SWQMP Part C and Six Minimum Control Measures

The SWQMP-Part C: Program Implementation Plan is a working document. The purpose of Part C is to outline the priorities, goals, and implementation strategies that the MS4 will utilize to improve water quality. It is expected that this document will change as issues are solved, best management practices are utilized, and technology improvements are developed.

A SWQMP-Part C: Program Implementation Plan and the corresponding certification checklist form SWQMP-Part C - State Form 51280 (available on the IDEM Forms page) must be submitted within 365 days of the date of the NOI letter submittal (Compliance Schedule).

The SWQMP-Part C Plan must contain the following elements:

  • An initial evaluation of the storm water program. The purpose of this evaluation is to determine a “starting point” for the program and establish correlation with any existing programs to obtain “credit” for activities that are relevant to storm water quality.
  • The storm water program must address each of the six minimum control measures (discussed later in this section). Each minimum control measure has individual requirements specified in the Rule. However, the Rule also provides flexibility to account for variability of local conditions. The program created to address each minimum control measure should be relatively unique to the MS4 entity or MS4 area. The detailed program description should be based on the unique local conditions and reflective of local implementation timetables.
  • Each minimum control measure must include implementation milestones. The milestones are determined by the MS4 entity and based on local implementation timetables. If applicable, implementation milestones must also be provided for conclusions and recommendations provided in the SWQMP-Part B: Baseline Characterization and Report.
  • If on-going characterization of the receiving waters is going to be conducted, the scheduling of this characterization must be submitted with the SWQMP-Part C. If on-going characterization data will not be collected or analyzed, this component of the SWQMP-Part C: Program Implementation will not need to be addressed. However, it is recommended that some form of tracking water quality improvements be conducted to document the effectiveness of the MS4 area storm water program. One of the desired outcomes of this Rule is to be able to document that implementation of a locally driven storm water quality management program correlates to an environmental improvement or benefit.
  • Provide the MS4 Boundary Areas that are subject to program implementation and regulated by 327 IAC 15-13. The purpose of this boundary determination is to provide IDEM the exact coverage area for the MS4 entity. In most situations, the boundary will be determined by the extent of the MS4 entity's jurisdictional area. However, in some instances, the MS4 area boundary may be identified by other means, such as the extent of a corresponding urbanized area.
  • Provide an estimate of the linear feet of MS4 conveyances within the MS4 area. This estimate will be used to determine the amount of MS4 conveyances to be mapped each year for compliance. The rule requirement is for twenty five percent (25 %) of the conveyance systems as described in the illicit discharge minimum control measure to be mapped each year beginning with year 2 through 5 of the first permit term.
  • Address post-construction storm water runoff control through development of storm water quality ordinances, policies, and planning documents for all new development and redevelopment. In order to establish these local requirements, it will be necessary to determine the types of structural Best Management Practices (BMPs) that will be most appropriate for the MS4 area. There are a variety of structural BMPs that may be used to improve storm water quality. Based on local conditions (e.g., space for placement of BMPs, expected pollutant types and quantities, soil characteristics, and land slopes) some of these measures will be more effective than others. This Rule requirement allows the MS4 entity to choose which structural BMPs would be most effective in their MS4 area.
