that they need to apply for an Individual Permit. 327 I.A.C. §15-2-2(b); Indiana Department of Environmental Management – Construction Stormwater Permit, Individual Stormwater Permit Requirements Webpage. IDEM may require any person either with an existing discharge subject Indiana Admin. Code – 327 I.A.C. §§ 15-1 et seq., NPDES General Permit Rule Program to apply for and obtain an Individual Permit if any of the following occurs:

  • The applicable requirements of Indiana Admin. Code – 327 I.A.C. §§ 15-1 et seq., NPDES General Permit Rule Program are not adequate to ensure compliance with water quality standards or provisions that implement water quality standards;
  • The person is not in compliance with the terms and conditions of a General Permit;
  • A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants from the discharge;
  • Effluent limitations guidelines that are more stringent than the requirements in the General Permit are subsequently promulgated for discharges regulated by the General Permit;
  • A water quality management plan containing more stringent requirements applicable to such discharges is approved;
  • Circumstances have changed since the activity regulated began so that the discharger is no longer appropriately controlled under the General Permit or either a temporary or permanent reduction or elimination of the authorized discharge is necessary;
  • The water is identified as impaired for a pollutant proposed to be discharged and listed pursuant to section 303(d) of the Clean Water Act (33 U.S.C. 1313(d)); or
  • IDEM has revoked the developer’s coverage under the General Permit.

327 I.A.C. §15-2-9(a).

If IDEM requires an Individual Permit, IDEM notifies the developer in writing that an Individual Permit application is required. The notice must include, at minimum:

  • A brief statement of the reasons for the decision;
  • An Individual Permit Application form;
  • A statement setting a time for the developer to file an Individual Permit Application;
  • A statement that on the effective date of the Individual Permit, the General Permit as it applies to the developer no longer applies.

327 I.A.C. §15-2-9(b).

6-IN-b.13 – Construction Site Run-off General Permit

The term length of a General Permit is five (5) years. IDEM has established the NOI receipt date as the actual start date of permit coverage. General Permits are required to be renewed ninety (90) days prior to the expiration of the General Permit. Indiana Department of Environmental Management – Construction Stormwater Permit, Permit Length Webpage.

6-IN-b.14 – Identification of Potentially Affected Persons Form (Form 49456)

Currently, IDEM uses the same NOI form as required for General Permits for Individual Permit review. However, a developer must also submit a complete Identification of Potentially Affected Persons Form (Form 49456) to IDEM. Indiana Department of Environmental Management – Construction Stormwater Permit, Individual Stormwater Permit Requirements Webpage.

6-IN-b.15 to 6-IN-b.16 – Review Application Materials for Completeness

The reviewing entity reviews the NOI and Identification of Potentially Affected Persons Form for administrative and technical completeness. If the NOI is deficient, the developer must address the deficiency and submit an amended NOI. 327 I.A.C. §15-5-6(a).

6-IN-b.17 to 6-IN-b.18 – Publish Public Notice

The developer must publish public notice of the proposed project in a newspaper of general circulation in the project site area. The public notice must, at minimum, include:

  • The company name and address;
  • A statement that a Notice of Intent (NOI) will be filed with the IDEM as required by 327 I.A.C. §15-5-5 to discharge stormwater from construction activities;
  • The name of the project;
  • Address or location of the proposed project;
  • The notice must also include information about the thirty (30) day public comment period; and
  • Information about how the public may request a public hearing.

327 I.A.C. §15-5-5(a)(9); Indiana Department of Environmental Management – Construction Stormwater Permit, Individual Stormwater Permit Requirements Webpage.

6-IN-b.19 – Hold Public Hearing (If Applicable)

Any interested person may request a public hearing on the proposed project only if the permit is an individual permit. IDEM has discretion to hold a public hearing, if requested. Indiana Department of Environmental Management – Construction Stormwater Permit, Individual Stormwater Permit Requirements Webpage.

6-IN-b.20 to 6-IN-b.21 – Review Individual Permit Application for Approval

IDEM or SWCD reviews the NOI and supporting materials to determine if an Individual Permit should be granted. The reviewing entity must consider public comments and public hearing information, if applicable, when making a decision on the Individual Permit Application.

6-IN-b.22 – Individual NPDES Permit

A proposed project must comply with the terms and conditions of an Individual Permit.

6-IN-b.23 – Notify IDEM and Review Authority of Construction Start Date

The developer must notify IDEM and the review authority of the actual start date of construction within two (2) days before construction. Indiana Department of Environmental Management – Construction Stormwater Permit, Step-by-Step Process for Compliance Webpage.

6-IN-b.24 – Appeal Decision (Optional)

An interested party may appeal an action by IDEM for judicial review within thirty (30) days after the date of notice of the agency’s decision. I.C. §§ 4-21.5-5-4(a) – 5.

6-IN-b.25 – Notice of Termination (NOT)

The developer must submit a Notice of Termination (NOT) Stormwater Runoff Associated with Construction Activity (Form 51514) to IDEM and SWCD once construction of the proposed project is complete. Indiana Department of Environmental Management – Construction Stormwater Permit, Step-by-Step Process for Compliance Webpage; 327 I.A.C. §15-5-8.


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