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A facility that is already permitted must submit a Notice of Termination/Exclusion (NOT/E) (State Form 54087, available on the IDEM Forms page) when claiming "No Exposure." The NOT must be submitted in conjunction with a complete Conditional No Exposure Certification Form (U.S. EPA NPDES Form 3510-11) [PDF].
Note: Indiana utilizes the U.S. EPA No Exposure Certification Form. The form will direct you to submit to U.S. EPA -- Indiana is the NPDES Permitting Authority and the form must be submitted to:
IDEM-Office of Water Quality
OWQ Rule 6 Program
100 North Senate Avenue
Indianapolis, IN 46204
The No Exposure exclusion is non-transferable. If ownership of the facility changes, the current owner/responsible official must submit a NOT request letter within 30 days of the transfer. Additionally, the new owner/responsible official shall submit a new No Exposure Certification form to claim the exclusion within 60 days of the transfer, or file for Rule 6 permit coverage if the exclusion is no longer applicable.
A condition of no exposure exists at an industrial facility when all industrial materials and activities are protected by a storm-resistant shelter to prevent exposure to rain, snow, snowmelt, and run-off. The conditional no exposure exclusion is available on a facility-wide basis only, not for individual outfalls, and a no exposure certification must be provided for each facility qualifying for the no exposure exclusion.
If a facility representative believes the facility is eligible for the conditional no exposure exclusion, the representative may submit a Conditional No Exposure Certification Form (EPA NPDES Form 3510-11) [PDF] to IDEM.
IDEM may inspect the facility for verification. In the event the inspection reveals that the facility is not excluded from storm water permitting, the facility will be denied conditional ”No Exposure” exclusion and will be required to apply for Rule 6 coverage.
The facility must retain a copy of the “No Exposure Certification” at the facility for 5 years following the date IDEM receives the original Certification. At least 90 days prior to the expiration of the 5 year period the facility must resubmit a No Exposure Certification form.
U.S. EPA’s Guidance Manual for Conditional Exclusion from Storm Water Permitting Based on “No Exposure” of Industrial Activities to Storm Water [PDF] explains the conditions that must be met for a facility to be eligible for a conditional no exposure exclusion.
If changes at the facility result in industrial activities or materials becoming exposed to storm water, the no exposure exclusion will cease to apply. The facility representative must submit a NOI at least 2 days before the foreseen changes occur that cause the condition of exposure and otherwise comply with the application requirements of Rule 6.
If unforeseen events, such as spills, equipment malfunctions, or acts of nature, cause industrial activities or materials to become exposed to storm water, the no exposure exclusion may still apply provided notification is given to the agency within 24 hours of facility personnel becoming aware of the exposure and corrective measures are taken to re-establish a condition of no exposure prior to the next storm water discharge event.
For more information regarding the applicability requirements for 327 IAC 15-6, please contact the Storm Water Permits Coordinator.