Step by Step Process for Compliance with 327 IAC 15-6
The following is a step by step process to guide an applicant through the permitting process for facilities that are subject to the requirements of 327 IAC 15-6.
Rule 6 General Permit compliance requires Seven (7) steps. The responsible individual of a regulated facility must:
- Complete and submit a Notice of Intent (NOI) letter (State Form 51286, available on the IDEM Forms page) and supporting documentation.
- Develop and implement a Storm Water Pollution Prevention Plan (SWP3).
- Submit a Storm Water Pollution Prevention Plan Certification Checklist (State Form 51287, available on the IDEM Forms page).
- Conduct annual storm water monitoring and submit an annual Storm Water Discharge Monitoring Report Form (State Form 53590, available on the IDEM Forms page) and analysis of identified facility storm water outfalls.
- Update and revise the SWP3.
- Develop and submit an Annual Report.
- Renew the permit by completing and submitting a Notice of Intent (NOI) Letter (State Form 51286, available on the IDEM Forms page) and supporting documentation.
Step 1: NOI/Supporting Documentation
Submit a Notice of Intent (NOI) to IDEM (Notice of Intent (NOI) Letter Submittal). The Rule 6 NOI serves as a facility's commitment to comply with the requirements of Rule 6.
Newly constructed industrial facilities must submit an NOI at least 90 days prior to starting industrial operations. Existing industrial facilities that have already obtained a Rule 6 General Permit are required to re-submit an NOI at least 90 days prior to the expiration date of the industrial facility's permit. Existing industrial facilities that are not regulated by Rule 6, but meet the applicability of Rule 6 are required to submit an NOI and therefore are operating without a required permit.
The date IDEM receives the NOI is the effective date of the facility's permit. The NOI must be sent to the following address:
Indiana Department of Environmental Management
Office of Water Quality, Storm Water Program
100 North Senate Avenue Room 1255
Indianapolis, IN 46204
Step 2: Storm Water Pollution Prevention Plan
Develop a Storm Water Pollution Prevention Plan (SWP3) for the facility (Development and Implementation of the SWP3). The development of a SWP3 should include careful evaluation and assessment of the facility and associated operations. Each facility is unique and therefore requires careful planning to ensure the plan is developed for the planned industrial activities and the characteristics of the site.
The SWP3 is used to identify potential and actual storm water pollutant sources, and to determine best management practices and measures that will minimize the pollutants transported in storm water run-off. The SWP3 is retained at the facility, and should be updated as facility conditions change. The SWP3 must include, but is not limited to:
- identification of the responsibility of each storm water pollution prevention team member;
- a topographic map of the facility area;
- a facility representation, showing the location of relevant storm water items;
- a soils map of the facility area;
- a narrative description of existing and planned management practices and measures to improve the quality of storm water run-off;
- a preventative maintenance program;
- a spill response program;
- provisions to monitor outfalls and conduct quarterly inspections;
- a non-storm water assessment; and
- a comparison of the sampling analyses results.
The plan must be completed and implemented on or before three hundred sixty-five (365) days after submission of an initial NOI letter or the expiration date of the previous five (5) year permit term.
If IDEM notifies a facility representative that their SWP3 is ineffective or deficient, a facility representative must make the required changes to the SWP3 and submit the amended plan within 60 days of the written notification.
The actual Storm water Pollution Prevention Plan (SWP3) should not be submitted to IDEM, unless a representative from IDEM requests the document. Instead the actual SWP3 must be retained at the facility and available for review during an inspection of the facility. The SWP3 must be reviewed periodically, and updated as relevant conditions at the facility change.
Step 3: Submit the SWP3/Certification Checklist
Within 365 days after a timely submittal of the NOI, proof of publication and filing fee are submitted, the facility representative must submit a Storm Water Pollution Prevention Plan Certification Checklist (State Form 51287, available on the IDEM Forms page). This checklist, which must be signed by a Qualified Professional (Frequently Asked Questions, Definitions), certifies that the facility has completed and implemented a Storm Water Pollution Prevention Plan (SWP3) that is consistent with the requirements of 327 IAC 15-6-7.
Step 4: Storm Water Discharge Monitoring Report
Rule 6 requires each permittee to conduct annual storm water monitoring. Annual storm water monitoring is an efficient way to evaluate the effectiveness of the Storm Water Pollution Prevention Plan (SWP3). The Industrial general permit monitoring requirements can be found in 327 IAC 15-6-7.3, select section 7.3 of the index or scroll to the middle of page 33.
During each year of the permit, facility representatives are required to collect grab storm water samples from qualified rainfall events (Storm Water Sampling and Monitoring). The samples must be sent to a lab and analyzed for any pollutant that has the potential to be present in a storm water discharge in addition to the following required eight (8) sampling parameters:
- Oil and Grease;
- Nitrates plus nitrite nitrogen;
- Kjeldahl nitrogen, total (TKN);
- Phosphorous, total;
- Suspended solids, total (TSS);
- Chemical oxygen demand (COD);
- Carbonaceous bio-chemical oxygen demand (CBOD5)
To assist permittees in meeting the Rule 6 monitoring requirements, IDEM created the Rule 6 Industrial Storm Water General Permit- Storm Water Discharge Monitoring Report (State Form 53590). The Storm Water Discharge Monitoring Report (State Form 53590, available on the IDEM Forms page) is due no later than 365 days from the initial NOI submittal. The Rule states that subsequent annual storm water discharge monitoring reports shall be submitted no later than 365 days from the previous report in years two through five. However, for purposes of permit administration, the timeline for submitting subsequent annual storm water discharge monitoring reports in years two through five will be based on the facility's permit anniversary date.
Step 5: Update and Revise the SWP3
The facility should update and revise the SWP3 throughout the permit cycle. The facility should amend the SWP3 if whenever there is a change in design, construction, operation, or maintenance at the facility, which may have a significant effect on the potential for the discharge of pollutants.
Step 6: Annual Report
The facility is required to submit an annual report no later than 365 days from the permit effective date. The following information must be addressed in the annual report:
- Have there been any changes to the original NOI?
- Have there been any changes to the facility, facility operations or industrial activities?
- Have any additional BMPs been implemented or corrective measures taken as a result of sampling data?
A form is available for submittal of the Annual Report (State Form 54185, available on the IDEM Forms page).
Additionally, in years two through five of permit coverage, facility representatives are required to compare sampling data results with previous years as part of the annual report submittal to IDEM.
The Annual Report should be submitted initially no later than three hundred sixty-five (365) days from the initial NOI submittal date or the expiration date of the previous five (5) year permit term. Subsequent annual report submittals shall be provided no later than three hundred sixty-five (365) days from the previous report in years two (2) through five (5).
Step 7 Renew Permit Coverage
Permits are required to be renewed every five (5) years. File a Notice of Intent (NOI) Letter (State Form 51286, available on the IDEM Forms page) and supporting documentation.
- Permit renewals are required to be submitted ninety (90) days prior to the expiration of a general permit.
- In addition to the information contained within the Notice of Intent letter, the submittal is required to contain an application fee of $50 and a new proof of publication. The following guidance should be followed for all permit renewals:
- Submit the $50 application fee.
- Advertise the project in a newspaper of general circulation for a minimum of one day. A new notice is required to continue the operation at the facility. Submit the new Proof of Publication with the Notice of Intent application.
- The same sampling and reporting requirements apply to all permit renewals.
- Upon renewal, the permit "effective date" will begin on the expiration date of the previous five year permit term.
For more information regarding the applicability requirements for 327 IAC 15-6, please contact the Storm Water Permit Coordinator.