Urban Conservation 327 IAC 15-5 (Rule 5) STORM WATER RUNOFF ASSOCIATED WITH CONSTRUCTION ACTIVITY Construction activities and the resulting land disturbance often lead to erosion and the discharge of sediment. If appropriate erosion and sediment control measures are not implemented, sediment may enter water bodies, wetlands, and other natural areas that result in degraded water quality. 327 IAC 15-5 is a performance-based regulation designed to protect the quality of surface waters in the State of Indiana. The regulation targets the reduction of pollutants, principally sediment, as a result of soil erosion that is associated construction and/or land disturbing activities. The requirements of 327 IAC 15-5 apply to all persons who are involved in construction activity (which includes clearing, grading, excavation and other land disturbing activities) that results in the disturbance of one (1) acre or more of total land area. If the land disturbing activity results in the disturbance of less than one (1) acre of total land area, but is part of a larger common plan of development or sale, the project is still subject to storm water permitting. Rule 5 was promulgated and adopted by Indiana to meet the National Pollutant Discharge Elimination System (NPDES) requirements of the U.S. Environmental Protection Agency's 1972 Clean Water Act. Please note the Rule 5 does NOT regulate septic systems, drainage, flooding, or sinkholes. Rule 5 also does not address planning/zoning issues (i.e. the location of development). These are local issures that are addressed through various city, municipal, and county governmental agencies. The SWCD is not a regulatory agency. The SWCD seeks to educate the public in order to facilitate compliance with Rule 5. Any reponse to complaints received regarding Rule 5 activities will be solely for educational/instructional purposes to help site owners/developers understand and comply with the requirements of Rule 5. The Lawrence County SWCD will provide the necessary documents to obtain a Rule 5 permit. Please call the office at 279-8117 ext. 3, to receive a packet of information or schedule an appointment. Steps to Complying with Rule 5 * Contact the Lawrence County SWCD office to request Rule 5 information or schedule an appointment. * Refer to the Lawrence County Soil and Water Conservation District Guidance to Complete Rule 5 Erosion and Sediment Control Plan (available at the office). This is a step-by-step guide on how to satisfy the requirements for sections A,B and C. A list of professionals will also be provided for those wishing not to complete the plan on their own. * Submit a completed Construction Plan to the SWCD office. The reviewing agency has 28 days to review. * Submit a Notice of Intent form to IDEM once the plan has been approved. Proof of publication, construction plan approval verification form and a $100 check must accompany the NOI. The intent to comply with Rule 5 must be provided in the newspaper. IDEM has provided the following for assistance: “Xert Builders (10 Willow Lane, Indianapolis, Indiana 46206) is submitting an NOI letter to notify the Indiana Department of Environmental Management of our intent to comply with the requirements under 327 IAC 15-5 to discharge storm water from construction activities for the following project: Water Garden Addition located at 24 Washout Lane, Indianapolis, Indiana 46206. Run-off from the project site will discharge to the White River. Questions or comments should be directed to Walter Water at the above mentioned Xert Builders address.” * Continue to monitor the site. |
