1. Rule 5/6/13 Conversion to General Permits
Mary Atkins, pe, cpesc
Wessler Engineering

2. Background Rule 5 Rule 13 327 IAC 15-5 327 IAC 15-13
NPDES general permit by rule for land disturbing activities and construction runoff
Rule 6
327 IAC 15-6
NPDES general permit by rule for industrial activities
Rule 13
327 IAC 15-13
NPDES general permit by rule for Municipal Separate Storm Sewer Systems (MS4s)

3. What is the change?
Convert “permit by rule” to an administratively issued general permit
Permits are to be developed and issued by IDEM
5 year permit terms

4. Why the change? EPA has mandated the change
Potential conflict with permittees establishing rules.
2003 – last time regulations changed
Update according to EPA requirements (Remand Rule)
Clarify issues encountered over 15 years
Incorporate implementation feedback

5. IDEM’s Process IDEM prepared draft language Approved by EPA
Advisory Group to comment/revise language
Language back to EPA
Permit out for Public notice
Rule making
Final adoption of the permits

6. Permits will be addressed in the following order
Construction site runoff
Municipal Separate Storm Sewer Systems
Industrial stormwater runoff
Release of Construction and MS4 permits at the same time due to overlap and impacts to MS4s
Out for public notice before the end of 2019
Rule 6 (Industrial permit) process has not started. IDEM is forming Advisory Group

7. IDEM Advisory Group and Stakeholders

8. Changes in the Construction Permit
Natural Buffers
Sediment Basins
Detention and Water Quality Treatment
Outfall Stabilization
Covering Dumpsters
7 day Stabilization
Written Evaluations and Inspections
NOI Submittal

9. Natural Buffers

10. Sediment Basins

11. Stormwater Detention

12. Stormwater Quality Treatment

13. Indiana Code Reference

14. Outfall stabilization

15. Cover Dumpsters

16. 7-day Stabilization Requirements

17. Concrete Washout - Definition

18. Written Evaluations and Documentation
Detailed list of written evaluation report contents
Corrective actions documentation
Project management log

19. NOI submittal Open permits must obtain new coverage
Update activity-based requirements
Design components will not require retrofit

20. Anticipated Changes in the MS4 Permit
General Requirements
MCM 1 – Public Education and Outreach
MCM 2 – Public Involvement
MCM 3 – Illicit Discharge Detection and Elimination
MCM 4 – Construction
MCM 5 – Post Construction
MCM 6 – Municipal Operations
Annual Reporting

21. General Requirements Permit numbering for co-permits
MS4 Operator – Highest elected official
MS4 Coordinator – Program administrator/contact person
Training requirements
Program administrators
Municipal staff
Plan reviewers
Construction inspection/enforcement
Established timelines for updating the program and ordinances

22. MCM 1 and MCM 2 Education/Involvement
Considering merging MCM 1 and MCM 2
Develop Comprehensive Plan for education and involvement

23. MCM 3 Illicit Discharge Allowable discharges in IDDE ordinance
Ordinance review and update
Mapping
Dry weather screening requirements

24. MCM 4 and MCM 5 Construction/Post-Construction
New Construction Permit
Minimum Standards
Ordinance review and update
Requirements for plan review of construction SWPPPs
Requirements for inspection and enforcement

25. MCM 6 Municipal Operations
Clear requirements for the content within facility SWPPPs
Timeline or facility self-inspections
Developing written standard operating procedures (SOPs)

26. Annual Report A list of information to be submitted with annual report
Annual instead of every 2 years
Will likely be on the calendar year
Will eventually be submitted on-line

27. House Bill 1266 House Enrolled Act 1266
Title: Erosion and Sediment Control in Construction Projects
Effective July 1, 2019
ACEC provided comment during the process
Is an Indiana law not a permit condition

28. Plan Review Review authority has
10 working days for plan review of small projects
14 working days for large projects
Current Rule 5 allows 28 days for review
If no review
Submit NOI and begin work after 48 hours
It is unclear how other local permit approvals will be affected
Building permits, plan commission approval, tech committee reviews

29. Qualifications of a Plan Reviewer
Trained Individual
Mimics current Rule 5 definition
Completion of course work
State registration
Professional certification
Annual training

30. Stop Work Orders
May not stop work on the grounds of erosion and sediment control measures unless the site owner is given 72 hours of written notice Does not apply to “a public hazard or safety hazard”

31. No More Stringent
MS4s shall not impose erosion and sediment control measures on a construction site that is more stringent than erosion and sediment control measures established by the general permit.

32. Questions? Mary K. Atkins, PE, CPESC Wessler Engineering