If the facility is currently permitted, and all storm water run-off exposed to industrial activity discharges to a Combined Sewer System (CSS), the facility may terminate Rule 6 coverage by submitting a completed Notice of Termination/Exclusion (NOT/E) (State Form 54087, available on the IDEM Agency Forms page) to IDEM. In addition to the completed NOT/E form, the permittee must submit a letter from the responsible party for the CSS (the local wastewater treatment system operator), on the responsible party’s letterhead, certifying that the discharge has been reviewed by the responsible party and is permissible.
Facilities that are not currently permitted where all storm water run-off exposed to industrial activity discharges to a CSS are not required to submit an NOT/E to IDEM under current rules. However, IDEM strongly recommends that such facilities obtain a letter from the responsible party for the CSS, on the responsible party’s letterhead, certifying that the discharge has been reviewed by the responsible party and is permissible.
Many local responsible parties are required to identify and eliminate “illicit discharges” (i.e. discharges without permission) to the wastewater treatment system. In this effort, many responsible parties have adopted local ordinances that allow for the assessment of penalties on individuals and/or organizations that have an “illicit discharge”. As a result, a facility may be in complete compliance with state law by discharging storm water exposed to industrial activity to a CSS, but may be in violation of local ordinances and subject to penalty if permission from the local wastewater treatment system has not been obtained. Such facilities can also choose to submit a NOT/E form to IDEM along with the certification letter from the CSS responsible party to confirm that a Rule 6 permit is not required.
For more information regarding the applicability requirements for 327 IAC 15-6, please contact the Storm Water Permit Coordinator.