  • The MS4 should identify appropriate types of structural Best Management Practices (BMPs). As potential pollutant sources and estimated volumes are identified, performance standards should be developed for each structural BMP. The performance standards would estimate the expected pollutant reduction by each structural BMP and require any installed BMP, with appropriate maintenance, meet the established standard. The performance standards could be extracted from BMP vendor information, but the standard should be adjusted using local conditions for accuracy. Criteria for BMP selection should be established that identifies the conditions under which each structural BMP may be used. Both the selection criteria and performance standards are determined by the MS4 entity.
  • Submit a current and projected budget, including the actual or expected funding sources. Resources used for developing and implementing an MS4 entity's storm water program should be documented to ensure that funds, equipment, and staff are being, and will be, utilized for the storm water program. This resource budgetary information can be estimated, especially in situations where the resources are not separated by function or the functions are overlapping.
  • The six minimum control measures are all components of an MS4 entity's storm water program. As part of this program, an MS4 entity must develop attainable goals for each of these components. The goals are determined by the MS4 entity and must be related to accomplishing an environmental benefit. Examples of goals are provided in the Rule 13 Guidance Document [PDF] for each minimum control measure.
  • Submit the following forms (available on the IDEM Forms page) that correspond to each of the minimum control measures. The forms must be signed and submitted as specified in the Compliance Schedule. By signing the certification forms, the MS4 operator and the qualified professional are agreeing that a program corresponding to each control measure has been implemented within the required timetable. This certification submittal is only necessary to establish the initial implementation of each control measure and therefore only needs to be submitted during the first five-year permit term. Those forms are:
    • Certification Forms Public Education (State Form 51279)
    • Public Participation (State Form 51273)
    • Illicit Discharge (State Form 51271)
    • Construction (State Form 51272)
    • Post Construction (State Form 51274)
    • Pollution Prevention and Good Housekeeping (State Form 51281)
  • Provide a list of programmatic indicators for each minimum control measure. A list of the indicators can be found in 327 IAC 15-13-8(b). Examples of programmatic indicators are also provided in the Rule 13 Guidance Document [PDF] for each minimum control measure. The programmatic indicators represent the minimum indicators that must be addressed by the MS4 entity.
    • Some of the indicators may not be appropriate for every MS4 entity and may not be listed in the MS4 entity's indicator list developed as part of the SWQMP-Part C: Program Implementation. An MS4 may select other indicators that are more appropriate for the MS4 entity. However, if any of the indicators listed in the Rule are not utilized or other indicators are substituted, the rationale for the change must be justified. Throughout the term of the permit, indicators can be adjusted to be more reflective of local conditions and practices. These adjustments and the data collection for each of the selected indicators should be provided in the corresponding Annual Report submittal.

