For more information regarding the applicability requirements for 327 IAC 15-6, please contact the Storm Water Permit Coordinator.
I am associated with a private yacht club. The club has a SIC code of 7997. Based on this SIC code it does not appear that we are required to obtain a Rule 6 permit. Can you clarify whether or not a permit is required?
The statement above is true, if you are operating solely under a Standard Industrial Classification (SIC) Code of 7997, a permit would not be required. However, facilities that are associated with water transportation that allow on-site maintenance activities at the facility may also be classified under the SIC 4493. A facility may have more than one SIC Code. It is possible that this facility may be classified under 7997, but also due to the presence of maintenance activities have an SIC Code of 4493. Therefore, a Rule 6 permit may be required if the facility has storm water exposed to an industrial activity that is discharged through a point source to the waters of the state.
General Permit Information
What areas of a facility are considered industrial activity?
An area of industrial activity means one used for the manufacturing, processing, or raw and/or intermediate product storage. The term does not include non-operational areas such as administrative buildings and accompanying parking, unless the storm water run-off or vehicle tracking from the active areas are commingled with the storm water run-off in the non-active areas.
Is there a fee for the Rule 6 permit?
Yes, there is a $50.00 initial application fee (due at the time of the NOI submittal) and a $100.00 annual fee (invoiced to the facility from IDEM) for years two through five.
What is my facility's permit number?
A permit number is assigned to every facility that has submitted an NOI or claimed an exemption. The facility will either be sent a Notice of Sufficiency with the permit number (INR000000) or a Notice of Exemption with an exemption number (INR000000).
Where can I download Rule 6 forms?
Rule 6 forms can be found on the IDEM Forms page.
Notice of Intent (NOI), Facility Information, and Permit Requirements
Is someone available to help me complete my NOI?
Yes, IDEM Storm Water Permit Staff are available to assist with questions on NOI and/other permit questions.
When is my permit "start" date?
The "start" date is the date IDEM receives the Rule 6 NOI and the permit becomes effective.
What are my permit requirements?
Permittees are required to develop and implement a Storm Water Pollution Prevention Plan (SWP3) during the initial year of coverage, and submit a SWP3 Checklist Certification. During the first through fifth permit year permittees are required to complete and submit an Annual Report, and conduct storm water monitoring and submit an annual Storm Water Discharge Monitoring Report.
When are my permit requirements due?
The initial Storm Water Annual Report, and Storm Water Discharge Monitoring Report are due on the anniversary of the submission of the "Notice of Intent" (NOI) letter. Subsequent annual report submittals shall be submitted no later than 365 days from the previous report in years two through five. Within the first permit year the facility has 365 days from the time it submitted a timely NOI to complete and submit the storm water SWP3 Certification Checklist. The facility is also required to complete Quarterly Visual Inspections. The facility is not required to submit its Quarterly Visual Inspections results, unless specified by IDEM, but must keep the results on-site and available for review by an IDEM inspector.
What information should be included in my Storm Water Annual Report?
The report should include any changes to the NOI, facility, facility operations, or industrial activities occurring in the previous year. Additionally, a copy of the comparison table of all sampling results and a list of any additional Best Management Practices (BMP) implemented or corrective measures taken should be included in this submittal.
What information should be included in my Storm Water Discharge Monitoring Report?
Storm water discharges should be grab-sampled once per permit year from the outfall(s) designated on the NOI. Samples should be taken from a rain event of 0.1 inch or greater. Note that snow and ice melt are not valid precipitation events. The storm water should be taken to a lab and analyzed for the following:
- any potential pollutant;
- oil and grease;
- carbonaceous bio-chemical oxygen demand;
- chemical oxygen demand;
- total suspended solids;
- kjeldahl nitrogen;
- total phosphorus; and
- nitrates - nitrites.
The Storm Water Discharge Monitoring Report State Form 53590 (available on the IDEM Forms page) should be completed. All of the information requested on the form is required.
Notices of Termination (NOT)
Is there a Notice of Termination (NOT) form?
Yes. The Notice of Termination (NOT) Letter - State Form 54087 is available on the IDEM Forms page. This NOT letter must be signed by a representative of the permitted facility. By submitting a Notice of Termination a permitted facility is certifying it understands it is no longer authorized to discharge storm water associated with industrial activity in accordance with 327 IAC 15-6. An inspection may be conducted to verify storm water discharges associated with industrial activity and materials have ceased. The termination request letter should be mailed to the following address:
Indiana Department of Environmental Management
Office of Water Quality, Storm Water Program
100 North Senate Avenue Room 1225
Indianapolis, IN 46204
Is the Rule 6 permit transferable from one owner to another?
No. The current permit holder will be required to terminate the permit with a Notice of Termination (NOT) and the new owner will be required to submit the Rule 6 Notice of Intent (NOI) form under the new ownership name.
Definitions and General Information
What is storm water?
For the purposes of this permit storm water is rainfall, snow, snow-melt, ice-melt and the associated run-off.
What is a point source?
A point source is any discernable, confined, and discrete conveyances, including, but not limited to, any of the following from which pollutants are or may be discharged: pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate system, vessel, and/or other floating craft.
What is an outfall?
An outfall is the area where storm water is collected, concentrated, and/or conveyed and then discharges into a water of the state. Point source outfalls include, but are not limited to, any points from which pollutants are or may be discharged: pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate system, vessel, or other floating craft. Drainage is defined in 327 IAC 15-6 as the flow patterns of storm water run-off.
What is a water of the state?
According to Indiana Code § 13-11-2-265, "waters" means the accumulations of water, surface and underground, natural and artificial, public and private, or a part of the accumulations of water that are wholly or partially within, or flow through, or border upon Indiana. The term does not include private ponds, or ponds, reservoirs, or facilities built for the reduction or control of pollution or cooling water before discharge, unless the discharge from the pond, reservoir, or facility causes or threatens to cause water pollution.
What is a combined sewer system?
A combined sewer system means a system of combined sewers that:
- is designed, constructed, and used to receive and transport combined sewage to a publicly owned wastewater treatment plant; and
- may contain one or more overflow points that discharge combined sewage entering the publicly owned wastewater treatment plant when the hydraulic capacity of the system or part of the system is exceeded as a result of a wet weather event.
What are best management practices?
Best management practices (BMPs) means any of the following measures to prevent or reduce the pollution of waters of the state:
- schedules of activities;
- prohibitions of practice;
- treatment requirements;
- operation and maintenance procedures;
- use of containment facilities; and
- other management practices.
BMPs may be employed, for example, to control plant site run-off, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage, resulting from regulated industrial activities.
What is a SWP3, and what are its requirements?
The Storm Water Pollution Prevention Plan (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:
- 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;
- a non-storm water assessment; and
- a comparison of the sampling analyses results.
What is a "responsible official"?
A responsible official/individual is defined in 327 IAC 15-4-3(g). For a corporation, a responsible corporate officer means a president, secretary, treasurer, any vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively. For a municipality, state, federal, or other public agency or political subdivision thereof, by either a principal executive officer or ranking elected official.
Who is considered a Qualified Professional?
A Qualified Professional means an individual who is trained and experienced in storm water treatment techniques and related fields as may be demonstrated by state registration, professional certification, experience, or completion of coursework that enable the individual to make sound, professional judgments regarding storm water control or treatment and monitoring, pollutant fate and transport, and drainage planning.