Rule 5 Permit Renewal
The renewal of a permit requires the Project Site Owner to file a new Notice of Intent with the IDEM 90 days prior to the expiration of the permit.
In addition to the information contained within the Notice of Intent letter, the submittal is required to contain an application fee of $100, proof of publication, and verification that the Construction Plan was submitted to the local plan review authority. The following guidance should be followed for all permit renewals:
- Complete a Rule 5 - Notice of Intent (NOI) form (available on the IDEM Forms page).
- Include the application fee of $100 made payable to the Indiana Department of Environmental Management.
- Advertise the project in a newspaper of general circulation. A new notice is required for continuation of the project. Submit the new Proof of Publication with the Notice of Intent.
- Submit proof the Construction Plan was submitted to the plan review authority.
- If the plan was submitted in the month of November 2003 or later, a copy of the original plan verification from the plan review authority should be included with the submittal along with a letter stating that the scope and overall layout of the project has not changed from the original submittal
- If the scope or layout of the project has changed from the original submittal, the Project Site Owner will be required to submit a new Construction Plan and receive verification that the plan meets the requirements of the Rule or a No Review Letter” from the plan review authority. This document should be submitted with the NOI.
- If the original plan was developed and approved prior to November 2003, the plan was developed based on criteria of the Phase I Rule. IDEM will not require major plan modification, provided the plan has not changed.
The primary issues that are likely be missing based on the new Rule are the post construction requirements. Projects that are older than November 2003 have more than likely installed a significant portion if not all of the infrastructure for the project. In addition, these projects have also received local approvals from city or county governmental agencies. Therefore, modification to the plan to include post construction requirements will not be required. However, the new Rule does include several requirements associated with project management. These requirements are expected to be implemented by the project site owner. These items include:
- Self Monitoring Program (327 IAC 15-5)
- Display Project Information (327 IAC 15-5, Scroll to page)
Note: Each MS4 entity may have their own requirements for the renewal of a permit. Some may not regulate these projects as the project may have started prior to the MS4 adopting storm water ordinances. However, other MS4s may choose to regulate these projects based on their local ordinance. This may require the responsible party to submit information to the MS4, including plans before submittal of their NOI.
For more information regarding the renewal of a permit for 327 IAC 15-5, please contact the IDEM Permits Coordinator.
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