Minimum Control Measures

The SWQMP-Part C must address six (6) minimum control measures (MCM). Each minimum control measure must include a detailed program description, a timetable for implementation, milestones, and a summary of measurable goals. The measurable goals shall demonstrate results that relate to an environmental benefit.

The six minimum control measures provide the minimum conditions for the storm water program, but the rule also provides flexibility to account for variability of local conditions. The program created to address each control measure should be relatively unique to the MS4 entity or MS4 area. The detailed program description should be based on the unique local conditions and reflective of local implementation timetables.

Additional information and details related to each of the six minimum control measures can be found in 327 IAC 15-13-12 through 17 and the Rule 13 Guidance Document [PDF].

The six minimum control measures include:

  • Public Education and Outreach: The purpose of the Public Education and Outreach Minimum Control Measure is to inform residents, visitors, public service employees, commercial and industrial facility operators, and construction site personnel that are located or operate within the MS4 area about the impacts storm water runoff can have on water quality and ways they can minimize their impact on storm water quality.
    • A community that is informed and knowledgeable is critical to the success of the local storm water program. An understanding of storm water issues will help gain public support for the program. Other benefits include, but are not limited to greater compliance with the program and support for local funding initiatives
    • MS4s are encouraged to utilize existing programs and resources to further the efficiency of delivery of this minimum control measure. It is not necessary to develop all program elements from a grass roots approach, The MS4s are encouraged to partner with other entities within and adjacent to the MS4 area and utilize materials developed by local, state, and federal agencies.
    • According to the Rule, a certification form, Public Education - State Form 51279 (available on the IDEM Forms page), for the public education and outreach minimum control measure must be signed and submitted to the Indiana Department of Environmental Management in accordance with the Compliance Schedule. This certification submittal is necessary to establish the initial implementation of the control measure and only needs to be submitted during the first five-year permit term.
  • Public Participation and Involvement: Provisions should be developed and utilized that allow opportunities for constituents within the MS4 area to participate and provide input in the development and implementation of the storm water management program. A community that is active and involved will be critical to the success of the program. Citizens and business leaders that participate are more than likely to take an active role in program implementation, provide local broad base expertise, and serve as a conduit to local programs, citizen groups, etc.
    • To demonstrate sufficient opportunity, storm water program development and implementation meetings should be open to the public, with proper notification provided. Public comments, input, and involvement should be solicited by some means, such as complaint hotlines or outreach. Efforts to involve all interested constituents should be documented and may be part of the public education outreach minimum control measure. An MS4 entity shall comply with applicable public notice requirements.
    • According to the Rule, a certification form, a certification form, Public Participation - State Form 51273 (available on the IDEM Forms page), for the public participation and involvement minimum control measure must be signed and submitted to the Indiana Department of Environmental Management in accordance with the Compliance Schedule. This certification submittal is necessary to establish the initial implementation of the control measure and only needs to be submitted during the first five-year permit term.
  • Illicit Discharge Detection and Elimination: An MS4 operator is required to develop and implement a strategy to detect and eliminate illicit discharges into the MS4 conveyance system.
    • Illicit discharge is defined as any discharge to an MS4 conveyance that is not composed entirely of storm water, except naturally occurring floatables, such as leaves or tree limbs. Sources of illicit discharges include sanitary wastewater, septic tank effluent, car wash wastewater, oil disposal, radiator flushing disposal, laundry wastewater, roadway accident spillage, and household hazardous wastes.
    • Illicit discharges can significantly contribute to high pollutant loadings into MS4 conveyances systems. These discharges include heavy metals, toxics, oil and grease, solvents, nutrients, and bacteria.
    • This minimum control measure requires the MS4 to develop a strategy that will be enforceable through the development or revision of an ordinance or some other regulatory mechanism that addresses illicit discharges. MS4 entities that do not have the ability to create or enforce ordinances will need to either create an enforceable policy document or enter into a legal agreement with another entity to implement this control measure.
    • The strategy should include detection procedures, illicit discharger notification procedures, enforcement procedures, implementation and procedural schedules, and resources that will be used to implement the illicit discharge control measure program.
    • According to the Rule, a certification form, a certification form, Illicit Discharge - State Form 51271 (available on the IDEM Forms page), for the illicit discharge minimum control measure must be signed and submitted to the Indiana Department of Environmental Management in accordance with the Compliance Schedule. This certification submittal is necessary to establish the initial implementation of the control measure and only needs to be submitted during the first five-year permit term.
  • Construction Site Storm Water Runoff Control: An MS4 operator is required to develop, implement, manage, and enforce an erosion and sediment control minimum control measure for construction activities. The program and ordinance must at a minimum meet the requirements of 327 IAC 15-5, Rule 5. 327 IAC 15-5 is the State of Indiana construction/land disturbance regulation. The primary purpose of Rule 5 is to reduce pollutants, principally sediment that is associated with construction activities. Rule 5 requires all sites where land disturbance is one (1) or more obtain a general permit from the state.
