Storm Water Does Not Have the Potential to Impact a Water of the State

A facility may be eligible for termination if the responsible official/individual can provide information and certifies that storm water does not discharge from those areas exposed to industrial activity. This exclusion may be claimed for the following two reasons:

1) No Discharge to a Water of the State

Under 327 IAC 16-6-11 (a) 5, a complete, state-issued ‘Notice of Termination’ (NOT) letter request form may be submitted if a facility’s storm water run-off does not have the potential to impact a water of the state (defined below). Note that indirect discharges from a facility into a water of the state would not allow a facility to claim this exclusion. An example of an indirect discharge would be run-off that is first directed to an adjacent property, but ultimately impacts a water of the state. Therefore, prior to claiming this exclusion, the discharge of run-off from a facility should be carefully evaluated to determine how run-off will be conveyed during rain events. Potential off-site conveyances that may impact a water of the state include, but are not limited to:

• manmade channels,
• swales,
• tile drains,
• subsurface drainage, or
• swales that naturally occur in the landscape.

Facilities that claim an exclusion from Rule 6 under the premise that the storm water does not discharge to a water of the state may be required to comply with the rule if the agency determines that run-off does eventually discharge to a water of the state through an off-site conveyance system. If it is determined that the site is subject to Rule 6, the responsible official/individual will be required to comply with the provisions of Rule 6. If conditions warrant, the agency may require an individual permit for the facility.

Note: A facility that is excluded from the rule is encouraged to develop and utilize a storm water pollution prevention plan to properly manage operations at the facility. The storm water pollution prevention plan should contain provisions that will reduce the generation and transport of pollutants associated with the industrial operation. A discharge that leads to or contributes to environmental degradation may be subject to applicable environmental regulations.

2) No Discharge, Not a Point Source

This exclusion is not specifically defined in Rule 6; however, it is based on several references and definitions found within the rule. Claims of ‘no discharge’ are typically requested because a facility does not have a point source discharge. Site conditions may exist at a facility that would allow for an exclusion from the rule based on the absence of a point source discharge.

If an operator claims this exclusion, it is critical that the operator continue to monitor activities at the facility to ensure a discharge does not occur. If a discharge does occur, the operator may be found to be in violation of the rule. This discharge may be the result of a variety of events including, but not limited to, the failure of a structure to retain a storm event, by-pass flow, and an alteration or modification at the facility. In this situation, the operator should contact the Indiana Department of Environmental Management (Program Contacts) to report the discharge. If a discharge occurs and is not reported, but the agency is made aware of the discharge through a complaint or an investigation, the agency will promptly contact the operator. The agency will assess each situation and make a determination as to whether or not to bring the facility under the general permit, or if the situation warrants, require an individual permit.

Note: A facility excluded from the rule is encouraged to develop and utilize a storm water pollution prevention plan to properly manage operations at the facility. The storm water pollution prevention plan should contain provisions to reduce the generation and transport of pollutants associated with the industrial operation. A discharge that leads to or contributes to environmental degradation may be subject to applicable environmental regulations.

If you believe the facility is described by either condition above, storm water permit coverage is not required for the industrial operations. If the facility has a current industrial storm water permit, the facility may submit an NOT/E for (State Form 54087) to IDEM for confirmation of this finding. If the facility does not have a current industrial storm water permit, it is not required that the NOT/E form be submitted to IDEM.

However, facilities are encouraged to submit an NOT/E for (State Form 54087) to IDEM to establish an exclusion status in our database. Inquiries are frequently received by IDEM from citizens and local communities, including Municipal Separate Storm Sewer System (MS4) entities regarding permit status. Facilities that have not claimed the exclusion with IDEM are often inspected by MS4s to ensure the facility is in compliance with the MS4’s Illicit Discharge Ordinance.

When submitting the NOT/E letter, the facility should provide:

• A site map that shows the property boundaries, areas of industrial activity, storm water flow direction (represented by arrows), local water bodies (including the distance of the facility from rivers, streams, ponds, ditches, etc.), and identification of adjacent properties (farmland, residential, etc.).
• Location of any facility drinking water wells or the location of any private drinking wells that are located within 1/4 mile of the property boundary of the facility (only applies to claims of no discharge based on infiltration).

• Frequently Asked Questions

For more information regarding the applicability requirements for 327 IAC 15-6, please contact the Storm Water Permit Coordinator.

Referenced forms available on the IDEM Agency Forms page.