Permit Duration and Renewal
Once a permit is applied for under this rule, a designated MS4 entity, must comply with the permit conditions until the permit expires. A general permit issued under this 327 IAC 15-13 (Rule 13) is valid for five years from the date of the NOI letter submittal. Renewal applications must be submitted at least 60 days prior to the expiration date of the permit. The 60-day period, in part, is meant to allow IDEM an opportunity to review the submitted information for completeness and appropriateness under the general permit issued under this rule prior to the existing permit’s expiration.
The only exception to renew a permit in the fifth year of the compliance cycle includes the following:
- when conditions change within the MS4 entity that place the entity below the minimum designation criteria;
- when data or conditions indicate that an individual MS4 permit is more appropriate;
- when analytical data is available that indicates storm water controls are not needed presently or in the future to meet water quality standards or beneficial uses in the receiving water.
If one of the exceptions is applicable to a regulated MS4 entity and the entity wishes to terminate permit coverage, the MS4 entity must submit a letter to IDEM describing the reason(s) for the applicability of the exception, and any other supporting documentation as necessary to prove the exception claim.
A new NOI Form - State Form 51270 (available on the IDEM Forms page) and SWQMP-Part A: Initial Application must be submitted with a renewal application. Submitting these documents is required and insures ensures that the information is complete and current in the renewal application.
The renewal of the general permit is an opportunity for an MS4 to re-evaluate the structure of the program, including partnerships, co-permittee relationships, and permit boundaries.
One option to re-structure the general permit after the five-year permit has expired is to consider organization on a watershed basis. IDEM’s assessment program has a surface water quality monitoring strategy that is, in part, based on watershed boundaries. Total Maximum Daily Load (TMDL) studies are conducted on specific water bodies. As the monitoring strategy data and TMDL studies are completed, IDEM may determine that storm water permits issued on a watershed boundary basis provide more opportunities for overall water quality protection within a watershed. Some permits issued under this rule may be administratively extended longer than the five year permit term to allow for permit renewals based on watersheds.