    • The program developed by the MS4 must include procedures for construction plan review, site inspection, and, when necessary, enforcement. An MS4 entity must create or revise a policy, ordinance, or other regulatory mechanism to provide the necessary legal authorities to control, and, when necessary, penalize the source of noncompliance to the MS4 entity specifications created for construction runoff. MS4 entities that do not have the ability to create or enforce ordinances will need to either create an enforceable policy document, or enter into a legal agreement with another entity to implement this control measure.
    • Except for state permitting process references and submittal deadlines of construction plans and permit applications, the ordinance or other regulatory mechanism may be stricter than the requirements of Rule 5. The permitting process must include a requirement for the construction project site owner to submit a copy of the application directly to the Indiana Department of Environmental Management. Additional information on the relationship between Rule 5 and an MS4 construction program is described in more depth in Construction/Land Disturbance Storm Water Permitting (327 IAC 15-5, Rule 5).
    • The program must include requirements for the use of erosion and sediment control measures, as well as measures to properly manage and control other pollutants that may be associated with construction activities. The Indiana Storm Water Quality Manual provides principles of managing a construction site and standards and specifications on various storm water quality measures
    • MS4 area personnel that are involved in the implementation of the construction site runoff control MCM must receive relevant storm water training. This training can be conducted “in-house” by MS4 staff or some other trainer and must occur, at a minimum, annually.
    • According to the Rule, a certification form, Construction - State Form 51272 (available on the IDEM Forms page), for the construction site runoff control minimum must be signed and submitted to the Indiana Department of Environmental Management in accordance with the Compliance Schedule. This certification submittal is necessary to establish the initial implementation of the control measure and only needs to be submitted during the first five-year permit term.
  • Post-Construction Storm Water Runoff Control: An MS4 operator is required to develop, implement, manage, and enforce a program to address discharges of post-construction storm water runoff from new development and redevelopment areas. The program should be focused on areas that disturb one (1) or more acres of land.
    • Planning for post-construction measure should be included with the development of the construction plan for the project. Planning these measures prior to land disturbance is essential to accommodate them into the overall development plan. During construction, some of the post-construction measures may also be utilized as sediment trapping devices. Once the construction activity is complete, the post-construction measures specified by the MS4 entity can become operational to ensure adequate storm water quality is maintained from the developed site. The Indiana Storm Water Quality Manual provides planning principles for layout and design of a project site and standards and specifications on various storm water quality measures that target pollutants associated with post-construction runoff.
    • An MS4 entity must create, or revise, a policy, ordinance, or other regulatory mechanism to provide the necessary legal authorities to control, and, when necessary, penalize the source of noncompliance to the MS4 entity specifications created for post-construction runoff. MS4 entities that do not have the ability to create or enforce ordinances will need to either create an enforceable policy document, or enter into a legal agreement with another entity to implement this control measure.
    • Post-construction storm water quality measures are long-term control systems that must be managed and maintained to ensure performance. The program for post-construction must ensure that adequate maintenance will be performed on these storm water quality measures.
    • According to the Rule, a certification form, Post Construction - State Form 51274 (available on the IDEM Forms page), or the post-construction runoff minimum control measure program must be signed and submitted to the Indiana Department of Environmental Management in accordance with the Compliance Schedule. This certification submittal is necessary to establish the initial implementation of the control measure and only needs to be submitted during the first five-year permit term.
  • Municipal Operations Pollution Prevention and Good Housekeeping: The final minimum control measure addresses the storm water discharges that are associated with operations internal to the MS4. This measure requires the MS4 to evaluate and alter operations internally to ensure a reduction in the pollutants that are generated from municipal operations.
    • Below are several items that are required to be addressed for this minimum control measure:
    • Maintenance of the MS4 conveyances is essential to reducing the potential for pollutants and is addressed through periodic litter pick up, cleaning and maintenance of storm water systems, pavement sweeping, roadside shoulder and conveyance system maintenance, and remediation measures for scoured outfalls.
    • Reduce or eliminate the discharge of pollutants from roads, parking lots, maintenance and storage yards, and waste transfer stations.
    • Develop procedures for the proper disposal of materials removed from storm sewer systems, conveyances channels, and operational areas.
    • Consider modification of flood management projects to address storm water quality in addition to quantity. This approach may also be suitable by retrofitting existing flood management structures.
    • MS4 area personnel that are involved in the internal operational activities must receive relevant storm water training. This training can be conducted "in-house" by MS4 entity staff or some other trainer and must occur, at a minimum, annually.
  • A certification form, Pollution Prevention and Good Housekeeping - State Form 51281 (available on the IDEM Forms page), for the pollution prevention and good housekeeping minimum control measure program must be signed and submitted to the Indiana Department of Environmental Management in accordance with the Compliance Schedule. This certification submittal is necessary to establish the initial implementation of the control measure and only needs to be submitted during the first five-year permit term.