Rule 5 & Information
Rule 5 (327 IAC 15-5 (PDF)) is a general permit, and as such it is not "issued" in the same manner as an individual NPDES permit would be issued. To obtain an individual permit the applicant submits an application form, IDEM drafts site specific permit conditions and a public comment period is held to solicit proposed modifications to that draft, after which IDEM may revise its draft before issuing a finalized permit.
Rather, Rule 5 was "conditionally issued" to all future "project site owners" at the time that the rule was adopted by the Indiana Water Pollution Control Board. The permit conditions within Rule 5 apply universally to all "project site owners" who are eligible to operate under the rule, and opt to do so.
Notice of Intent
As with any general NPDES permit, there is no 30-day public comment period because the public already had the opportunity to comment on the permit conditions in the Rule during the rule-making process that lead up to the adoption of Rule 5. Hence, the "application" for a Rule 5 permit is called a Notice of Intent (NOI) because the "applicant" or "project site owner" is essentially submitting a NOI letter notifying IDEM of his or her intent to operate their proposed construction project in a manner consistent with the "permit conditions" established by Rule 5. The "project site owner" also notifies the public - in a newspaper - of his or her intent to operate under Rule 5.
- Ronald J.Boehm
Storm Water Specialist
- Indiana Department of Environmental Management
1120 North Vincennes Avenue
P.O. Box 128
Petersburg, IN 47567
- Phone: 888-672-8323
- Email Ronald J.Boehm
The IDEM Wet Weather Section Storm Water Group also has developed some guidance materials, including a Rule 5 step-by-step process summary that compliment the information on this page, and will be particularly helpful to persons who may need a Rule 5 permit.
Other useful Rule 5-related documents include:
- The complete Rule 5 language (PDF)
- The list of Indiana streams that are Outstanding State Resources or Exceptional Use Waters (XLS)
- The Notice of Intent Form (PDF), or application for a Rule 5 permit
- The Notice of Termination Form (PDF) required to be submitted by the project site owner after he or she has completed construction at their Rule 5 permitted site,
- The Identification of Potentially Affected Persons Form (PDF), which must be submitted by any application seeking an individual NPDES permit
- The list of Soil and Water Conservation Districts that review Rule 5 Construction Plans