Designated MS4 entities are required to submit a general permit application, referred to as a Notice of Intent (NOI) letter, within ninety (90) days of the Rule's effective date (i.e., by November 4, 2003), unless, under special circumstances, IDEM establishes a later date or the U.S. EPA mandates a specific date.
The principal function of the NOI letter submittal is to identify the MS4 entity or entities seeking coverage under the general permit NOI letter, and to ensure, via a legally binding agreement if necessary, that all requirements of this Rule will be addressed during the five-year permit term.
Note: Change in Operator - a new NOI letter may be required if the MS4 Operator changes or a new operator is added the permit. In many circumstances, a new NOI letter, which includes the SWQMP-Part A: Initial Application must be submitted when the MS4 Operator changes. Due to the Operator change, an opportunity is also available to alter the MS4 entity responsibilities and the legally binding agreements. If, upon review of the MS4 area responsibilities, nothing will change except the MS4 Operator name and contact information, a summary letter will be considered a sufficient submittal in lieu of a complete NOI letter.
- The Notice of Intent (NOI) Form (51270) is available on the IDEM Agency Forms page.
The Notice of Intent requires specific information to be provided to IDEM. This information must include:
- The identification of the MS4 operator, the primary contact individual, and additional individuals or entities that are responsible for MS4 program implementation. In addition to the names and roles of each individual, information must include mailing addresses, phone numbers, and e-mail addresses (if available).
For clarification, the MS4 operator is the person tasked with managing the MS4 area activities covered by a general permit issued under this Rule. Only one MS4 operator can be identified per NOI letter submittal, even if multiple MS4 entities are seeking coverage under one general permit. The primary contact individual is the person assigned to be a “point of contact” for IDEM staff to obtain information. The primary contact individual can be the same person as the MS4 operator, but it may not always be the same. The responsible individual is the person tasked with ultimately ensuring that an MS4 entity is complying with the conditions of this Rule or the legally binding agreement, if applicable. Each MS4 entity has a responsible individual. Some examples of an appropriate responsible individual would be a mayor, town manager, acting county commissioner or association president, or facility manager. If an NOI letter submittal is covering multiple MS4 entities, each MS4 entity must provide the name of a responsible individual, and a primary contact individual and MS4 operator must be determined and provided for the NOI letter submittal.
- A listing of all known receiving waters. Receiving waters include those waters listed in the United States Geological Survey National Hydrography Dataset. This dataset is available online and, as an alternative to downloading information from the internet, should correspond to waters listed on United States Geological Survey 7.5-minute quadrangle maps. In addition to the water body types excluded in the definition of receiving water under 327 IAC 15-13-5(61) intermittent water bodies (including those represented by a blue, dashed line on a United States Geological Survey 7.5-minute quadrangle map), or those water bodies that are “dry” unless a rain event occurs, are excluded from identification.
- As additional receiving waters are identified, the information must be provided in the corresponding Annual Report that is required by the Rule.
- The general permit requires that a proof of publication is issued in a local newspaper with the greatest circulation in the affected MS4 area. The notice must provide a listing of all entities intended to be covered under the permit. The following statement must be included in the public notice:
- “(MS4 entity name and address) intends to discharge storm water into the (text name and numeric identifier of all 14-digit Hydrologic Unit Code areas) watershed(s), and is submitting a Notice of Intent letter to notify the Indiana Department of Environmental Management of our intent to comply with the requirements under 327 IAC 15-13 to discharge storm water runoff associated with municipal separate storm sewer systems”.
- In addition to the NOI letter, the Storm Water Quality Management Plan (SWQMP)-Part A, Initial Application is also required with the submittal of the NOI.
- Appendix A of the NOI letter documents responsibilities for implementation of this Rule. The NOI letter and all information required with the NOI submittal must be signed and meet the signatory requirements in accordance with of 327 IAC 15-4-3(g). The signature is usually by a principal executive officer or ranking elected official, or a duly authorized representative of that person.
- If one, or more, of the entities listed in Appendix A are not able to meet their obligations (e.g., due to unexpected costs or insufficient resources) under the established legal agreement or if unexpected conclusions resulting from the program development process cause different or additional entities to become involved, the MS4 operator can complete and submit a new NOI letter that depicts a revised Appendix A and as necessary a revised SWQMP-Part A. If no changes occur to the SWQMP-Part A: Initial Application, the Part A does not need to be resubmitted with the NOI letter.
- Each NOI submittal must include an application fee of fifty dollars ($50). The fee may be paid by a check or money order made payable to the Indiana Department of Environmental Management. Please identify MS4 Storm Water as the applicable program.
There are several options that must be considered when submitting the NOI. These two options are based on the structure established by the MS4 or MS4s:
- For single MS4 entity NOI letter submittals, the MS4 operator may complete the NOI letter requirements of Rule 13 and submit material to IDEM that covers only its own MS4 conveyances. An MS4 operator can still apply individually and utilize another entity’s storm water program components, with the caveat that the shared components are identified, and agreed upon by both entities, in the information submitted with the NOI letter.
- For multiple MS4 entity NOI letter submittals, the regulated MS4 entities must select one MS4 operator for the MS4 area to be covered by the permit. This MS4 operator would complete the NOI letter requirements of Rule 13 and submit material to IDEM that covers all the regulated MS4 area conveyances. According to rule language, the information submitted with the NOI letter must clearly indicate which entities will be implementing which minimum measures (or component thereof).