Rule 5 Individual Storm Water Permit Requirements
In Indiana, most construction projects subject to Rule 5 are administered through a general permit.
IDEM does reserve the right to require an Individual NPDES (National Pollutant Discharge Elimination System) Permit rather than a Rule 5 general permit. If the agency determines the storm water run-off from a project could impair the water quality of the receiving stream, identified as an Outstanding State Resource or Exceptional Use Waters. Permittees will be notified by IDEM if they need to apply for an individual storm water discharge permit.
An individual storm water permit is not required, unless IDEM determines that the general permit is not sufficient to protect water quality or other factors warrant more specific storm water control requirements on a project site. According to 327 IAC 15-2-9(c) [PDF], IDEM will notify a project site owner in writing if an individual storm water permit is needed. This written notification will include:
- a brief statement of the reasons for the decision;
- an application form;
- a statement setting a time for the project site owner to file the application; and
- a statement that on the effective date of the individual storm water permit, the general permit rule, as it applies to the project site owner, shall no longer apply.
If a project site owner is requested to obtain an individual storm water permit, several differences, in contrast to the Rule 5 requirements, are involved. An individual storm water permit will be a written document (not a rule), developed over several weeks or months. Before this permit is issued and becomes effective, it must have a 30-day public comment period, typically advertised through a notice placed in a local newspaper where the project site will be developed. In the public notice, the public can request, and be granted, a public hearing on the project site. Until the individual storm water permit becomes effective and a Construction Plan is approved, the project site owner can not begin land disturbing activities.
Currently, IDEM will be using the same application form as the one required in Rule 5. However, individual storm water permits also require the submittal of a completed Identification of Potentially Affected Persons form with the application (state form available on the IDEM Forms page).
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